Page:United States Statutes at Large Volume 92 Part 3.djvu/64

 92 STAT. 2696

PUBLIC LAW 95-599—NOV. 6, 1978 TRANSFERABILITY

SEC. 109, (a) Paragraph (1) of subsection (d) of section 104 of title 23, United States Code, is amended by striking out "40" each place it appears and inserting in lieu thereof at each such jjlace "50". (b) Paragraph (2) of subsection (d) of section 104 of title 23, United States Code, is amended by striking out "20" each place it appears and inserting in lieu thereof at each such place "50". REPORT OF OBLIGATIONS

Monthly submittals to Congress.

SEC. 110. Section 104 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(h) The Secretary shall submit to Congress not later than the 20th day of each calendar month which begins after the date of enactment of this subsection a report on (1) the amount of obligation, by State, for Federal-aid highways and the highway safety construction programs during the preceding calendar month, (2) the cumulative amount of obligation, by State, for that fiscal year, (3) the balance as of the last day of such preceding month of the unobligated apportionment of each State by fiscal year, and (4) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for that fiscal year.". PROGRAM REQUIREMENTS

Selection, consultation.

SEC. 111. Subsection (b) of section 105 of title 23, United States Code, is amended to read as follows: "(b) In approving programs for projects on the Federal-aid secondary system, the Secretary shall require that such projects be selected by the State highway department and the appropriate local officials in cooperation with each other, except in States where all public roads and highways are under the control and supervision of the State highway department such selection shall be made after consultation with appropriate local officials.". PROGRAMS

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SEC. 112. Subsection (g) of section 105 of title 23, United States Code, is amended by striking out "public airports and public ports for water transportation," and inserting in lieu thereof "public airports, public ports for water transportation, new town communities, and new town-intowncommunities,". UTILITIES ON RIGHTS-OF-WAY

SEC. 113. Section 109 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(1)(1) In determining whether any right-of-way on any Federalaid system should be used for accommodating any utility facility, the Secretary shall— "(A) first ascertain the effect such use will have on highway and traffic safety, since in no case shall any use be authorized or otherwise permitted, under this or any other provision of law, which would adversely affect any aspect of safety;

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