
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC130]

 
                           TITLE 23--HIGHWAYS
 
                     CHAPTER 1--FEDERAL-AID HIGHWAYS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 130. Railway-highway crossings

    (a) Subject to section 120 and subsection (b) of this section, the 
entire cost of construction of projects for the elimination of hazards 
of railway-highway crossings, including the separation or protection of 
grades at crossings, the reconstruction of existing railroad grade 
crossing structures, and the relocation of highways to eliminate grade 
crossings, may be paid from sums apportioned in accordance with section 
104 of this title. In any case when the elimination of the hazards of a 
railway-highway crossing can be effected by the relocation of a portion 
of a railway at a cost estimated by the Secretary to be less than the 
cost of such elimination by one of the methods mentioned in the first 
sentence of this section, then the entire cost of such relocation 
project, subject to section 120 and subsection (b) of this section, may 
be paid from sums apportioned in accordance with section 104 of this 
title.
    (b) The Secretary may classify the various types of projects 
involved in the elimination of hazards of railway-highway crossings, and 
may set for each such classification a percentage of the costs of 
construction which shall be deemed to represent the net benefit to the 
railroad or railroads for the purpose of determining the railroad's 
share of the cost of construction. The percentage so determined shall in 
no case exceed 10 per centum. The Secretary shall determine the 
appropriate classification of each project.
    (c) Any railroad involved in a project for the elimination of 
hazards of railway-highway crossings paid for in whole or in part from 
sums made available for expenditure under this title, or prior Acts, 
shall be liable to the United States for the net benefit to the railroad 
determined under the classification of such project made pursuant to 
subsection (b) of this section. Such liability to the United States may 
be discharged by direct payment to the State transportation department 
of the State in which the project is located, in which case such payment 
shall be credited to the cost of the project. Such payment may consist 
in whole or in part of materials and labor furnished by the railroad in 
connection with the construction of such project. If any such railroad 
fails to discharge such liability within a six-month period after 
completion of the project, it shall be liable to the United States for 
its share of the cost, and the Secretary shall request the Attorney 
General to institute proceedings against such railroad for the recovery 
of the amount for which it is liable under this subsection. The Attorney 
General is authorized to bring such proceedings on behalf of the United 
States, in the appropriate district court of the United States, and the 
United States shall be entitled in such proceedings to recover such sums 
as it is considered and adjudged by the court that such railroad is 
liable for in the premises. Any amounts recovered by the United States 
under this subsection shall be credited to miscellaneous receipts.
    (d) Survey and Schedule of Projects.--Each State shall conduct and 
systematically maintain a survey of all highways to identify those 
railroad crossings which may require separation, relocation, or 
protective devices, and establish and implement a schedule of projects 
for this purpose. At a minimum, such a schedule shall provide signs for 
all railway-highway crossings.
    (e) Funds for Protective Devices.--At least \1/2\ of the funds 
authorized for and expended under this section shall be available for 
the installation of protective devices at railway-highway crossings. 
Sums authorized to be appropriated to carry out this section shall be 
available for obligation in the same manner as funds apportioned under 
section 104(b)(1) of this title.
    (f) Apportionment.--Twenty-five percent of the funds authorized to 
be appropriated to carry out this section shall be apportioned to the 
States in the same manner as sums are apportioned under section 
104(b)(2) of this title, 25 percent of such funds shall be apportioned 
to the States in the same manner as sums are apportioned under section 
104(b)(6) \1\ of this title, and 50 percent of such funds shall be 
apportioned to the States in the ratio that total railway-highway 
crossings in each State bears to the total of such crossings in all 
States. The Federal share payable on account of any project financed 
with funds authorized to be appropriated to carry out this section shall 
be 90 percent of the cost thereof.
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    \1\ See References in Text note below.
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    (g) Annual Report.--Each State shall report to the Secretary not 
later than December 30 of each year on the progress being made to 
implement the railway-highway crossings program authorized by this 
section and the effectiveness of such improvements. Each State report 
shall contain an assessment of the costs of the various treatments 
employed and subsequent accident experience at improved locations. The 
Secretary shall submit a report to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than April 1 of 
each year, on the progress being made by the State in implementing 
projects to improve railway-highway crossings. The report shall include, 
but not be limited to, the number of projects undertaken, their 
distribution by cost range, road system, nature of treatment, and 
subsequent accident experience at improved locations. In addition, the 
Secretary's report shall analyze and evaluate each State program, 
identify any State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include recommendations for 
future implementation of the railroad highway \2\ crossings program.
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    \2\ So in original. Probably should be ``railroad-highway''.
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    (h) Use of Funds for Matching.--Funds authorized to be appropriated 
to carry out this section may be used to provide a local government with 
funds to be used on a matching basis when State funds are available 
which may only be spent when the local government produces matching 
funds for the improvement of railway-highway crossings.
    (i) Incentive Payments for At-Grade Crossing Closures.--
        (1) In general.--Notwithstanding any other provision of this 
    section and subject to paragraphs (2) and (3), a State may, from 
    sums available to the State under this section, make incentive 
    payments to local governments in the State upon the permanent 
    closure by such governments of public at-grade railway-highway 
    crossings under the jurisdiction of such governments.
        (2) Incentive payments by railroads.--A State may not make an 
    incentive payment under paragraph (1) to a local government with 
    respect to the closure of a crossing unless the railroad owning the 
    tracks on which the crossing is located makes an incentive payment 
    to the government with respect to the closure.
        (3) Amount of state payment.--The amount of the incentive 
    payment payable to a local government by a State under paragraph (1) 
    with respect to a crossing may not exceed the lesser of--
            (A) the amount of the incentive payment paid to the 
        government with respect to the crossing by the railroad 
        concerned under paragraph (2); or
            (B) $7,500.

