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1976/05/05 HR8235 Highway Construction and Safety Amendments (as corrected) (3)
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1976/05/05 HR8235 Highway Construction and Safety Amendments (as corrected) (3)
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The original documents are located in Box 44, folder "1976/05/05 HR8235 Highway
Construction and Safety Amendments (as corrected) (3)" of the White House Records
Office: Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 44 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
H. Con. Res. 618
Passed April 26, 1976
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
Concurrent Resolution
Resolved by the House of Representatives (the Senate concurring),
That the President of the United States is requested to return to the
House of Representatives the enrolled bill (H.R. 8235) to authorize
appropriations for the construction of certain highways in accord-
ance with title 23 of the United States Code, and for other purposes.
If and when such bill is returned by the President, the action of the
Presiding Officers of the two Houses in signing such bill shall be
deemed rescinded; and the Clerk of the House of Representatives is
authorized and directed to reenroll such bill with the following cor-
rection: At the end of the bill add the provisions of TITLE III-
EXTENSION OF HIGHWAY TRUST FUND AND CERTAIN
RELATED PROVISIONS-as set forth in the bill as it passed the
House and the Senate.
Attest:
Clerk of the House of Representatives.
Attest:
Secretary of the Senate.
H. R. 8235
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To authorize appropriations for the construction of certain highways in accord-
ance with title 23 of the United States Code, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I
SHORT TITLE
SEC. 101. This title may be cited as the "Federal-Aid Highway Act
of 1976".
REVISION OF AUTHORIZATION FOR APPROPRIATIONS FOR THE INTERSTATE
SYSTEM
SEC. 102. (a) Subsection (b) of section 108 of the Federal-Aid
Highway Act of 1956, as amended, is amended by striking out "the
additional sum of $3,250,000,000 for the fiscal year ending June 30,
1978, and the additional sum of $3,250,000,000 for the fiscal year end-
ing June 30, 1979.", and by inserting in lieu thereof the following:
"the additional sum of $3,250,000,000 for the fiscal year ending Sep-
tember 30, 1978, the additional sum of $3,250,000,000 for the fiscal year
ending September 30, 1979, the additional sum of $3,625,000,000 for
the fiscal year ending September 30, 1980, the additional sum of
$3,625,000,000 for the fiscal year ending September 30, 1981, the addi-
tional sum of $3,625,000,000 for the fiscal year ending September 30,
1982, the additional sum of $3,625,000,000 for the fiscal year ending
September 30, 1983, the additional sum of $3,625,000,000 for the fiscal
year ending September 30, 1984, the additional sum of $3,625,000,000
for the fiscal year ending Seutember 30, 1985, the additional sum of
$3,625,000,000 for the fiscal year ending September 30, 1986, the addi-
tional sum of $3,625,000,000 for the fiscal year ending September 30,
1987, the additional sum of $3,625,000,000 for the fiscal year ending
September 30, 1988, the additional sum of $3,625,000,000 for
the fiscal year ending September 30, 1989, and the additional sum of
$3,625,000,000 for the fiscal year ending September 30, 1990.".
(b) (1) At least 30 per centum of the apportionment made to each
State for each of the fiscal years ending September 30, 1978. and
September 30, 1979, of the sums authorized in subsection (a) of this
section shall be expended by such State for projects for the construc-
tion of intercity portions (including beltways) which will close essen-
tial gaps in the Interstate System and provide a continuous System.
(2) The Secretary of Transportation shall report to Congress before
October 1, 1976, on those intercity portions of the Interstate System
the construction of which would be needed to close essential gaps in
the System.
(3) A State which does not have sufficient projects to meet the 30
per centum requirement of paragraph (1) of this subsection may,
upon approval of the Secretary of Transportation, be exempt from
the requirements of such paragraph to the extent of such inability.
H. R. 8235-2
(c) No part of the funds authorized by section 108(b) of the Fed-
eral-Aid Highway Act of 1956, as amended, for the Interstate System,
shall be obligated for any project for resurfacing, restoring, or rehabil-
itating any portion of the Interstate System.
AUTHORIZATION OF USE OF COST ESTIMATES FOR APPORTIONMENT OF
INTERSTATE FUNDS
SEC. 103. The Secretary of Transportation shall apportion for the
fiscal year ending September 30, 1978, the sums authorized to be
appropriated for such periods by section 108(b) of the Federal-Aid
Highway Act of 1956, as amended, for expenditures on the National
System of Interstate and Defense Highways, using the apportionment
factors contained in revised table 5 of Committee Print 94-38 of the
Committee on Public Works and Transportation of the House of
Representatives.
TRANSITION QUARTER AUTHORIZATION
SEC. 104. (a) There is hereby authorized to be appropriated, out
of the Highway Trust Fund, $1,637,390,000 for the transition quarter
ending September 30, 1976, for those projects authorized by title 23
of the United States Code, the approval of which creates a contractual
obligation of the United States for payment out of the Highway Trust
Fund of the Federal share of such projects except those authorized by
section 142 of such title, and those on the Interstate System (other
than as permitted in subsection (b)). Such sums shall be apportioned
or allocated on the date of enactment of this Act among the States,
as follows:
(1) 60 per centum according to the formula established under
section 104 (b) (1) of title 23, United States Code, as such sec-
tion is in effect on the day preceding the date of enactment of
this Act.
(2) 40 per centum in the ratio which the population of each
State bears to the total population of all the States shown by the
latest available Federal census.
(b) Any State which received less than one-half of 1 per centum
of the apportionment made under section 104(b) (5) of title 23, United
States Code, for the Interstate System for fiscal year 1977 may expend
all or any part of its apportionment under this section for projects
on the Interstate System in such State.
(c) There is hereby authorized to be appropriated out of the High-
way Trust Fund, for the transition quarter ending September 30,
1976, $8,250,000 for forest highways, and $4,000,000 for public lands
highways. Such sums shall be apportioned or allocated on the date of
enactment of this Act in accordance with section 202 of title 23, United
States Code.
(d) There is authorized to be appropriated, out of the Highway
Trust Fund, for the transition quarter ending September 30. 1976,
$120,000 to the Virgin Islands, $120,000 to Guam, and $120,000 to
American Samoa, for projects and programs under sections 152, 153,
and 402 of title 23, United States Code, such sums shall be appor-
tioned on the date of enactment of this Act in accordance with sec-
tion 402 (c) of title 23, United States Code.
H. R. 8235-3
HIGHWAY AUTHORIZATIONS
SEC. 105. (a) For the purpose of carrying out the provisions of
title 23, United States Code, the following sums are hereby authorized
to be appropriated:
(1) For the Federal-aid primary system in rural areas, including the
extensions of the Federal-aid primary system in urban areas, and
the priority primary routes, out of the Highway Trust Fund,
$1,350,000,000 for the fiscal year ending September 30, 1977, and
$1,350,000,000 for the fiscal year ending September 30, 1978. For the
Federal-aid secondary system in rural areas, out of the Highway Trust
Fund, $400,000,000 for the fiscal year ending September 30, 1977, and
$400,000,000 for the fiscal year ending September 30, 1978.
(2) For the Federal-aid urban system, out of the Highway Trust
Fund, $800,000,000 for the fiscal year ending September 30, 1977, and
$800,000,000 for the fiscal year ending September 30, 1978.
(3) For forest highways, out of the Highway Trust Fund,
$33,000,000 for the fiscal year ending September 30, 1977, and
$33,000,000 for the fiscal year ending September 30, 1978.
(4) For public lands highways, out of the Highway Trust Fund,
$16,000,000 for the fiscal year ending September 30, 1977, and
$16,000,000 for the fiscal year ending September 30, 1978.
(5) For forest development roads and trails, $35,000,000 for the
three-month period ending September 30, 1976, $140,000,000 for the
fiscal year ending September 30, 1977, and $140,000,000 for the fiscal
year ending September 30, 1978.
(6) For public lands development roads and trails, $2,500,000 for the
three-month period ending September 30, 1976, $10,000,000 for the
fiscal year ending September 30, 1977, and $10,000,000 for the fiscal
year ending September 30, 1978.
(7) For park roads and trails, $7,500,000 for the three-month period
ending September 30, 1976, $30,000,000 for the fiscal year ending Sep-
tember 30, 1977, and $30,000,000 for the fiscal year ending Septem-
ber 30, 1978.
(8) For parkways, $11,250,000 for the three-month period ending
September 30, 1976, $45,000,000 for the fiscal year ending Septem-
ber 30, 1977, and $45,000,000 for the fiscal year ending September 30,
1978, except that the entire cost of any parkway project on any Federal-
aid system paid under the authorization contained in this paragraph
shall be paid from the Highway Trust Fund.
(9) For Indian reservation roads and bridges, $20,750,000 for the
three-month period ending September 30, 1976, $83,000,000 for the
fiscal year ending September 30, 1977, and $83,000,000 for the fiscal
year ending September 30, 1978.
(10) For economic growth center development highways under sec-
tion 143 of title 23, United States Code, out of the Highway Trust
Fund, $50,000,000 for the fiscal year ending September 30, 1977, and
$50.000,000 for the fiscal year ending September 30, 1978.
(11) For necessary administrative expenses in carrying out section
131 and section 136 of title 23, United States Code, $375.000 for the
three-month period ending September 30, 1976, $1,500,000 for the fiscal
year ending September 30, 1977, and $1,500,000 for the fiscal year
ending September 30, 1978.
(12) For carrying out section 215(a) of title 23, United States
Code—
H. R. 8235-4
(A) for the Virgin Islands, not to exceed $1,250,000 for the
three-month period ending September 30, 1976, not to exceed
$5,000,000 for the fiscal year ending September 30, 1977, and not
to exceed $5,000,000 for the fiscal year ending September 30, 1978.
(B) for Guam, not to exceed $1,250,000 for the three-month
period ending September 30, 1976, not to exceed $5,000,000 for the
fiscal year ending September 30, 1977, and not to exceed $5,000,000
for the fiscal year ending September 30, 1978.
(C) for American Samoa, not to exceed $250,000 for the three-
month period ending September 30, 1976, not to exceed $1,000,000
for the fiscal year ending September 30, 1977, and not to exceed
$1,000,000 for the fiscal year ending September 30, 1978.
Sums authorized by this paragraph shall be available for obligation
at the beginning of the period for which authorized in the same man-
ner and to the same extent as if such sums were apportioned under
chapter 1 of title 23, United States Code.
(13) For authorized landscaping, including, but not limited to,
the planting of flowers and shrubs indigenous to the area, and for
litter removal an additional $25,000,000 for the fiscal year ending
September 30, 1977 and $25,000,000 for the fiscal year ending Septem-
ber 30, 1978.
(14) For the Great River Road, $2,500,000 for the three-month
period ending September 30, 1976, $10,000,000 for the fiscal year end-
ing September 30, 1977, and $10,000,000 for the fiscal year ending
September 30, 1978, for construction or reconstruction of roads not
on a Federal-aid highway system; and out of the Highway Trust
Fund, $6,250,000 for the three-month period ending September 30,
1976, $25,000,000 for the fiscal year ending September 30, 1977, and
$25,000,000 for the fiscal year ending September 30, 1978, for construc-
tion or reconstruction of roads on a Federal-aid highway system.
