7/18/2002
TEA-21 Users Guide - 1201
BACK
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended to
read
as follows:
``(a) Definitions.--In this title, the following definitions
apply:
``(1) Apportionment.--The term
`apportionment' includes
unexpended apportionments made under prior authorization
laws.
``(2) Carpool project.--The term
`carpool project' means any
project to encourage the use of carpools and vanpools,
including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes
as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use
for
preferential parking for carpools.
``(3) Construction.--The term
`construction' means the
supervising, inspecting, actual building, and incurrence of
all
costs incidental to the construction or reconstruction of a
highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other
debt
financing instruments and costs incurred by the State in
performing
Federal-aid project related audits that directly benefit the
Federal-aid highway program. Such term includes--
``(A)
locating, surveying, and mapping (including the
establishment of temporary and
permanent geodetic markers in
accordance with specifications of the
National Oceanic and
Atmospheric Administration of the
Department of Commerce);
``(B)
resurfacing, restoration, and rehabilitation;
``(C)
acquisition of rights-of-way;
``(D)
relocation assistance, acquisition of replacement
housing sites, and acquisition and
rehabilitation, relocation,
and construction of replacement
housing;
``(E)
elimination of hazards of railway grade crossings;
``(F)
elimination of roadside obstacles;
``(G)
improvements that directly facilitate and control
traffic flow, such as grade
separation of intersections,
widening of lanes, channelization of
traffic, traffic control
systems, and passenger loading and
unloading areas; and
``(H) capital
improvements that directly facilitate an
effective vehicle weight enforcement
program, such as scales
(fixed and portable), scale pits,
scale installation, and scale
houses.
``(4) County.--The term `county'
includes corresponding units
of government under any other name in States that do not have
county organizations and, in those States in which the county
government does not have jurisdiction over highways, any
local
government unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--The term
`Federal-aid highway'
means a highway eligible for assistance under this chapter
other
than a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term
`Federal-aid system' means
any of the Federal-aid highway systems described in section
103.
``(7) Federal lands highway.--The
term `Federal lands highway'
means a forest highway, public lands highway, park road,
parkway,
refuge road, and Indian reservation road that is a public
road.
``(8) Forest development roads and
trails.--The term `forest
development roads and trails' means forest roads and trails
under
the jurisdiction of the Forest Service.
``(9) Forest highway.--The term
`forest highway' means a forest
road under the jurisdiction of, and maintained by, a public
authority and open to public travel.
``(10) Forest road or trail.--The
term `forest road or trail'
means a road or trail wholly or partly within, or adjacent
to, and
serving the National Forest System that is necessary for the
protection, administration, and utilization of the National
Forest
System and the use and development of its resources.
``(11) Highway.--The term `highway'
includes--
``(A) a road,
street, and parkway;
``(B) a
right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign,
guardrail, and protective
structure, in connection with a
highway; and
``(C) a
portion of any interstate or international bridge
or tunnel and the approaches thereto,
the cost of which is
assumed by a State transportation
department, including such
facilities as may be required by the
United States Customs and
Immigration Services in connection
with the operation of an
international bridge or tunnel.
``(12) Indian reservation road.--The
term `Indian reservation
road' means a public road that is located within or provides
access
to an Indian reservation or Indian trust land or restricted
Indian
land that is not subject to fee title alienation without the
approval of the Federal Government, or Indian and Alaska
Native
villages, groups, or communities in which Indians and Alaskan
Natives reside, whom the Secretary of the Interior has
determined
are eligible for services generally available to Indians
under
Federal laws specifically applicable to Indians.
``(13) Interstate system.--The term
`Interstate System' means
the Dwight D. Eisenhower National System of Interstate and
Defense
Highways described in section 103(c).
``(14) Maintenance.--The term
`maintenance' means the
preservation of the entire highway, including surface,
shoulders,
roadsides, structures, and such traffic-control devices as
are
necessary for safe and efficient utilization of the highway.
``(15) Maintenance area.--The term
`maintenance area' means an
area that was designated as a nonattainment area, but was
later
redesignated by the Administrator of the Environmental
Protection
Agency as an attainment area, under section 107(d) of the
Clean Air
Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The
term `National Highway
System' means the Federal-aid highway system described in
section
103(b).
``(17) Operating costs for traffic
monitoring, management, and
control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs
associated with
the continuous operation of traffic control, such as
integrated
traffic control systems, incident management programs, and
traffic
control centers.
``(18) Operational improvement.--The
term `operational
improvement'--
``(A) means (i)
a capital improvement for installation of
traffic surveillance and control
equipment, computerized signal
systems, motorist information
systems, integrated traffic
control systems, incident management
programs, and
transportation demand management
facilities, strategies, and
programs, and (ii) such other capital
improvements to public
roads as the Secretary may designate,
by regulation; and
``(B) does
not include resurfacing, restoring, or
rehabilitating improvements,
construction of additional lanes,
interchanges, and grade separations,
and construction of a new
facility on a new location.
