Page:United States Statutes at Large Volume 105 Part 3.djvu/42

 105 STAT. 1926 PUBLIC LAW 102-240—DEC. 18, 1991 "(A) if such highway or transit project is in the same corridor as, and in proximity to, a fully access controlled highway designated to the National Highway System; (B) if the construction or improvements will improve the level of service on the fully access controlled highway and improve regional travel; and (C) if the construction or improvements are more cost effective than an improvement to the fully access controlled highway that has benefits comparable to the benefits which will be achieved by the construction of, or improvements to, the highway not on the National Highway System. "(4) Highway safety improvements for segments of the National Highway System. "(5) Transportation planning in accordance with sections 134 and 135. "(6) Highway research and planning in accordance with section 307. "(7) Highway-related technology transfer activities. "(8) 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. "(9) Fringe and corridor parking facilities. "(10) Carpool and vanpool projects. "(11) Bicycle transportation and pedestrian walkways in accordance with section 217. "(12) Development and establishment of management systems under section 303. "(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.". 23 USC 104. (e) APPORTIONMENTS.— Section 104(b)(l) of such title is amended to read as follows: "(1) NATIONAL HIGHWAY SYSTEM. —For the National Highway System 1 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the remaining 99 percent apportioned in the same ratio as funds are apportioned under paragraph (3).". (f) TRANSFERABILITY. —Section 104 of such title is amended by striking subsection (c) and inserting the following new subsection: "(c) TRANSFERABILITY OF NHS APPORTIONMENTS. — A State may transfer not to exceed 50 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State's

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