(15) For control of outdoor advertising under section 131 of title
23, United States Code, $25,000,000 for the fiscal year ending Sep-
tember 30, 1977, and $25,000,000 for the fiscal year ending September
30, 1978.
(16) For control of junkyards under section 136 of title 23, United
States Code, $15,000,000 for the fiscal year ending September 30, 1977,
and $15,000,000 for the fiscal year ending September 30, 1978.
(17) For safer off-system roads under section 219 of title 23, United
States Code, $200,000,000 for the fiscal year ending September 30,
1977, and $200,000,000 for the fiscal year ending September 30, 1978.
(18) For access highways under section 155 of title 23, United States
Code, $3,750,000 for the three-month period ending September 30,
1976, $15,000,000 for the fiscal year ending September 30, 1977, and
$15,000,000 for the fiscal year ending September 30, 1978.
(19) Nothing in the first ten paragraphs or in paragraph (12),
(13), (14), (17), or (18) of this section shall be construed to authorize
the appropriation of any sums to carry out sections 131, 136, or chapter
4 of title 23, United States Code.
(b) (1) For each of the fiscal years 1978 and 1979. no State, includ-
ing the State of Alaska, shall receive less than one-half of 1 per centum
of the total apportionment for the Interstate System under section
104(b) (5) of title 23, United States Code. Whenever amounts made
available under this subsection for the Interstate System in any State
exceed the estimated cost of completing that State's portion of the
Interstate System, and exceed the estimated cost of necessary resurfac-
ing, restoration, and rehabilitation of the Interstate System within
such State, the excess amount shall be transferred to and added to the
H. R. 8235-5
amounts last apportioned to such State under paragraphs (1), (2)
and (6) of section 104(b) in the ratio which these respective amounts
bear to each other in that State, and shall thereafter be available for
expenditure in the same manner and to the same extent as the amounts
to which they are added. In order to carry out this subsection, there
are authorized to be appropriated, out of the Highway Trust Fund,
not to exceed $91,000,000 for the fiscal year ending September 30, 1978,
and $125,000,000 for the fiscal year ending September 30, 1979.
(2) In addition to funds otherwise authorized, $65,000,000 for the
fiscal year ending September 30, 1977, and $65,000,000 for the fiscal
year ending September 30, 1978, out of the Highway Trust Fund, are
hereby authorized for the purpose of completing projects approved
under the urban high density traffic program prior to the enactment of
this paragraph. Such sums shall be in addition to sums previously
authorized.
(c) (1) In the case of priority primary routes, $50,000,000 of the
sum authorized for fiscal year ending September 30, 1977, by the
amendment made by subsection (a) (1) of this section, shall not be
apportioned. Such $50,000,000 shall be available for obligation on July
1, 1976, in the same manner and to the same extent as sums apportioned
for fiscal year 1977 except that such $50,000,000 shall be available for
obligation at the discretion of the Secretary of Transportation only
for projects of unusually high cost which require long periods of time
for their construction. Any part of such $50,000,000 not obligated by
such Secretary before October 1, 1977, shall be immediately appor-
tioned in the same manner as funds apportioned on October 1, 1977,
for priority primary routes and available for obligation for the same
period as such apportionment.
(2) In the case of priority primary routes, $50,000,000 of the sum
authorized for the fiscal year ending September 30. 1978, by the amend-
ment made by subsection (a) (1) of this section, shall not be appor-
tioned. Such $50,000,000 of such authorized sum shall be available for
obligation on the date of such apportionment. in the same manner and
to the same extent as the sums apportioned on such date. except that
such $50,000,000 shall be available for obligation at the discretion of
the Secretary of Transportation only for projects of unusually high
cost which require long periods of time for their construction. Any
part of such $50,000,000 not obligated by such Secretary before Octo-
ber 1, 1978, shall be immediately apportioned in the same manner as
funds apportioned on October 1, 1978. for such routes. and available
for obligation for the same period as such apportionment.
INTERSTATE SYSTEM RESURFACING
SEC. 106. (a) In addition to any other funds authorized for the
Interstate System, there is authorized to be appropriated out of the
Highway Trust Fund not to exceed $175,000,000 for the fiscal year
ending September 30, 1978, and $175,000.000 for the fiscal year ending
September 30, 1979. Such sums shall be obligated only for projects for
resurfacing, restoring, and rehabilitating those lanes on the Interstate
System which have been in use for more than five years and which are
not on toll roads.
(b) Paragraph (5) of subsection (b) of section 104 of title 23,
United States Code, is amended by inserting "(A) Except as provided
in subparagraph (B)-" immediately after "(5)" and by adding at
the end of such paragraph the following:
"(B) For resurfacing, restoring, and rehabilitating the Interstate
System:
H. R. 8235-6
"In the ratio which the lane miles on the Interstate System which
have been in use for more than five years (other than those on toll
roads) in each State bears to the total of the lane miles on the Inter-
State System which have been in use for more than five years (other
than those on toll roads) in all States.".
EXTENSION OF TIME FOR COMPLETION OF SYSTEM
SEC. 107. (a) The second sentence of the second paragraph of
section 101 (b) of title 23, United States Code, is amended by striking
out "twenty-three years" and inserting in lieu thereof "thirty-four
years" and by striking out "June 30, 1979", and inserting in lieu
thereof "September 30, 1990".
(b) (1) The introductory phrase and the second and third sentences
of section 104(b) (5) of title 23, United States Code, are amended by
striking out "1979" each place it appears and inserting in lieu thereof
at each such place "1990".
(2) The last four sentences of such section 104 (b) (5) are amended
to read as follows: "Upon the approval by Congress, the Secretary
shall use the Federal share of such approved estimate in making
the apportionment for the fiscal year ending September 30, 1977. The
Secretary shall make the apportionment for the fiscal year ending
September 30, 1978, in accordance with section 103 of the Federal-Aid
Highway Act of 1976. The Secretary shall make a revised estimate of
the cost of completing the then designated Interstate System after
taking into account all previous apportionments made under this
section in the same manner as stated above, and transmit the same
to the Senate and the House of Representatives within ten days
subsequent to January 2, 1977. Upon the approval by Congress, the
Secretary shall use the Federal share of such approved estimates in
making apportionments for the fiscal years ending September 30,
1979, and September 30, 1980. The Secretary shall make a revised
estimate of the cost of completing the then designated Interstate
System after taking into account all previous apportionments made
under this section in the same manner as stated above and transmit the
same to the Senate and the House of Representatives within ten days
subsequent to January 2, 1979. Upon the approval by Congress, the
Secretary shall use the Federal share of such approved estimates in
making apportionments for the fiscal years ending September 30, 1981,
and September 30, 1982. The Secretary shall make a revised estimate
of the cost of completing the then designated Interstate System after
taking into account all previous apportionments made under this sec-
tion in the same manner as stated above and transmit the same to the
Senate and the House of Representatives within ten days subsequent
to January 2, 1981. Upon the approval by Congress, the Secretary shall
use the Federal share of such approved estimates in making apportion-
ments for the fiscal years ending September 30, 1983, and September
30, 1984. The Secretary shall make a revised estimate of the cost of
completing the then designated Interstate System after taking into
account all previous apportionments made under this section in the
same manner as stated above and transmit the same to the Senate and
the House of Representatives within ten days subsequent to January 2,
1983. Upon the approval by Congress, the Secretary shall use the Fed-
eral share of such approved estimates in making apportionments for
the fiscal years ending September 30, 1985, and September 30, 1986.
The Secretary shall make a revised estimate of the cost of completing
the then designated Interstate System after taking into account all
previous apportionments made under this section in the same manner
H. R. 8235-7
as stated above and transmit the same to the Senate and the House of
Representatives within ten days subsequent to January 2, 1985. Upon
the approval by Congress, the Secretary shall use the Federal share of
such approved estimates in making apportionments for the fiscal years
ending September 30, 1987, and September 30, 1988. The Secretary
shall make a revised estimate of the cost of completing the then des-
ignated Interstate System after taking into account all previous
apportionments made under this section in the same manner as stated
above and transmit the same to the Senate and the House of Representa-
tives within ten days subsequent to January 2, 1987. Upon the approval
by Congress, the Secretary shall use the Federal share of such
approved estimates in making apportionments for the fiscal years end-
ing September 30, 1989, and September 30, 1990. Whenever the Secre-
tary, pursuant to this subsection, requests and receives estimates of
cost from the State highway departments, he shall furnish copies of
such estimates at the same time to the Senate and the House
of Representatives.".
DEFINITIONS
SEC. 108. (a) Subsection (a) of section 101 of title 23, United
States Code, is amended as follows:
(1) The definition of the term "construction" is amended by insert-
ing immediately after "Commerce)", the following "resurfacing, res-
toration, and rehabilitation,".
(2) The definition of the term "urban area" is amended by striking
out the period at the end thereof and inserting in lieu thereof a comma
and the following: "except in the case of cities in the State of Maine
and in the State of New Hampshire.".
(b) Section 101 (a) of title 23, United States Code, is amended by
adding the following definition after "public lands highways":
"The term 'public road' means any road or street under the jurisdic-
tion of and maintained by a public authority and open to public
travel.".
ELIGIBILITY FOR WITHDRAWAL
SEC. 109. (a) The second sentence of paragraph (2) of subsection
(e) of section 103 of title 23, United States Code, is amended by strik-
ing out "prior to the enactment of this paragraph".
(b) Section 103(e) of title 23, United States Code, is amended by
adding the following new paragraph at the end thereof:
"(5) Interstate mileage authorized for any State and withdrawn
and transferred under the provisions of paragraph (2) of this sub-
section after the date of enactment of the Federal-Aid Highway Act
of 1976, must be constructed by the State receiving such mileage as
part of its Interstate System. Any State receiving such transfer of
mileage may not, with respect to that transfer, avail itself of the
optional use of Interstate funds under the second sentence of para-
graph (4) of this subsection.".
