The date of enactment of the MAP–21, referred to in subsec. (b)(2)(B)–(D)(i), (E)(i), (3)(A)(i), is deemed to be
Another section 1106(b) of Pub. L. 105–178 is set out as a note below.
2015—Subsec. (b)(3)(A). Pub. L. 114–94, § 1122(e)(1), in introductory provisions, struck out “, including any modification consisting of a connector to a major intermodal terminal,” after “any modification” and inserted “, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system,” after “the National Highway System”.
Subsec. (b)(3)(A)(ii). Pub. L. 114–94, § 1122(e)(2), designated existing provisions as subcl. (I) and added subcl. (II).
2014—Subsec. (c)(5)(B)(i). Pub. L. 113–287, § 5(f)(1)(A), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”.
Subsec. (c)(5)(C). Pub. L. 113–287, § 5(f)(1)(B), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to Federal-aid systems.
2005—Subsec. (b)(6). Pub. L. 109–59, § 1118(b)(1)(A), substituted “
Subsec. (b)(6)(P). Pub. L. 109–59, § 1118(b)(1)(B), struck out subpar. (P) which read as follows: “In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, any project eligible for assistance under section 133, any airport, and any seaport.”
Subsec. (b)(6)(Q), (R). Pub. L. 109–59, § 6006(a)(1), added subpars. (Q) and (R).
Subsec. (b)(7). Pub. L. 109–59, § 1118(b)(1)(C), added par. (7).
Subsec. (c)(4)(B)(ii). Pub. L. 109–59, § 1106(a), substituted “25” for “12”.
Subsec. (c)(4)(B)(iii)(I). Pub. L. 109–59, § 1106(b)(1), struck out “in the agreement between the Secretary and the State or States” before “under clause (ii)”.
Subsec. (c)(4)(B)(iii)(III). Pub. L. 109–59, § 1106(b)(2), added subcl. (III).
Subsec. (c)(5). Pub. L. 109–59, § 6007, added par. (5).
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, section related to Federal-aid systems and, in subsec. (a), identified such systems, in subsec. (b), described National Highway System, in subsec. (e), described Interstate Highway System, in subsec. (f), specified authority of Secretary with respect to system, in subsec. (g), provided for removal of certain parts from system, in subsec. (h), authorized Secretary to pay all non-Federal costs of certain parts of system, and in subsec. (i), described eligible projects for National Highway System.
1996—Subsec. (e)(4)(L). Pub. L. 104–287 substituted “
1995—Subsec. (b)(3)(C). Pub. L. 104–59, § 101(b)(1), substituted “The” for “For purposes of proposing highways for designation to the National Highway System, the”.
Subsec. (b)(3)(D). Pub. L. 104–59, § 101(b)(2), substituted “The” for “In proposing highways for designation to the National Highway System, the” and inserted “on the National Highway System” after “highway mileage”.
Subsec. (b)(5) to (8). Pub. L. 104–59, § 101(a), added pars. (5) to (8).
Subsec. (i)(8). Pub. L. 104–59, § 301(a), added par. (8) and struck out former par. (8) which read as follows: “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.”
1994—Subsec. (e)(4)(L)(i). Pub. L. 103–272, § 5(f)(1)(A), as amended by Pub. L. 103–429, § 7(a)(4)(B), substituted “chapter 53 of title 49” for “the Federal Transit Act”.
Subsec. (e)(4)(L)(ii). Pub. L. 103–272, § 5(f)(1)(B), as amended by Pub. L. 103–429, § 7(a)(4)(B), substituted “section 5323(a)(1)(D) of title 49” for “section 3(e)(4) of the Federal Transit Act”.
Subsec. (i)(3). Pub. L. 103–429, § 3(1), substituted “chapter 53 of title 49” for “the Federal Transit Act”.
1991—Subsec. (a). Pub. L. 102–240, § 1006(a), added subsec. (a) and struck out former subsec. (a) which established and continued four Federal-aid systems: primary, urban, secondary and Interstate.
Subsec. (b). Pub. L. 102–240, § 1006(a), added subsec. (b) and struck out former subsec. (b) which related to Federal-aid primary system.
Subsecs. (c), (d). Pub. L. 102–240, § 1006(b)(1), struck out subsecs. (c) and (d) which related to Federal-aid secondary system and Federal-aid urban system, respectively.
