23 U.S.C. § 215 : US Code - Section 215: Territorial highway program

Search 23 U.S.C. § 215 : US Code - Section 215: Territorial highway program

(a) Definitions. - In this section, the following definitions
apply:
(1) Program. - The term "program" means the territorial highway
program established under subsection (b).
(2) Territory. - The term "territory" means any of the
following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
(b) Program. -
(1) In general. - Recognizing the mutual benefits that will
accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each government of a territory in
the construction and improvement of a system of arterial and
collector highways, and necessary inter-island connectors, that
is -
(A) designated by the Governor or chief executive officer of
each territory; and
(B) approved by the Secretary.
(2) Federal share. - The Federal share of Federal financial
assistance provided to territories under this section shall be in
accordance with section 120(h).
(c) Technical Assistance. -
(1) In general. - To continue a long-range highway development
program, the Secretary may provide technical assistance to the
governments of the territories to enable the territories to, on a
continuing basis -
(A) engage in highway planning;
(B) conduct environmental evaluations;
(C) administer right-of-way acquisition and relocation
assistance programs; and
(D) design, construct, operate, and maintain a system of
arterial and collector highways, including necessary inter-
island connectors.
(2) Form and terms of assistance. - Technical assistance
provided under paragraph (1), and the terms for the sharing of
information among territories receiving the technical assistance,
shall be included in the agreement required by subsection (e).
(d) Nonapplicability of Certain Provisions. -
(1) In general. - Except to the extent that provisions of
chapter 1 are determined by the Secretary to be inconsistent with
the needs of the territories and the intent of the program,
chapter 1 (other than provisions of chapter 1 relating to the
apportionment and allocation of funds) shall apply to funds
authorized to be appropriated for the program.
(2) Applicable provisions. - The agreement required by
subsection (e) for each territory shall identify the sections of
chapter 1 that are applicable to that territory and the extent of
the applicability of those sections.
(e) Agreement. -
(1) In general. - Except as provided in paragraph (4), none of
the funds made available for the program shall be available for
obligation or expenditure with respect to any territory until the
chief executive officer of the territory enters into an agreement
with the Secretary (not later than 1 year after the date of
enactment of SAFETEA-LU), providing that the government of the
territory shall -
(A) implement the program in accordance with applicable
provisions of chapter 1 and subsection (d);
(B) design and construct a system of arterial and collector
highways, including necessary inter-island connectors, in
accordance with standards that are -
(i) appropriate for each territory; and
(ii) approved by the Secretary;
(C) provide for the maintenance of facilities constructed or
operated under this section in a condition to adequately serve
the needs of present and future traffic; and
(D) implement standards for traffic operations and uniform
traffic control devices that are approved by the Secretary.
(2) Technical assistance. - The agreement required by paragraph
(1) shall -
(A) specify the kind of technical assistance to be provided
under the program;
(B) include appropriate provisions regarding information
sharing among the territories; and
(C) delineate the oversight role and responsibilities of the
territories and the Secretary.
(3) Review and revision of agreement. - The agreement entered
into under paragraph (1) shall be reevaluated and, as necessary,
revised, at least every 2 years.
(4) Existing agreements. - With respect to an agreement under
the section between the Secretary and the chief executive officer
of a territory that is in effect as of the date of enactment of
the SAFETEA-LU -
(A) the agreement shall continue in force until replaced by
an agreement entered into in accordance with paragraph (1); and
(B) amounts made available for the program under the existing
agreement shall be available for obligation or expenditure so
long as the agreement, or the existing agreement entered into
under paragraph (1), is in effect.
(f) Permissible Uses of Funds. -
(1) In general. - Funds made available for the program may be
used only for the following projects and activities carried out
in a territory:
(A) Eligible surface transportation program projects
described in section 133(b).
(B) Cost-effective, preventive maintenance consistent with
section 116(d).
(C) Ferry boats, terminal facilities, and approaches, in
accordance with subsections (b) and (c) of section 129.
(D) Engineering and economic surveys and investigations for
the planning, and the financing, of future highway programs.
(E) Studies of the economy, safety, and convenience of
highway use.
(F) The regulation and equitable taxation of highway use.
(G) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
(2) Prohibition on use of funds for routine maintenance. - None
of the funds made available for the program shall be obligated or
expended for routine maintenance.
(g) Location of Projects. - Territorial highway projects (other
than those described in paragraphs (1), (3), and (4) of section
133(b)) may not be undertaken on roads functionally classified as
local.