Page:United States Statutes at Large Volume 90 Part 1.djvu/483

 PUBLIC LAW 94-280—MAY 5, 1976

90 STAT. 433

out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for ooligation pursuant to the Urban Mass Transportation Act of 1964, as amended. 49 USC 1601 The provisions of this paragraph as amended by the Federal-Aid note. Highway Act of 1976, shall be effective as of August 13, 1973.". (b) Section 103(e)(4) of title 23, United States Code, is further amended by adding the following sentence at the end thereof: "In the event a withdrawal of approval is accepted pursuant to this section, the State shall not be required to refund to the Highway Trust Fund any sums previously paid to the State for the withdrawn route or portion of the Interstate System as long as said sums were applied to a transportation project permissible under this title.". ROUTE

WITHDRAWALS

SEC. 111. (a) The existing fourth sentence of paragraph (2) of ,:«?,;; subsection (e) of section 103 of title 23, United States Code, is amended by striking out "increased or decreased," and all that follows down through and including the period at the end thereof and inserting in lieu thereof the following: "or if the cost of any such withdrawn route was not included in such 1972 Interstate System cost estimate, the cost of such withdrawn route as set forth in the last Interstate System cost estimate before such 1972 cost estimate which was approved by Congress and which included the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof, which, (i) in the case of a withdrawn route the cost of which was not included in the 1972 cost estimate but in an earlier cost estimate, have occurred between such earlier cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, and (ii) in the case of a withdrawn route the cost of which was included in the 1972 cost estimate, have occurred between the 1972 cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, or the date of withdrawal of approval, whichever date is later, and in each case costs shall be based on that design of such route or portion thereof which is the basis of the applicable cost estimate.". (b) The amendment made by subsection (a) of this section shall be 23 USC 103 note, applicable to each route on the Interstate System approval of which was withdrawn or is hereafter withdrawn by the Secretary of Transportation in accordance with the provisions of section 103(e)(2) of title 23, United States Code, including any route on the Interstate System approval of which was withdrawn by the Secretary of Transportation in accordance with the provisions of title 23, United States Code, on August 30, 1965, for the purpose of designating an alternative route. APPORTIONMENTS

SEC. 112. (a) Section 104(b) of title 23, United States Code, is amended by striking "On or before January 1 next preceding the commencement of each fiscal year, except as provided m paragraphs (4) and (5) of this subsection," and inserting m lieu thereof "On October 1 of each fiscal year except as provided in paragraphs (4) and (5) of this subsection,". (b) Section 104(b)(1) of title 23, United States Code, is amended to read as follows: "(1) For the Federal-aid primary system (including extensions in urban areas and priority primary routes)—

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