National Minimum Drinking Age Act
TITLE 23 > CHAPTER 1 > § 158
§ 158. National minimum drinking age
(a) Withholding of Funds for Noncompliance.—
(1) In general.— The Secretary shall withhold 10 per centum of the amount required to be
apportioned to any State under each of sections 104 (b)(1), 104 (b)(3), and 104 (b)(4) of
this title on the first day of each fiscal year after the second fiscal year beginning after
September 30, 1985, in which the purchase or public possession in such State of any
alcoholic beverage by a person who is less than twenty-one years of age is lawful.
(2) State grandfather law as complying.— If, before the later of
(A) October 1, 1986, or
(B) the tenth day following the last day of the first session the legislature of a State
convenes after the date of the enactment of this paragraph, such State has in effect a law
which makes unlawful the purchase and public possession in such State of any alcoholic
beverage by a person who is less than 21 years of age (other than any person who is 18
years of age or older on the day preceding the effective date of such law and at such time
could lawfully purchase or publicly possess any alcoholic beverage in such State), such State
shall be deemed to be in compliance with paragraph (1) in each fiscal year in which such law
is in effect.
(b) Effect of Withholding of Funds.— No funds withheld under this section from
apportionment to any State after September 30, 1988, shall be available for apportionment
to that State.
(c) Alcoholic Beverage Defined.— As used in this section, the term ―alcoholic beverage‖
means—
(1) beer as defined in section 5052(a) of the Internal Revenue Code of 1986,
(2) wine of not less than one-half of 1 per centum of alcohol by volume, or
(3) distilled spirits as defined in section 5002(a)(8) of such Code.
§ 159. Revocation or suspension of drivers’ licenses of individuals
convicted of drug offenses
(a) Withholding of Apportionments for Noncompliance.—
(1) Beginning in fiscal year 1994.— For each fiscal year the Secretary shall withhold 5
percent of the amount required to be apportioned to any State under each of paragraphs (1),
(3), and (5) (as in effect on the day before the date of enactment of the Transportation
Equity Act for the 21st Century) of section 104 (b) on the first day of each fiscal year which
begins after the second calendar year following the effective date of this section if the State
does not meet the requirements of paragraph (3) on such date.
(2) Beginning in fiscal year 1996.— The Secretary shall withhold 10 percent (including
any amounts withheld under paragraph (1)) of the amount required to be apportioned to any
State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st Century) of section 104 (b) on the
first day of each fiscal year which begins after the fourth calendar year following the effective
date of this section if the State does not meet the requirements of paragraph (3) on the first
day of such fiscal year.
(3) Requirements.— A State meets the requirements of this paragraph if—
(A) the State has enacted and is enforcing a law that requires in all circumstances, or
requires in the absence of compelling circumstances warranting an exception—
(i) the revocation, or suspension for at least 6 months, of the driver’s license of any
individual who is convicted, after the enactment of such law, of—
(I) any violation of the Controlled Substances Act, or
(II) any drug offense; and
(ii) a delay in the issuance or reinstatement of a driver’s license to such an individual for at
least 6 months after the individual applies for the issuance or reinstatement of a driver’s
license if the individual does not have a driver’s license, or the driver’s license of the
individual is suspended, at the time the individual is so convicted; or
(B) the Governor of the State—
(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly
scheduled session of the State’s legislature which begins after the effective date of this
section a written certification stating that the Governor is opposed to the enactment or
enforcement in the State of a law described in subparagraph (A), relating to the revocation,
suspension, issuance, or reinstatement of drivers’ licenses to convicted drug offenders; and
(ii) submits to the Secretary a written certification that the legislature (including both Houses
where applicable) has adopted a resolution expressing its opposition to a law described in
clause (i).
(b) Period of Availability; Effect of Compliance and Noncompliance.—
(1) Period of availability of withheld funds.—
(A) Funds withheld on or before september 30, 1995.— Any funds withheld under
subsection (a) from apportionment to any State on or before September 30, 1995, shall
remain available for apportionment to such State as follows:
(i) If such funds would have been apportioned under section 104 (b)(5)(A) (as in effect on
the day before the date of enactment of the Transportation Equity Act for the 21st Century)
but for this section, such funds shall remain available until the end of the fiscal year for which
such funds are authorized to be appropriated.
