§ 108. Advance acquisition of rights-of-way.

(a) For the purpose of facilitating the acquisition of rights-of-way on any of the Federal-aid highway systems, including the Interstate System, in the most expeditious and economical manner, and recognizing that the acquisition of rights-of-way requires lengthy planning and negotiations if it is to be done at a reasonable cost, the Secretary, upon the request of the State highway department, is authorized to make available the funds apportioned to any State for expenditure on any of the Federal-aid highway systems, including the Interstate System, for acquisition of rights-of-way, in anticipation of construction and under such rules and regulations as the Secretary may prescribe. The agreement between the Secretary and the State highway department for the reimbursement of the cost of such rights-of-way shall provide for the actual construction of a road on such rights-of-way within a period not exceeding seven years following the fiscal year in which such request is made.

(As amended Pub. L. 86-35, § 1, May 29, 1959, 73 Stat. 62.)

AMENDMENTS

1959 Subsec. (a). Pub. L. 86-35 increased from five to seven years the period in which actual construction shall commence on rights-of-way acquired in anticipation of such construction.

INCREASED LIMITATION PERIOD APPLICABLE TO EXISTING CONTRACTS

Section 2 of Pub. L. 86-35 provided that: "Each agreement entered into before the date of enactment of this Act [May 29, 1959] by the Secretary of Commerce and a State highway department under authority of section 110(a) of the Federal-Aid Highway Act of 1956 [June 29, 1956, ch. 462, title I, § 110(a), 70 Stat. 382], or section 108(a) of title 23 of the United States Code [subsection (a) of this section] shall be deemed to provide for actual construction of a road on such rights-of-way within a period of seven years following the fiscal year in which such request was made."

§ 109. Standards.

(b) The geometric and construction standards to be adopted for the Interstate System shall be those approved by the Secretary in cooperation with the State highway departments. Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title, of the plans, specifications, and estimates for actual construction of such project. The right-of-way width of the Interstate System shall be adequate to permit construction of projects on the Interstate System to such standards. The Secretary shall apply such standards uniformly throughout all the States.

(As amended Pub. L. 88-157, § 4, Oct. 24, 1963, 77 Stat. 277.)

AMENDMENTS

1963 Subsec. (b). Pub. L. 88-157 substituted "Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such

project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title, of the plans, specifications, and estimates for actual construction of such project" for "Such standards shall be adequate to accommodate the types and volumes of traffic forecast for the year 1975", deleted "up" preceding "to such standards" and inserted "all" in the phrase "throughout all the States."

§ 111. Agreements relating to use of and access to rights-of-way-Interstate System.

All agreements between the Secretary and the State highway department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. (As amended Pub. L. 87-61, title I, § 104 (a), June 29, 1961, 75 Stat. 122.)

AMENDMENTS

1961-Pub. L. 87-61 substituted "to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere" for "to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehicles provided such use does not interfere."

SHORT TITLE

Section 101 of Pub. L. 87-61 provided that Pub. L. 87-61, which enacted section 6156 of Title 26, Internal Revenue Code, amended this section and sections 131 and 210 of this title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481, 4482, 6412, 6416, 6421 and 6601 of Title 26, enacted provisions set out as notes under this section and section 104 of this title and under section 4041 of Title 26, and amended provisions set out as notes under sections 101 and 120 of this title, may be cited as the "Federal-Aid Highway Act of 1961."

REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON RIGHTS-OF-WAY

Section 104 (b) of Pub. L. 87-61 provided that: "Upon application, the Secretary of Commerce is authorized to revise any agreement made prior to the date of enactment of this Act [June 29, 1961] to the extent that such agreement relates to the utilization of space on rights-of-way on the National System of Interstate and Defense Highways to conform to section 111 of title 23 of the United States Code [this section] as amended by subsection (a)." § 114. Construction.

(a) The construction of any highways or portions of highways located on a Federal-aid system shall be undertaken by the respective State highway departments or under their direct supervision. Except

as provided in section 117 of this title, such construction shall be subject to the inspection and approval of the Secretary. The construction work and labor in each State shall be performed under the direct supervision of the State highway department and in accordance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pursuant to subsection (a) of section 118 of this title. On any project where actual construction is in progress and visible to highway users, the State highway department shall erect such informational sign or signs as prescribed by the Secretary, identifying the project and the respective amounts contributed therefor by the State and Federal Governments.

