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23 U.S.C. § 218 — Alaska Highway

submitted 53 years ago by Pub. L. 93-87 to r/title-23-HIGHWAYS · 461 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can fund reconstruction of the Alaska Highway and Haines Cutoff Highway using competitive grant funds. With Alaska's agreement, the Secretary can also fund the highway or ferry system at full federal cost. Canadian-side construction needs a U.S.-Canada agreement covering right-of-way, tolls, taxes, license recognition, and upkeep.

(a) The Secretary can fund reconstruction of the Alaska Highway (from the Yukon border at Beaver Creek to Haines Junction) and the Haines Cutoff Highway (Haines Junction to Haines, Alaska), using money from an applicable competitive grant program, if the highway meets that program's eligibility rules — except for the specific requirements in the U.S.-Canada agreement for the Alaska Highway Project. In addition, despite any other law, and with Alaska's agreement, the Secretary can spend Alaska's regular federal-aid highway funds on this highway or on the Alaska Marine Highway System, at a 100% federal share. But no money can be spent building the Canadian portion of these highways unless a U.S.-Canada agreement is in place (including one already existing as of the Surface Transportation Reauthorization Act of 2021) that provides that Canada will: (1) provide, without using funds authorized under this title, all necessary right-of-way; (2) not impose, or let anyone impose, a highway toll for using these highways; (3) not levy or assess any fee, tax, or other charge on U.S. vehicles or people that doesn't apply equally to Canadian vehicles or people; (4) keep recognizing U.S. vehicle registrations and driver's licenses reciprocally under existing agreements; and (5) keep the highways properly maintained after completion to serve current and future traffic. (b) Survey and construction work done in Canada under this section is under the Secretary's general supervision. (c) "Alaska Marine Highway System" means all existing or planned Alaska transportation facilities and equipment, including leasing, purchasing, operating, repairing, or constructing vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and their approaches, and necessary roads. (d) Despite any other law, a project funded under this section in Alaska is treated as a project on a Federal-aid highway under chapter 1.
the actual law source: uscode.house.gov ↗public domain
(a)

Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or 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. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government—

(1)

will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways;

(2)

will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons;

(3)

will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;

(4)

will continue to grant reciprocal recognition of vehicle registration and driver’s licenses in accordance with agreements between the United States and Canada; and

(5)

will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic.

(b)

The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.

(c)

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, operation, repair, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.

(d)

Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.

Source credit: (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; Pub. L. 117–58, div. A, title I, § 11116, div. G, title XI, § 71103(g)(2), Nov. 15, 2021, 135 Stat. 482, 1326.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-87 · 87 Stat. 264
  • 1975Amended · Pub. L. 94-147 · 89 Stat. 803
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2135
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2003Amended · Pub. L. 108-7 · 117 Stat. 413
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1778
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 576
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 482, 1326

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-87 on 1973-08-13.

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