Subsec. (e)(4)(E)(i). Pub. L. 102–240, § 1011(c), inserted provisions at end specifying that funds authorized to be appropriated for substitute transit projects for fiscal year 1993 and for substitute highway projects for fiscal year 1995 are to remain available until expended.
Subsec. (e)(4)(G). Pub. L. 102–240, § 1011(a)(1), struck out “and” before “$740,000,000”, inserted provisions relating to fiscal years 1992 through 1995 and inserted provisions authorizing obligation of sums for transit substitute projects.
Subsec. (e)(4)(H)(i). Pub. L. 102–240, § 1011(a)(2)(A), inserted provisions at end relating to apportionment of funds for fiscal years 1992 through 1995.
Subsec. (e)(4)(H)(iii). Pub. L. 102–240, § 1011(a)(2)(B), (C), substituted “1988–1995” for “1988, 1989, 1990, and 1991” in heading and “1991, 1992, 1993, 1994, and 1995” for “and 1991” in text.
Subsec. (e)(4)(I). Pub. L. 102–240, § 3003(b), substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.
Subsec. (e)(4)(J)(i). Pub. L. 102–240, § 1011(b)(1), (2), inserted “and ending before
Subsec. (e)(4)(J)(iii). Pub. L. 102–240, § 1011(b)(3), (4), substituted “1988–1993” for “1988, 1989, 1990, and 1991” in heading and substituted “1991, 1992, and 1993” for “and 1991” in text.
Subsec. (e)(4)(L). Pub. L. 102–240, § 3003(b), substituted “FTA” for “UMTA” in heading and “Federal Transit Act” for “Urban Mass Transportation Act of 1964” in cls. (i) and (ii).
Subsec. (f). Pub. L. 102–240, § 1006(b)(2), struck out “the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and” before “the Interstate System” and struck out at end “No Federal-aid system or portion thereof shall be eligible for projects in which Federal funds participate until approved by the Secretary.”
Subsec. (i). Pub. L. 102–240, § 1006(d), added subsec. (i).
1987—Subsec. (e). Pub. L. 100–17, § 103(f)(1)(A)–(D), (H)–(J), inserted heading, indented par. (1) and aligned such par. and pars. (2), (3), and (5) to (9) with par. (4), as amended, and inserted headings for pars. (1) to (3), (8), and (9).
Subsec. (e)(4). Pub. L. 100–17, § 103(b), amended par. (4) generally, revising and restating as subpars. (A) to (P) provisions formerly contained in a single paragraph.
Subsec. (e)(5). Pub. L. 100–17, § 103(f)(1)(E), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted “withdrawal of approval.” for “withdrawal of approval; and” in subpar. (B).
Subsec. (e)(6). Pub. L. 100–17, § 103(f)(1)(F), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted “withdrawal of approval.” for “withdrawal of approval;” in subpar. (B).
Subsec. (e)(7). Pub. L. 100–17, § 103(f)(1)(G), inserted heading and substituted “are to be applied.” for “are to be applied; and”.
1983—Subsec. (b)(1). Pub. L. 97–424, § 108(f), substituted “Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands” for “or Puerto Rico” after “Hawaii, Alaska,”.
Subsec. (e)(4). Pub. L. 97–424, § 107(a)(1), struck out eighth sentence and substituted provision relating to authorizations and apportionment of funds for fiscal years ending
Pub. L. 97–424, § 107(a)(2), struck out sixth sentence and substituted provisions relating to the period of availability of sums apportioned under this paragraph and of sums available for obligation and the disposition of funds apportioned to a State and unobligated for provision that the sums available for obligation would remain available until obligated.
Pub. L. 97–424, § 107(b), inserted at end provision that any route or segment thereof which was statutorily designed after
Pub. L. 97–424, § 107(c)(1)(A), inserted “or up to and including the 1983 interstate cost estimate, whichever is earlier,” after “approved by Congress,” and before “subject to increase or decrease” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97–424, § 107(c)(1)(B), struck out “the date of enactment of the Federal-Aid Highway Act of 1976 or” after “portion thereof as of”, and “whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate” after “substitute project under this paragraph,” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97–424, § 107(c)(1)(C), inserted “or the date of approval of the 1983 interstate cost estimate, whichever is earlier,” after “approval of each substitute project under this paragraph” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97–424, § 107(d), inserted provision in third sentence that except with respect to any route which on
Pub. L. 97–424, § 107(e)(1), struck out “which is within an urbanized area or which passes through and connects urbanized areas within a State and” after “portion thereof on the Interstate System” in first sentence.