(As amended Pub. L. 86-657, § 8(f), July 14, 1960, 74 Stat. 525.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-657 required State highway departments to erect, on any project where actual construction is in progress and visible to highway users, such informational sign or signs as prescribed by the Secretary, identifying the project and the respective contributions therefor by the State and Federal Governments.

§ 116. Maintenance.

(a) It shall be the duty of the State highway department to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.

The State's obligation to the United States to maintain any such project shall cease when it no longer constitutes a part of a Federal-aid system.

(b) In any State wherein the State highway department is without legal authority to maintain a project constructed on the Federal-aid secondary system, or within a municipality, such highway department shall enter into a formal agreement for its maintenance with the appropriate officials of the county or municipality in which such project is located.

(c) If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State highway department. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the entire State until such project shall have been put in proper condition of maintenance, unless such project is subject to an agreement pursuant to subsection (b) of this section, in which case approval shall be withheld only for secondary or urban projects in the county or municipality where such project is located. (As amended Pub. L. 86-70, § 21 (d) (2), (e) (3), June 25, 1959, 73 Stat. 145, 146.)

AMENDMENTS

1959 Subsec. (a). Pub. L. 86-70, § 21(e) (3), substituted "It" for "Except as provided in subsection (d) of this section, it".

Subsec. (d). Pub. L. 86–70, § 21(d) (2), repealed subsec. (d), which related to expenditure of funds appor

tioned to the Territory of Alaska and contributed by the Territory for the maintenance of roads.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of subsec. (a) of this section by Pub. L. 86-70 effective July 1, 1959, see note set out under section 101 of this title.

Repeal of subsec. (d) of this section by Pub. L. 86-70 effective July 1, 1959, see note set out under section 103 of this title.

§ 119. Repealed. Pub. L. 86-70, § 21(d)(3), June 25, 1959, 73 Stat. 145, eff. July 1, 1959.

Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899, related to the administration of Federal aid for highways in Alaska.

EFFECTIVE DATE OF REPEAL

Repeal of this section by Pub. L. 86-70 effective July 1, 1959, see note set out under section 103 of this title. § 120. Federal share payable.

(a) Subject to the provisions of subsections (d) and (h) of this section, the Federal share payable on account of any project, financed with primary, secondary, or urban funds, on the Federal-aid primary system and the Federal-aid secondary system shall not exceed 50 per centum of the cost of construction, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area.

(b) Subject to the provisions of subsection (d) of this section, the Federal share payable on account of any project, financed with interstate funds on the Interstate System, authorized to be appropriated prior to June 29, 1956, shall not exceed 60 per centum of the cost of construction, except that in the case of any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area. The provisions of subsection (a) of this section shall apply to any project financed with funds authorized by the provisions of section 2 of the Federal-Aid Highway Act of 1952.

(c) Subject to the provisions of subsection (d) of this section, the Federal share payable on account of any project on the Interstate System provided for by funds made available under the provisions of section 108(b) of the Federal-Aid Highway Act of 1956 shall be increased to 90 per centum of the total cost thereof, plus a percentage of the remaining 10 per centum of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area, except that such Federal share payable on any project in any State shall not exceed 95 per centum of the total cost of such project.

(d) The Federal share payable on account of any project for the elimination of hazards of railwayhighway crossings, as more fully described and subject to the conditions and limitations set forth in section 130 of this title, may amount to 100 per centum of the cost of construction of such projects, except that not more than 50 per centum of the right-of-way and property damage costs, paid from public funds, on any such project, may be paid from sums apportioned in accordance with section 104 of this title: Provided, That not more than 10 per centum of all the sums apportioned for all the Federal-aid systems for any fiscal year in accordance with section 104 of this title shall be used under this subsection.

(e) The Secretary may rely on a statement from the Secretary of the Interior as to the area of the lands referred to in subsections (a) and (b) of this section. The Secretary of the Interior is authorized and directed to provide such statement annually.

(f) The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title shall not exceed 50 per centum of the cost thereof, except that the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof, whether or not such highways, roads, or trails are on any Federal-aid highway system. Any project agreement for which the final voucher has not been approved by the Secretary on or before the date of this Act may be modified to provide for the Federal share authorized herein.