INTERSTATE SYSTEM
SEC. 110. (a) Section 103 (4) of title 23, United States Code.
is amended to read as follows:
(4) Upon the joint request of a State Governor and the local gov-
ernments concerned, the Secretary may withdraw his approval of any
route or portion thereof on the Interstate System which is within an
urbanized area or which passes through and connects urbanized areas
within a State and which was selected and approved in accordance with
H. R. 8235-8
this title, if he determines that such route or portion thereof is not
essential to completion of a unified and connected Interstate System
and if he receives assurances that the State does not intend to construct
a toll road in the traffic corridor which would be served by the route or
portion thereof. When the Secretary withdraws his approval under this
paragraph, a sum equal to the Federal share of the cost to complete the
withdrawn route or portion thereof, as that cost is included in the latest
Interstate System cost estimate approved by Congress, subject to
increase or decrease, as determined by the Secretary based on changes
in construction costs of the withdrawn route or portion thereof as of
the date of enactment of the Federal-Aid Highway Act of 1976 or the
date of approval of each substitute project under this paragraph,
whichever is later, and in accordance with the design of the route or
portion thereof that is the basis of the latest cost estimate, shall be
available to the Secretary to incur obligations for the Federal share of
either public mass transit projects involving the construction of fixed
rail facilities or the purchase of passenger equipment including rolling
stock, for any mode of mass transit, or both, or projects authorized
under any highway assistance program under section 103 of this title;
or both, which will serve the urbanized area and the connecting non-
urbanized area corridor from which the Interstate route or portion
thereof was withdrawn, which are selected by the responsible local
officials of the urbanized area or area to be served, and which are sub-
mitted by the Governor of the State in which the withdrawn route was
located. Approval by the Secretary of the plans, specifications, and
estimates for a substitute project shall be deemed to be a contractual
obligation of the Federal Government. The Federal share of the sub-
stitute projects shall be determined in accordance with the provisions
of section 120 of this title applicable to the highway program of which
the substitute project is a part, except that in the case of mass transit
projects, the Federal share shall be that specified in section 4 of the
Urban Mass Transportation Act of 1964, as amended. The sums avail-
able for obligation shall remain available until obligated. The sums
obligated for mass transit projects shall become part of, and be admin-
istered through, the Urban Mass Transportation Fund. There are
authorized to be appropriated for liquidation of the obligations
incurred under this paragraph such sums as may be necessary out of
the general fund of the Treasury. Unobligated apportionments for the
Interstate System in any State where a withdrawal is approved under
this paragraph shall, on the date of such approval, be reduced in the
proportion that the Federal share of the cost of the withdrawn route or
portion thereof bears to the Federal share of the total cost of all Inter-
state routes in that State as reflected in the latest cost estimate
approved by the Congress. In any State where the withdrawal of an
Interstate route or portion thereof has been approved under section
103 (e) (4) of this title prior to the date of enactment of the Federal-
Aid Highway Act of 1976, the unobligated apportionments for the
Interstate System in that State on the date of enactment of the Fed-
eral-Aid Highway Act of 1976 shall be reduced in the proportion that
the Federal share of the cost to complete such route or portion thereof,
as shown on the latest cost estimate approved by Congress prior to
such approval of withdrawal, bears to the Federal share of the cost of
all Interstate routes in that State, as shown on such cost estimate,
except that the amount of such proportional reduction shall be credited
with the amount of any reduction in such State's Interstate appor-
tionment which was attributable to the Federal share of any substitute
project approved under this paragraph prior to enactment of such
Federal-Aid Highway Act. Funds available for expenditure to carry
H. R. 8235-9
out the purposes of this paragraph shall be supplementary to and
not in substitution for funds authorized and available for obligation
pursuant to the Urban Mass Transportation Act of 1964, as amended.
The provisions of this paragraph as amended by the Federal-Aid
Highway Act of 1976, shall be effective as of August 13, 1973.".
(b) Section 103 (e) (4) of title 23, United States Code, is further
amended by adding the following sentence at the end thereof:
"In the event a withdrawal of approval is accepted pursuant to this
section, the State shall not be required to refund to the Highway Trust
Fund any sums previously paid to the State for the withdrawn route or
portion of the Interstate System as long as said sums were applied to a
transportation project permissible under this title.".
ROUTE WITHDRAWALS
SEC. 111. (a) The existing fourth sentence of paragraph (2) of
subsection (e) of section 103 of title 23, United States Code, is amended
by striking out "increased or decreased," and all that follows down
through and including the period at the end thereof and inserting in
lieu thereof the following: "or if the cost of any such withdrawn route
was not included in such 1972 Interstate System cost estimate, the cost
of such withdrawn route as set forth in the last Interstate System cost
estimate before such 1972 cost estimate which was approved by Con-
gress and which included the cost of such withdrawn route, increased
or decreased, as the case may be, as determined by the Secretary, based
on changes in construction costs of such route or portion thereof,
which, (i) in the case of a withdrawn route the cost of which was not
included in the 1972 cost estimate but in an earlier cost estimate, have
occurred between such earlier cost estimate and the date of enactment
of the Federal-Aid Highway Act of 1976, and (ii) in the case of a
withdrawn route the cost of which was included in the 1972 cost esti-
mate, have occurred between the 1972 cost estimate and the date of
enactment of the Federal-Aid Highway Act of 1976, or the date of
withdrawal of approval, whichever date is later, and in each case costs
shall be based on that design of such route or portion thereof which is
the basis of the applicable cost estimate.".
(b) The amendment made by subsection (a) of this section shall be
applicable to each route on the Interstate System approval of which
was withdrawn or is hereafter withdrawn by the Secretary of Trans-
portation in accordance with the provisions of section 103 (e) (2) of
title 23, United States Code, including any route on the Interstate Sys-
tem approval of which was withdrawn by the Secretary of Transpor-
tation in accordance with the provisions of title 23, United States Code,
on August 30, 1965, for the purpose of designating an alternative
route.
APPORTIONMENTS
SEC. 112. (a) Section 104 (b) of title 23, United States Code, is
amended by striking "On or before January 1 next preceding the com-
mencement of each fiscal year, except as provided in paragraphs (4)
and (5) of this subsection," and inserting in lieu thereof "On October 1
of each fiscal year except as provided in paragraphs (4) and (5) of this
subsection,".
(b) Section 104(b) (1) of title 23, United States Code, is amended
to read as follows:
"(1) For the Federal-aid primary system (including extensions in
urban areas and priority primary routes)-
H. R. 8235-10
"Two-thirds according to the following formula: one-third in the
ratio which the area of each State bears to the total area of all the
States, 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
as shown by the latest available Federal census, and one-third in the
ratio which the mileage of rural delivery routes and intercity mail
routes where service is performed by motor vehicles in each State bear
to the total mileage of rural delivery and intercity mail routes where
service is performed by motor vehicles, as shown by a certificate of the
Postmaster General, which he is directed to make and furnish annually
to the Secretary; and one-third as follows: in the ratio which the pop-
ulation 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. No
State (other than the District of Columbia) shall receive less than
one-half of 1 per centum of each year's apportionment.".
(c) Section 104 (b) (3) of title 23, United States Code, is repealed.
(d) Section 104(e) of title 23, United States Code, is amended to
read as follows:
"(e) On October 1 of each fiscal year the Secretary shall certify to
each of the State highway departments the sums which he has appor-
tioned hereunder (other than under subsection (b) (5) of this section)
to each State for such fiscal year, and also the sums which he has
deducted for administration and research pursuant to subsection (a)
of this section. On October 1 of the year preceding the fiscal year for
which authorized, the Secretary shall certify to each of the State high-
way departments the sums which he has apportioned under subsection
(b) (5) of this section to each State for such fiscal year, and also the
sums which he has deducted for administration and research pursuant
to subsection (a) of this section. To permit the States to develop ade-
quate plans for the utilization of apportioned sums, the Secretary shall
advise each State of the amount that will be apportioned each year
under this section not later than ninety days before the beginning of
the fiscal year for which the sums to be apportioned are authorized,
except that in the case of the Interstate System the Secretary shall
advise each State ninety days prior to the apportionment of such
funds.".
(e) Section 104 (f) (1) of title 23, United States Code, is amended
by striking out "On or before January 1 next preceding the commence-
ment" and inserting in lieu thereof "On October 1". Section 104(f) (1)
is further amended by striking out the period at the end thereof and
inserting in lieu thereof a comma and the following: "except that in
the case of funds authorized for apportionment on the Interstate Sys-
tem, the Secretary shall set aside that portion of such funds (subject
to the overall limitation of one-half of 1 per centum) on October 1 of
the year next preceding the fiscal year for which such funds are author-
ized for such System.".
(f) Section 104 (f) (3) of title 23, United States Code, is amended
by striking out the period at the end of the first sentence and inserting
in lieu thereof ", except that States receiving the minimum appor-
tionment under paragraph (2) may, in addition, subject to the
approval of the Secretary, use the funds apportioned to finance trans-
portation planning outside of urbanized areas.".
(g) Section 104(b) (5) of title 23, United States Code, is amended
by striking out "a date as far in advance of the beginning of the fiscal
year for which authorized as practicable but in no case more than
eighteen months prior to the beginning of the fiscal year for which
authorized." and inserting in lieu thereof the following: "October 1
of the year preceding the fiscal year for which authorized.".
H. R. 8235-11
(h) Notwithstanding any other provision of this Act, including any
amendments made by this Act, funds authorized by this Act (other
than for the Interstate System) for the transition quarter ending Sep-
tember 30, 1976, and for the fiscal year ending September 30, 1977,
shall be apportioned on July 1, 1976, except as otherwise provided in
section 104.
TRANSFERABILITY
SEC. 113. (a) Subsections (c) and (d) of section 104 of title 23,
United States Code, are amended to read as follows:
(c) (1) Subject to subsection (d), the amount apportioned in any
fiscal year, commencing with the apportionment of funds authorized
to be appropriated under subsection (a) of section 102 of the Federal-
Aid Highway Act of 1956 (70 Stat. 374), to each State in accordance
with paragraph (1) or (2) of subsection (b) of this section may be
transferred from the apportionment under one paragraph to the
apportionment under the other paragraph if such a transfer is
requested by the State highway department and is approved by the
Governor of such State and the Secretary as being in the public interest.
(2) Subject to subsection (d), the amount apportioned in any fiscal
year to each State in accordance with paragraph (1) or (6) of sub-
section (b) of this section may be transferred from the apportionment
under one paragraph to the apportionment under the other paragraph
if such transfer is requested by the State highway department and is
approved by the Governor of such State and the Secretary as being
in the public interest. Funds apportioned in accordance with para-
graph (6) of subsection (b) of this section shall not be transferred
from their allocation to any urbanized area of two hundred thousand
population or more under section 150 of this title, without the approval
of the local officials of such urbanized area.
"(d) Each transfer of apportionments under subsection (c) of this
section shall be subject to the following conditions:
"(1) In the case of transfers under paragraph (1), the total
of all transfers during any fiscal year to any apportionment shall
not increase the original amount of such apportionment for such
fiscal year by more than 40 per centum. Not more than 40 per
centum of the original amount of an apportionment for any fiscal
year shall be transferred to other apportionments.
(2) In the case of transfers under paragraph (2), the total of
all transfers during any fiscal year to any apportionment shall not
increase the original amount of such apportionment for such fiscal
year by more than 20 per centum. Not more than 20 per centum
of the original amount of an apportionment for any fiscal year
shall be transferred to other apportionments.
(3) No transfer shall be made from an apportionment during
any fiscal year if during such fiscal year a transfer has been made
to such apportionment.
"(4) No transfer shall be made to an apportionment during any
fiscal year if during such fiscal year a transfer has been made from
such apportionment.".
(b) The amendment made by subsection (a) of this section shall
take effect on July 1, 1976, and shall be applicable with respect to
funds authorized for the fiscal year ending September 30, 1977, and for
subsequent fiscal years. With respect to the fiscal year 1976 and earlier
fiscal years, the provisions of subsections (c) and (d) of section 104
of title 23, United States Code, as in effect on June 30, 1976, shall
remain applicable to funds authorized for such years.
H. R. 8235-12
CONSTRUCTION ESTIMATES
SEC. 114. Section 106(c) of title 23, United States Code, is amended
to read as follows:
"(c) Items included in any such estimate for construction engineer-
ing shall not exceed 10 per centum of the total estimated cost of a
project financed with Federal-aid highway funds, after excluding
from such total estimate cost, the estimated costs of rights-of-way,
preliminary engineering, and construction engineering. However, this
limitation shall be 15 per centum in any State with respect to which
the Secretary finds such higher limitation to be necessary.".
ADVANCE ACQUISITION OF RIGHTS-OF-WAY
SEC. 115. (a) Paragraph (2) of subsection (c) of section 108 of title
23, United States Code, is amended by striking out "made pursuant
to section 133 or chapter 5 of this title".
