1997 U.S. Code
Title 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
Sec. 139 - Additions to Interstate System

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§139. Additions to Interstate System

(a) Whenever the Secretary determines that a highway on the Federal-aid primary system meets all of the standards of a highway on the Interstate System and that such highway is a logical addition or connection to the Interstate System, he may, upon the affirmative recommendation of the State or States involved, designate such highway as a part of the Interstate System. The mileage of any highway designated as part of the Interstate System under this section shall not be charged against the limitation established by the first sentence of section 103(e) of this title. The designation of a highway as part of the Interstate System under this subsection shall create no Federal financial responsibility with respect to such highway; except that any State may use funds available to it under sections 104(b)(1) and 104(b)(5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any highway designated as a route on the Interstate System under this subsection before the date of enactment of this sentence.

(b) Whenever the Secretary determines that a highway on the Federal-aid primary system would be a logical addition or connection to the Interstate System and would qualify for designation as a route on that system in the same manner as set forth in paragraph 1 of subsection (e) of section 103 of this title, he may upon the affirmative recommendation of the State or States involved designate such highway as a future part of the Interstate System. Such designation shall be made only upon the written agreement of the State or States involved that such highway will be constructed to meet all the standards of a highway on the Interstate System within twelve years of the date of the agreement between the Secretary and the State or States involved. The mileage of any highway designated as a future part of the Interstate System under this subsection shall not be charged against the limitations established by the first sentence of section 103(e) of this title. The designation of a highway as part of the Interstate System under this subsection shall create no Federal financial responsibility with respect to such highway; except that any State may use funds available to it under sections 104(b)(1) and 104(b)(5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any highway designated as a route on the Interstate System under this subsection before the date of enactment of this sentence. In the event that the State or States involved have not substantially completed the construction of any highway designated under this subsection within the time provided for in the agreement between the Secretary and State or States involved, the Secretary shall remove the designation of such highway as a future part of the Interstate System. Removal of such designation as result of failure to comply with the agreement provided for in this subsection shall in no way prohibit the Secretary from designating such route as part of the Interstate System pursuant to subsection (a) of this section or under any other provision of law providing for addition to the Interstate System. No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision thereof, shall refer to any highway under this section, nor shall any such highway be signed or marked, as a highway on the Interstate System until such time as such highway is constructed to the geometric and construction standards for the Interstate System and has been designated as a part of the Interstate System.

(c) The Secretary shall designate those portions of highway segments on the Federal-aid primary system in States which have no Interstate System that are logical components to a system serving the State's principal cities, national defense needs and military installations, and traffic generated by rail, water, and air transportation modes. The designated segments shall have been constructed to the geometric and construction standards adequate for current and probable future traffic demands and the needs of the locality of the segment. The mileage of any highway designated as part of the Interstate System under this subsection shall not be charged against the limitation established by the first sentence of section 103(e)(1) of this title. The designation of a highway under this subsection shall create no Federal financial responsibility with respect to such highway, except that the State involved may use Federal-aid highway funds available to it under sections 104(b)(1) and 104(b)(5)(B) of this title, for the resurfacing, rehabilitation, restoration, and reconstruction of a highway designated as a route on the Interstate System under this subsection.

(Added Pub. L. 90–495, §16(a), Aug. 23, 1968, 82 Stat. 823; amended Pub. L. 91–605, title I, §§106(b)(1), 140, Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94–280, title I, §125, May 5, 1976, 90 Stat. 440; Pub. L. 97–134, §10, Dec. 29, 1981, 95 Stat. 1702; Pub. L. 97–424, title I, §116(a)(3), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98–229, §8(a), Mar. 9, 1984, 98 Stat. 56.)

References in Text

The date of enactment of this sentence, referred to in subsecs. (a) and (b), means the date of enactment of Pub. L. 98–229, which was approved Mar. 9, 1984.

Amendments

1984—Subsec. (a). Pub. L. 98–229 substituted “under this subsection” for “under this section”, “highway; except” for “highway, except”, “sections 104(b)(1) and 104(b)(5)(B) of this title” for “section 104(b)(1) of this title and, beginning with funds apportioned for fiscal year 1984, under section 104(b)(5)(B) of this title”, and “highway designated as a route on the Interstate System under this subsection before the date of enactment of this sentence” for “route or any portion thereof on the Interstate System on which a project may be approved under the second sentence of section 119(a) of this title”.

Subsec. (b). Pub. L. 98–229 substituted provision that designation of a highway as part of the Interstate System under this subsection create no Federal financial responsibility with respect to such highway, except that any State may use funds available to it under sections 104(b)(1) and 104(b)(5)(B) of this title for resurfacing, restoring, rehabilitating, and reconstructing any highway designated as a route on the Interstate System under this subsection before the date of enactment of this sentence for provision that designation of a highway as a future part of the Interstate System under this subsection create no Federal financial responsibility, except that Federal-aid highway funds otherwise available to States for the construction of Federal-aid primary system highways be used for reconstruction of a highway designated as a route on the Interstate System under this subsection.

1983—Subsec. (a). Pub. L. 97–424 inserted exception to disclaimer of Federal responsibility for designated highways that any State may use funds available to it under section 104(b)(1) of this title and, beginning with funds apportioned for fiscal year 1984, under section 104(b)(5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any route or portion thereof on the Interstate System on which a project may be approved under the second sentence of section 119(a) of this title.

1981—Subsec. (c). Pub. L. 97–134 added subsec. (c).

1976—Subsec. (b). Pub. L. 94–280 substituted “subsection (e) of section 103 of this title” and “section 103(e) of this title” for “subsection (d) of section 103 of this title” and “section 103(d) of this title”, respectively.

1970—Subsec. (a). Pub. L. 91–605, §§106(b)(1), 140, designated existing provisions as subsec. (a) and as so designated substituted “section 103(e)” for “section 103(d)”.

Subsec. (b). Pub. L. 91–605, §140, added subsec. (b).

Effective Date

Section effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 103, 104, 118, 119, 127 of this title.