(g) The Secretary is authorized to cooperate with the State highway departments and with the Department of the Interior in the construction of Federal-aid highways within Indian reservations and national parks and monuments under the jurisdiction of the Department of the Interior and to pay the amount assumed therefor from the funds apportioned in accordance with section 104 of this title to the State wherein the reservations and national parks and monuments are located. (As amended Pub. L. 86-70, § 21 (d) (4), (e) (4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86-342, title I, § 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86-657, § 3, July 14, 1960, 74 Stat. 522.)

REFERENCES IN TEXT

Section 2 of the Federal-Aid Highway Act of 1952, referred to in subsec. (b), means section 2 of act June 25, 1952, ch. 462, 66 Stat. 159, which is not classified to this Code.

Section 108(b) of the Federal-Aid Highway Act of 1956 referred to in subsec. (c), is set out as a note under section 101 of this title.

On or before the date of this Act, referred to in subsec. (f), probably means on or before the date of Pub. L. 86-342 which was approved on September 21, 1959.

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-657 substituted "nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments" for "unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal."

1959 Subsec. (a). Pub. L. 86-70, § 21(e) (4), substituted subsection (d) of this section" for "subsections (d) and (h) of this section."

Subsec. (f). Pub. L. 86-342 provided that the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof, whether or not such highways, roads or trails are on any Federalaid highway system.

Subsec. (h). Pub. L. 86-70 § 21(d) (4) repealed subsec. (h), which related to contributions by the Territory of Alaska and to the expenditure of Federal funds apportioned to the Territory of Alaska and funds contributed by the Territory.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment of subsec. (a) of this section by Pub. L. 86-70 effective July 1, 1959, see note set out under section 101 of this title.

Repeal of subsec. (h) of this section by Pub. L. 86-70 effective July 1, 1959, see note set out under section 103 of this title.

SHORT TITLE

Section 101 of Pub. L. 86-342 provided that Pub. L. 86342, which amended this section and sections 125, 131 and 320 of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416 and 6421 of Title 26, Internal Revenue Code, enacted notes set out under section 307 of this title and section 4082 of Title 26, and amended notes set out under sections 101, 104 and 120 of this title, may be cited as the "Federal-Aid Highway Act of 1959".

HIGHWAY TRUST FUND

Section 209 of act June 29, 1956, ch. 462, title II, 70 Stat. 397, as amended by Pub. L. 86-342, title II, § 202, Sept. 21, 1959, 73 Stat. 615; Pub. L. 86-346, title I, § 104 (5), Sept. 22, 1959, 73 Stat. 622; Pub. L. 86-440, § 1(c), Apr. 22, 1960, 74 Stat. 81; Pub. L. 87-61, title II, § 207, June 29, 1961, 75 Stat. 128, provided that:

"(c) TRANSFER TO TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN TAXES.

"(1) IN GENERAL.-There is hereby appropriated to the Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to the following percentages of the taxes received in the Treasury before October 1, 1972, under the following provisions of the Internal Revenue Code of 1954 (or under the corresponding provisions of prior revenue laws) —

"(A) 100 percent of the taxes received after June 30, 1956, under sections 4041 (taxes on diesel fuel and special motor fuels), 4071(a)(4) (tax on tread rubber), and 4081 (tax on gasoline);

"(B) 20 percent of the tax received after June 30, 1956, and before July 1, 1957, under section 4061 (a) (1) (tax on trucks, buses, etc.);

"(C) 50 percent of the tax received after June 30, 1957, and before July 1, 1962, under section 4061 (a) (1) (tax on trucks, buses, etc.), and 100 percent of the tax received after June 30, 1962, under section 4061(a)(1);

"(D) 371⁄2 percent of the tax received after June 30, 1956, and before July 1, 1957, under section 4071(a)(1) (tax on tires of the type used on highway vehicles);

"(E) 100 percent of the taxes received after June 30, 1957, under section 4071(a) (1), (2), (3), and (5) (taxes on tires of the type used on highway vehicles, other tires, and inner tubes);

"(F) 100 percent of the tax received under section 4481 (tax on use of certain vehicles); and

"(G) 100 percent of the floor stocks taxes imposed by section 4226(a).

In the case of any tax described in subparagraph (A), (B), or (D), amounts received during the fiscal year ending June 30, 1957, shall be taken into account only to the extent attributable to liability for tax incurred after June 30, 1956.

"(2) [Repealed. Pub. L. 87-61, title II, § 207(b), June 29, 1961, 75 Stat. 128.]

