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U.S. Code as of:
01/19/04
Section 204. Federal Lands Highways Program
(a) Establishment. -
(1) In general. - Recognizing the need for all Federal roads
that are public roads to be treated under uniform policies
similar to the policies that apply to Federal-aid highways, there
is established a coordinated Federal lands highways program that
shall apply to public lands highways, park roads and parkways,
and Indian reservation roads and bridges.
(2) Transportation planning procedures. - In consultation with
the Secretary of each appropriate Federal land management agency,
the Secretary shall develop, by rule, transportation planning
procedures that are consistent with the metropolitan and
statewide planning processes required under sections 134 and 135.
(3) Approval of transportation improvement program. - The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
(4) Inclusion in other plans. - All regionally significant
Federal lands highways program projects -
(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
(B) shall be included in appropriate Federal lands highways
program, State, and metropolitan plans and transportation
improvement programs.
(5) Inclusion in state programs. - The approved Federal lands
highways program transportation improvement program shall be
included in appropriate State and metropolitan planning
organization plans and programs without further action on the
transportation improvement program.
(6) Development of systems. - The Secretary and the Secretary
of each appropriate Federal land management agency shall, to the
extent appropriate, develop by rule safety, bridge, pavement, and
congestion management systems for roads funded under the Federal
lands highways program.
(b) Funds available for public lands highways, park roads and
parkways, and Indian reservation roads shall be used by the
Secretary and the Secretary of the appropriate Federal land
management agency to pay for the cost of transportation planning,
research, engineering, and construction of the highways, roads, and
parkways, or of transit facilities within public lands, national
parks, and Indian reservations. In connection with activities under
the preceding sentence, the Secretary and the Secretary of the
appropriate Federal land management agency may enter into
construction contracts and other appropriate contracts with a State
or civil subdivision of a State or Indian tribe. In the case of
Indian reservation roads, Indian labor may be employed in such
construction and improvement under such rules and regulations as
may be prescribed by the Secretary of the Interior. No ceiling on
Federal employment shall be applicable to construction or
improvement of Indian reservation roads. Funds available for each
class of Federal lands highways shall be available for any kind of
transportation project eligible for assistance under this title
that is within or adjacent to or provides access to the areas
served by the particular class of Federal lands highways. The
Secretary of Interior may reserve funds from the Bureau of Indian
Affairs' administrative funds associated with the Indian
reservation roads program to finance the Indian technical centers
authorized under section 504(b).
(c) Before approving as a project on an Indian reservation road
any project eligible for funds apportioned under section 104 or
section 144 of this title in a State, the Secretary must determine
that the obligation of funds for such project is supplementary to
and not in lieu of the obligation, for projects on Indian
reservation roads, of a fair and equitable share of funds
apportioned to such State under section 104 of this title.
Notwithstanding any other provision of this title, Indian
reservation roads under the jurisdiction of the Bureau of Indian
Affairs of the Department of the Interior shall be eligible to
expend not more than 15 percent funds (!1) apportioned for Indian
reservation roads from the Highway Trust Fund for the purpose of
road sealing projects. The Bureau of Indian Affairs shall continue
to retain responsibility, including annual funding request
responsibility, for road maintenance programs on Indian
reservations.
(d) Cooperation of States, counties, or other local subdivisions
may be accepted in construction and improvement, and any funds
received from a State, county, or local subdivision shall be
credited to appropriations available for the class of Federal lands
highways to which such funds were contributed.
(e) Construction of each project shall be performed by contract
awarded by competitive bidding, unless the Secretary or the
Secretary of the appropriate Federal land management agency shall
affirmatively find that, under the circumstances relating to such
project, some other method is in the public interest.
Notwithstanding the foregoing, the provisions of section 23 of the
"Buy Indian" Act of June 25, 1910 (36 Stat. 891), and the
provisions of section 7(b) of the Indian Self-Determination and
Education Assistance Act (88 Stat. 2205) shall apply to all funds
administered by the Secretary of the Interior which are
appropriated for the construction and improvement of Indian
reservation roads.
(f) All appropriations for the construction and improvement of
each class of Federal lands highways shall be administered in
conformity with regulations and agreements jointly approved by the
Secretary and the Secretary of the appropriate Federal land
managing agency.
(g) The Secretary shall transfer to the Secretary of Agriculture
from appropriations for forest highways such amounts as may be
needed to cover necessary administrative expenses of the Forest
Service in connection with forest highways.
(h) Eligible Projects. - Funds available for each class of
Federal lands highways may be available for the following:
(1) Transportation planning for tourism and recreational travel
including the National Forest Scenic Byways Program, Bureau of
Land Management Back Country Byways Program, National Trail
System Program, and other similar Federal programs that benefit
recreational development.
(2) Adjacent vehicular parking areas.
(3) Interpretive signage.
(4) Acquisition of necessary scenic easements and scenic or
historic sites.
(5) Provision for pedestrians and bicycles.
(6) Construction and reconstruction of roadside rest areas
including sanitary and water facilities.
(7) Other appropriate public road facilities such as visitor
centers as determined by the Secretary.
(8) A project to build a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National Recreation
Area between Nevada and Arizona.
(i) Transfers of Costs to Secretaries of Federal Land Management
Agencies. -
(1) Administrative costs. - The Secretary shall transfer to the
appropriate Federal land management agency from amounts made
available for public lands highways such amounts as are necessary
to pay necessary administrative costs of the agency in connection
with public lands highways.
(2) Transportation planning costs. - The Secretary shall
transfer to the appropriate Federal land management agency from
amounts made available for public lands highways such amounts as
are necessary to pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding for the
planning is not otherwise provided under this section.
(j) Indian Reservation Roads Planning. - Up to 2 percent of funds
made available for Indian reservation roads for each fiscal year
shall be allocated to those Indian tribal governments applying for
transportation planning pursuant to the provisions of the Indian
Self-Determination and Education Assistance Act. The Indian tribal
government, in cooperation with the Secretary of the Interior, and
as appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation planning
process in accordance with subsection (a). Projects shall be
selected by the Indian tribal government from the transportation
improvement program and shall be subject to the approval of the
Secretary of the Interior and the Secretary.
(k) Refuge Roads. -
(1) In general. - Notwithstanding any other provision of this
title, funds made available for refuge roads shall be used by the
Secretary and the Secretary of the Interior only to pay the cost
of -
(A) maintenance and improvements of refuge roads;
(B) maintenance and improvements of eligible projects
described in paragraphs (2), (5), and (6) of subsection (h)
that are located in or adjacent to wildlife refuges; and
(C) administrative costs associated with such maintenance and
improvements.
(2) Contracts. - In carrying out paragraph (1), the Secretary
and the Secretary of the Interior, as appropriate, may enter into
contracts with a State or civil subdivision of a State or Indian
tribe as is determined advisable.
(3) Compliance with other law. - Funds made available for
refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
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