``(19) Park road.--The term `park
road' means a public road,
including a bridge built primarily for pedestrian use, but
with
capacity for use by emergency vehicles, that is located
within, or
provides access to, an area in the National Park System with
title
and maintenance responsibilities vested in the United States.
``(20) Parkway.--The term `parkway',
as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on
lands
to which title is vested in the United States.
``(21) Project.--The term `project'
means an undertaking to
construct a particular portion of a highway, or if the
context so
implies, the particular portion of a highway so constructed
or any
other undertaking eligible for assistance under this title.
``(22) Project agreement.--The term
`project agreement' means
the formal instrument to be executed by the State
transportation
department and the Secretary as required by section 106.
``(23) Public authority.--The term
`public authority' means a
Federal, State, county, town, or township, Indian tribe,
municipal
or other local government or instrumentality with authority
to
finance, build, operate, or maintain toll or toll-free
facilities.
``(24) Public lands development roads
and trails.--The term
`public lands development roads and trails' means those roads
and
trails that the Secretary of the Interior determines are of
primary
importance for the development, protection, administration,
and
utilization of public lands and resources under the control
of the
Secretary of the Interior.
``(25) Public lands highway.--The
term `public lands highway'
means a forest road under the jurisdiction of and maintained
by a
public authority and open to public travel or any highway
through
unappropriated or unreserved public lands, nontaxable Indian
lands,
or other Federal reservations under the jurisdiction of and
maintained by a public authority and open to public travel.
``(26) Public lands highways.--The
term `public lands highways'
means those main highways through unappropriated or
unreserved
public lands, nontaxable Indian lands, or other Federal
reservations, which are on the Federal-aid systems.
``(27) Public road.--The term `public
road' means any road or
street under the jurisdiction of and maintained by a public
authority and open to public travel.
``(28) Refuge road.--The term `refuge
road' means a public road
that provides access to or within a unit of the National
Wildlife
Refuge System and for which title and maintenance
responsibility is
vested in the United States Government.
``(29) Rural areas.--The term `rural
areas' means all areas of
a State not included in urban areas.
``(30) Safety improvement
project.--The term `safety
improvement project' means a project that corrects or
improves high
hazard locations, eliminates roadside obstacles, improves
highway
signing and pavement marking, installs priority control
systems for
emergency vehicles at signalized intersections, installs or
replaces emergency motorist aid call boxes, or installs
traffic
control or warning devices at locations with high accident
potential.
``(31) Secretary.--The term
`Secretary' means Secretary of
Transportation.
``(32) State.--The term `State' means
any of the 50 States, the
District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State
funds' includes funds
raised under the authority of the State or any political or
other
subdivision thereof, and made available for expenditure under
the
direct control of the State transportation department.
``(34) State transportation
department.--The term `State
transportation department' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
``(35) Transportation enhancement
activities.--The term
`transportation enhancement activities' means, with respect
to any
project or the area to be served by the project, any of the
following activities if such activity relates to surface
transportation: provision of facilities for pedestrians and
bicycles, provision of safety and educational activities for
pedestrians and bicyclists, acquisition of scenic easements
and
scenic or historic sites, scenic or historic highway programs
(including the provision of tourist and welcome center
facilities),
landscaping and other scenic beautification, historic
preservation,
rehabilitation and operation of historic transportation
buildings,
structures, or facilities (including historic railroad
facilities
and canals), preservation of abandoned railway corridors
(including
the conversion and use thereof for pedestrian or bicycle
trails),
control and removal of outdoor advertising, archaeological
planning
and research, environmental mitigation to address water
pollution
due to highway runoff or reduce vehicle-caused wildlife
mortality
while maintaining habitat connectivity, and establishment of
transportation museums.
``(36) Urban area.--The term `urban
area' means an urbanized
area or, in the case of an urbanized area encompassing more
than
one State, that part of the urbanized area in each such
State, or
urban place as designated by the Bureau of the Census having
a
population of 5,000 or more and not within any urbanized
area,
within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval
by
the Secretary. Such boundaries shall encompass, at a minimum,
the
entire urban place designated by the Bureau of the Census,
except
in the case of cities in the State of Maine and in the State
of New
Hampshire.
``(37) Urbanized area.--The term
`urbanized area' means an area
with a population of 50,000 or more designated by the Bureau
of the
Census, within boundaries to be fixed by responsible State
and
local officials in cooperation with each other, subject to
approval
by the Secretary. Such boundaries shall encompass, at a
minimum,
the entire urbanized area within a State as designated by the
Bureau of the Census.''.
BACK
The Surface Transportation Policy Project is a nationwide network of more than 800
organizations, including planners, community development organizations, and advocacy groups,
devoted to improving the nation’s transportation system.
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