23 U.S.C. § 103 : US Code - Section 103: Federal-aid systems

Search 23 U.S.C. § 103 : US Code - Section 103: Federal-aid systems

(a) In General. - For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
(b) National Highway System. -
(1) Description. - The National Highway System consists of the
highway routes and connections to transportation facilities
depicted on the map submitted by the Secretary to Congress with
the report entitled "Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals" and
dated May 24, 1996. The system shall -
(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other major
travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel.
(2) Components. - The National Highway System described in
paragraph (1) consists of the following:
(A) The Interstate System described in subsection (c).
(B) Other urban and rural principal arterial routes.
(C) Other connector highways (including toll facilities) that
provide motor vehicle access between arterial routes on the
National Highway System and a major intermodal transportation
facility.
(D) A strategic highway network consisting of a network of
highways that are important to the United States strategic
defense policy and that provide defense access, continuity, and
emergency capabilities for the movement of personnel,
materials, and equipment in both peacetime and wartime. The
highways may be highways on or off the Interstate System and
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
(E) Major strategic highway network connectors consisting of
highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated by
the Secretary in consultation with appropriate Federal agencies
and the States.
(3) Maximum mileage. - The mileage of highways on the National
Highway System shall not exceed 178,250 miles.
(4) Modifications to nhs. -
(A) In general. - The Secretary may make any modification,
including any modification consisting of a connector to a major
intermodal terminal, to the National Highway System that is
proposed by a State or that is proposed by a State and revised
by the Secretary if the Secretary determines that the
modification -
(i) meets the criteria established for the National Highway
System under this title; and
(ii) enhances the national transportation characteristics
of the National Highway System.
(B) Cooperation. -
(i) In general. - In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
(ii) Urbanized areas. - In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
(5) Congressional high priority corridors. - Upon the
completion of feasibility studies, the Secretary shall add to the
National Highway System any congressional high priority corridor
or any segment of such a corridor established by section 1105 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2031 et seq.) that was not identified on the National
Highway System described in paragraph (1).
(6) State eligible projects for nhs. - Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated for
any of the following:
(A) Construction, reconstruction, resurfacing, restoration,
and rehabilitation of segments of the National Highway System.
(B) Operational improvements for segments of the National
Highway System.
(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System, and
construction of a transit project eligible for assistance under
chapter 53 of title 49, if -
(i) the highway or transit project is in the same corridor
as, and in proximity to, a fully access-controlled highway
designated as a part of the National Highway System;
(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
(D) Highway safety improvements for segments of the National
Highway System.
(E) Transportation planning in accordance with sections 134
and 135.
(F) Highway research and planning in accordance with chapter
5.
(G) Highway-related technology transfer activities.
(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
(I) Fringe and corridor parking facilities.
(J) Carpool and vanpool projects.
(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
(L) Development, establishment, and implementation of
management systems under section 303.
(M) In accordance with all applicable Federal law (including
regulations), participation in natural habitat and wetland
mitigation efforts related to projects funded under this title,
which may include participation in natural habitat and wetland
mitigation banks, contributions to statewide and regional
efforts to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and regional
natural habitat and wetland conservation and mitigation plans,
including any such banks, efforts, and plans authorized under
the Water Resources Development Act of 1990 (Public Law 101-
640) (including crediting provisions). Contributions to the
mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction;
except that contributions in advance of project construction
may occur only if the efforts are consistent with all
applicable requirements of Federal law (including regulations)
and State transportation planning processes. With respect to
participation in a natural habitat or wetland mitigation effort
related to a project funded under this title that has an impact
that occurs within the service area of a mitigation bank,
preference shall be given, to the maximum extent practicable,
to the use of the mitigation bank if the bank contains
sufficient available credits to offset the impact and the bank
is approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60 Fed.
Reg. 58605 (November 28, 1995)) or other applicable Federal law
(including regulations).
(N) Publicly-owned intracity or intercity bus terminals.
(O) Infrastructure-based intelligent transportation systems
capital improvements.
[(P) Repealed. Pub. L. 109-59, title I, Sec. 1118(b)(1)(B),
Aug. 10, 2005, 119 Stat. 1181.]
(Q) Environmental restoration and pollution abatement in
accordance with section 328.
(R) Control of noxious weeds and aquatic noxious weeds and
establishment of native species in accordance with section 329.
(7) Territory eligible projects. - Subject to approval by the
Secretary, funds set aside for this program under section
104(b)(1) for the National Highway System may be obligated for
projects eligible for assistance under the territorial highway
program under section 215.
