WHAT THE LAW DOINCongress, in plain words

The law › Title 23, Highways › Chapter 1

23 U.S.C. 101: Definitions and declaration of policy

Created in 1958 by Public Law 85-767. Changed by 22 later laws. No bill we track in this Congress changes it.

7 other sections of the Code cite this one, including 16 U.S.C. 460lll, 16 U.S.C. 6802, 23 U.S.C. 133, 23 U.S.C. 405, 42 U.S.C. 1786.

14 parts of federal rules cite it as their authority, written by Federal Highway Administration, Department of Transportation (11), National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (1), Environmental Protection Agency (1), Office of the Secretary of Transportation (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2021

    • Pub. L. 117–58, §11103(1)(A), inserted "assessing resilience," after "surveying,". (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(1)(B)–(D), added subpar. (H) and redesignated former subpar. (H) as (I). (Infrastructure Investment and Jobs Act) Law text · (a), (I)
    • Pub. L. 117–58, §11103(3), added par. (17). Former par. (17) redesignated (18). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(2), redesignated pars. (17) to (22) as (18) to (23), respectively. Former par. (23) redesignated (25). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(4), added par. (24). Former par. (24) redesignated (26). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(2), redesignated pars. (23) to (30) as (25) to (32), respectively. Former par. (32) redesignated (34). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(5), inserted dash after "through" and cl. (i) designation before "the implementation", substituted "; and" for period at end of cl. (i), and added cl. (ii). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11103(2), redesignated pars. (31) to (34) as (33) to (36), respectively. (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §11525(a), inserted "Highways" after "Defense". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11123(a), inserted "resilient," after "efficient," in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (b)

    2015

    • Pub. L. 114–94 added par. (15), redesignated pars. (15) to (28) as (16) to (29), respectively, and struck out former par. (29) which defined transportation alternatives. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (a)

    2012

    • Pub. L. 112–141, §1103(a)(3), added par. (2). Former par. (2) redesignated (3). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §§1103(a)(2), 1501, redesignated par. (2) as (3) and substituted "designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs … (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (4)(A), redesignated par. (3) as (4) and inserted "or any project eligible for assistance under this title" after "reconstruction of a highway" in introductory provisions. Former par. (4) redesignated (5). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: "locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atm… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(4)(C), inserted "reconstruction," before "resurfacing," and substituted "rehabilitation, and preservation" for "and rehabilitation". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(4)(D), substituted "railway-highway" for "railway". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(4)(E), substituted "hazards" for "obstacles". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (5), redesignated par. (5) as (6) and inserted "public" before "highway eligible" and "functionally" before "classified". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), struck out par. (6). Text read as follows: "The term 'Federal-aid system' means any of the Federal-aid highway systems described in section 103." (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (6), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: "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 r… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(6), added par. (8). Former par. (8) redesignated (9). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated par. (8) as (9) and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: "The term 'forest highway' means a forest road under the jurisdiction of, and maintained by, a public authority and open to public tr… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(7), inserted "including public roads on dams" after "drainage structure". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated par. (13) as (12) and struck out former par. (12) which defined Indian reservation road. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (14) as (13). Former par. (13) redesignated (12). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (8), redesignated par. (15) as (14), substituted "as an air quality" for "as a", and inserted "air quality" before "attainment area". Former par. (14) redesignated (13). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (9), redesignated par. (21) as (18) and substituted "any undertaking" for "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". Former… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (10), redesignated par. (22) as (19) and substituted "the Secretary and the recipient" for "the State transportation department and the Secretary". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), struck out par. (19). Text read as follows: "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 Sy… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated par. (23) as (20) and struck out former par. (20). Prior to amendment, text of par. (20) read as follows: "The term 'parkway', as used in chapter 2 of this title, means a parkway authorized by Act of Congress on lands to which title i… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (27) as (21). Former par. (21) redesignated (18). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (29) as (22). Former par. (22) redesignated (19). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(11), added par. (23) and struck out former par. (23). Prior to amendment, text read as follows: "The term 'safety improvement project' means a project that corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing … (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (30) as (23). Former par. (23) redesignated (20). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated par. (31) as (24) and struck out former par. (24). Prior to amendment, text of par. (24) read as follows: "The term 'public lands development roads and trails' means those roads and trails that the Secretary of the Interior determines… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated pars. (32) and (33) as (25) and (26), respectively, and struck out former pars. (25) and (26) which defined public lands highway and public lands highways, respectively. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a), (26)
    • Pub. L. 112–141, §1103(a)(12), added par. (27). Former par. (27) redesignated (21). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), (2), redesignated par. (34) as (28) and struck out former par. (28). Prior to amendment, text of par. (28) read as follows: "The term 'refuge road' means a public road that provides access to or within a unit of the National Wildlife Refuge System and … (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(13), added par. (29) and struck out former par. (29) which defined transportation enhancement activity. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated par. (35) as (29). Former par. (29) redesignated (22). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), (14), added pars. (30) to (32) and redesignated former pars. (30) to (32) as (23) to (25), respectively. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(2), redesignated pars. (33) to (37) as (26), (28), (29), (33), and (34), respectively. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
    • Pub. L. 112–141, §1103(a)(1), struck out pars. (38) and (39) which defined advanced truck stop electrification system and transportation systems management and operations, respectively. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a), (39)
    • Pub. L. 112–141, §1301(c), added par. (4). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1103(b), substituted "Federal-aid highway" for "Federal-aid system". (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (c)