        (4) Use of state payments.--A local government receiving an 
    incentive payment from a State under paragraph (1) shall use the 
    amount of the incentive payment for transportation safety 
    improvements.

    (j) Bicycle Safety.--In carrying out projects under this section, a 
State shall take into account bicycle safety.

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100-17, title I, 
Sec. 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104-59, title III, 
Sec. 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104-205, title III, 
Sec. 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-178, title I, 
Secs. 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 146, 
170, 193.)

                       References in Text

    Section 104(b) of this title, referred to in subsec. (f), was 
amended generally by Pub. L. 105-178, title I, Sec. 1103(b), June 9, 
1998, 112 Stat. 119, and, as so amended, no longer contains a par. (6).


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 1111(d), substituted 
``Subject to section 120'' for ``Except as provided in subsection (d) of 
section 120 of this title'' in first sentence and ``subject to section 
120'' for ``except as provided in subsection (d) of section 120 of this 
title'' in second sentence.
    Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted 
``State transportation department'' for ``State highway department''.
    Subsec. (j). Pub. L. 105-178, Sec. 1202(d), added subsec. (j).
    1996--Subsec. (i). Pub. L. 104-205 added subsec. (i).
    1995--Subsec. (g). Pub. L. 104-59 substituted ``Committee on 
Transportation and Infrastructure'' for ``Committee on Public Works and 
Transportation'' in third sentence.
    1987--Subsecs. (d) to (h). Pub. L. 100-17 added subsecs. (d) to (h).


      Federal Share of Costs for Construction To Eliminate Hazards

    Pub. L. 106-246, div. B, title II, Sec. 2604, July 13, 2000, 114 
Stat. 559, provided that: ``Notwithstanding any other provision of law, 
hereafter, funds apportioned under section 104(b)(3) of title 23 which 
are applied to projects involving the elimination of hazards of railway-
highway crossings, including the separation or protection of grades at 
crossings, the reconstruction of existing railroad grade crossing 
structures, and the relocation of highways to eliminate grade crossings, 
may have a Federal share up to 100 percent of the cost of 
construction.''


                        Federal-State Cooperation

    Section 351(b), (c) of Pub. L. 104-59 provided that:
    ``(b) Safety Enforcement.--
        ``(1) Cooperation between federal and state agencies.--The 
    National Highway Traffic Safety Administration and the Office of 
    Motor Carriers within the Federal Highway Administration shall 
    cooperate and work, on a continuing basis, with the National 
    Association of Governors' Highway Safety Representatives, the 
    Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., 
    to improve compliance with and enforcement of laws and regulations 
    pertaining to railroad-highway grade crossings.
        ``(2) Report.--Not later than June 1, 1998, the Secretary shall 
    submit to Congress a report indicating--
            ``(A) how the Department of Transportation worked with the 
        entities referred to in paragraph (1) to improve the awareness 
        of the highway and commercial vehicle safety and law enforcement 
        communities of regulations and safety challenges at railroad-
        highway grade crossings; and
            ``(B) how resources are being allocated to better address 
        these challenges and enforce such regulations.
    ``(c) Federal-State Partnership.--
        ``(1) Statement of policy.--
            ``(A) Hazards to safety.--Certain railroad-highway grade 
        crossings present inherent hazards to the safety of railroad 
        operations and to the safety of persons using those crossings. 
        It is in the public interest--
                ``(i) to promote grade crossing safety and reduce risk 
            at high risk railroad-highway grade crossings; and
                ``(ii) to reduce the number of grade crossings while 
            maintaining the reasonable mobility of the American people 
            and their property, including emergency access.
            ``(B) Effective programs.--Effective programs to reduce the 
        number of unneeded and unsafe railroad-highway grade crossings 
        require the partnership of Federal, State, and local officials 
        and agencies, and affected railroads.
            ``(C) Highway planning.--Promotion of a balanced national 
        transportation system requires that highway planning 
        specifically take into consideration grade crossing safety.
        ``(2) Partnership and oversight.--The Secretary shall encourage 
    each State to make progress toward achievement of the purposes of 
    this subsection.''


