90 STAT. 442
Formal agreement with local officials.
"Off-system road."
PUBLIC LAW 94-280—MAY 5, 1976 "(b) On October 1 of each fiscal year the Secretary shall apportion the sums authorized to be appropriated to carry out this section among the several States as follows: "(1) Two-thirds according to the following formula— "(A) one-third in the ratio which the area of each State bears to the total area of all States; "(B) one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; and "(C) one-third in the ratio in which the oflf-system road mileage of each State bears to the total off-system road mileage of all the States. Off-system road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary. " (2) One-third in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. "(c) Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis. "(d) In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located. "(e) Sums apportioned under this section and programs and prajects under this section shall be subject to all of the provisions of chapter 1 of this title applicable to highways on the Federal-aid secondary system except the formula for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section. The Secretary is not authorized to determine as inconsistent with this section any provision relating to the obligation and availability of funds. "(f) As used in this section, the terms 'off-system road' means any toll-free road (including bridges), which road is not on any Federalaid system and which is under the jurisdiction of and maintained by a public authority and open to public travel.". (b) The analvsis of chapter 1 of title 23 of the United States Code Is amended by striking out "219. Off-system roads."
and inserting in lieu thereof the following: "219. Safer off-system roads.". Repeal.
23 USC 405.
(c) Section 405 of title 23 of the United States Code is hereby repealed. (d) The analysis of chapter 4 of title 23 of the United States Code is amended by striking out "405. Federal-aid safer roads demonstration program."
and inserting in lieu thereof the following: "405. Repealed." LANDSCAPING AND SCENIC E N H A N C E M E N T
SEC. 136. (a) Section 319 of title 23, United States Code, is amended to read as follows:
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