expended. Notwithstanding any other provision of law, in addition to such funds, upon agreement with the State of Alaska, the Secretary is authorized to expend on such highway any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. Notwithstanding any other provision of law, any obligation limitation enacted for fiscal year 1983 or for any other fiscal year thereafter shall not apply to projects authorized by the preceding sentence. No expenditures shall be made for the construction of such highways until an agreement has been reached by the Government of Canada and the Government of the United States which shall provide, in part, that the Canadian Government—

(1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways;

(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons;

(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;

(4) will continue to grant reciprocal recognition of vehicle registration and drivers' licenses in accordance with agreements between the United States and Canada; and

(5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic.

(b) The survey and construction work undertaken pursuant to this section shall be under the general supervision of the Secretary.

(a) The Secretary is authorized to make grants to States for projects for the construction, reconstruction, and improvement of any offsystem road, including, but not limited to, the correction of safety hazards, the replacement of bridges, the elimination of high-hazard locations and roadside obstacles.

(b) On October 1 of each fiscal year the Secretary shall apportion the sums authorized to be appropriated to carry out this section among the several States as follows:

(1) Two-thirds according to the following formula

(A) one-third in the ratio which the area of each State bears to the total area of all States;

176 Added by sec. 122(a) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2289 and 2290); amended and retitled by sec. 135(a) of Public Law 94-280, May 5, 1976 (90 Stat. 441-442).

(B) one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; and

(C) one-third in the ratio in which the off-system road mileage of each State bears to the total off-system road mileage of all the States. Off-system road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary.

(2) One-third in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census.

(c) Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis. Not less than 50 per centum of the funds obligated in any State under this section in any fiscal year shall be obligated for highway safety improvement projects. 176b

(d) In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located.

(e) Sums apportioned under this section and programs and projects under this section shall be subject to all of the provisions of chapter 1 of this title applicable to highways on the Federal-aid secondary system except the formula for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section. The Secretary is not authorized to determine as inconsistent with this section any provision relating to the obligation and availability of funds.

(f) As used in this section, the terms "off-system road" means any toll-free road (including bridges), which road is not on any Federal-aid system and which is under the jurisdiction of and maintained by a public authority and open to public travel.

17 Amended by sec. 168(d) of Public Law 95-599, Nov. 6, 1978 (92 Stat. 2723); and sec. 10(a), Public Law 96-106, Nov. 9, 1979 (93 Stat. 798).

Chapter 3.-GENERAL PROVISIONS

Sec. 301. Freedom from tolls.

Except as provided in section 129 of this title with respect to certain toll bridges and toll tunnels, all highways constructed under the provisions of this title shall be free from tolls of all kinds.

Sec. 302. State highway department.

(a) Any State desiring to avail itself of the provisions of this title. shall have a State highway department which shall have adequate powers, and be suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by this title. Among other things, the organization shall include a secondary road unit. In meeting the provisions of this subsection, a State may engage, to the extent necessary or desirable, the services of private engineering firms. 177

(b) The State highway department may arrange with a county or group of counties for competent highway engineering personnel suitably organized and equipped to the satisfaction of the State highway department, to supervise construction and maintenance on a county-unit or group-unit basis, for the construction of projects on the Federal-aid secondary system, financed with secondary funds, and for the maintenance thereof.

Sec. 303. Repealed, 178

Sec. 304. Participation by small business enterprises.

It is declared to be in the national interest to encourage and develop the actual and potential capacity of small business and to utilize this important segment of our economy to the fullest practicable extent in construction of the Federal-aid highway systems, including the Interstate System. In order to carry out that intent and encourage full and free competition, the Secretary should assist, insofar as feasible, small business enterprises in obtaining contracts in connection with the prosecution of the highway program.

Sec. 305. Archeological and paleontological salvage.

Funds authorized to be appropriated to carry out this title to the extent approved as necessary by the highway department of any State, may be used for archeological and paleontological salvage in that State

177 Amended by sec. 11 of Public Law 89-574, Sept. 13, 1966 (80 Stat. 766). 178 Repealed by sec. 7(b), Public Law 97-449, Jan. 12, 1983 (96 Stat. 2445).

in compliance with the Act entitled "An Act for the perservation of American antiquities", approved June 8, 1906 (34 Stat. 225), and State laws where applicable. 179

Sec. 306. Mapping.

In carrying out the provisions of this title, the Secretary may, wherever practicable, authorize the use of photogrammetric methods in mapping, and the utilization of commercial enterprise for such services. Sec. 307. Research and planning.

(a) The Secretary is authorized in his discretion to engage in research on all phases of highway construction, modernization, development, design, maintenance, safety, financing, and traffic conditions, including the effect thereon of State laws and is authorized to test, develop, or assist in the testing and developing of any material, invention, patented article, or process. The Secretary may publish the results of such research. The Secretary may carry out the authority granted hereby, either independently, or in cooperation with any other branch of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organization, or person. The Secretary is also authorized, acting independently or in cooperation with other Federal departments, agencies, or instrumentalities, to make grants for research fellowships for any purpose for which research is otherwise authorized by this section. The funds required to carry out the provisions of this subsection shall be taken out of the administrative and research funds authorized by section 104 of this title, funds authorized to carry out section 403 of this title, and such funds as may be deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating organization or person. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable to contracts or agreements made under the authority of this subsection. 180

(b) The Secretary shall include in the highway research program herein authorized studies of economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public highways and of the feasibility of uniformity in State regulations with respect to such standards. The highway research program herein authorized shall also include studies to identify and measure, quantitatively and qualitatively, those factors which relate to economic, social, environmental, and other impacts of highway projects. 181

179 Amended by sec. 8(e) of Public Law 86-657, July 14, 1960 (74 Stat. 522). 180 Amended by sec. 103 of the Highway Safety Act of 1966, Public Law 89-564, Sept. 9, 1966 (80 Stat. 731); and sec. 115(c) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713).

181 Amended by sec. 136(c) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); and sec. 112(b)(2), Public Law 96-470, Oct. 19, 1980 (94 Stat. 2239).