                     Vehicle Proximity Alert System

    Pub. L. 102-240, title I, Sec. 1072, Dec. 18, 1991, 105 Stat. 2012, 
provided that: ``The Secretary shall coordinate the field testing of the 
vehicle proximity alert system and comparable systems to determine their 
feasibility for use by priority vehicles as an effective railroad-
highway grade crossing safety device. In the event the vehicle proximity 
alert or a comparable system proves to be technologically and 
economically feasible, the Secretary shall develop and implement 
appropriate programs under section 130 of title 23, United States Code, 
to provide for installation of such devices where appropriate.''


 Railway-Highway Crossing Hazards; National Highway Information Program 
                                 Funding

    Pub. L. 100-457, title III, Sec. 324, Sept. 30, 1988, 102 Stat. 
2150, provided that: ``Notwithstanding any other provision of law, the 
Secretary shall make available $250,000 per year for a national public 
information program to educate the public of the inherent hazard at 
railway-highway crossings. Such funds shall be made available out of 
funds authorized to be appropriated out of the Highway Trust Fund, 
pursuant to section 130 of title 23, United States Code.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 100-202, Sec. 101(l) [title III, Sec. 339], Dec. 22, 1987, 
101 Stat. 1329-358, 1329-386.


               Railroad-Highway Crossings Study and Report

    Section 159 of Pub. L. 100-17 directed Secretary of Transportation 
to conduct a study of national highway-railroad crossing improvement and 
maintenance needs, with Secretary to consult with State highway 
administrations, the Association of American Railroads, highway safety 
groups, and any other appropriate entities in carrying out this study, 
and directed Secretary, not later than 24 months after Apr. 2, 1987, to 
submit a final report to Congress on results of the study along with 
recommendations of how crossing needs can be addressed in a cost 
effective manner.


 Study and Investigation of Alleviation of Environmental, Social, etc., 
                 Impacts of Increased Unit Train Traffic

    Pub. L. 95-599, title I, Sec. 162, Nov. 6, 1978, 92 Stat. 2720, 
authorized Secretary of Transportation, in cooperation with State 
highway departments and appropriate officials of local government, to 
undertake a comprehensive investigation and study of techniques for 
alleviating the environmental, social, economic, and developmental 
impacts of increased unit train traffic to meet national energy 
requirements in communities located along rail corridors experiencing 
such increased traffic and directed Secretary to report to Congress on 
results of such investigation and study not later than Mar. 31, 1979.


Demonstration Project, Railroad-Highway Crossings; Reports to President 
and Congress; Appropriations Authorization; Highway Safety Study, Report 
                               to Congress