(b) Section 108(a) of title 23, United States Code, is amended by
inserting after "request is made" the words "unless a longer period is
determined to be reasonable by the Secretary" in the last sentence.
(c) Section 108(c) (3) of title 23, United States Code, is amended
by inserting "or later" following "earlier" in the first sentence.
CERTIFICATION ACCEPTANCE
SEC. 116. (a) Subsection (a) of section 117 of title 23, United
States Code, is amended by striking out "establishing requirements
at least equivalent to those contained in, or issued pursuant to, this
title." and inserting in lieu thereof "which will accomplish the policies
and objectives contained in or issued pursuant to this title.".
(b) Section 117 of title 23 of the United States Code is amended by
adding at the end thereof the following new subsection:
"(f) (1) In the case of the Federal-aid secondary system, in lieu
of discharging his responsibilities in accordance with subsections (a)
through (d) of this section, the Secretary may, upon the request of
any State highway department, discharge his responsibility relative
to the plans, specifications, estimates, surveys, contract awards, design,
inspection, and construction of all projects on the Federal-aid second-
ary system by his receiving and approving a certified statement by
the State highway department setting forth that the plans, design,
and construction for each such project are in accord with those stand-
ards and procedures which (A) were adopted by such State highway
department, (B) were applicable to projects in this category, and
(C) were approved by him.
(2) The Secretary shall not approve such standards and proce-
dures unless they are in accordance with the provisions of subsection
(b) of section 105, subsection (b) of section 106, and subsection (c)
of section 109, of this title.
(3) Paragraphs (1) and (2) of this subsection shall not be con-
strued to relieve the Secretary of his obligation to make a final inspec-
tion of each project after construction and to require an adequate
showing of the estimated cost of construction and the actual cost of
construction.".
AVAILABILITY
SEC. 117. (a) Subsection (b) of section 118 of title 23, United
States Code, is amended to read as follows:
(b) Sums apportioned to each Federal-aid system (other than the
Interstate System) shall continue available for expenditure in that
H. R. 8235-13
State for the appropriate Federal-aid system or part thereof (other
than the Interstate System) for a period of three years after the close
of the fiscal year for which such sums are authorized and any amounts
SO apportioned remaining unexpended at the end of such period shall
lapse. Sums apportioned to the Interstate System shall continue avail-
able for expenditure in that State for the Interstate System for a
period of two years after the close of the fiscal year for which such
sums are authorized. Any amount apportioned to the States for the
Interstate System under subsection (b) (5) (A) of section 104 of this
title remaining unexpended at the end of the period during which it
is available under this section shall lapse and shall immediately be
reapportioned among the other States in accordance with the provi-
sions of subsection (b) (5) (A) of section 104 of this title. Any amount
apportioned to the States for the Interstate System under subsection
(b) (5) (B) of section 104 of this title remaining unexpended at the
end of the period of its availability shall lapse. Sums apportioned to a
Federal-aid system for any fiscal year shall be deemed to be expended
if a sum equal to the total of the sums apportioned to the State for
such fiscal year and previous fiscal years is obligated. Any Federal-aid
highway funds released by the payment of the final voucher or by
the modification of the formal project agreement shall be credited to
the same class of funds, primary, secondary, urban, or interstate, pre-
viously apportioned to the State and be immediately available for
expenditure.".
(b) (1) The first sentence of section 203 of title 23, United States
Code, is amended by striking out "or a date not earlier than one year
preceding the beginning" and inserting in lieu thereof "or on Octo-
ber 1,".
(2) The second sentence of such section 203 is amended by striking
out "two years" and inserting in lieu thereof "three years".
(c) The funds authorized by section 104 of this Act and all funds
authorized by titles I and II of this Act for the transition quarter end-
ing September 30, 1976, shall, for the purposes of the application of
sections 118 and 203 of title 23, United States Code, remain available
for expenditure for the same period as funds authorized by this Act
for the fiscal year ending September 30, 1977.
PAYMENT TO STATES FOR CONSTRUCTION
SEC. 118. (a) Section 121 (d) of title 23, United States Code, is
amended to read as follows:
"(d) In making payments pursuant to this section, the Secretary
shall be bound by the limitations with respect to the permissible
amounts of such payments contained in sections 120 and 130 of this
title. Payments for construction engineering on any project financed
with Federal-aid highway funds shall not exceed 10 per centum of
the Federal share of the cost of construction of such project after
excluding from the cost of construction the costs of rights-of-way,
preliminary engineering, and construction engineering. However, this
limitation shall be 15 per centum in any State with respect to which
the Secretary finds such higher limitation to be necessary.".
EMERGENCY RELIEF
SEC. 119. (a) Section 125 (a) of title 23, United States Code, is
amended—
(1) by striking out "June 30, 1972," and inserting in lieu thereof
"June 30, 1972, and ending before June 1, 1976,";
H. R. 8235-14
(2) by striking out "June 30. 1973," and inserting in lieu thereof
"June 30, 1973, to carry out the provisions of this section, and
not more than $25,000,000 for the three-month period beginning
July 1, 1976, and ending September 30. 1976, is authorized to be
expended to carry out the provisions of this section, and not more
than $100,000,000 is authorized to be expended in any one fiscal
year commencing after September 30, 1976,"; and
(3) by adding before the last sentence the following new sen-
tence: "For the purposes of this section the period beginning July
1, 1976, and ending September 30, 1976, shall be deemed to be a
part of the fiscal year ending September 30, 1977."
(b) The second sentence of section 125(b) of such title is amended
by striking out the period and inserting in lieu thereof the following:
", except that if the President has declared such emergency to be a
major disaster for the purposes of the Disaster Relief Act of 1974
(Public Law 93-288) concurrence of the Secretary is not required.".
BUS WIDTHS
SEC. 120. Section 127 of title 23, United States Code is amended
by adding at the end thereof the following new sentence: "Notwith-
standing any limitation relating to vehicle widths contained in this
section, a State may permit any bus having a width of 102 inches or
less to operate on any lane of 12 feet or more in width on the Inter-
state System.".
FERRY OPERATIONS
SEC. 121. The first sentence of paragraph (5) of subsection (g) of
section 129 of title 23, United States Code, is amended by inserting
after "Hawaii" the following: "and the islands which comprise the
Commonwealth of Puerto Rico". The second sentence of such para-
graph (5) is amended by inserting after "Hawaii" the following "and
operations between the islands which comprise the Commonwealth
of Puerto Rico".
CONTROL OF OUTDOOR ADVERTISING
SEC. 122. (a) Subsection (f) of section 131 of title 23, United States
Code, is amended by inserting the following after the first sentence:
"The Secretary may also, in consultation with the States, provide
within the rights-of-way of the primary system for areas in which
signs, displays, and devices giving specific information in the interest
of the traveling public may be erected and maintained".
(b) Section 131 of title 23, United States Code, is amended by
adding at the end thereof the following new subsections:
"(o) The Secretary may approve the request of a State to permit
retention in specific areas defined by such State of directional signs,
displays, and devices lawfully erected under State law in force at the
time of their erection which do not conform to the requirements of
subsection (c), where such signs, displays, and devices are in existence
on the date of enactment of this subsection and where the State dem-
onstrates that such signs, displays, and devices (1) provide directional
information about goods and services in the interest of the traveling
public, and (2) are such that removal would work a substantial eco-
nomic hardship in such defined area.
"(p) In the case of any sign, display, or device required to be
removed under this section prior to the date of enactment of the Fed-
H. R. 8235-15
eral-Aid Highway Act of 1974, which sign, display, or device was
after its removal lawfully relocated and which as a result of the
amendments made to this section by such Act is required to be removed,
the United States shall pay 100 per centum of the just compensation
for such removal (including all relocation costs).
(q) (1) During the implementation of State laws enacted to comply
with this section, the Secretary shall encourage and assist the States
to develop sign controls and programs which will assure that necessary
directional information about facilities providing goods and services
in the interest of the traveling public will continue to be available to
motorists. To this end the Secretary shall restudy and revise as appro-
priate existing standards for directional signs authorized under
subsections 131 (c) (1) and 131(f) to develop signs which are func-
tional and esthetically compatible with their surroundings. He shall
employ the resources of other Federal departments and agencies,
including the National Endowment for the Arts, and employ maxi-
mum participation of private industry in the development of standards
and systems of signs developed for those purposes.
"(2) Among other things the Secretary shall encourage States to
adopt programs to assure that removal of signs providing necessary
directional information, which also were providing directional infor-
mation on June 1, 1972, about facilities in the interest of the traveling
public, be deferred until all other nonconforming signs are removed.".
(c) Section 131 (i) of title 23, United States Code, is amended to
read as follows:
" (i) In order to provide information in the specific interest of the
traveling public, the State highway departments are authorized to
maintain maps and to permit information directories and advertising
pamphlets to be made available at safety rest areas. Subject to the
approval of the Secretary, a State may also establish information
centers at safety rest areas and other travel information systems
within the rights-of-way for the purpose of informing the public of
places of interest within the State and providing such other informa-
tion as a State may consider desirable. The Federal share of the cost
of establishing such an information center or travel information sys-
tem shall be that which is provided in section 120 for a highway project
on that Federal-aid system to be served by such center or system."
TRAFFIC OPERATIONS IMPROVEMENT PROGRAMS
SEC. 123. (a) Section 135 of title 23, United States Code, is amended
to read as follows:
"§ 135. Traffic operations improvement programs.
"(a) The Congress hereby finds and declares it to be in the national
interest that each State shall have a continuing program designed to
reduce traffic congestion and facilitate the flow of traffic.
"(b) The Secretary may approve under this section any project for
improvements on any public road which project will directly facilitate
and control traffic flow on any of the Federal-aid systems.".
(b) The analysis of chapter 1 is amended by striking out
"135. Urban area traffic operations improvement programs."
and inserting in lieu thereof:
"135. Traffic operations improvement programs.".
H. R. 8235-16
PRESERVATION OF PARKLANDS
SEC. 124. Section 138 of title 23, United States Code, is amended
by adding a new sentence at the end thereof to read as follows: "In
carrying out the national policy declared in this section the Secretary,
in cooperation with the Secretary of the Interior and appropriate
State and local officials, is authorized to conduct studies as to the most
feasible Federal-aid routes for the movement of motor vehicular traffic
through or around national parks SO as to best serve the needs of the
traveling public while preserving the natural beauty of these areas.".
ADDITIONS TO INTERSTATE SYSTEM
SEC. 125. Section 139(b) of title 23, United States Code, is amended
by striking '(d)" the two places it appears and inserting in lieu thereof
"(e)".
EQUAL EMPLOYMENT OPPORTUNITY
SEC. 126. The second sentence of subsection (b) of section 140, title
23, United States Code, is amended to read as follows: "Whenever
apportionments are made under section 104 (b) of this title, the Secre-
tary shall deduct such sums as he may deem necessary, not to exceed
$2,500,000 for the transition quarter ending September 30, 1976, and
not to exceed $10,000,000 per fiscal year, for the administration of
this subsection.".
