Page:United States Statutes at Large Volume 92 Part 3.djvu/63

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-599—NOV. 6, 1978

92 STAT. 2695

struction or construction must have commenced. Immediately after Noncompliance, such date, the Secretary shall remove from designation as part of the Interstate System each route or portion thereof not complying with this subsection and in the case of a substitute project the Secretary shall withdraw approval and no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, (f)(1) Section 103(e) of title 23, United States Code, is amended— (A) in paragraph (4), by striking out "In the event a withdrawal of approval is accepted pursuant to this section, the State shall not be required to refund to the Highway Trust Fund any sums previously paid to the State for the withdrawn route or portion of the Interstate System so long as said sums were applied to a transportation project permissible under this title.". (B) by redesignating paragraph (5) as paragraph (7); and (C) by inserting after paragraph (4) the following new paragraphs: "(5) Notwithstanding any other provision of law— "(A) upon the withdrawal of approval of any route or portion thereof on the Interstate System under this section, 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costs; "(B) refund will not be required for the costs of construction items, materials, or rights-of-way of the withdrawn route or portion of the Interstate System which will be or have been applied (i) to a transportation project permissible under this title, (ii) to a public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 such other public purpose as may be determined by the Secretary to be in the public interest on condition that the State shall make assurances satisfactory to the Secretary that such construction items or materials or rights-of-way have been or will be so applied by the State of any political subdivision thereof to a project under clause (i), (ii), or (iii) within 10 years from the date of the withdrawal of approval; and "(6) Nothing in this subsection shall in any way alter rights under State law of persons owning property within the right-of-way immediately prior to such property being obtained by the State. The Federal share of the cost of property sold or otherwise transferred to previous owners under State law shall be refunded and credited to the unobligated balance of the State's apportionment for interstate highways." (2) The amendment made by paragraph (1) of this subsection shall 23 USC 103 note, apply to any withdrawal of approval before the date of the enactment of this subsection. INTERSTATE COST ESTIMATES

SEC. 108. Section 104(b)(5)(A) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: "The Secretary shall not include in any estimate submitted under this provision after December 31, 1978, any cost of a project to expand or clear zones immediately adjacent to the paved roadway of routes designed prior to February, 1967.".