    Pub. L. 93-87, title I, Sec. 163, Aug. 13, 1973, 87 Stat. 280, as 
amended by Pub. L. 93-643, Sec. 104, Jan. 4, 1975, 88 Stat. 2282; Pub. 
L. 94-280, title I, Sec. 140(a)-(e), May 5, 1976, 90 Stat. 444; Pub. L. 
95-599, title I, Sec. 134(a)-(c), Nov. 6, 1978, 92 Stat. 2709; Pub. L. 
96-470, title II, Sec. 209(b), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-
424, title I, Sec. 151, Jan. 6, 1983, 96 Stat. 2132; Pub. L. 100-17, 
title I, Secs. 133(c)(3), 148, Apr. 2, 1987, 101 Stat. 172, 181; Pub. L. 
100-202, Sec. 101(l) [title III, Sec. 346], Dec. 22, 1987, 101 Stat. 
1329-358, 1329-388; Pub. L. 102-240, title I, Sec. 1037, Dec. 18, 1991, 
105 Stat. 1987; Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21, 1995, 
109 Stat. 724, provided that:
    ``(a)(1) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out demonstration projects in 
Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the 
relocation of railroad lines from the central area of the cities in 
conformance with the methodology developed under proposals submitted to 
the Secretary by the respective cities. The cities shall (1) have a 
local agency with legal authority to relocate railroad facilities, levy 
taxes for such purpose, and a record of prior accomplishment; and (2) 
have a current relocation plan for such lines which has a favorable 
benefit-cost ratio involving and having the unanimous approval of three 
or more class 1 railroads in Lincoln, Nebraska, and the two class 1 
railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, 
local, and State agencies, and which provides for the elimination of a 
substantial number of the existing railway-road conflict points within 
the city.
    ``(2) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
Lafayette, Indiana, for relocation of railroad lines from the central 
area of the city. There are authorized to be appropriated to carry out 
this paragraph $360,000 for the fiscal year ending June 30, 1975.
    ``(b) The Secretary of Transportation shall carry out a 
demonstration project for the elimination or protection of certain 
public ground-level rail-highway crossings in, or in the vicinity of, 
Springfield, Illinois.
    ``(c) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out demonstration projects in 
Brownsville, Texas, and Matamoros, Mexico, for the relocation of 
railroad lines from the central area of the cities in conformance with 
the methodology developed under proposals submitted to the Secretary by 
the Brownsville Navigation District, providing for the construction of 
an international bridge and for the elimination of a substantial number 
of existing railway-road conflict points within the cities.
    ``(d) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
East Saint Louis, Illinois, for the relocation of rail lines between 
Thirteenth and Forty-third Streets, in accordance with methodology 
approved by the Secretary. The Secretary of Transportation shall carry 
out a demonstration project for the relocation of rail lines in the 
vicinity of Carbondale, Illinois.
    ``(e) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
New Albany, Indiana, for the elimination of the existing rail loop and 
relocation of rail lines to a location between Vincennes Street and East 
Eighth Street, in accordance with methodology approved by the Secretary.
    ``(f) The Secretary of Transportation shall carry out demonstration 
projects for the construction of an overpass at the rail-highway grade 
crossing on Cottage Grove Avenue between One Hundred Forty-second Street 
and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, 
and the construction of an overpass at the rail-highway grade crossing 
at Vermont Street and the Rock Island Railroad tracks in the city of 
Blue Island, Illinois.
    ``(g) The Secretary of Transportation shall carry out a 
demonstration project for the elimination of the ground level railroad 
highway crossing on United States Route 69 in Greenville, Texas.
    ``(h) The Secretary of Transportation shall carry out a 
demonstration project in Anoka, Minnesota, for the construction of an 
underpass at the Seventh Avenue and County Road 7 railroad-highway grade 
crossing.
    ``(i) The Secretary of Transportation shall carry out a 
demonstration project in Metairie, Jefferson Parish, Louisiana, for the 
relocation or grade separation of rail lines whichever he deems most 
feasible in order to eliminate certain grade level railroad highway 
crossings.
    ``(j) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
Augusta, Georgia, for the relocation of railroad lines and for the 
purpose of eliminating highway railroad grade crossings.
    ``(k) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
Pine Bluff, Arkansas, for the relocation of railroad lines for the 
purpose of eliminating highway railroad grade crossings.
    ``(l) The Secretary of Transportation shall carry out a 
demonstration project in Sherman, Texas, for the relocation of rail 
lines in order to eliminate the ground level railroad crossing at the 
crossing of the Southern Pacific and Frisco Railroads with Grand Avenue-
Roberts Road.
    ``(m) The Secretary of Transportation shall enter into such 
arrangements as may be necessary to carry out a demonstration project in 
Hammond, Indiana, for the relocation of railroad lines for the purposes 
of eliminating highway railroad grade crossings.
    ``(n) The Federal share payable on account of such projects shall be 
the Federal share provided in section 120(a) of title 23, United States 
Code. [sic] except those railroad-highway crossings segments which are 
already engaged in or have completed the preparation of the plans, 
specifications and estimates (PS&E) for the construction of the segment 
involved shall retain the Federal share as specified in subsection [sic] 
163(n) [this subsection] as amended by section 134 of the Surface 
Transportation Assistance Act of 1978 [section 134 of Pub. L. 95-599].
    ``[(o) Repealed. Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21, 
1995, 109 Stat. 724.]
    ``(p) There is authorized to be appropriated to carry out this 
section (other than subsection (l)), not to exceed $15,000,000 for the 
fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending 
June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, 
$6,250,000, for the period beginning July 1, 1976, and ending September 
30, 1976, $26,400,000 for the fiscal year ending September 30, 1977, and 
$51,400,000 for the fiscal year ending September 30, 1978, $70,000,000 
for the fiscal year ending September 30, 1979, and $90,000,000 for the 
fiscal year ending September 30, 1980, $100,000,000 for the fiscal year 
ending September 30, 1981, and $100,000,000 for the fiscal year ending 
September 30, 1982, and $50,000,000 for the fiscal year ending September 
30, 1983, and $50,000,000 for the fiscal year ending September 30, 1984, 
and $50,000,000 for the fiscal year ending September 30, 1985, and 
$50,000,000 for the fiscal year ending September 30, 1986, and 
$15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 
1990, 1991, 1992, 1993, and 1994, except that not more than two-thirds 
of all funds authorized and expended under authority of this section in 
any fiscal year shall be appropriated out of the Highway Trust fund. 
Notwithstanding any other provision of this section, any project which 
is not under construction, according to the Secretary of Transportation, 
by September 30, 1985, shall not be eligible for additional funds under 
this authorization.
    ``(q) The Secretary, in cooperation with State highway departments 
and local officials, shall conduct a full and complete investigation and 
study of the problem of providing increased highway safety by the 
relocation of railroad lines from the central area of cities on a 
nationwide basis, and report to the Congress his recommendations 
resulting from such investigation and study not later than July 1, 1975, 
including an estimate of the cost of such a program. Funds authorized to 
carry out section 307 of title 23, United States Code, are authorized to 
be used to carry out the investigation and study required by this 
subsection.''