PUBLIC TRANSPORTATION
SEC. 127. (a) Section 142(a) (1) of title 23, United States Code, is
amended by adding at the end thereof the following new sentence:
"If fees are charged for the use of any parking facility constructed
under this section, the rate thereof shall not be in excess of that
required for maintenance and operation of the facility (including
compensation to any person for operating the facility)
(b) Section 142(e) (3) of title 23, United States Code, is amended
by striking out "section." and inserting in lieu thereof "title.".
SPECIAL URBAN HIGH DENSITY
SEC. 128. (a) Section 146 of title 23, United States Code, is repealed.
(b) The analysis of chapter 1 of title 23, United States Code, is
amended by striking out:
"146. Special urban high density traffic programs."
and inserting in lieu thereof
"146. Repealed.".
RURAL BUS DEMONSTRATION
SEC. 129. Section 147(a) of the Federal-Aid Highway Act of 1973,
as amended, is amended by adding after the first sentence a new sen-
tence as follows: "Such sums shall remain available for a period of two
years after the close of the fiscal year for which such sums are author-
ized.".
PRIORITY PRIMARY
SEC. 130. Section 147(b) of title 23, United States Code, is amended
to read as follows:
"(b) The Federal share of any project on a priority primary route
shall be that provided in section 120(a) of this title. All provisions of
this title applicable to the Federal-aid primary system shall be appli-
cable to the priority primary routes selected under this section.".
H. R. 8235-17
DEFINING STATE
SEC. 131. Section 152 and section 153 of title 23, United States Code,
are amended by adding at the end of each such section the following
new subsection:
"(f) For the purposes of this section the term 'State' shall have the
meaning given it in section 401 of this title.".
HIGHWAYS CROSSING FEDERAL PROJECTS
SEC. 132. (a) Chapter I of title 23, United States Code, is amended
by adding at the end thereof the following new section:
"§ 156. Highways crossing Federal projects
"(a) The Secretary is authorized to construct and to reconstruct
any public highway or highway bridge across any Federal public
works project, notwithstanding any other provision of law, where
there has been a substantial change in the requirements and costs of
such highway or bridge since the public works project was authorized,
and where such increased costs would work an undue hardship upon
any one State. No such highway or bridge shall be constructed or
reconstructed under authority of this section until the State shall agree
that upon completion of such construction or reconstruction it will
accept ownership to such highway or bridge and will thereafter operate
and maintain such highway or bridge.
(b) There is hereby authorized to be appropriated not to exceed
$100,000,000 to carry out this section. Amounts authorized by this sub-
section shall be available for the fiscal year in which appropriated
and for two succeeding fiscal years.".
(b) The analysis of chapter I of title 23 of the United States Code
is amended by adding at the end thereof the following:
"156. Highways crossing Federal projects.".
APPORTIONMENTS OR ALLOCATIONS
SEC. 133. Section 202(a) of title 23, United States Code, is amended
by striking "On or before January 1 next preceding the commence-
ment" and inserting in lieu thereof "On October 1".
BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS
SEC. 134. Section 217 (e) of title 23, United States Code, is amended
by striking out "$40,000,000" and inserting in lieu thereof
"$45,000,000", and by striking out "$2,000,000" and inserting in lieu
thereof "$2,500,000".
SAFER OFF-SYSTEM ROADS
SEC. 135. (a) Section 219 of title 23 of the United States Code, is
amended to read as follows:
"§ 219. Safer off-system roads.
(a) The Secretary is authorized to make grants to States for proj-
ects for the construction, reconstruction, and improvement of any off-
system road, including, but not limited to, the correction of safety
hazards, the replacement of bridges, the elimination of high-hazard
locations and roadside obstacles.
H. R. 8235-18
"(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;
"(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 mile-
age of all the States. Off-system road mileage as used in
this subsection shall be determined as of the end of the calen-
dar year preceding the year in which the funds are appor-
tioned 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.
"(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 sys-
tem except the formula for apportionment, the requirement that these
roads be on the Federal-aid system, and those other provisions deter-
mined by the Secretary to be inconsistent with this section. The Secre-
tary 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.".
(b) The analysis of chapter 1 of title 23 of the United States Code is
amended by striking out
"219. Off-system roads."
and inserting in lieu thereof the following:
"219. Safer off-system roads.".
(c) Section 405 of title 23 of the United States Code is hereby
repealed.
(d) The analysis of chapter 4 of title 23 of the United States Code is
amended by striking out
"405. Federal-aid safer roads demonstration program."
and inserting in lieu thereof the following:
"405. Repealed."
LANDSCAPING AND SCENIC ENHANCEMENT
SEC. 136. (a) Section 319 of title 23, United States Code, is amended
to read as follows:
H. R. 8235-19
"§ 319. Landscaping and scenic enhancement.
"The Secretary may approve as a part of the construction of Federal-
aid highways the costs of landscape and roadside development, includ-
ing acquisition and development of publicly owned and controlled rest
and recreation areas and sanitary and other facilities reasonably neces-
sary to accommodate the traveling public, and for acquisition of
interests in and improvement of strips of land necessary for the res-
toration, preservation, and enhancement of scenic beauty adjacent to
such highways.".
(b) All sums authorized to be appropriated to carry out section
319(b) of title 23, United States Code, as in effect immediately before
the date of enactment of this section shall continue to be available for
appropriation, obligation, and expenditure in accordance with such
section (b), notwithstanding the amendment made by the subsec-
tion (a) of this section.
BRIDGES ON FEDERAL DAMS
SEC. 137. (a) Section 320(d) of title 23, United States Code, is
amended by striking out "$27,761,000" and inserting in lieu thereof
"$50,000,000".
(b) Sums appropriated or expended under authority of the increased
authorization established by the amendment made by subsection (a)
of this section shall be appropriated out of the Highway Trust Fund
for the fiscal year ending September 30, 1977, and for subsequent
fiscal years.
OVERSEAS HIGHWAY
SEC. 138. Subsection (b) of section 118 of the Federal-Aid High-
way Amendments of 1974 (Public Law 93-643) is amended—
(1) by striking out "1975, and" and inserting in lieu thereof
"1975,"; and
(2) by striking out "can be obligated." and inserting in lieu
thereof "$8,750,000 for the three-month period ending Septem-
ber 30, 1976, $35,000,000 for the fiscal year ending September 30,
1977, and $35,000,000 for the fiscal year ending September 30,
1978, can be obligated.".
TECHNICAL AMENDMENTS
SEC. 139. (a) The analysis of chapter I of title 23, United States
Code, is amended by striking out
"111. Use of and access to rights-of-way-Interstate System."
and inserting in lieu thereof the following:
"111. Agreements relating to use of and access to rights-of-way-Interstate
System.".
(b) The analysis of chapter I of title 23, United States Code, is
amended by striking out
"119. Administration of Federal-aid for highways in Alaska."
and inserting in lieu thereof the following:
"119. Repealed.".
(c) The analysis of chapter I of title 23, United States Code, is
amended by striking out
H. R. 8235-20
"133. Relocation assistance."
and inserting in lieu thereof the following:
"133. Repealed.".
DEMONSTRATION PROJECTS-RAILROAD HIGHWAY CROSSINGS
SEC. 140. (a) Section 163 of the Federal-Aid Highway Act of 1973
(Public Law 93-87) is amended by inserting immediately after sub-
section (h) the following new subsections:
"(i) The Secretary of Transportation shall carry out a demonstra-
tion project in Metairie, Jefferson Parish, Louisiana, for the relocation
or grade separation of rail lines whichever he deems most feasible in
order to eliminate certain grade level railroad highway crossings.
"(j) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out a demonstration project in
Augusta, Georgia, for the relocation of railroad lines and for the pur-
pose of eliminating highway railroad grade crossings.
"(k) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out a demonstration project in Pine
Bluff, Arkansas, for the relocation of railroad lines for the purpose of
eliminating highway railroad grade crossings.
(1) The Secretary of Transportation shall carry out a demonstra-
tion project in Sherman, Texas, for the relocation of rail lines in order
to eliminate the ground level railroad crossing at the crossing of the
Southern Pacific and Frisco Railroads with Grand Avenue-Roberts
Road.".
(b) Existing subsections (i), (j), (k), and (1) of section 163 of
the Federal-Aid Highway Act of 1973 are relettered as (m), (n), (o),
and (p), respectively, including any references to such subsections.
(c) Subsection (m) (as relettered by subsection (b) of this sec-
tion) of section 163 of the Federal-Aid Highway Act of 1973 is
amended by striking out the period at the end thereof and inserting
in lieu thereof a comma and the following: "except that in the case
of projects authorized by subsections (i), (j), (k), and (1), the Fed-
eral share payable on account of such projects shall not exceed 70 per
centum and the remaining costs of such projects shall be paid by the
State or local governments.".
(d) Subsection (o) (as relettered by subsection (b) of this section)
of section 163 of the Federal-Aid Highway Act of 1973 is amended
by striking out "1976, except that" and inserting in lieu thereof the
following: "1976, $6,250,000, for the period beginning July 1, 1976,
and ending September 30, 1976, $26,400,000 for the fiscal year ending
September 30, 1977, and $51,400,000 for the fiscal year ending Sep-
tember 30, 1978, except that not more than".
(e) Paragraph (2) of subsection (a) of section 163 of the Federal-
Aid Highway Act of 1973 is amended by striking out "an engineering
and feasibility study for".
(f) Section 302 of the National Mass Transportation Assistance
Act of 1974 (Public Law 93-503) is amended by striking out
"$14,000,000, except that" and inserting in lieu thereof "$14,000,000,
except that not more than".
ACCELERATION OF PROJECTS
SEC. 141. The Secretary of Transportation shall carry out a project
to demonstrate the feasibility of reducing the time required from the
H. R. 8235-21
time of request for project approval through the completion of con-
struction of highway projects in areas that, as a result of recent or
imminent change, including but not limited to change in population
or traffic flow resulting from the construction of Federal projects,
show a need to construct such projects to relieve such areas from the
impact of such change. There is authorized to be appropriated out
of the Highway Trust Fund to carry out such project not to exceed
$25,000,000.
MULTIMODAL CONCEPT
SEC. 142. Section 143 of the Federal-Aid Highway Act of 1973 is
amended by inserting "(a)" immediately following "SEC. 143." and
by adding the following new subsection at the end thereof:
(b) The Secretary of Transportation is authorized and directed to
study the feasibility of developing a multimodal concept along the
route described in paragraph (1) of subsection (a) of this section,
which study shall include an analysis of the environmental impact of
such multimodal concept. The Secretary shall report to Congress the
results of such a study not later than July 1, 1977.".
CARPOOL DEMONSTRATION PROJECTS
SEC. 143. Section 3 of the Emergency Highway Energy Conserva-
tion Act, as amended (87 Stat. 1047, 88 Stat. 2289), is amended as
follows:
(1) Subsection (a) is amended by adding at the end thereof the
following: "For the purposes of this section, the term 'carpool'
includes a vanpool.".
(2) Subsection (c) is amended by inserting after "such measures as"
the words "providing carpooling opportunities to the elderly and the
handicapped," and by inserting after "opportunities," the words
"acquiring vehicles appropriate for carpool use,".
(3) Subsection (d) is amended by striking out (3) and (6)" from
the first sentence, and inserting in lieu thereof (1) and (6)" and by
striking out the second sentence.
