Pub. L. 102-240, tit. I, pt. A, sec. 1006

NATIONAL HIGHWAY SYSTEM.

EnactedYear: 1991Length: 1,718 wordsOfficial source
SEC. 1006. NATIONAL HIGHWAY SYSTEM. (a) Establishment.— Section 103 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) In General.— For purposes of this title, the Federal-aid systems are the Interstate System and the National Highway System. “(b) National Highway System.— “(1) Purpose.— The purpose of the National Highway System is to provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel. “(2) Components.— The National Highway System shall consist of the following: 105 STAT. 1924 “(A) Highways designated as part of the Interstate System under subsection (e) and section 139 of this title. “(B) Other urban and rural principal arterials and highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation facility. The States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under this paragraph. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134 of this title. The routes on the National Highway System, as shown on the map submitted by the Secretary to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991, illustrating the National Highway System, shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised proposals to Congress for approval in accordance with paragraph (3). “(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peace time and war time. Such highways may include highways on and off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3). “(D) Major strategic highway network connectors which are highways that provide motor vehicle access between major military installations and highways which are part of the strategic highway network. Such highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and subject to approval by Congress in accordance with paragraph (3). “(3) Approval of designations.— “(A) Proposed designations.— Not later than 2 years after the date of the enactment of this section, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a proposed National Highway System with a list and description of highways proposed to be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing the proposed system, the Secretary shall consult appropriate local officials and shall use the functional reclassification of roads and streets carried out under subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991. “(B) Approval of congress required.— After September 30, 1995, no funds made available for carrying out this title 105 STAT. 1925may be apportioned for the National Highway System or the Interstate maintenance program under this title unless a law has been approved designating the National Highway System. “(C) Maximum mileage.— For purposes of proposing highways for designation to the National Highway System, the mileage of highways on the National Highway System shall not exceed 155,000 miles; except that the Secretary may increase or decrease such maximum mileage by not to exceed 15 percent. “(D) Equitable allocations of highway mileage.— In proposing highways for designation to the National High-way System, the Secretary shall provide for equitable allocation of highway mileage among the States. “(4) Interim system.— For fiscal years 1992, 1993, 1994, and 1995, highways classified as principal arterials by the States shall be treated as being on the National Highway System for purposes of this title.”. (b) Conforming Amendments to Section 103.— (1) Repeal of federal-aid secondary and urban systems.— Subsections (c) and (d) of such section are repealed. (2) Approval.— Subsection (f) of such section is amended— (A) by striking “the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and”; and (B) by striking the last sentence. (c) Functional Reclassification of Highways.— (1) State action.— Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section, including the amendments made by this section. (2) Approval and submission to congress.— Not later than September 30, 1993, the Secretary shall approve the functional reclassification of roads and streets made by the States pursuant to this subsection and shall submit a report to Congress containing such reclassification. (3) State defined.— In this subsection, the term “State” has the meaning such term has under section 101 of title 23, United States Code, and shall include the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Marianas. (d) Project Eligibility.— Section 103 of title 23, United States Code, is amended by adding at the end the following new subsection: “(i) Eligible Projects for NHS.— Subject to project approval by the Secretary, funds apportioned to a State under section 104(b)(1) for the National Highway System may be obligated for any of the following: “(1) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of such system. “(2) Operational improvements for segments of such system. “(3) Construction of, and operational improvements for, a Federal-aid highway not on the National Highway System and construction of a transit project eligible for assistance under the Federal Transit Act— 105 STAT. 1926 “(A) if such highway or transit project is in the same corridor as, and in proximity to, a fully access controlled highway designated to the National Highway System; “(B) if the construction or improvements will improve the level of service on the fully access controlled highway and improve regional travel; and “(C) if the construction or improvements are more cost effective than an improvement to the fully access controlled highway that has benefits comparable to the benefits which will be achieved by the construction of, or improvements to, the highway not on the National Highway System. “(4) Highway safety improvements for segments of the National Highway System. “(5) Transportation planning in accordance with sections 134 and 135. “(6) Highway research and planning in accordance with section 307. “(7) Highway-related technology transfer activities. “(8) Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds. “(9) Fringe and corridor parking facilities. “(10) Carpool and vanpool projects. “(11) Bicycle transportation and pedestrian walkways in accordance with section 217. “(12) Development and establishment of management systems under section 303. “(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.”. (e) Apportionments.— Section 104(b)(1) of such title is amended to read as follows: “(1) National highway system.— For the National Highway System 1 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the remaining 99 percent apportioned in the same ratio as funds are apportioned under paragraph (3).”. (f) Transferability.— Section 104 of such title is amended by striking subsection (c) and inserting the following new subsection: “(c) Transferability of NHS Apportionments.— A State may transfer not to exceed 50 percent of the State’s apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State’s 105 STAT. 1927apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred under this subsection.”. (g) Conforming Amendments to Other Sections.— (1) Definitions.— Section 101(a) of title 23, United States Code, is amended by striking the paragraph relating to Federal-aid highways and inserting the following new paragraph: “The term ‘Federal-aid highways’ means highways eligible for assistance under this chapter other than highways classified as local roads or rural minor collectors.”. (2) Prevailing rate of wage.— Section 113(a) of such title is amended by striking “systems, the primary and secondary, as well as their extension in urban areas, and the Interstate System,” and inserting “highways”. (h) National Defense Highways Located Outside United States.— (1) Reconstruction projects.— If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway. (2) Funding.— The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended.
Pub. L. 102-240, tit. I, pt. A, sec. 1006: NATIONAL HIGHWAY SYSTEM. | Justis AI