Pub. L. 97–424, § 107(e)(2), substituted “which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located”, for “which will serve the urbanized area and the connecting nonurbanized 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 submitted by the Governor of the State in which the withdrawn route was located”, after “section 103 of this title; or both,” in second sentence.
1979—Subsec. (e)(4). Pub. L. 96–144 provided that after
Pub. L. 96–106, § 1, inserted provision that the preceding sentence not apply to a designation made under section 139 of this title.
Subsec. (e)(5). Pub. L. 96–106, § 2(a), inserted “, in the case of any withdrawal of approval before
Subsec. (e)(6) to (9). Pub. L. 96–106, § 2(c), added pars. (6) and (7) and redesignated former pars. (6) and (7) as (8) and (9), respectively.
1978—Subsec. (e)(2). Pub. L. 95–599, § 107(a)(1), substituted provisions relating to the deadline for designation of Interstate routes for provisions relating to maximum costs of all mileage and granting of preferences.
Subsec. (e)(4). Pub. L. 95–599, § 107(a)(2), (b), (f)(1)(A), substituted provision setting the maximum Federal share at 85 per cent of the cost of the substitute project for provision stating that the share would be determined in accordance with section 120 of this title, inserted provisions relating to deadline for approval by Secretary and designation of mileage, and struck out provision relating to withdrawal of approval.
Subsec. (e)(5) to (7). Pub. L. 95–599, § 107(f)(1)(B), (C), redesignated par. (5) as (7) and added pars. (5) and (6).
1976—Subsec. (e)(2). Pub. L. 94–280, §§ 109(a), 111(a), struck out from second sentence “prior to the enactment of this paragraph” after “with this title,” and in fourth sentence, substituted provision respecting limitation of cost to United States for aggregate of mileage for route withdrawals which read as follows: “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 Congress 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 estimate, 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” for “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 as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.”
Subsec. (e)(4). Pub. L. 94–280, § 110(a), in revising par. (4), substituting provisions set out in text for prior provisions set out in note hereunder, among other changes: authorized the Secretary to withdraw approval of route or portion thereof on Interstate System which passes through and connects urbanized areas within a State and to incur obligations for Federal share of projects authorized under any highway assistance program under section 103 of this title; provided for determination of Federal share of substitute projects as provided in section 120 of this title applicable to the highway program of which the substitute project is a part; made specific reference to section 4 of, for prior general reference to, Urban Mass Transportation Act of 1964, as source of Federal share for mass transit projects; authorized sums available for obligation to remain available until obligated; made sums obligated for mass transit projects part of, to be administered through, Urban Mass Transportation Fund; authorized appropriations out of general fund of the Treasury for liquidation of obligations incurred under this paragraph; made amended par. (4) effective
Pub. L. 94–280, § 110(b), inserted provision for application of sums to a permissible transportation project when paid to a State for a route or portion of the Interstate System in event of withdrawal of approval for the route or portion instead of making of refund to Highway Trust Fund.
Subsec. (e)(5). Pub. L. 94–280, § 109(b), added par. (5).
1975—Subsec. (e)(2), (4). Pub. L. 93–643 inserted “, 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 as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate” after “House Report Numbered 92–1443”.
1973—Subsec. (b). Pub. L. 93–87, § 148(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 93–87, § 148(b), (e), designated existing provisions as par. (1), inserted “access roads to airports,” after “local rural roads”, and added par. (2).
Subsec. (d)(1). Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, substituted “shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals” for “designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title”, reenacted third sentence without change, inserted “to the extent feasible” in the text reading “Each route of the system to the extent feasible shall connect with another route”, substituted “Routes . . . shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and, in urbanized areas, also in accordance with the planning process under section 134 of this title” for “Routes . . . shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section”, and inserted preceding last sentence “Designation of the Federal-aid urban system shall be subject to the approval of the Secretary as provided in subsection (f) of this section”, and designated provisions, as amended, as par. (1), respectively.
Subsec. (d)(2). Pub. L. 93–87, § 148(c), added par. (2).