Demonstration Project, Railroad-Highway Crossings; Inclusion of Projects 
                         at Terre Haute, Indiana

    Pub. L. 94-387, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1176, 
provided in part: ``That section 163 of Public Law 93-87 [set out as a 
note above] is hereby amended to include projects at Terre Haute, 
Indiana.''


                       Railroad-Highway Crossings

    Pub. L. 93-87, title II, Sec. 203, Aug. 13, 1973, 87 Stat. 283, as 
amended by Pub. L. 94-280, title II, Sec. 203, May 5, 1976, 90 Stat. 
452; Pub. L. 95-599, title II, Sec. 203, Nov. 6, 1978, 92 Stat. 2728; 
Pub. L. 96-470, title II, Sec. 209(d), Oct. 19, 1980, 94 Stat. 2245; 
Pub. L. 97-327, Sec. 5(b), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97-424, 
title II, Sec. 205, Jan. 6, 1983, 96 Stat. 2139, which directed each 
State to conduct a survey of all highways to identify those railway 
crossings requiring separation, relocation, or protective devices and to 
establish and implement a schedule of projects for such purpose, which 
at a minimum was to provide for signs at all crossings, authorized 
appropriations for elimination of hazards of railway-highway crossings, 
provided for State apportionments and for the Federal share of the costs 
of projects, required each State to annually report to the Secretary of 
Transportation and the Secretary of Transportation to annually report to 
Congress on progress in implementing railroad-highway crossings program, 
and authorized use of matching funds with local governments for 
improvement of railroad crossings, was repealed by Pub. L. 100-17, title 
I, Sec. 121(b), Apr. 2, 1987, 101 Stat. 160.
    Highway authorizations provisions of section 104(a) (1) and (2) of 
Pub. L. 93-87, referred to in section 203(d) of Pub. L. 93-87 provided 
that:
    ``(a) For the purpose of carrying out the provisions of title 23, 
United States Code, the following sums are hereby authorized to be 
appropriated:
    ``(1) For the Federal-aid primary system in rural areas, out of the 
Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 
1974, $700,000,000 for the fiscal year ending June 30, 1975, and 
$700,000,000 for the fiscal year ending June 30, 1976. For the Federal-
aid secondary system in rural areas, out of Highway Trust Fund, 
$390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for 
the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal 
year ending June 30, 1976.
    ``(2) For the Federal-aid urban system, out of the Highway Trust 
Fund, $780,000,000 for the fiscal year ending June 30, 1974, 
$800,000,000 for the fiscal year ending June 30, 1975, and $800,000,000 
for the fiscal year ending June 30, 1976. For the extensions of the 
Federal-aid primary and secondary systems in urban areas, out of the 
Highway Trust Fund $290,000,000 for the fiscal year ending June 30, 
1974, $300,000,000 for the fiscal year ending June 30, 1975, and 
$300,000,000 for the fiscal year ending June 30, 1976.''

                  Section Referred to in Other Sections

    This section is referred to in sections 104, 133, 409 of this title.