(ii) If such funds would have been apportioned under section 104 (b)(5)(B) (as in effect on
the day before the date of enactment of the Transportation Equity Act for the 21st Century)
but for this section, such funds shall remain available until the end of the second fiscal year
following the fiscal year for which such funds are authorized to be appropriated.
(iii) If such funds would have been apportioned under paragraph (1), (3), or (5) (as in effect
on the day before the date of enactment of the Transportation Equity Act for the 21st Century)
of section 104 (b) but for this section, such funds shall remain available until the end of the
third fiscal year following the fiscal year for which such funds are authorized to be
appropriated.
(B) Funds withheld after september 30, 1995.— No funds withheld under this section
from apportionment to any State after September 30, 1995, shall be available for
apportionment to such State.
(2) Apportionment of withheld funds after compliance.— If, before the last day of the
period for which funds withheld under subsection (a) from apportionment are to remain
available for apportionment to a State under paragraph (1), the State meets the
requirements of subsection (a)(3), the Secretary shall, on the first day on which the State
meets the requirements of subsection (a)(3), apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the State.
(3) Period of availability of subsequently apportioned funds.— Any funds apportioned
pursuant to paragraph (2) shall remain available for expenditure as follows:
(A) Funds which would have been originally apportioned under section 104 (b)(5)(A) (as in
effect on the day before the date of enactment of the Transportation Equity Act for the 21st
Century) shall remain available until the end of the fiscal year succeeding the fiscal year in
which such funds are apportioned under paragraph (2).
(B) Funds which would have been originally apportioned under paragraph (1), (3), or (5)(B)
(as in effect on the day before the date of enactment of the Transportation Equity Act for the
21st Century) of section 104 (b) shall remain available until the end of the third fiscal year
succeeding the fiscal year in which such funds are so apportioned.
Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned
under section 104 (b)(5) (as in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), shall lapse and be made available by the
Secretary for projects in accordance with section 118 (b).
(4) Effect of noncompliance.— If, at the end of the period for which funds withheld under
subsection (a) from apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds
shall lapse or, in the case of funds withheld from apportionment under section 104 (b)(5) (as
in effect on the day before the date of enactment of the Transportation Equity Act for the 21st
Century), such funds shall lapse and be made available by the Secretary for projects in
accordance with section 118 (b).
(c) Definitions.— For purposes of this section—
(1) Driver’s license.— The term ―driver’s license‖ means a license issued by a State to any
individual that authorizes the individual to operate a motor vehicle on highways.
(2) Drug offense.— The term ―drug offense‖ means any criminal offense which proscribes—
(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or
conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the
possession of which is prohibited under the Controlled Substances Act; or
(B) the operation of a motor vehicle under the influence of such a substance.
(3) Convicted.— The term ―convicted‖ includes adjudicated under juvenile proceedings.
§ 160. Reimbursement for segments of the Interstate System
constructed without Federal assistance
(a) General Authority.— The Secretary shall allocate to the States in each of fiscal years
1996 and 1997 amounts determined under subsection (b) for reimbursement of their original
contributions to construction of segments of the Interstate System which were constructed
without Federal financial assistance.
(b) Determination of Reimbursement Amount.— The amount to be reimbursed to a
State in each of fiscal years 1996 and 1997 under this section shall be determined by
multiplying the amount made available for carrying out this section for such fiscal year by the
reimbursement percentage set forth in the table contained in subsection (c).