Subsec. (e)(2). Pub. L. 93–87, § 137(a), substituted in first sentence “additional mileage for the Interstate System of five hundred miles” for “additional mileage for the Interstate System of two hundred miles”; in fourth sentence “1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443” for “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised”; and in fifth sentence “preference, along with due regard for interstate highway type needs on a nationwide basis,” for “due regard”, respectively.
Subsec. (e)(4). Pub. L. 93–87, § 137(b), added par. (4).
Subsec. (g). Pub. L. 93–87, § 110(a), substituted first sentence reading “the Secretary, on
Subsec. (h). Pub. L. 93–87, § 110(b), added subsec. (h).
1970—Subsec. (a). Pub. L. 91–605, § 106(b)(3), substituted “four” for “three” and added the urban system to the list of Federal-aid systems.
Subsecs. (b), (c). Pub. L. 91–605, § 106(b)(1), substituted “subsection (f)” for “subsection (e)”.
Subsecs. (d), (e). Pub. L. 91–605, § 106(b)(1), added subsec. (d), redesignated former subsec. (d) as (e) and substituted “subsection (f)” for “subsection (e)”. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 91–605, § 106(b)(1), (2), redesignated former subsec. (e) as (f) and inserted reference to Federal-aid urban system.
Subsec. (g). Pub. L. 91–605, § 124, added subsec. (g).
1968—Subsec. (d)(1). Pub. L. 90–495, § 14(a), inserted provision making allowance for an exception in pars. (2) and (3) to the forty-one thousand mile total extent of the Interstate system.
Subsec. (d)(2). Pub. L. 90–495, § 21, substituted “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised” for “1965 Interstate System cost estimate set forth in House Document Numbered 42, Eighty-ninth Congress”.
Subsec. (d)(3). Pub. L. 90–495, § 14(b), added par. (3).
Subsec. (d). Pub. L. 90–238 redesignated existing provision as par. (1) and added par. (2).
1962—Subsec. (c). Pub. L. 87–866 substituted “This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area” for “This system shall be confined to rural areas, except (1) that in any State having a population density of more than two hundred per square mile as shown by the latest available Federal census, the system may include mileage in urban areas as well as rural, and (2) that the system may be extended into urban areas subject to the conditions that any such extension passes through the urban area or connects with another Federal-aid system within the urban area, and that Federal participation in projects on such extensions is limited to urban funds”.
1960—Subsec. (d). Pub. L. 86–624, § 17(c), substituted “within the United States, including the District of Columbia, and” for “within the continental United States and”, and inserted “to the greatest extent possible” in two places.
1959—Subsec. (f). Pub. L. 86–70 repealed subsec. (f) which related to determination of roads in the Territory of Alaska on which Federal-aid funds could be expended.
Subsec. (g). Pub. L. 86–624, § 17(b), repealed subsec. (g) which provided that the systems of highways on which funds apportioned to the Territory of Hawaii under this chapter shall be expended may be determined and agreed upon by the Governor of said Territory and the Secretary.
Amendment by Pub. L. 114–94 effective
Amendment by Pub. L. 112–141 effective
Pub. L. 103–429, § 7(a),
Amendment by sections 1006 and 1011 of Pub. L. 102–240 effective
Pub. L. 95–599, title I, § 107(c),
Pub. L. 95–599, title I, § 107(f)(2),
Pub. L. 93–87, title I, § 110(c),
Amendment by Pub. L. 90–495 effective
Pub. L. 87–866, § 8(b),
Pub. L. 86–70, § 21(d),
Pub. L. 114–94, div. A, title I, § 1122(a)–(d),
Pub. L. 109–59, title I, § 1201,
Pub. L. 109–59, title I, § 1306,
Pub. L. 105–178, title I, § 1106(a),
Pub. L. 105–178, title I, § 1106(b),
Pub. L. 105–178, title I, § 1106(d),
Pub. L. 102–240, title I, § 1006(c),
Pub. L. 100–17, title I, § 103(a),
Pub. L. 100–17, title I, § 103(c),
Pub. L. 100–17, title I, § 137,
Pub. L. 97–424, title I, § 107(c)(2),
Pub. L. 96–144, § 3,
Pub. L. 95–599, title I, § 107(d),
Pub. L. 95–599, title I, § 107(e),
Pub. L. 94–280, title I, § 111(b),
Section 103(e)(4) of this title, as added Pub. L. 93–87, title I, § 137(b),
Pub. L. 93–87, title I, § 148(d),