    2008

    • Pub. L. 110–244 added par. (39). (SAFETEA-LU Technical Corrections Act of 2008) Law text · (a)

    2005

    • Pub. L. 109–59, §1122(a), amended heading and text of par. (35) generally, substituting introductory provisions and subpars. (A) to (L) defining "Transportation enhancement activity" for substantially identical undesignated provisions defining "Transportation enhancement activities… (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (a)
    • Pub. L. 109–59, §1122(b), added par. (38). (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (a)
    • Pub. L. 109–59, §1909(a), inserted subsec. heading, substituted heading and text of par. (1) for first undesignated par. relating to declaration that it was in the national interest to accelerate the construction of the Federal-aid highway systems, designated second undesignated par. a… (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b)

    1998

    • Pub. L. 105–178 inserted heading and amended text of subsec. (a) generally, alphabetizing, numbering, and inserting headings for terms defined, inserting definitions of "maintenance area" and "refuge road", and substituting definition of "State transportation department" for definition… (Transportation Equity Act for the 21st Century) Law text · (a)

    1995

    • Pub. L. 104–59, §311(b), in first sentence of definition of "construction", inserted "bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments," after "highway, including". Law text · (a)
    • Pub. L. 104–59, §301(b)(1), in definition of "project", inserted before period at end "or any other undertaking eligible for assistance under this title". Law text · (a)
    • Pub. L. 104–59, §301(b)(2), added provision defining "operating costs for traffic monitoring, management, and control" and struck out former provision defining "startup costs for traffic management and control" which read as follows: "The term 'startup costs for traffic management and control' mean… Law text · (a)