(c) Reimbursement Table.— For purposes of carrying out this section, the reimbursement
percentage, the original cost for constructing the Interstate System, and the total
reimbursable amount for each State is set forth in the following table:
States
Original
millions
Alabama
$9
Alaska
cost
in Reimbursement
percentage
Reimbursable
millions
0.50
$147
0.50
147
Arizona
20
0.50
147
Arkansas
6
0.50
147
California
298
5.42
1,591
Colorado
23
0.50
147
Connecticut
314
5.71
1,676
Delaware
39
0.71
209
Florida
31
0.56
164
Georgia
46
0.84
246
0.50
147
Hawaii
Idaho
5
0.50
147
Illinois
475
8.62
2,533
Indiana
167
3.03
892
Iowa
5
0.50
147
Kansas
101
1.84
540
Kentucky
32
0.57
169
Louisiana
22
0.50
147
Maine
38
0.69
204
Maryland
154
2.79
820
Massachusetts 283
5.14
1,511
Michigan
228
4.14
1,218
Minnesota
16
0.50
147
Mississippi
6
0.50
147
Missouri
74
1.35
396
amount
in
Montana
5
0.50
147
Nebraska
1
0.50
147
Nevada
2
0.50
147
New
Hampshire
8
0.50
147
New Jersey
353
6.41
1,882
New Mexico
8
0.50
147
New York
929
16.88
4,960
North Carolina 36
0.65
191
North Dakota
3
0.50
147
Ohio
257
4.68
1,374
Oklahoma
91
1.66
486
Oregon
78
1.42
417
Pennsylvania
354
6.43
1,888
Rhode Island
12
0.50
147
South Carolina 4
0.50
147
South Dakota
5
0.50
147
Tennessee
7
0.50
147
Texas
200
3.64
1,069
Utah
6
0.50
147
Vermont
1
0.50
147
Virginia
111
2.01
591
Washington
73
1.32
389
West Virginia
5
0.50
147
Wisconsin
8
0.50
147
Wyoming
9
0.50
147
D.C.
9
0.50
147
TOTALS
$4,967
100.00
$29,384
(d) Transfer of Reimbursable Amounts to STP Apportionment.— Subject to subsection
(e) of this section, the Secretary shall transfer amounts allocated to a State pursuant to this
section to the apportionment of such State under section 104 (b)(3) for the surface
transportation program.
(e) Limitation on Applicability of Certain Requirements of STP Program.— The
following provisions of section 133 of this title shall not apply to 1/2 of the amounts
transferred under subsection (d) to the apportionment of the State for the surface
transportation program:
(1) Subsection (d)(1).[1]
(2) Subsection (d)(2).
(3) Subsection (d)(3).
(f) Authorization of Appropriations.— There is authorized to be appropriated, out of the
Highway Trust Fund (other than the Mass Transit Account), $2,000,000,000 per fiscal year for
each of fiscal years 1996 and 1997 to carryout this section.
§ 161. Operation of motor vehicles by intoxicated minors
(a) Withholding of Apportionments for Noncompliance.—
(1) Fiscal year 1999.— The Secretary shall withhold 5 percent of the amount required to be
apportioned to any State under each of paragraphs (1), (3), and (4) of section 104 (b) on
October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.
(2) Thereafter.— The Secretary shall withhold 10 percent (including any amounts withheld
under paragraph (1)) of the amount required to be apportioned to any State under each of
paragraphs (1), (3), and (4) of section 104 (b) on October 1, 1999, and on October 1 of each
fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that
date.
(3) Requirement.— A State meets the requirement of this paragraph if the State has
enacted and is enforcing a law that considers an individual under the age of 21 who has a
blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the
State to be driving while intoxicated or driving under the influence of alcohol.
(b) Period of Availability; Effect of Compliance and Noncompliance.—
(1) Period of availability of withheld funds.—
(A) Funds withheld on or before september 30, 2000.— Any funds withheld under
subsection (a) from apportionment to any State on or before September 30, 2000, shall
remain available until the end of the third fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
(B) Funds withheld after september 30, 2000.— No funds withheld under this section
from apportionment to any State after September 30, 2000, shall be available for
apportionment to the State.
(2) Apportionment of withheld funds after compliance.— If, before the last day of the
period for which funds withheld under subsection (a) from apportionment are to remain
available for apportionment to a State under paragraph (1), the State meets the requirement
of subsection (a)(3), the Secretary shall, on the first day on which the State meets the
requirement, apportion to the State the funds withheld under subsection (a) that remain
available for apportionment to the State.
