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7/18/2002
TEA-21 Users Guide - 1201

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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.''.

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