(c) Interstate System. -
(1) Description. -
(A) In general. - The Dwight D. Eisenhower National System of
Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance with
this paragraph.
(B) Design. -
(i) In general. - Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
(ii) Exception. - Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
(C) Location. - Highways on the Interstate System shall be
located so as -
(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
(ii) to serve the national defense; and
(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
(D) Selection of routes. - To the maximum extent practicable,
each route of the Interstate System shall be selected by joint
action of the State transportation departments of the State in
which the route is located and the adjoining States, in
cooperation with local and regional officials, and subject to
the approval of the Secretary.
(2) Maximum mileage. - The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
(3) Modifications. - The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
(4) Interstate system designations. -
(A) Additions. - If the Secretary determines that a highway
on the National Highway System meets all standards of a highway
on the Interstate System and that the highway is a logical
addition or connection to the Interstate System, the Secretary
may, upon the affirmative recommendation of the State or States
in which the highway is located, designate the highway as a
route on the Interstate System.
(B) Designations as future interstate system routes. -
(i) In general. - If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in which
the highway is located, designate the highway as a future
Interstate System route.
(ii) Written agreement of states. - A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in such clause that the highway
will be constructed to meet all standards of a highway on the
Interstate System by the date that is 25 years after the date
of the agreement.
(iii) Removal of designation. -
(I) In general. - If the State or States described in
clause (i) have not substantially completed the
construction of a highway designated under this
subparagraph within the time provided for under clause
(ii), the Secretary shall remove the designation of the
highway as a future Interstate System route.
(II) Effect of removal. - Removal of the designation of a
highway under subclause (I) shall not preclude the
Secretary from designating the highway as a route on the
Interstate System under subparagraph (A) or under any other
provision of law providing for addition to the Interstate
System.
(III) Existing agreements. - An agreement described in
clause (ii) that is entered into before the date of
enactment of this subclause shall be deemed to include the
25-year time limitation described in that clause,
regardless of any earlier construction completion date in
the agreement.
(iv) Prohibition on referral as interstate system route. -
No law, rule, regulation, map, document, or other record of
the United States, or of any State or political subdivision
of a State, shall refer to any highway designated as a future
Interstate System route under this subparagraph, nor shall
any such highway be signed or marked, as a highway on the
Interstate System until such time as the highway is
constructed to the geometric and construction standards for
the Interstate System and has been designated as a route on
the Interstate System.
(C) Financial responsibility. - Except as provided in this
title, the designation of a highway under this paragraph shall
create no additional Federal financial responsibility with
respect to the highway.
(5) Exemption of interstate system. -
(A) In general. - Except as provided in subparagraph (B), the
Interstate System shall not be considered to be a historic site
under section 303 of title 49 or section 138 of this title,
regardless of whether the Interstate System or portions or
elements of the Interstate System are listed on, or eligible
for listing on, the National Register of Historic Places.
(B) Individual elements. - Subject to subparagraph (C), the
Secretary shall determine, through the administrative process
established for exempting the Interstate System from section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
those individual elements of the Interstate System that possess
national or exceptional historic significance (such as a
historic bridge or a highly significant engineering feature).
Such elements shall be considered to be a historic site under
section 303 of title 49 or section 138 of this title, as
applicable.
(C) Construction, maintenance, restoration, and
rehabilitation activities. - Subparagraph (B) does not prohibit
a State from carrying out construction, maintenance,
restoration, or rehabilitation activities for a portion of the
Interstate System referred to in subparagraph (B) upon
compliance with section 303 of title 49 or section 138 of this
title, as applicable, and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
(d) Transfer of Interstate Construction Funds. -
(1) Interstate construction funds not in surplus. -
(A) In general. - Upon application by a State and approval by
the Secretary, the Secretary may transfer to the apportionment
of the State under section 104(b)(1) any amount of funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs of construction
of segments of the Interstate System in the State included in
the most recent Interstate System cost estimate.
(B) Effect of transfer. - Upon transfer of an amount under
subparagraph (A), the construction on which the amount is
based, as included in the most recent Interstate System cost
estimate, shall not be eligible for funding under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) or 118(c).
(2) Surplus interstate construction funds. - Upon application
by a State and approval by the Secretary, the Secretary may
transfer to the apportionment of the State under section
104(b)(1) any amount of surplus funds apportioned to the State
under section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the 21st
Century), if the State has fully financed all work eligible under
the most recent Interstate System cost estimate.
(3) Applicability of certain laws. - Funds transferred under
this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.