(3) Period of availability of subsequently apportioned funds.— Any funds apportioned
pursuant to paragraph (2) shall remain available for expenditure until the end of the third
fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated
at the end of that period shall lapse.
(4) Effect of noncompliance.— If, at the end of the period for which funds withheld under
subsection (a) from apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall
lapse
§ 162. National scenic byways program
(a) Designation of Roads.—
(1) In general.— The Secretary shall carry out a national scenic byways program that
recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as—
(A) National Scenic Byways;
(B) All-American Roads; or
(C) America’s Byways.
(2) Criteria.— The Secretary shall designate roads to be recognized under the national
scenic byways program in accordance with criteria developed by the Secretary.
(3) Nomination.—
(A) In general.— To be considered for a designation, a road must be nominated by a State,
an Indian tribe, or a Federal land management agency and must first be designated as a
State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as
a Federal land management agency byway.
(B) Nomination by indian tribes.— An Indian tribe may nominate a road as a National
Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1) only if
a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a
political subdivision of a State does not have—
(i) jurisdiction over the road; or
(ii) responsibility for managing the road.
(C) Safety.— An Indian tribe shall maintain the safety and quality of roads nominated by the
Indian tribe under subparagraph (A).
(4) Reciprocal notification.— States, Indian tribes, and Federal land management agencies
shall notify each other regarding nominations made under this subsection for roads that—
(A) are within the jurisdictional boundary of the State, Federal land management agency, or
Indian tribe; or
(B) directly connect to roads for which the State, Federal land management agency, or
Indian tribe is responsible.
(b) Grants and Technical Assistance.—
(1) In general.— The Secretary shall make grants and provide technical assistance to
States and Indian tribes to—
(A) implement projects on highways designated as—
(i) National Scenic Byways;
(ii) All-American Roads;
(iii) America’s Byways;
(iv) State scenic byways; or
(v) Indian tribe scenic byways; and
(B) plan, design, and develop a State or Indian tribe scenic byway program.
(2) Priorities.— In making grants, the Secretary shall give priority to—
(A) each eligible project that is associated with a highway that has been designated as a
National Scenic Byway, All-American Road, or 1 of America’s Byways and that is consistent
with the corridor management plan for the byway;
(B) each eligible project along a State or Indian tribe scenic byway that is consistent with the
corridor management plan for the byway, or is intended to foster the development of such a
plan, and is carried out to make the byway eligible for designation as—
(i) a National Scenic Byway;
(ii) an All-American Road; or
(iii) 1 of America’s Byways; and
(C) each eligible project that is associated with the development of a State or Indian tribe
scenic byway program.
(c) Eligible Projects.— The following are projects that are eligible for Federal assistance
under this section:
(1) An activity related to the planning, design, or development of a State or Indian tribe
scenic byway program.
(2) Development and implementation of a corridor management plan to maintain the scenic,
historical, recreational, cultural, natural, and archaeological characteristics of a byway
corridor while providing for accommodation of increased tourism and development of related
amenities.
(3) Safety improvements to a State scenic byway, Indian tribe scenic byway, National Scenic
Byway, All-American Road, or one of America’s Byways to the extent that the improvements
are necessary to accommodate increased traffic and changes in the types of vehicles using
the highway as a result of the designation as a State scenic byway, Indian tribe scenic byway,
National Scenic Byway, All-American Road, or one of America’s Byways.
(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area,
turnout, highway shoulder improvement, overlook, or interpretive facility.
(5) An improvement to a scenic byway that will enhance access to an area for the purpose of
recreation, including water-related recreation.
(6) Protection of scenic, historical, recreational, cultural, natural, and archaeological
resources in an area adjacent to a scenic byway.
(7) Development and provision of tourist information to the public, including interpretive
information about a scenic byway.
(8) Development and implementation of a scenic byway marketing program.