USE OF TOLL RECEIPTS FOR HIGHWAY AND RAIL CROSSINGS
SEC. 144. Section 2 of the Act entitled "An Act granting the
consent of Congress to the State of California to construct, maintain,
and operate a bridge across the Bay of San Francisco from the Rin-
con Hill district in San Francisco by way of Goat Island to Oakland",
approved February 20, 1931, is amended as follows:
(1) Subsection (a) is amended by striking out "heretofore
enacted." and inserting in lieu thereof a period.
(2) The first sentence in subsection (b) is amended by striking
out "of not to exceed two additional highway crossings and one
rail transit crossing across the Bay of San Francisco and their
approaches." and inserting in lieu thereof "(1) not to exceed two
additional highway crossings and one rail transit crossing across
the Bay of San Francisco and their approaches, and (2) any pub-
lic transportation system in the vicinity of any toll bridge in the
San Francisco Bay Area. Such tolls may also be used to pay the
cost of constructing new approaches to the Richmond-San Rafael
Bridge in the San Francisco Bay Area.".
(3) The existing third sentence in subsection (b) which begins
"After" is repealed.
H. R. 8235-22
EXTENSION OF REPAYMENT
SEC. 145. The first sentence of section 2 of Public Law 94-30 is
amended by striking out "before January 1, 1977." and inserting in
lieu thereof "January 1, 1979, at a rate of 20 per centum by January 1,
1977, 30 per centum by January 1, 1978, and 50 per centum by Janu-
ary 1, 1979. If a State fails to make any repayment in accordance with
the preceding sentence, the entire unpaid balance shall immediately
become due and payable.".
TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION PROJECTS
SEC. 146. (a) The Secretary of Transportation is authorized to
carry out traffc control signalization demonstration projects designed
to demonstrate through the use of technology not now in general use
the increased capacity of existing highways, the conservation of fuel,
the decrease in traffic congestion, the improvement in air and noise
quality, and the furtherance of highway safety, giving priority to
those projects providing coordinated signalization of two or more
intersections. Such projects can be carried out on any highway whether
on or off a Federal-aid system.
(b) There is authorized to be appropriated to carry out this section
of the Highway Trust Fund, not to exceed $40,000,000 for the fiscal
year ending September 30, 1977, and $40,000,000 for the fiscal year
ending September 30, 1978.
(c) Each participating State shall report to the Secretary of Trans-
portation not later than September 30, 1977, and not later than Sep-
tember 30 of each year thereafter, on the progress being made in
implementing this section and the effectiveness of the improvements
made under it. Each report shall include an analysis and evaluation
of the benefits resulting from such projects comparing an adequate
time period before and after treatment in order to properly assess the
benefits occurring from such traffic control signalization. The Secre-
tary of Transportation shall submit a report to the Congress not later
than January 1, 1978, on the progress being made in implementing this
section and an evaluation of the benefits resulting therefrom.
ACCESS RAMPS TO PUBLIC BOAT LAUNCHING AREAS
SEC. 147. Funds apportioned to States under subsections (b) (1),
(b) (2), and (b) (6) of section 104 of title 23, United States Code, may
be used upon the application of the State and the approval of the Sec-
retary of Transportation for construction of access ramps from
bridges under construction or which are being reconstructed, replaced,
repaired, or otherwise altered on the Federal-aid primary, secondary,
or urban system to public boat launching areas adjacent to such
bridges. Approval of the Secretary shall be in accordance with guide-
lines developed jointly by the Secretary of Transportation and the
Secretary of the Interior.
DEMONSTRATION PROJECT
SEC. 148. The Secretary of Transportation, acting pursuant to his
authority under section 6 of the Urban Mass Transportation Act of
1964, shall conduct a demonstration project in urban mass transporta-
tion for design, improvement, modification, and urban deployment of
the Automated Guideway Transit system now in operation at the
H. R. 8235-23
Dallas/Fort Worth Regional Airport. There is authorized to be
appropriated to carry out this section $7,000,000 for the fiscal year
ending September 30, 1977.
URBAN SYSTEM STUDY
Sec. 149. The Secretary of Transportation is authorized and
directed to conduct a study of the various factors involved in the plan-
ning, selection, programing, and implementation of Federal-aid urban
system routes which shall include but not be limited to the following:
(1) An analysis of the various types of organizations now in
being which carry out the planning process required by section
134 of title 23, United States Code. Such analysis shall include
but not be limited to the degree of representation of various gov-
ernmental units within the urbanized area, the organizational
structure, size and calibre of staff, authority provided to the orga-
nization under State and local law, and relation to State govern-
mental entities.
(2) The status of jurisdiction over roads on the Federal-aid
urban system (State, county, city, or other local body having
control).
(3) Programing responsibilities under local and State laws
with respect to the Federal-aid urban system.
(4) The authority for and capability of local units of govern-
ment to carry out the necessary steps to process a highway project
through and including the plan, specification, and estimate
requirement of section 106 of title 23, United States Code, and
final construction.
Such study shall be carried out in cooperation with State, county, city,
and other local organizations which the Secretary deems appropriate.
The study shall be submitted to the Congress within six months of
enactment of this section.
INTERSTATE FUNDING STUDY
SEC. 150. (a) The Secretary of Transportation is hereby directed to
undertake a complete study of the financing of completion of the Inter-
state Highway System. Such study should identify and analyze
optional financing methods including State bonding authority under
which the Secretary contracts to reimburse the States for up to 90
per centum of the principal and interest on such bonds. The Secretary
shall report to the Congress not later than nine months after the date
of enactment of this Act the results of the study.
(b) Within one year of the date of enactment of this Act, the Secre-
tary shall submit to the Congress his recommendations regarding the
need to provide Federal financial assistance for resurfacing, restora-
tion, and rehabilitation of routes on the Interstate System. In arriv-
ing at his recommendations, he shall conduct a full and complete study
in cooperation and in consultation with the States of alternative means
of assuring that the high level of transportation service provided by
the Interstate System is maintained. The results of the study shall
accompany the Secretary's recommendations. The study shall include
an estimate of the cost of implementing any recommended programs
as well as an analysis of alternative methods of apportioning such
Federal assistance among the States.
H. R. 8235-24
ALASKAN ROADS STUDY
SEC. 151. (a) The Secretary of Transportation is authorized to
undertake an investigation and study to determine the cost of, and
the responsibility for, repairing the damage to Alaska highways that
has been or will be caused by heavy truck traffic during construction
of the trans-Alaska pipeline and to restore them to proper standards
when construction is complete. The Secretary of Transportation shall
report his initial findings to the Congress on or before September 30,
1976, and his final conclusions on rebuilding costs no later than three
months after completion of pipeline construction.
(b) There is hereby authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, to be available
until expended, the sum of $200,000 for the purpose of making the
study authorized by subsection (a) of this section.
GLENWOOD CANYON HIGHWAY CONSTRUCTION
SEC. 152. Notwithstanding section 109(b) of title 23 of the United
States Code, the Secretary of Transportation is authorized, upon
application of the Governor of the State, to approve construction of
that section or portions thereof of Interstate Route 70 from a point
three miles east of Dotsero, Colorado, westerly to No-Name Inter-
change, approximately 2.3 miles east of Glenwood Springs, Colorado,
approximately 17.5 miles in length, to provide for variations from
the number of lanes and other requirements of said section 109(b) in
accordance with geometric and construction standards whether or
not in conformance with said section 109(b) which the Secretary
determines are necessary for the safety of the traveling public, for
the protection of the environment, and for preservation of the scenic
and historic values of the Glenwood Canyon. The Secretary shall not
approve any project for construction under this section unless he
shall first have determined that such variations will not result in crea-
tion of safety hazards and that there is no reasonable alternative to
such project.
STUDY OF HIGHWAY NEEDS TO SOLVE ENERGY PROBLEMS
SEC. 153. (a) The Secretary of Transportation shall make an inves-
tigation and study for the purpose of determining the need for
special Federal assistance in the construction or reconstruction of
highways on the Federal-aid system necessary for the transportation
of coal or other uses in order to promote the solution of the Nation's
energy problems. Such study shall include appropriate consultations
with the Secretary of the Interior, the Administrator of the Federal
Energy Administration, and other appropriate Federal and State
officials.
(b) The Secretary shall report the results of such investigation and
study together with his recommendations, to the Congress not later
than one year after the date of enactment of this Act.
(c) In order to carry out the study, the Secretary is authorized to
use such funds as are available to him for such purposes under section
104(a) of title 23, United States Code.
ESTABLISHMENT OF COMMISSION
SEC. 154. (a) (1) There is hereby established a Commission to be
known as the National Transportation Policy Study Commission,
hereinafter referred to as the "Commission".
H. R. 8235-25
(2) The Commission shall make a full and complete investigation
and study of the transportation needs and of the resources, require-
ments, and policies of the United States to meet such expected needs.
It shall take into consideration all reports on National Transportation
Policy which have been submitted to the Congress including but not
limited to the National Transportation Reports of 1972 and 1974. It
shall evaluate the relative merits of all modes of transportation in
meeting our transportation needs. Based on such study, it shall rec-
ommend those policies which are most likely to insure that adequate
transportation systems are in place which will meet the needs for safe
and efficient movement of goods and people.
(b) Such Commission shall be comprised of 19 members as follows:
(A) Six members appointed by the President of the Senate
from the membership of the Committee on Public Works, Com-
mittee on Commerce, and Committee on Banking, Housing and
Urban Affairs of the United States Senate;
(B) five members appointed by the Speaker of the House of
Representatives from the membership of the Committee on Public
Works and Transportation and one member appointed by the
Speaker from the membership of the Committee on Interstate and
Foreign Commerce; and
(C) seven members of the public appointed by the President.
(c) The Commission shall not later than December 31, 1978 sub-
mit to the President and the Congress its final report including its
findings and recommendations. The Commission shall cease to exist
six months after submission of such report. All records and papers of
the Commission shall thereupon be delivered to the Administrator of
General Services for deposit in the Archives of the United States.
(d) Such report shall include the Commission's findings and recom-
mendations with respect to—
(A) the Nation's transportation needs, both national and
regional, through the year 2000;
(B) the ability of our current transportation systems to meet
the projected needs;
(C) the proper mix of highway, rail, waterway, pipeline, and
air transportation systems to meet anticipated needs;
(D) the energy requirements and availability of energy to meet
anticipated needs;
(E) the existing policies and programs of the Federal govern-
ment which affect the development of our national transportation
systems; and
(F) the new policies required to develop balanced national
transportation systems which meet projected need.
(e) (1) The Chairman of the Commission, who shall be elected by
the Commission from among its members, shall request the head of
each Federal department or agency which has an interest in or a
responsibility with respect to a national transportation policy to
appoint, and the head of such department or agency shall appoint, a
liaison officer who shall work closely with the Commission and its staff
in matters pertaining to this section. Such departments and agencies
shall include, but not be limited to, the Department of Transportation,
the Federal Highway Administration, the Federal Railroad Admin-
istration, the Urban Mass Transportation Administration, the Fed-
eral Aviation Administration, the Interstate Commerce Commission,
the Civil Aeronautics Board, and the U.S. Army Corps of Engineers.
(2) In carrying out its duties the Commission shall seek the advice
of various groups interested in national transportation policy includ-
H. R. 8235-26
ing, but not limited to, State and local governments, public and private
organizations working in the fields of transportation and safety,
industry, education, and labor.