    1991

    • Pub. L. 102–240, §1006(g)(1), added provision defining "Federal-aid highways" and struck out former provision which read as follows: "The term 'Federal-aid highways' means highways located on one of the Federal-aid systems described in section 103 of this title." · (a)
    • Pub. L. 102–240, §1005(a), in definition of "highway safety improvement project", inserted "installs priority control systems for emergency vehicles at signalized intersections" after "marking,". · (a)
    • Pub. L. 102–240, §1005(d)(3), in definition of "Indian reservation roads", struck out ", including roads on the Federal-aid systems," after "public roads". · (a)
    • Pub. L. 102–240, §1005(d)(4), in definition of "park road", inserted ", including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles" before "that is located". · (a)
    • Pub. L. 102–240, §1005(b), inserted provision defining "urbanized area" and struck out former provision which read as follows: "The term 'urbanized area' means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation wi… · (a)
    • Pub. L. 102–240, §1005(c), inserted provision defining "National Highway System" and struck out former provision defining "Federal-aid primary system" which read as follows: "The term 'Federal-aid primary system' means the Federal-aid highway system described in subsection (b) of section 103 of thi… · (a)
    • Pub. L. 102–240, §1005(d)(1), (2), struck out provisions defining "Federal-aid secondary system" and "Federal-aid urban system" which read as follows: · (a)
    • Pub. L. 102–240, §1005(e), in definition of "Interstate System", inserted "Dwight D. Eisenhower" before "National". · (a)
    • Pub. L. 102–240, §1005(g), inserted provisions defining "start-up costs for traffic management and control", "carpool project", "public authority" and "public lands highway". · (a)
    • Pub. L. 102–240, §1005(f), inserted provision defining "operational improvement". · (a)
    • Pub. L. 102–240, §1007(c), inserted provision defining "transportation enhancement activities". · (a)
    • Pub. L. 102–240, §1001(g), substituted "forty" for "thirty-seven" and "1996" for "1993" in second par. · (b)

    1990

    • Pub. L. 101–427 substituted "The Dwight D. Eisenhower System of Interstate and Defense Highways" for "the National System of Interstate and Defense Highways" in first two pars. · (b)

    1987

    • Pub. L. 100–17, §108, in definition of "construction", inserted "elimination of roadside obstacles," after "grade crossings,". · (a)
    • Pub. L. 100–17, §133(b)(2), substituted definition of "forest road or trail" for "forest or trail". · (a)
    • Pub. L. 100–17, §109, in definition of "highway safety improvement project", inserted "installs or replaces emergency motorist-aid call boxes," after "pavement marking,". · (a)
    • Pub. L. 100–17, §133(b)(3), amended definition of "park road" generally. Prior to amendment, definition read as follows: "The term 'park road' means a public road that is located within or provides access to an area in the national park system." · (a)
    • Pub. L. 100–17, §102(b)(3), substituted "thirty-seven years' " for "thirty-four years' " and "1993" for "1990" in second par. · (b)

    1983

    • Pub. L. 97–424, §126(c)(1), substituted provision that "park road" means a public road that is located within or provides access to an area in the national park system, for provision that "park roads and trails" means those roads or trails, including the necessary bridges, located in n… · (a)
    • Pub. L. 97–424, §126(c)(2), substituted "The term 'Indian reservation roads' means public roads, including roads" for "The term 'Indian reservation roads and bridges' means roads and bridges, including roads and bridges" before "on the Federal-aid systems". · (a)
    • Pub. L. 97–424, §126(c)(3), inserted provision defining "Federal lands highways". · (a)
    • Pub. L. 97–424, §159, in definition of "construction", inserted provision that it also includes costs incurred by the State in performing Federal-aid project related audits which directly benefit the Federal-aid highway program. · (a)

    1978

    • Pub. L. 95–599, §106(a), in definition of "construction" inserted provision relating to capital improvements. · (a)
    • Pub. L. 95–599, §106(b)(1), in definition of "forest road or trail", inserted provisions requiring contingency or service to the National Forest System and necessity for the protection, administration, and utilization thereof. · (a)
    • Pub. L. 95–599, §106(b)(2), defined "forest development roads or trails" in terms of a forest road or trail under the jurisdiction of the Forest Service rather than in terms of a forest road or trail of primary importance for the protection, administration, and utilization of the national forest or… · (a)
    • Pub. L. 95–599, §106(b)(3), defined "forest highway" in terms of a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel rather than in terms of a forest road which is of primary importance to the States, counties, or communities contingent to nation… · (a)
    • Pub. L. 95–599, §106(b)(4), inserted definition of "highway safety improvement project". · (a)

