Page:United States Statutes at Large Volume 101 Part 1.djvu/179

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 149

(2) Section 202 of the Departments of Commerce, Justice, State, the Judiciary, and Related Agencies Appropriation Act, 1985 is 23 USC 114 note. repealed. (3) Section 1761(d) of title 18, United States Code, is repealed. SEC. 113. ADVANCE CONSTRUCTION. (a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, AND SAFETY CONSTRUCTION PROJECTS.—Subsection (a) of section 115

of title 23, United States Code, is amended to read as follows:

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"(a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, AND SAFETY CONSTRUCTION PROJECTS.— "(1) GENERAL RULE.—Subject to paragraph (2), when a State—

"(A)(i) has obligated all funds apportioned or allocated to it under section 103(e)(4)(H), section 104(b)(2), section li ' 104(b)(6), section 104(f), section 130, section 144, section 152, or section 307 of this title, or "(ii) has used or demonstrates that it will use all obligas tion authority allocated to it for Federal-aid highways and ,i highway safety construction, and ,i "(B) proceeds with a project funded under such an apporr tionment or allocation without the aid of Federal funds in accordance with all procedures and all requirements ap< • plicable to such a project, except insofar as such procedures •^ and requirements limit the State to implementation of projects with the aid of Federal funds previously appore tioned or allocated to it or limit a State to implementation of a project with obligation authority previously allocated V to it for Federal-aid highways and highway safety construction, the Secretary, upon approval of an application of the State, is authorized to pay to the State the Federal share of the cost of the project when additional funds are apportioned or allocated to the State under such section or when additional obligation authority is allocated to it. c

"(2) PLANS, SPECIFICATIONS, AND APPLICABLE STANDARDS.—The

Secretary may only make payments to a State with respect to a project if— "(A) prior to commencement of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and "(B) the project conforms to the applicable standards under this title. "(3) LIMITATION WITH RESPECT TO CURRENTLY AUTHORIZED

FUNDS.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, 130, 144, 152, or 307 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State's expected apportionment of such authorizations. This paragraph shall have no effect during the period beginning January 1, 1987, and ending September 30, 1990.". (b) PRIMARY PROJECTS.—Subsection 0>X1) of such section is amended to read as follows: "(b) INTERSTATE AND PRIMARY PROJECTS.—

"(1) IN GENERAL.—When a State proceeds to construct any project on the Federal-aid primary system or the Interstate

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