Title 23 — HighwaysRelease 119-73
§218 Alaska Highway
Title 23 › Chapter CHAPTER 2— - OTHER HIGHWAYS › § 218
Summary
The Secretary may rebuild the Alaska Highway from the Alaska border at Beaver Creek, Yukon Territory to Haines Junction, and the Haines Cutoff from Haines Junction to Haines, Alaska. The work can use competitive grant money if the highway otherwise qualifies. With Alaska’s agreement, the Secretary may also spend Federal-aid highway funds apportioned to Alaska at a Federal share of 100 percent. Money cannot be spent for the parts in Canada unless the United States and Canada have an agreement (including one already in place on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that requires Canada to give needed right-of-way without U.S. Title funds, not charge tolls, not impose unequal fees or taxes on U.S. users, keep reciprocal vehicle registration and driver’s license recognition, and maintain the highways after completion. Surveys and construction in Canada must be supervised by the Secretary. The Alaska Marine Highway System means all existing or planned Alaska ferry and related facilities and equipment, like vessels, terminals, docks, ramps, parking, bridges, roads, and similar items. Projects funded under this authority in Alaska are treated as federal-aid highway projects.
Full Legal Text
Title 23, §218
Highways — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
Amendments
2021—Pub. L. 117–58, § 11116, amended section generally. Prior to amendment, section read as follows: “(a) Notwithstanding any other provision of law upon agreement with the State of Alaska, the Secretary is authorized to expend on 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. “(b) 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, or
Construction
of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.” Subsec. (c). Pub. L. 117–58, § 71103(g)(2), inserted “operation, repair,” after “purchase,”. 2015—Pub. L. 114–94 amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below. 2012—Subsec. (a). Pub. L. 112–141, § 1519(c)(10)(A), formerly § 1519(c)(11)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), designated third sentence as subsec. (a), struck out “, in addition to such funds,” after “provision of law” and “such highway or” after “expend on”, and struck out former first, second, fourth, and fifth sentences, including pars. (1) to (5), relating to re
Construction
of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, appropriations for re
Construction
, obligation limitation enacted for fiscal year 1983, and certain restrictions on expenditures for
Construction
of highways in Canada. Subsecs. (b), (c). Pub. L. 112–141, § 1519(c)(10)(B), (C), formerly § 1519(c)(11)(B), (C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The survey and
Construction
work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.” 2005—Subsec. (a). Pub. L. 109–59, § 4409(1), struck out “prior to the date of the enactment of the reauthorization of the Transportation Equity Act for the 21st Century” before “shall not apply” in introductory provisions. Subsec. (c). Pub. L. 109–59, § 4409(2), added subsec. (c). 2003—Subsec. (a). Pub. L. 108–7 inserted “reauthorization of the” before “Transportation”. 1998—Subsec. (a). Pub. L. 105–277, § 101(g) [title III, § 316(1)(A)], substituted “to Haines” for “to the south Alaskan border” in first sentence, substituted “such highway or the Alaska Marine Highway System” for “such highway” in third sentence, substituted “any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century” for “any other fiscal year thereafter” in fourth sentence, substituted “
Construction
of the portion of such highways that are in Canada until an agreement” for “
Construction
of such highways until an agreement” in fifth sentence. Subsec. (b). Pub. L. 105–277, § 101(g) [title III, § 316(2)], inserted “in Canada” after “undertaken”. 1983—Subsec. (a). Pub. L. 97–424 inserted provision that notwithstanding any other provision of law, upon agreement with the State of Alaska, the Secretary is authorized to expend on the highway any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum, and that any obligation limitation enacted for fiscal year 1983 or for any other fiscal year thereafter shall not apply to such projects. 1975—Subsec. (a)(1). Pub. L. 94–147 struck out provision requiring that the right-of-way granted by the Canadian Government shall forever be held inviolate as part of such highways in public use.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment by section 11116 of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date
of 2015 Amendment Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
Effective Date
of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. Alaskan Roads Study; Investigation; Report to Congress Pub. L. 94–280, title I, § 151, May 5, 1976, 90 Stat. 448, authorized the Secretary of Transportation to undertake an investigation and study to determine the cost of, and the responsibility for, repairing the damage to Alaska highways that has been or will be caused by heavy truck traffic during
Construction
of the trans-Alaska pipeline, and required the Secretary to report the initial findings to the Congress on or before Sept. 30, 1976, and the final conclusions on rebuilding costs no later than three months after completion of pipeline
Construction
. Appropriations Authorization Pub. L. 93–87, title I, § 127(b), Aug. 13, 1973, 87 Stat. 264, provided that: “For the purpose of completing necessary re
Construction
of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the provisions of section 218 of title 23 of the United States Code.”
Reference
Citations & Metadata
Citation
23 U.S.C. § 218
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73