"(3) LIABILITIES INCURRED BEFORE OCTOBER 1, 1972, FOR NEW OR INCREASED TAXES.-There is hereby appropriated to the Trust Fund, out of any money in the Treasury not

otherwise appropriated, amounts equivalent to the following percentages of the taxes which are received in the Treasury after September 30, 1972, and before July 1, 1973, and which are attributable to liability for tax incurred before October 1, 1972, under the following provisions of the Internal Revenue Code of 1954—

"(A) 100 percent of the taxes under sections 4041 (taxes on diesel fuel and special motor fuels), 4071(a) (4) (tax on tread rubber), and 4081 (tax on gasoline); "(B) 20 percent of the tax under section 4061 (a) (1) (tax on trucks, buses, etc.);

"(C) 50 percent of the tax under section 4071(a) (1) (tax on tires of the type used on highway vehicles) and 10 percent of the tax under section 4071(a) (3) (tax on inner tubes for tires); and

"(D) 100 percent of the tax under section 4481 (tax on use of certain vehicles).

"(4) METHOD OF TRANSFER.-The amounts appropriated by paragraphs (1), (2), and (3) shall be transferred at least monthly from the general fund of the Treasury to the Trust Fund on the basis of estimates by the Secretary of the Treasury of the amounts, referred to in paragraphs (1), (2), and (3) received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

"(2) INVESTMENT.—It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (A) on original issue at the issue price, or (B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. Advances to the Trust Fund pursuant to subsection (d) shall not be invested.

"(1) EXPENDITURES FROM TRUST FUND.— "(1) FEDERAL-AID HIGHWAY PROGRAM.-Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for making expenditures after June 30, 1956, and before October 1, 1972, to meet those obligations of the United States heretofore or hereafter incurred under the Federal-Aid Road Act approved July 11, 1916, as amended and supplemented, which are attributable to Federal-Aid highways (including those portions of general administrative expenses of the Bureau of Public Roads payable from such appropriations).

"(2) REPAYMENT OF ADVANCES FROM GENERAL FUND.Advances made pursuant to subsection (d) shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of the Treasury determines that moneys are available in the Trust Fund for such purposes. Such interest shall be at rates computed in the same manner as provided in subsection (e) (2) for special obligations and shall be compounded annually.

"(3) TRANSFERS FROM TRUST FUND FOR GASOLINE USED ON FARMS AND FOR CERTAIN OTHER PURPOSES.-The Secretary of the Treasury shall pay from time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to the amounts paid before July 1, 1973, under sections 6420 (relating to amounts paid in respect of gasoline used on farms) and 6421 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) of the Internal Revenue Code of 1954 on the basis of claims filed for periods beginning after June 30, 1956, and ending before October 1, 1972.

"(4) 1972 FLOOR STOCKS REFUNDS.-The Secretary of the Treasury shall pay from time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to the following percentages of the floor stocks refunds made before July 1, 1973, under section 6412(a) (2) of the Internal Revenue Code of 1954

"(A) 40 percent of the refunds in respect of articles subject to the tax imposed by section 4061(a)(1) of such Code (trucks, buses, etc.);

(B) 100 percent of the refunds in respect of articles subject to tax under section 4071 (a) (1), (3), or (4) of such Code (certain tires, tubes, and tread rubber); and "(C) 80 percent of the refunds in respect of gasoline subject to tax under section 4081 of such Code. "(5) [Repealed. Pub. L. 87-61, title II, § 207(d) (4), June 29, 1961, 75 Stat. 128.]"

(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 primary, secondary, or urban 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: Provided, That such limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary. For any project financed with interstate funds, such limitation shall be 10 per centum.

(As amended Pub. L. 88–157, § 7(b), Oct. 24, 1963, 77 Stat. 278.)

AMENDMENTS

1963 Subsec. (d). Pub. L. 88-157 substituted "any project financed with Federal-aid primary, secondary, or urban funds" for "any one project" and provided for limitation, on payments for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of Federal share of cost of construction of the project where found by the Secretary to be necessary and for 10-percent limitation on projects financed with interstate funds.

§ 125. Emergency relief.

(a) An emergency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120, for the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result

of disaster over a wide area, such as by floods, hurricanes, tidal waves, earthquakes, severe storms, landslides, or other catastrophes in any part of the United States. The appropriation of such moneys, not to exceed $30,000,000, as may be necessary for the initial establishment of this fund and for its replenishment on an annual basis is authorized. Pending such appropriation or replenishment the Secretary may expend from any funds heretofore or hereafter appropriated for expenditure in accordance with the provisions of this title, including existing Federal-aid appropriations, such sums as may be necessary for the immediate prosecution of the work herein authorized, such appropriations to be reimbursed from the appropriations herein authorized when made.