(d) Limitation.— The Secretary shall not make a grant under this section for any project
that would not protect the scenic, historical, recreational, cultural, natural, and archaeological
integrity of a highway and adjacent areas.
(e) Savings Clause.— The Secretary shall not withhold any grant or impose any
requirement on a State or Indian tribe as a condition of providing a grant or technical
assistance for any scenic byway unless the requirement is consistent with the authority
provided in this chapter.
(f) Federal Share.— The Federal share of the cost of carrying out a project under this
section shall be 80 percent, except that, in the case of any scenic byway project along a
public road that provides access to or within Federal or Indian land, a Federal land
management agency may use funds authorized for use by the agency as the non-Federal
share
§ 163. Safety incentives to prevent operation of motor vehicles
by intoxicated persons
(a) General Authority.— The Secretary shall make a grant, in accordance with this section,
to any State that has enacted and is enforcing a law that provides that any person with a
blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the
State shall be deemed to have committed a per se offense of driving while intoxicated (or an
equivalent per se offense).
(b) Grants.— For each fiscal year, funds authorized to carry out this section shall be
apportioned to each State that has enacted and is enforcing a law meeting the requirements
of subsection (a) in an amount determined by multiplying—
(1) the amount authorized to carry out this section for the fiscal year; by
(2) the ratio that the amount of funds apportioned to each such State under section 402 for
such fiscal year bears to the total amount of funds apportioned to all such States under
section 402 for such fiscal year.
(c) Use of Grants.— A State may obligate funds apportioned under subsection (b) for any
project eligible for assistance under this title.
(d) Federal Share.— The Federal share of the cost of a project funded under this section
shall be 100 percent.
(e) Penalty.—
(1) In general.— On October 1, 2003, and October 1 of each fiscal year thereafter, if a
State has not enacted or is not enforcing a law described in subsection (a), the Secretary
shall withhold from amounts apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104 (b) an amount equal to the amount specified in paragraph (2).
(2) Amount to be withheld.— If a State is subject to a penalty under paragraph (1), the
Secretary shall withhold for a fiscal year from the apportionments of the State described in
paragraph (1) an amount equal to a percentage of the funds apportioned to the State under
paragraphs (1), (3), and (4) of section 104 (b) for fiscal year 2003. The percentage shall be
as follows:
(A) For fiscal year 2004, 2 percent.
(B) For fiscal year 2005, 4 percent.
(C) For fiscal year 2006, 6 percent.
(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent.
(3) Failure to comply.— If, within 4 years from the date that an apportionment for a State
is withheld in accordance with this subsection, the Secretary determines that the State has
enacted and is enforcing a law described in subsection (a), the apportionment of the State
shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year
period, any State has not enacted or is not enforcing a law described in subsection (a) any
amounts so withheld from such State shall lapse.
(f) Authorization of Appropriations.—
(1) In general.— There are authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) to carry out this section $55,000,000 for fiscal year
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000 for
fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003,
$110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for
the period of October 1, 2004, through July 30, 2005.[1]
(2) Availability of funds.— Notwithstanding section 118 (b)(2), the funds authorized by
this subsection shall remain available until expended.
§ 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.— In this section, the following definitions apply:
(1) Alcohol concentration.— The term ―alcohol concentration‖ means grams of alcohol per
100 milliliters of blood or grams of alcohol per 210 liters of breath.
(2) Driving while intoxicated; driving under the influence.— The terms ―driving while
intoxicated‖ and ―driving under the influence‖ mean driving or being in actual physical control
of a motor vehicle while having an alcohol concentration above the permitted limit as
established by each State.
(3) License suspension.— The term ―license suspension‖ means the suspension of all
driving privileges.
(4) Motor vehicle.— The term ―motor vehicle‖ means a vehicle driven or drawn by
mechanical power and manufactured primarily for use on public highways, but does not
include a vehicle operated solely on a rail line or a commercial vehicle.
