Page:United States Statutes at Large Volume 93.djvu/828

 93 STAT. 796

PUBLIC LAW 96-106—NOV. 9, 1979 Public Law 96-106 96th Congress

An Act Nov. 9, 1979 [H.R. 4249]

Surface Transportation Assistance Act of 1978, amendment. 23 USC 139. 92 Stat. 2695.

Repeal. 23 USC 103 note. 92 Stat. 2694.

Interstate System.

42 USC 4321 note.

To amend title 23 of the United States eode, the Surface Transportation Assistance Act of 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 103(e)(4) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: "The preceding sentence shall not apply to a designation made under section 139 of this title.". SEC. 2. (a) Section 103(e)(5) of title 23, United States Code, is amended by striking out "(5) Notwithstanding any other provision of law—" and inserting in lieu thereof "(5) Notwithstanding any other provision of law, in the case of any withdrawal of approval before November 6, 1978—". (b) Paragraph (2) of section 107(JD of the Federal-Aid Highway Act of 1978 (Public Law 95-599) is hereby repealed. (c) Paragraph (6) of section 103(e) of title 23, United States Code, is renumbered as paragraph (8), and paragraph (7) of such section is renumbered as paragraph (9), including any references thereto, and such section 103(e) is further amended by inserting immediately after paragraph (5) the following new paragraphs: "(6) Notwithstanding any other provision of law— "(A) in the case of any withdrawal of approval on or after November 6, 1978, of a route or portion thereof on the Interstate System, a State, subject to the approval of the Secretary, shall not be required to refund to the Highway Trust Fund any sums paid to the State for intangible costs; "(B) in the case of any withdrawal of approval on or after November 6, 1978, of any route or portion thereof on the Interstate System under this section, a State shall not be required to refund to the Highway Trust Fund the costs of construction items, materials, or rights-of-way of the withdrawn route or portion thereof if such items, materials, and rights-ofway were acquired before November 6, 1978, if by the date of withdrawal of approval the Secretary has not approved the environmental impact statement required by the National Environmental Policy Act of 1969, and if such construction items, materials, or rights-of-way will be or have been applied (i) to a transportation project permissible under this title, (ii) to a public conservation or public recreation purpose, or (iii) to any other public purpose determined by the Secretary to be in the public interest on condition that the State gives assurances satisfactory to the Secretary that such construction items, materials, or rights-of-way have been or will be so applied by the State, or any political subdivision thereof, to a project under clause (i), (ii), or (iii) within ten years from the date of withdrawal of approval; "(7) In any case where a withdrawal of approval of a route or portion thereof on the Interstate System on or after November 6, 1978, does not come within the provisions of paragraph (6)(B) of this subsection, the State shall refund to the Highway Trust Fund the

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