Page:United States Statutes at Large Volume 92 Part 3.djvu/61

 PUBLIC LAW 95-599—NOV. 6, 1978 gated for projects for resurfacing, restoring, and rehabilitating those lanes on the Interstate System which have been in use for more than five years and which are not on toll roads, except that where a State certifys to the Secretary that any part of such sums are excess to the needs of such State for resurfacing, restoring or rehabilitating Interstate System lanes and the Secretary accepts such certification, such State may transfer sums apportioned to it under section 104(b)(5)(B) to its apportionment under section 104(b)(1). Such sums may also be obligated for projects for resurfacing, restoring, and rehabilitating lanes in use for more than five years on a toll road which has been designated as a part of the Interstate System if an agreement satisfactory to the Secretary of Transportation has been reached with the State highway department and any public authority with jurisdiction over such toll road prior to the approval of such project that the toll road will become free to the public upon the collection of tolls sufficient to liquidate the cost of the toll road or any bonds outstanding at the time constituting a valid lien against it, and the cost of maintenance and operation and debt service during the period of toll collections. The agreement referred to in the preceding sentence shall contain a provision requiring that if, for any reason, a toll road receiving Federal assistance under this section does not become free to the public upon collection of sufficient tolls, as specified in the preceding sentence, Federal funds used for projects on such toll road pursuant to this section shall be repaid to the Federal Treasury. DEFINITIONS

SEC. 106. (a) The definition of "construction" in section 101(a) of title 23 of the United States Code is amended by adding at the end thereof the following new sentence: "The term also includes capital improvements which directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.". (b)(1) The definition of "forest road or trail" in section 101(a) of title 23 of the United States Code is amended to read as follows: "The term 'forest or trail' means a road or trail wholly or partly within, or adjacent to, and serving the Natonal Forest system and which is necessary for the protection, administration, and utilization of the National Forest system and the use and development of its resources.". (2) The definition of "forest development roads and trails" in section 101(a) of title 23 of the United States Code is amended to read as follows: "The term 'forest development roads and trails' means a forest road or trail under the jurisdiction of the Forest Service.". (3) The definition of "forest highway" in section 101(a) of title 23 of the United States Code is amended to read as follows: "The term 'forest highway' means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel.". (4) Section 101(a) of title 23, United States Code, is amended by adding after the definition of the term "Federal-aid highways" the following new definition: "The term 'highway safety improvement project' means a project which corrects or improves high hazard locations, eliminates roadside

92 STAT. 2693

Toll roads, agreement,

Federal assistance, repayment,

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