(5) Repeat intoxicated driver law.— The term ―repeat intoxicated driver law‖ means a
State law that provides, as a minimum penalty, that an individual convicted of a second or
subsequent offense for driving while intoxicated or driving under the influence after a
previous conviction for that offense shall—
(A) receive—
(i) a driver’s license suspension for not less than 1 year; or
(ii) a combination of suspension of all driving privileges for the first 45 days of the
suspension period followed by a reinstatement of limited driving privileges for the purpose of
getting to and from work, school, or an alcohol treatment program if an ignition interlock
device is installed on each of the motor vehicles owned or operated, or both, by the individual;
(B) be subject to the impoundment or immobilization of, or the installation of an ignition
interlock system on, each motor vehicle owned or operated, or both, by the individual;
(C) receive an assessment of the individual’s degree of abuse of alcohol and treatment as
appropriate; and
(D) receive—
(i) in the case of the second offense—
(I) an assignment of not less than 30 days of community service; or
(II) not less than 5 days of imprisonment; and
(ii) in the case of the third or subsequent offense—
(I) an assignment of not less than 60 days of community service; or
(II) not less than 10 days of imprisonment.
(b) Transfer of Funds.—
(1) Fiscal years 2001 and 2002.— On October 1, 2000, and October 1, 2001, if a State
has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall
transfer an amount equal to 11/2 percent of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section 104 (b) to the apportionment of the
State under section 402—
(A) to be used for alcohol-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws
prohibiting driving while intoxicated or driving under the influence and other related laws
(including regulations), including the purchase of equipment, the training of officers, and the
use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated
to enforcement of the laws (including regulations).
(2) Fiscal year 2003 and fiscal years thereafter.— On October 1, 2002, and each
October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver
law, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to
the State on that date under each of paragraphs (1), (3), and (4) of section 104 (b) to the
apportionment of the State under section 402 to be used or directed as described in
subparagraph (A) or (B) of paragraph (1).
(3) Use for hazard elimination program.— A State may elect to use all or a portion of the
funds transferred under paragraph (1) or (2) for activities eligible under section 148.
(4) Federal share.— The Federal share of the cost of a project carried out with funds
transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.— The amount to be transferred under
paragraph (1) or (2) may be derived from one or more of the following:
(A) The apportionment of the State under section 104 (b)(1).
(B) The apportionment of the State under section 104 (b)(3).
(C) The apportionment of the State under section 104 (b)(4).
(6) Transfer of obligation authority.—
(A) In general.— If the Secretary transfers under this subsection any funds to the
apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of obligation authority distributed for the fiscal
year to the State for Federal-aid highways and highway safety construction programs for
carrying out projects under section 402.
(B) Amount.— The amount of obligation authority referred to in subparagraph (A) shall be
determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the
State under section 402 for the fiscal year, by
(ii) the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federalaid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway
safety construction programs (excluding sums not subject to any obligation limitation) for the
fiscal year.
(7) Limitation on applicability of obligation limitation.— Notwithstanding any other
provision of law, no limitation on the total of obligations for highway safety programs under
section 402 shall apply to funds transferred under this subsection to the apportionment of a
State under such section.
§ 165. Puerto Rico highway program
(a) In General.— The Secretary shall allocate funds made available to carry out this
section for each of fiscal years 2005 through 2009 to the Commonwealth of Puerto Rico to
carry out a highway program in the Commonwealth.
(b) Applicability of Title.— Amounts made available by section 1101(a)(14) of the
SAFETEA–LU shall be available for obligation in the same manner as if such funds were
apportioned under this chapter.
(c) Treatment of Funds.— Amounts made available to carry out this section for a fiscal
year shall be administered as follows:
(1) Apportionment.— For the purpose of imposing any penalty under this title or title 49,
the amounts shall be treated as being apportioned to Puerto Rico under sections 104 (b) and
144, for each program funded under those sections in an amount determined by
multiplying—
(A) the aggregate of the amounts for the fiscal year; by
(B) the ratio that—
(i) the amount of funds apportioned to Puerto Rico for each such program for fiscal year
1997; bears to
(ii) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year
1997.
