Page:United States Statutes at Large Volume 92 Part 3.djvu/80

 92 STAT. 2712

Construction.

23 USC 104.

Appropriation authorization. 23 USC 217 note.

PUBLIC LAW 95-599—NOV. 6, 1978 "(n) The Secretary shall not approve any project under this title that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless such project provides a reasonably alternate route or such a route exists.". (h) Section 217(a) of title 23, United States Code, is amended to read as follows: "(a) To encourage energy conservation and the multiple use of highway rights-of-way, including the development, improvement, and use of bicycle transportation and the development and improvement of pedestrian walkways on or in conjunction with highway rights-ofway, the States may, as Federal-aid highway projects, construct new or improved lanes, paths, or shoulders; traffic control devices, shelters for and parking facilities for bicycles; and pedestrian walkways. Sums apportioned in accordance with paragraphs (1), (2), and (6) of section 104(b) of this title shall be available for bicycle projects and pedestrian walkways authorized under this section and such projects shall be located and designed pursuant to an overall plan which will provide due consideration for safety and contiguous routes,". (i) There is authorized to be appropriated to the Secretary to carry out subsection (c), for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982, out of the Highway Trust Fund $10,000,000, and $10,000,000 out of any other money in the Treasury not otherwise appropriated. RAIL OPERATION PROJECTS I N N O N H I G H W A Y AREAS

Federal financial SEC. 142. (a) The Secretary may approve for Federal financial assistance, assistance from funds apportioned for the Federal-aid primary sysapproval. tem under section 104(b)(1) of title 23, United States Code, projects to provide such assistance for the operation of those portions of the Alaska Railroad from Whittier to Portage, Alaska, for the purpose of linking up highways or other transportation modes receiving Federal financial assistance from funds apportioned under such section. Not more than 5 per centum of the funds apportioned for the Federalaid primary system under section 104(b)(1) of title 23, United States Conditions. Code shall be expended in any fiscal year under this section. Any such approval shall be subject to the conditions that— (1) fares or other charges made in such operations shall be under the control of a Federal or State agency or official; and (2) all revenues derived from operation of such portions shall be used to pay for the cost of construction or acquisition of the railroad (including equipment) involved in such operation, debt service thereon, and actual and necessary costs of operation, maintenance, repair, and replacement. (b) A project authorized by this section shall be subject to and .. carried out in accordance with all provisions of title 23, United States Code, except those provisions which the Secretary determines are inconsistent with this section. I N T E R S T A T E R O U T E 1-90

SEC. 143. (a) Notwithstanding section 129 of title 23, United States Code, or any regulation or agreement to the contrary, the Secretary of Transportation is authorized to approve projects on the Interstate

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