(f) (1) The Commission or, on authorization of the Commission,
any Committee of two or more members may, for the purpose of
carrying out the provisions of this section, hold such hearings and sit
and act at such times and places as the Commission or such authorized
committee may deem advisable.
(2) The Commission is authorized to secure from any department,
agency, or individual instrumentality of the executive branch of the
Government any information it deems necessary to carry out its func-
tions under this section and each department, agency, and instrumen-
tality is authorized and directed to furnish such information to the
Commission upon request made by the Chairman.
(g) (1) Members of Congress who are members of the Commission
shall serve without compensation in addition to that received for their
services as Members of Congress; but they shall be reimbursed for
travel, per diem in accordance with the Rules of the House of Repre-
sentatives or subsistence, and other necessary expenses incurred by
them in the performance of the duties vested in the Commission.
(2) Members of the Commission, except Members of Congress shall
each receive compensation at a rate not in excess of the maximum
rate of pay for GS-18, as provided in the General Schedule under sec-
tion 5332 of title 5, United States Code, and shall be entitled to reim-
bursement for travel expenses, per diem in accordance with the Rules
of the House of Representatives or subsistence and other necessary
expenses incurred by them in performance of duties while serving as
a Commission member.
(h) (1) The Commission is authorized to appoint and fix the com-
pensation of a staff director, and such additional personnel as may be
necessary to enable it to carry out its functions. The Director and
personnel may be appointed without regard to the provisions of title
5, United States Code, covering appointments in the competitive serv-
ice, and may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification and
General Schedule pay rates. Any Federal employees subject to the civil
service laws and regulations who may be employed by the Commis-
sion shall retain civil service status without interruption or loss of
status or privilege. In no event shall any employee other than the
staff director receive as compensation an amount in excess of the maxi-
mum rate for GS-18 of the General Schedule under section 5332 of
title 5, United States Code. In addition, the Commission is author-
ized to obtain the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates not to
exceed the maximum rate of pay for grade GS-18, as provided in the
General Schedule under section 5332 of title 5, United States Code.
(2) The staff director shall be compensated at a Level 2 of the
Executive Schedule in subchapter II of chapter 53 of title 5, United
States Code.
(i) The Commission is authorized to enter into contracts or agree-
ments for studies and surveys with public and private organizations
and, if necessary, to transfer funds to Federal agencies from sums
appropriated pursuant to this section to carry out such of its duties
as the Commission determines can best be carried out in that manner.
(j) Any vacancy which may occur on the Commission shall not
affect its powers or functions but shall be filled in the same manner in
which the original appointment was made.
H. R. 8235-27
(k) There are hereby authorized to be appropriated not to exceed
$15,000,000 to carry out this section. Funds appropriated under this
section shall be available to the Commission until expended.
LIMITATIONS
SEC. 155. To the extent that any section of this Act provides new
or increased authority to enter into contracts under which outlays will
be made from funds other than the Highway Trust Fund, such new
or increased authority shall be effective for any fiscal year only in such
amounts as are provided in appropriations Acts.
TITLE II
SHORT TITLE
SEC. 201. This title may be cited as the "Highway Safety Act of
1976".
HIGHWAY SAFETY
SEC. 202. The following sums are hereby authorized to be
appropriated:
(1) For carrying out section 402 of title 23, United States Code
(relating to highway safety programs), by the National Highway
Traffic Safety Administration, out of the Highway Trust Fund,
$122,000,000 for the fiscal year ending September 30, 1977, and
$137,000,000 for the fiscal year ending September 30, 1978.
(2) For carrying out section 403 of title 23, United States Code
(relating to highway safety research and development), by the
National Highway Traffic Safety Administration, out of the Highway
Trust Fund, $10,000,000 for the three-month period ending Septem-
ber 30, 1976, $40,000,000 for the fiscal year ending September 30, 1977,
and $50,000,000 for the fiscal year ending September 30, 1978.
(3) For carrying out section 402 of title 23, United States Code
(relating to highway safety programs), by the Federal Highway
Administration, out of the Highway Trust Fund, $25,000,000 for the
fiscal year ending September 30, 1977, and $25,000,000 for the fiscal
year ending September 30, 1978.
(4) For carrying out sections 307(a) and 403 of title 23, United
States Code (relating to highway safety research and development),
by the Federal Highway Administration, out of the Highway Trust
Fund, $2,500,000 for the three-month period ending September 30,
1976, $10,000,000 for the fiscal year ending September 30, 1977, and
$10,000,000 for the fiscal year ending September 30, 1978.
(5) For bridge reconstruction and replacement under section 144
of title 23, United States Code, out of the Highway Trust Fund,
$180,000,000 for the fiscal year ending September 30, 1977, and
$180,000,000 for the fiscal year ending September 30, 1978.
(6) For carrying out section 151 of title 23, United States Code
(relating to pavement marking), out of the Highway Trust Fund,
$50,000,000 for the fiscal year ending September 30, 1977, and
$50,000,000 for the fiscal year ending September 30, 1978.
(7) For projects for high-hazard locations under section 152 of title
23, United States Code, and for the elimination of roadside obstacles
under section 153 of title 23, United States Code, out of the Highway
Trust Fund, $125,000,000 for the fiscal year ending September 30, 1977,
and $125,000,000 for the fiscal year ending September 30, 1978.
H. R. 8235-28
(8) For carrying out subsection (j) (2) of section 402 of title 23,
United States Code (relating to incentives for the reduction of the
rate of traffic fatalities), out of the Highway Trust Fund, $1,875,000
for the three-month period ending September 30, 1976, $7,500,000 for
the fiscal year ending September 30, 1977, and $7,500,000 for the fiscal
year ending September 30, 1978.
(9) For carrying out subsection (j) (3) of section 402 of title 23,
United States Code (relating for incentives for reduction of actual
traffic fatalities), out of the Highway Trust Fund, $1,875,000 for the
three-month period ending September 30, 1976, $7,500,000 for the
fiscal year ending September 30, 1977, and $7,500,000 for the fiscal
year ending September 30, 1978.
RAIL-HIGHWAY CROSSINGS
SEC. 203. (a) Subsections (b) and (c) of section 203 of the Highway
Safety Act of 1973 (Public Law 93-87) are hereby amended to read
as follows:
(b) (1) In addition to funds which may be otherwise available to
carry out section 130 of title 23, United States Code, there is author-
ized to be appropriated out of the Highway Trust Fund for projects
for the elimination of hazards of railway-highway crossings,
$25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the
fiscal year ending June 30, 1975, $75,000,000 for the fiscal year ending
June 30, 1976, $125,000,000 for the fiscal year ending September 30,
1977, and $125,000,000 for the fiscal year ending September 30, 1978.
At least half of the funds authorized and expended under this section
shall be available for the installation of protective devices at railway-
highway crossings. Sums authorized to be appropriated by this sub-
section shall be available for obligation in the same manner as funds
apportioned under chapter 1 of title 23, United States Code.
(2) Funds authorized by this subsection shall be available solely
for expenditure for projects on any Federal-aid system (other than
the Interstate System).
"(c) There is authorized to be appropriated for projects for the
elimination of hazards of railway-highway crossings on roads other
than those on any Federal-aid system $18,750,000 for the three-month
period ending September 30, 1976, $75,000,000 for the fiscal year ending
September 30, 1977, and $75,000,000 for the fiscal year ending Septem-
ber 30, 1978. Sums apportioned under this section for projects under
this subsection shall be subject to all of the provisions of chapter 1 of
title 23, United States Code, applicable to highways on the Federal-
aid system, except the formula for apportionment, the requirement
that these roads be on the Federal-aid system, and those other provi-
sions determined by the Secretary to be inconsistent with this section.".
(b) Subsection (d) of section 203 of the Highway Safety Act of 1973
is amended by adding immediately before the first sentence thereof
the following new sentence: "50 per centum of the funds made avail-
able in accordance with subsection (b) shall be apportioned to the
States in the same manner as sums authorized to be appropriated under
subsection (a) (1) of section 104 of the Federal-aid Highway Act of
1973 and 50 per centum of the funds made available in accordance with
subsection (b) shall be apportioned to the States in the same manner as
sums authorized to be appropriated under subsection (a) (2) of section
104 of the Federal-aid Highway Act of 1973.".
H. R. 8235-29
INCENTIVE SAFETY GRANTS
SEC. 204. Subsection (j) (3) of section 402 of title 23, United States
Code, is hereby amended to read as follows:
(3) In addition to other grants authorized by this section, the Sec-
retary may make additional incentive grants to those States which
have significantly reduced the actual number of traffic fatalities dur-
ing the calendar year immediately preceding the fiscal year for which
such incentive funds are authorized compared to the average of the
actual number of traffic fatalities for the four calendar year period
preceding such calendar year. Such incentive grants shall be made in
accordance with criteria which the Secretary shall establish and pub-
lish. Such grants may only be used by recipient States to further the
purposes of this chapter. Such grants shall be in addition to other
funds authorized by this section.
(4) No State shall receive from funds authorized for any fiscal year
or period by this subsection incentive grants under paragraph (1)
of this subsection which exceed an amount equal to 25 per centum of
the amount apportioned to such State under this section for such fiscal
year or period. No State shall receive from funds authorized for any
fiscal year or period by this subsection incentive awards under para-
graph (2) of this subsection which exceed an amount equal to 25 per
centum of the amount apportioned to such State under this section
for such fiscal year or period. No State shall receive from funds author-
ized for any fiscal year or period by this subsection incentive awards
under paragraph (3) of this subsection which exceed an amount equal
to 25 per centum of the amount apportioned to such State under this
section for such fiscal year or period.
'(5) Notwithstanding subsection (c) of this section, no part of the
sums authorized by this subsection shall be apportioned as provided
in such subsection. Sums authorized by this subsection shall be avail-
able for obligation in the same manner and to the same extent as if
such funds were apportioned under subsection (c) of this section.".
SCHOOL BUS DRIVER TRAINING
SEC. 205. The second subsection (b) of section 406 of title 23, United
States Code (relating to authorizations), is relettered as subsection
(c), including all references thereto, and the second sentence of such
relettered subsection (c) is amended to read as follows: "Not less than
$7,000,000 of the sums authorized to carry out section 402 of this title
for each of the fiscal years 1977 and 1978 shall be obligated to carry
out this section. All sums authorized to carry out this section shall
be apportioned among the States in accordance with the formula
established under subsection (c) of section 402 of this title, and shall
be available for obligation in the same manner and to the same extent
as if such funds were apportioned under such subsection (c).".
TRANSFERABILITY
SEC. 206. (a) The first sentence of subsection (g) of section 104 of
title 23, United States Code, is amended by striking out "30 per
centum" and inserting in lieu thereof "40 per centum".
(b) The second sentence of such subsection (g) is amended to read
as follows: "The Secretary may approve the transfer of 100 per
centum of the apportionment under one such section to the apportion-
ment under any other of such sections if such transfer is requested
by the State highway department, and is approved by the Secretary
H. R. 8235-30
as being in the public interest, if he has received satisfactory assur-
ances from such State highway department that the purposes of
the program from which such funds are to be transferred have been
met.".