(2) Penalty.— The amounts treated as being apportioned to Puerto Rico under each section
referred to in paragraph (1) shall be deemed to be required to be apportioned to Puerto Rico
under that section for purposes of the imposition of any penalty under this title or title 49.
(d) Effect on Allocations and Apportionments.— Subject to subsection (c)(2), nothing in
this section affects any allocation under section 105 and any apportionment under sections
104 and 144.
§ 166. HOV facilities
(a) In General.—
(1) Authority of state agencies.— A State agency that has jurisdiction over the operation
of a HOV facility shall establish the occupancy requirements of vehicles operating on the
facility.
(2) Occupancy requirement.— Except as otherwise provided by this section, no fewer than
two occupants per vehicle may be required for use of a HOV facility.
(b) Exceptions.—
(1) In general.— Notwithstanding the occupancy requirement of subsection (a)(2), the
exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating
a HOV facility.
(2) Motorcycles and bicycles.—
(A) In general.— Subject to subparagraph (B), the State agency shall allow motorcycles
and bicycles to use the HOV facility.
(B) Safety exception.—
(i) In general.— A State agency may restrict use of the HOV facility by motorcycles or
bicycles (or both) if the agency certifies to the Secretary that such use would create a safety
hazard and the Secretary accepts the certification.
(ii) Acceptance of certification.— The Secretary may accept a certification under this
subparagraph only after the Secretary publishes notice of the certification in the Federal
Register and provides an opportunity for public comment.
(3) Public transportation vehicles.— The State agency may allow public transportation
vehicles to use the HOV facility if the agency—
(A) establishes requirements for clearly identifying the vehicles; and
(B) establishes procedures for enforcing the restrictions on the use of the facility by the
vehicles.
(4) High occupancy toll vehicles.— The State agency may allow vehicles not otherwise
exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay
a toll charged by the agency for use of the facility and the agency—
(A) establishes a program that addresses how motorists can enroll and participate in the toll
program;
(B) develops, manages, and maintains a system that will automatically collect the toll; and
(C) establishes policies and procedures to—
(i) manage the demand to use the facility by varying the toll amount that is charged; and
(ii) enforce violations of use of the facility.
(5) Low emission and energy-efficient vehicles.—
(A) Inherently low emission vehicle.— Before September 30, 2009, the State agency
may allow vehicles that are certified as inherently low-emission vehicles pursuant to section
88.311–93 of title 40, Code of Federal Regulations (or successor regulations), and are labeled
in accordance with section 88.312–93 of such title (or successor regulations), to use the HOV
facility if the agency establishes procedures for enforcing the restrictions on the use of the
facility by the vehicles.
(B) Other low emission and energy-efficient vehicles.— Before September 30, 2009,
the State agency may allow vehicles certified as low emission and energy-efficient vehicles
under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if
the operators of the vehicles pay a toll charged by the agency for use of the facility and the
agency—
(i) establishes a program that addresses the selection of vehicles under this paragraph; and
(ii) establishes procedures for enforcing the restrictions on the use of the facility by the
vehicles.
(C) Amount of tolls.— Under subparagraph (B), a State agency may charge no toll or may
charge a toll that is less than tolls charged under paragraph (4).
(c) Requirements Applicable to Tolls.—
(1) In general.— Tolls may be charged under paragraphs (4) and (5) of subsection (b)
notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to
the requirements of section 129.
(2) HOV facilities on the interstate system.— Notwithstanding section 129, tolls may be
charged under paragraphs (4) and (5) of subsection (b) on a HOV facility on the Interstate
System.
(3) Excess toll revenues.— If a State agency makes a certification under section 129 (a)(3)
with respect to toll revenues collected under paragraphs (4) and (5) of subsection (b), the
State, in the use of toll revenues under that sentence, shall give priority consideration to
projects for developing alternatives to single occupancy vehicle travel and projects for
improving highway safety.
