23 U.S. Code § 218 - Alaska Highway

§ 218.

Alaska Highway

(a)

Notwithstanding any other provision of law upon agreement with the State of Alaska, the Secretary is authorized to expend on the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum.

(b)

For purposes of this section, the term “Alaska Marine Highway System” includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.

(Added Pub. L. 93–87, title I, § 127(a)(1), Aug. 13, 1973, 87 Stat. 264; amended Pub. L. 94–147, Dec. 12, 1975, 89 Stat. 803; Pub. L. 97–424, title I, § 158, Jan. 6, 1983, 96 Stat. 2135; Pub. L. 105–277, div. A, § 101(g) [title III, § 316], Oct. 21, 1998, 112 Stat. 2681–439, 2681–468; Pub. L. 108–7, div. I, title III, § 327, Feb. 20, 2003, 117 Stat. 413; Pub. L. 109–59, title IV, § 4409, Aug. 10, 2005, 119 Stat. 1778; Pub. L. 112–141, div. A, title I, § 1519(c)(10), formerly § 1519(c)(11), July 6, 2012, 126 Stat. 576, renumbered § 1519(c)(10), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)

Amendments

2015—Pub. L. 114–94 amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below.

2012—Subsec. (a). Pub. L. 112–141, § 1519(c)(10)(A), formerly § 1519(c)(11)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), designated third sentence as subsec. (a), struck out “, in addition to such funds,” after “provision of law” and “such highway or” after “expend on”, and struck out former first, second, fourth, and fifth sentences, including pars. (1) to (5), relating to reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, appropriations for reconstruction, obligation limitation enacted for fiscal year 1983, and certain restrictions on expenditures for construction of highways in Canada.

Subsecs. (b), (c). Pub. L. 112–141, § 1519(c)(10)(B), (C), formerly § 1519(c)(11)(B), (C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.”

2005—Subsec. (a). Pub. L. 109–59, § 4409(1), struck out “prior to the date of the enactment of the reauthorization of the Transportation Equity Act for the 21st Century” before “shall not apply” in introductory provisions.

Subsec. (c). Pub. L. 109–59, § 4409(2), added subsec. (c).

2003—Subsec. (a). Pub. L. 108–7 inserted “reauthorization of the” before “Transportation”.

1998—Subsec. (a). Pub. L. 105–277, § 101(g) [title III, § 316(1)(A)], substituted “to Haines” for “to the south Alaskan border” in first sentence, substituted “such highway or the Alaska Marine Highway System” for “such highway” in third sentence, substituted “any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century” for “any other fiscal year thereafter” in fourth sentence, substituted “construction of the portion of such highways that are in Canada until an agreement” for “construction of such highways until an agreement” in fifth sentence.

Subsec. (b). Pub. L. 105–277, § 101(g) [title III, § 316(2)], inserted “in Canada” after “undertaken”.

1983—Subsec. (a). Pub. L. 97–424 inserted provision that notwithstanding any other provision of law, upon agreement with the State of Alaska, the Secretary is authorized to expend on the highway any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum, and that any obligation limitation enacted for fiscal year 1983 or for any other fiscal year thereafter shall not apply to such projects.

1975—Subsec. (a)(1). Pub. L. 94–147 struck out provision requiring that the right-of-way granted by the Canadian Government shall forever be held inviolate as part of such highways in public use.

Effective Date of 2015 Amendment

Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Alaskan Roads Study; Investigation; Report to Congress

Pub. L. 94–280, title I, § 151, May 5, 1976, 90 Stat. 448, provided that:

“(a)

The Secretary of Transportation is authorized to undertake an investigation and study to determine the cost of, and the responsibility for, repairing the damage to Alaska highways that has been or will be caused by heavy truck traffic during construction of the trans-Alaska pipeline and to restore them to proper standards when construction is complete. The Secretary of Transportation shall report his initial findings to the Congress on or before September 30, 1976, and his final conclusions on rebuilding costs no later than three months after completion of pipeline construction.

“(b)

There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of $200,000 for the purpose of making the study authorized by subsection (a) of this section.”

Appropriations Authorization

Pub. L. 93–87, title I, § 127(b), Aug. 13, 1973, 87 Stat. 264, provided that:

“For the purpose of completing necessary reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the provisions of section 218 of title 23 of the United States Code.”

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