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The term “public road” means any road or street under the jurisdiction of and maintained by a public authority and open to public

travel. 48a

The term “rural areas” means all areas of a State not included in urban areas.

The term "Secretary" means Secretary of Transportation. 49

The term “urbanized areas” means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census. 50

The term “State” means any one of the fifty States, the District of Columbia, or Puerto Rico. 51

The term “State funds” includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department.

The term “State highway department” means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction.

The term “Federal-aid system” means any one of the Federal-aid highway systems described in section 103 of this title.

The term "Federal-aid primary system" means the Federal-aid highway system described in subsection (b) of section 103 of this title.

The term "Federal-aid secondary system” means the Federal-aid highway system described in subsection (c) of section 103 of this title.

The term “Federal-aid urban system” means the Federal-aid highway system described in subsection (d) of section 103 of this title. 52

The term “Interstate System” means the National System of Interstate and Defense Highways described in subsection (e) of section 103 of this title. 53

The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized areas in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. 54

488 Added by sec. 108(b) of Public Law 94-280, May 5, 1976 (90 Stat. 431).

49 Transferred to the Secretary of Transportation by sec. 6(a) of Public Law 89-670, Oct. 15, 1966 (80 Stat. 931); and amended by section 152(1) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253).

50 Amended by sec. 105(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253).

51 Amended by sec. 21(e)(1) of Public Law 86-70, June 25, 1959 (73 Stat. 141), and by sec. 17(a) of Public Law 86-624, July 12, 1960 (74 Stat. 411).

52 Added by sec. 106(a)(2) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 53 Amended by sec. 106(a)(3) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 54 Amended by sec. 107 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253), and by sec. 108(a)(2) of Public Law 94–280, May 5, 1976 (90 Stat. 431).

(b) It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including the National System of Interstate and Defense Highways, since many of such highways, or portions thereof, are in fact inadequate to meet the needs of local and interstate commerce, for the national and civil defense.

It is hereby declared that the prompt and early completion of the National System of Interstate and Defense Highways, so named because of its primary importance to the national defense and hereafter referred to as the “Interstate System”, is essential to the national interest and is one of the most important objectives of this Act. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the thirty-four years' appropriations authorized for the purposes of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1990, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), and that the entire System in all States be brought to simultaneous completion. Insofar as possible in consonance with this objective, existing highways located on an interstate route shall be used to the extent that such use is practicable, suitable, and feasible, it being the intent that local needs, to the extent practicable, suitable, and feasible, shall be given equal consideration with the needs of interstate commerce.

It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum

55

extent. 56

(c) It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federalaid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. 57

55 Amended by sec. 3 of Public Law 88-423, Aug. 13, 1964 (78 Stat. 397); sec. 4(a) of Public Law 89-574, Sept. 13, 1966 (80 Stat. 766); sec. 4(a) of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); sec. 104(a) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); sec. 106(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253); and sec. 107(a) of Public Law 94-280, May 5, 1976 (90 Stat. 430).

56 Added by sec. 107 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 254).

(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditures are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation. 58

(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government. 59 Sec. 102. Authorizations.

The provisions of this title apply to all unappropriated authorizations contained in prior Acts, and also to all unexpended appropriations heretofore made, providing for the expenditure of Federal funds upon the Federal-aid systems. All such authorizations and appropriations shall continue in full force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provisions of this title. Sec. 103. Federal-aid systems.

(a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section. 60

(b) (1) The Federal-aid primary system shall consist of an adequate system of connected main highways, selected or designated by each State through its State highway department, subject to the approval of the Secretary as provided by subsection (f) of this section. This system shall not exceed 7 per centum of the total highway mileage of such State, exclusive of mileage within national forests, Indian, or other Federal reservations and within urban areas, as shown by the records of the State highway department on November 9, 1921. Whenever provision has been made by any State for the completion and maintenance of 90 per centum of its Federal-aid primary system, as originally designated, said State through its State highway department by and with the approval of the Secretary is authorized to increase the mileage of its Federal-aid primary system by additional mileage equal to not more than 1 per centum of the total mileage of said State as shown by the records on November 9, 1921. Thereafter, it may make like 1 per centum increases in the mileage of its Federal-aid primary system whenever provision has been made for the completion and maintenance of 90 per centum of the entire system, including the additional mileage previously authorized. This system may be located both in rural and urban areas. The mileage limitations in this paragraph shall not apply to the District of Columbia, Hawaii, Alaska, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 60 a

57 Amended by sec. 107 of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713).

58 New subsecs. (c) and (d) added by sec. 15 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); and sec. 107 of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713).

59 Added by sec. 108 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 255). 60 Amended by sec. 106(b)(3) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 60 a Amended by sec. 108(1), Public Law 97-424, Jan. 6, 1983 (96 Stat. 2104). 61 Added by sec. 148(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274).

(2) After June 30, 1976, the Federal-aid primary system shall consist of an adequate system of connected main roads important to interstate, statewide, and regional travel, consisting of rural arterial routes and their extensions into or through urban areas. The Federal-aid primary system shall be designated by each State acting through its State highway department and where appropriate, shall be in accordance with the planning process pursuant to section 134 of this title, subject to the approval of the Secretary as provided by subsection (1) of this sec

tion. 61

(c)(1) The Federal-aid secondary system shall be selected by the State highway departments and the appropriate local road officials in cooperation with each other, subject to approval by the Secretary as provided in subsection (f) of this section. In making such selections, farm-to-market roads, rural mail routes, public school bus routes, local rural roads, access roads to airports, county roads, township roads, and roads of the county road class may be included, so long as they are not on the Federal-aid primary system or the Interstate System. This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area.

62

62 Amended by sec. 8(a) of Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145); sec. 106(b)(1) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); and sec. 148(e) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274).

(2) After June 30, 1976, the Federal-aid secondary system shall consist of rural major collector routes. The Federal-aid secondary system shall be designated by each State through its State highway department and appropriate local officials in cooperation with each other, subject to the approval of the Secretary as provided in subsection (1) of this section. 63

(d)(1) The Federal-aid urban system shall be established in each urbanized area, and in such other urban areas as the State highway department may designate. The system shall be so located as to serve the major centers of activity, and shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system to the extent feasible shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and, in urbanized areas, also in accordance with the planning process under section 134 of this title. Designation of the Federal-aid urban system shall be subject to the approval of the Secretary as provided in subsection (1) of this section. The provisions of chapters 1, 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection. 64

(2) After June 30, 1976, the Federal-aid urban system shall be located in each urbanized area and such other urban areas as the State highway departments may designate and shall consist of arterial routes and collector routes, exclusive of urban extensions of the Federal-aid primary system. The routes on the Federal-aid urban system shall be designated by appropriate local officials, with the concurrence of the State highway departments, subject to the approval of the Secretary as provided in subsection (1) of this section, and in the case of urbanized areas shall also be in accordance with the planning process required pursuant to the provisions of section 134 of this title. 65

(e)(1) The Interstate System shall be designated within the United States, including the District of Columbia, and, except as provided in paragraphs (2) and (3) of this subsection, it shall not exceed forty-one thousand miles in total extent. It shall be so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers, to serve the national defense, and to the greatest extent possible, to connect at suitable border points with routes of

63 Added by sec. 148(b) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274).

64 Added by sec. 106(b)(1) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); renumbered by sec. 148(c) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274) and amended by sec. 109(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 255).

65 Added by sec. 148(c) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274).

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