(d) HOV Facility Management, Operation, Monitoring, and Enforcement.—
(1) In general.— A State agency that allows vehicles to use a HOV facility under paragraph
(4) or (5) of subsection (b) in a fiscal year shall certify to the Secretary that the agency will
carry out the following responsibilities with respect to the facility in the fiscal year:
(A) Establishing, managing, and supporting a performance monitoring, evaluation, and
reporting program for the facility that provides for continuous monitoring, assessment, and
reporting on the impacts that the vehicles may have on the operation of the facility and
adjacent highways.
(B) Establishing, managing, and supporting an enforcement program that ensures that the
facility is being operated in accordance with the requirements of this section.
(C) Limiting or discontinuing the use of the facility by the vehicles if the presence of the
vehicles has degraded the operation of the facility.
(2) Degraded facility.—
(A) Definition of minimum average operating speed.— In this paragraph, the term
―minimum average operating speed‖ means—
(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or
greater; and
(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with
a speed limit of less than 50 miles per hour.
(B) Standard for determining degraded facility.— For purposes of paragraph (1), the
operation of a HOV facility shall be considered to be degraded if vehicles operating on the
facility are failing to maintain a minimum average operating speed 90 percent of the time
over a consecutive 180-day period during morning or evening weekday peak hour periods (or
both).
(C) Management of low emission and energy-efficient vehicles.— In managing the use
of HOV lanes by low emission and energy-efficient vehicles that do not meet applicable
occupancy requirements, a State agency may increase the percentages described in
subsection (f)(3)(B)(i).
(e) Certification of Low Emission and Energy-Efficient Vehicles.— Not later than 180
days after the date of enactment of this section, the Administrator of the Environmental
Protection Agency shall—
(1) issue a final rule establishing requirements for certification of vehicles as low emission
and energy-efficient vehicles for purposes of this section and requirements for the labeling of
the vehicles; and
(2) establish guidelines and procedures for making the vehicle comparisons and performance
calculations described in subsection (f)(3)(B), in accordance with section 32908 (b) of title 49.
(f) Definitions.— In this section, the following definitions apply:
(1) Alternative fuel vehicle.— The term ―alternative fuel vehicle‖ means a vehicle that is
operating on—
(A) methanol, denatured ethanol, or other alcohols;
(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other
alcohols by volume with gasoline or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from biological materials;
(H) electricity (including electricity from solar energy); or
(I) any other fuel that the Secretary prescribes by regulation that is not substantially
petroleum and that would yield substantial energy security and environmental benefits,
including fuels regulated under section 490 of title 10, Code of Federal Regulations (or
successor regulations).
(2) HOV facility.— The term ―HOV facility‖ means a high occupancy vehicle facility.
(3) Low emission and energy-efficient vehicle.— The term ―low emission and energyefficient vehicle‖ means a vehicle that—
(A) has been certified by the Administrator as meeting the Tier II emission level established
in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42
U.S.C. 7521 (i)) for that make and model year vehicle; and
(B)
(i) is certified by the Administrator of the Environmental Protection Agency, in consultation
with the manufacturer, to have achieved not less than a 50-percent increase in city fuel
economy or not less than a 25-percent increase in combined city-highway fuel economy (or
such greater percentage of city or city-highway fuel economy as may be determined by a
State under subsection (d)(2)(C)) relative to a comparable vehicle that is an internal
combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from
onboard hybrid sources); or
(ii) is an alternative fuel vehicle.
(4) Public transportation vehicle.— The term ―public transportation vehicle‖ means a
vehicle that—
(A) provides designated public transportation (as defined in section 221 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12141) or provides public school transportation (to
and from public or private primary, secondary, or tertiary schools); and
(B)
(i) is owned or operated by a public entity;
(ii) is operated under a contract with a public entity; or
(iii) is operated pursuant to a license by the Secretary or a State agency to provide
motorbus or school vehicle transportation services to the public.
(5) State agency.—
(A) In general.— The term ―State agency‖, as used with respect to a HOV facility, means an
agency of a State or local government having jurisdiction over the operation of the facility.
(B) Inclusion.— The term ―State agency‖ includes a State transportation department
§ § 181 to 190. Renumbered § § 601 to 610]