(b) The Secretary may expend funds from the emergency fund herein authorized for the repair or reconstruction of highways on the Federal-aid highway systems, including the Interstate System, in accordance with the provisions of this chapter. Except as to highways, roads, and trails mentioned in subsection (c) of this section, no funds shall be so expended unless the Secretary has received an application therefor from the State highway department, and unless an emergency has been declared by the Governor of the State and concurred in by the Secretary.

(c) The Secretary may expend funds from the emergency fund herein authorized, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are on any of the Federal-aid highway systems. (As amended Pub. L. 86-342, title I, § 107(a), Sept. 21, 1959, 73 Stat. 612.)

AMENDMENTS

1959-Pub. L. 86-342, among other changes, made expenditures from the emergency fund subject to the provisions of section 120 of this title, and permitted the Secretary to expend funds from the emergency fund, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are on any of the Federal-aid highway systems.

§ 127. Vehicle weight and width limitations-Interstate System.

No funds authorized to be appropriated for any fiscal year under section 108(b) of the Federal-Aid Highway Act of 1956 shall be apportioned to any State within the boundaries of which the Interstate System may lawfully be used by vehicles with weight in excess of eighteen thousand pounds carried on any one axle, or with a tandem-axle weight in excess of thirty-two thousand pounds, or with an overall gross weight in excess of seventy-three thousand two hundred and eighty pounds, or with a width in excess of ninety-six inches, or the corresponding maximum weights or maximum widths permitted for vehicles using the public highways of such State under laws or regulations established by appropriate State authority in effect on July 1,

1956, whichever is the greater. Any amount which is withheld from apportionment to any State pursuant to the foregoing provisions shall lapse. This section shall not be construed to deny apportionment to any State allowing the operation within such State of any vehicles or combinations thereof that could be lawfully operated within such State on July 1, 1956. With respect to the State of Hawaii, laws or regulations in effect on February 1, 1960, shall be applicable for the purposes of this section in lieu of those in effect on July 1, 1956. (As amended Pub. L. 86-624, § 17(e), July 12, 1960, 74 Stat. 416.)

REFERENCES IN TEXT

Section 108(b) of the Federal-Aid Highway Act of 1956, referred to in the text, is set out as a note under section 101 of this title.

AMENDMENTS

1960-Pub. L. 86-624 made the laws or regulations in effect on Feb. 1, 1960, applicable, with respect to the State of Hawaii, for the purposes of this section in lieu of those in effect on July 1, 1956.

§ 129. Toll roads, bridges, tunnels, and ferries.

(c) Funds authorized for expenditure on any of the Federal-aid highway systems, including the Interstate System, shall be available for expenditure on projects approaching any toll road, bridge or tunnel to a point where such project will have some use irrespective of its use for such toll road, bridge or tunnel.

(e) Notwithstanding the provisions of section 301 of this title, the Secretary may permit Federal participation under this title in the construction of a project constituting an approach to a ferry, whether toll or free, the route of which has been approved under section 103 (b) or (c) of this title as a part of one of the Federal-aid systems and has not been designated as a route on the Interstate System. Such ferry may be either publicly or privately owned and operated, but the operating authority and the amount of fares charged for passage shall be under the control of a State agency or official, and all revenues derived from publicly owned or operated ferries shall be applied to payment of the cost of construction or acquisition thereof, including debt service, and to actual and necessary costs of operation, maintenance, repair, and replacement. (As amended Pub. L. 86-657, §§ 5, 8(a), July 14, 1960, 74 Stat. 523, 524.)

AMENDMENTS

1960-Pub. L. 86-657, § 5(b), included ferries in the catchline.

Subsec. (c). Pub. L. 86-657, § 8(a), eliminated words "under prior Acts" which followed "Funds authorized." Subsec. (e). Pub. L. 86-657, § 5(a), added subsec. (e).

§ 131. Areas adjacent to the Interstate System.

(b) The Secretary of Commerce is authorized to enter into agreements with State highway departments (including such supplementary agreements as may be necessary) to carry out the national policy set forth in subsection (a) of this section with respect to the Interstate System within the State.