(c) Subsection (g) of section 104 of title 23, United States Code, is
further amended by adding at the end thereof the following new sen-
tences: "All or any part of the funds apportioned in any fiscal year to
a State in accordance with section 203 (d) of the Highway Safety Act
of 1973 from funds authorized in section 203 (c) of such Act, may be
transferred from that apportionment to the apportionment made under
section 219 of this title if such transfer is requested by the State high-
way department and is approved by the Secretary after he has received
satisfactory assurances from such department that the purposes of
such section 203 have been met. Nothing in this subsection authorizes
the transfer of any amount apportioned from the Highway Trust
Fund to any apportionment the funds for which were not from the
Highway Trust Fund, and nothing in this subsection authorizes the
transfer of any amount apportioned from funds not from the High-
way Trust Fund to any apportionment the funds for which were from
the Highway Trust Fund.".
PAVEMENT MARKING PROGRAM
SEC. 207. (a) Subsection (c) of section 151 of title 23, United States
Code, is amended by striking out "and which are" and all that follows
down through and including "Federal-aid system".
(b) Subsection (g) of such section 151 is amended by adding at
the end thereof the following: "No State shall submit any such
report to the Secretary for any year after the second year following
completion of the pavement marking program in that State, and the
Secretary shall not submit any such report to Congress after the
first year following the completion of the pavement marking program
in all States.".
HIGHWAY SAFETY PROGRAMS
SEC. 208. (a) The last three sentences of subsection (c) of section
402 of title 23, United States Code, are amended to read as follows:
"For the purpose of the seventh sentence of this subsection, a highway
safety program approved by the Secretary shall not include any
requirement that a State implement such a program by adopting or
enforcing any law, rule, or regulation based on a standard promul-
gated by the Secretary under this section requiring any motorcycle
operator eighteen years of age or older or passenger eighteen years of
age or older to wear a safety helmet when operating or riding a motor-
cycle on the streets and highways of that State. Implementation of a
highway safety program under this section shall not be construed to
require the Secretary to require compliance with every uniform stand-
ard, or with every element of every uniform standard, in every State.".
(b) The Secretary of Transportation shall, in cooperation with the
States, conduct an evaluation of the adequacy and appropriateness of
all uniform safety standards established under section 402 of title 23
of the United States Code which are in effect on the date of enactment
of this Act. The Secretary shall report his findings, together with his
recommendations, including but not limited to, the need for revision
or consolidation of existing standards and the establishment of new
H. R. 8235-31
standards, to Congress on or before July 1, 1977. Until such report is
submitted, the Secretary shall not, pursuant to subsection (c) of sec-
tion 402 of title 23, United States Code, withhold any apportionment
or any funds apportioned to any State because such State is failing to
implement a highway safety program approved by the Secretary in
accordance with such section 402.
NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE
SEC. 209. Section 404 (1) of title 23, United States Code, is
amended by deleting "who shall be Chairman," from the first sen-
tence thereof, and by adding immediately after such first sentence the
following: "The Secretary shall select the Chairman of the Committee
from among the Committee members.".
STEERING AXLE STUDY
SEC. 210. The Secretary of Transportation is directed to conduct
an investigation into the relationship between the gross load on front
steering axles of truck tractors and the safety of operation of vehicle
combinations of which such truck tractors are a part. Such investiga-
tion shall be conducted in cooperation with representatives of (A)
manufacturers of truck tractors and related equipment, (B) labor,
and (C) users of such equipment. The Secretary shall report the results
of such study to the Congress not later than July 1, 1977.
SAFETY PROGRAM APPORTIONMENT
SEC. 211. The sixth sentence of section 402(c) of title 23, United
States Code, is amended by deleting the period at the end and adding
the following: ", except that the apportionments to the Virgin Islands,
Guam, and American Samoa shall not be less than one-third of 1 per
centum of the total apportionment.".
PENALTY
SEC. 212. Section 402 (c) of title 23, United States Code, is amended
by adding at the end thereof the following: "Funds apportioned under
this section to any State, that does not have a highway safety program
approved by the Secretary or that is not implementing an approved
program, shall be reduced by amounts equal to not less than 50 per
centum of the amounts that would otherwise be apportioned to the
State under this section, until such time as the Secretary approves such
program or determines that the State is implementing an approved
program, as appropriate. The Secretary shall consider the gravity of
the State's failure to have or implement an approved program in
determining the amount of the reduction. The Secretary shall promptly
apportion to the State the funds withheld from its apportionment if
he approves the State's highway safety program or determines that
the State has begun implementing an approved program, as appropri-
ate, prior to the end of the fiscal year for which the funds were
withheld. If the Secretary determines that the State did not correct its
failure within such period, the Secretary shall reapportion the with-
held funds to the other States in accordance with the formula specified
in this subsection not later than 30 days after such determination.".
CORRECTED
SMIET
H. R. 8235-32
LIMITATIONS
SEC. 213. To the extent that any section of this title provides new
or increased authority to enter into contracts under which outlays will
be made from funds other than the Highway Trust Fund, such new
or increased authority shall be effective for any fiscal year only in
such amounts as are provided in appropriations Acts.
TITLE IHI-EXTENSION OF HIGHWAY TRUST FUND
AND CERTAIN RELATED PROVISIONS
SEC. 301. HIGHWAY TRUST FUND.
(a) Subsections (c) and (f) of section 209 of the Highway Revenue
Act of 1956 (relating to the Highway Trust Fund; 23 U.S.C. 120 note)
are amended-
(1) by striking out "1977" each place it appears and inserting
in lieu thereof "1979"; and
(2) by striking out "1978" each place it appears and inserting
in lieu thereof "1980".
(b) Subsection (e) (1) of section 209 of such Act is amended by
striking out "June 30, 1978" and inserting in lieu thereof "Septem-
ber 30, 1980".
SEC. 302. TRANSFER FROM LAND AND WATER CONSERVATION FUND.
Subsection (b) of section 201 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601-11) is amended-
(1) by striking out "1977" and inserting in lieu thereof "1979";
and
(2) by striking out "1978" each place it appears and inserting
in lieu thereof "1980".
SEC. 303. POSTPONEMENT OF CERTAIN EXCISE TAX REDUCTIONS.
(a) The following provisions of the Internal Revenue Code of 1954
are amended by striking out "1977" each place it appears and inserting
in lieu thereof "1979":
(1) Section 4041 (c) (3) (relating to rate of tax on fuel for non-
commercial aviation).
(2) Section 4041 (e) (relating to rate reduction).
(3) Section 4061 (a) (1) (relating to imposition of tax on
trucks, buses, etc.).
(4) Section 4061 (b) (1) (relating to imposition of tax on parts
and accessories)
(5) Section 4071 (d) (relating to imposition of tax on tires
and tubes).
(6) Section 4081 (b) (relating to imposition of tax on gasoline).
(7) Section 4481 (a) (relating to imposition of tax on use of
highway motor vehicles).
(8) Section 4481 (e) (relating to period tax in effect).
(9) Section 4482 (c) (4) (defining taxable period).
(10) Section 6156 (e) (2) (relating to installment payments of
tax on use of highway motor vehicles).
(11) Section 6421 (h) (relating to tax on gasoline used for cer-
tain nonhighway purposes or by local transit systems).
H.R. 8235-33
(b) Section 6412(a) (2) of such Code (relating to floor stocks
refunds) is amended-
(1) by striking out "1977" each place it appears and inserting
in lieu thereof "1979"; and
(2) by striking out "1978" each place it appears and inserting
in lieu thereof "1980".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
EMBARGOED FOR RELEASE
UNTIL 3 00 P.M. (IDT)
MAY 5, 1976
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
Today I have signed into law the Federal-Aid Highway
Act of 1976. This legislation is the product of almost a
year-long debate. On July 7, 1975, I submitted a proposed
long-range bill recommending some fundamental changes in
this program. The Act I am signing today is a two-year
interim measure which permits the program to continue while
setting the stage for the next Congress again to confront
the critical issues facing the program.
The proposal that I forwarded to Congress last July
had four principal objectives.
--- First, it recommended the restructuring of the
present system of financing highways. The Trust
Fund would have been reserved exclusively for the
completion of the Interstate System, all other
Federal highway assistance would have come from
the general fund, and one cent of the gas tax
would have been returned to the States.
-- Second, more than thirty categorical grant
programs would have been consolidated into three
block grant programs.
-- Third, the Federal interest in the Interstate
System would have been more precisely defined,
by placing primary emphasis upon completion of
critical intercity routes on the System.
-- Fourth, the Federal resources authorized for
the highway program would have been held to responsible
levels, consistent with the overriding need to
control Federal spending while still sufficient
to achieve the objectives of the program.
The Congress addressed each of these issues in its
deliberations on this bill and made progress in the
direction I had recommended. The bill I am signing today
consolidates a number of existing categorical grant programs
into a broader, more flexible program, a step which should
help State and local officials solve their transportation
problems more effectively. This legislation also assigns
priority to the completion of intercity routes, closing
critical gaps in the Interstate System. Although this
Congress did not address all of the fundamental issues of
the highway program, the next Congress will need to deal
comprehensively with them.
more
2
I am pleased to note that the Congress has taken some
action to bring the operation of the highway program under
better fiscal control. However, because the bill would
still result in substantial outstanding authorizations
being available during fiscal year 1977, I believe it is
important for Congress to take separate action to place
an obligation ceiling on the Federal-Aid Highway Program
at least through fiscal year 1977. Further, new activities
authorized in this legislation will be carefully scrutinized
before any requests for additions to the budget are sent
to Congress.
For more than 25 years in national government, in both
the Legislative and Executive branches, I have been a firm
supporter of the highway program. As a member of Congress
in 1956, I voted for the landmark legislation which estab-
lished the Highway Trust Fund. I have been deeply involved
in the legislative process over the past two decades as the
highway program has been expanded and made more responsive
to local transportation needs. It is a privilege to be
serving as President today and to sign legislation extending
and improving this important program. A spirit of cooperation
between this Administration and the Congress enabled all
parties to arrive at an acceptable bill which permits a vital
program to continue. We will continue to work with the
Congress to seek better, long-term solutions to our national
transportation problems as the nation enters its third
century.
# # #
FOR IMMEDIATE RELEASE
MAY 5, 1976
OFFICE OF THE WHITE HOUSE PRESS SECRETARY
THE WHITE HOUSE
REMARKS OF THE PRESIDENT
UPON SIGNING THE
FEDERAL HIGHWAY ACT OF 1976
THE ROSE GARDEN
3:03 P.M. EDT
Secretary Coleman, distinguished Members of
the Congress, distinguished guests:
I am signing today a bill, H.R. 8235, which
authorizes more than $17.5 billion dollars for the
extension of the Federal Aid to Highways program. Many,
many thousands of jobs will be directly, as well as
indirectly, supported by the legislation which will provide
for key links in the interstate highway system, upgrade
existing highways and develop public transit facilities.
Primary responsibility for selecting projects
and administering this grant program will continue to rest
with the State and local authorities. While this Act
does not include everything that this Administration pro-
posed to the Congress, it is an important step toward
meeting America's transportation needs.
For that reason, Mr. Secretary and members of
the Congress, I am very pleased to sign this legislation
which is a very significant piece of legislation and a very
important one as far as our economy and our transportation
facilities is concerned.
END
(AT 3:04 P.M. EDT)
April 27, 1976
Dear Mr. Director:
The following bill was received at the White
House on April 27th:
H.R. 8235
Please let the President have reports and
recommendations as to the approval of this bill
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.