    1976

    • Pub. L. 94–280, §108, defined "construction" to include resurfacing, restoration, and rehabilitation and "urban area" to exclude cities in the States of Maine and New Hampshire and inserted definition of "public road". · (a)
    • Pub. L. 94–280, §107(a), substituted provision for completion of the Interstate System over a thirty-four year period, through the fiscal year ending September 30, 1990, for a prior provision for such completion over a twenty-three period, through the fiscal year ending June 30, 1979. · (b)

    1975

    • Pub. L. 93–643 defined "Indian reservation roads and bridges" to include roads and bridges on the Federal-aid systems. · (a)

    1973

    • Pub. L. 93–87, §105(1), in definition of "construction", substituted "National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey" and extended definition to include improvements which directly facilitate and control traffic flow, such as grade separation of interse… · (a)
    • Pub. L. 93–87, §105(3), in definition of "Indian reservation roads and bridges", substituted "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 … · (a)
    • Pub. L. 93–87, §152(1), in definition of "Secretary", substituted "Secretary of Transportation" for "Secretary of Commerce". · (a)
    • Pub. L. 93–87, §105(4), in definition of "urbanized area", provided for boundaries of the "urbanized area" to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and required such boundaries, as a minimum, to encompass the entire u… · (a)
    • Pub. L. 93–87, §105(2), in definition of "urban area", substituted "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 an urban place as designated by the Bureau of the Census having a population of five th… · (a)
    • Pub. L. 93–87, §§106(a), 107, extended time for completion of the National System of Interstate and Defense Highways, substituting in second par. "twenty-three years" and "June 30, 1979" for "twenty years" and "June 30, 1976", and inserted third par. declaratory of national policy, sin… · (b)
    • Pub. L. 93–87, §108, added subsec. (e). · (e)

    1970

    • Pub. L. 91–605, §§106(a), 117(d), 130, 141, inserted definitions of "urbanized area" and "Federal-aid urban system", substituted "subsection (e)" for "subsection (d)" in definition of "Interstate System", included within the costs of construction, under the definition of "construction"… · (a)
    • Pub. L. 91–605, §104(a), substituted "twenty years" for "eighteen years" and "June 30, 1976" for "June 30, 1974". · (b)
    • Pub. L. 91–605, §107, substituted "any officer or employee in the executive branch of the Federal Government" for "any officer or employee of any department, agency, or instrumentality of the executive branch of the Federal Government" and "Highway Trust Fund" for "highway trust fund". · (c)
    • Pub. L. 91–605, §107, substituted provisions prohibiting expenditure of funds from the Highway Trust Fund by any department other than the Federal Highway Administration unless these funds are identified and included as a line item in an appropriation Act and are to meet obligations in… · (d)

    1968

    • Pub. L. 90–495, §8, inserted "and other areas administered by the Forest Service" after "national forests" and "national forest" in definitions of "forest road or trail" and "forest development roads and trails". · (a)
    • Pub. L. 90–495, §4(a), substituted a reference to "eighteen years' appropriation" for reference to "sixteen years' appropriation" and substituted "June 30, 1974" for "June 30, 1972". · (b)
    • Pub. L. 90–495, §15, added subsecs. (c) and (d). · (c), (d)

    1966

    • Pub. L. 89–574 substituted a reference to "sixteen years' appropriation" for reference to "fifteen years' appropriation" and substituted "June 30, 1972" for "June 30, 1971". · (b)

    1964

    • Pub. L. 88–423 substituted "fifteen years" for "thirteen years" and "June 30, 1971" for "June 30, 1969". · (b)

    1962

    • Pub. L. 87–866 inserted definition of "public lands development roads and trails". · (a)

    1960

    • Pub. L. 86–624 substituted "fifty States, the District of Columbia, or Puerto Rico" for "forty-nine States, the District of Columbia, Hawaii, or Puerto Rico" in definition of "State". · (a)

    1959

    • Pub. L. 86–70 substituted "forty-nine States, the District of Columbia, Hawaii" for "forty-eight States, the District of Columbia, Hawaii, Alaska" in definition of "State". · (a)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.