1976                            LAWS OF MARYLAND                      [CH. 853

subtitle "Acceptance of federal funds," "DUTIES AND POWERS,"
said new subsection to be known as Section 76 (6) and to follow
immediately after Section 76 (5) of said Article, requiring the
State Roads Commission under certain conditions to pay the cost
of relocating or removing publicly owned utility facilities neces-
sitated by the construction, reconstruction or improvement of
State highways on the "National System of Interstate and Defense
Highways" with Federal funds under the Federal-Aid Highway
Act of 1956, such payment to be made to THE OWNER OF
the utility required to relocate or remove such facilities; and to
construe regulations, permits and orders of the State Roads Com-
mission relating to such relocation or removal.

Section 1. Be it enacted by the General Assembly of Maryland,
That a new subsection be and it is hereby added to Section 76 of
Article 89B of the Annotated Code of Maryland (1957 Edition), title
"State Roads," subtitle "Acceptance of federal funds," "DUTIES
AND POWERS," said new subsection to be known as Section 76 (6)
to follow immediately after Section 76 (5) of said Article, and to
read as follows:

76(6)

Whenever it shall be necessary as a result of construction, recon-
struction or improvement of any highway or highways within this
State on the "National System of Interstate and Defense Highways"
as defined in the Federal-Aid Highway Act of 1956, including neces-
sary bridges, tunnels and all extensions of such highways, with
Federal funds to the extent available under the said Federal-Aid
Highway Act of 1956, to relocate, realign, raise, lower, rebuild or
remove any publicly owned utility facilities, the State Roads Com-
mission shall pay to THE OWNER OF such utility the entire amount
paid by such utility properly attributable to such relocation, realign-
ment, raising, lowering, rebuilding or removal after deducting
therefrom any increase in the value of the new facility and, any
salvage value derived from the old facility, provided Federal funds
are available for reimbursement to the State of all or part of such
payment in accordance with the provisions of Sections 108 (e) and
111 of the aforesaid Federal-Aid Highway Act of 1956. Nothing
contained in the regulations, permits or orders heretofore or here-
after issued by the State Roads Commission shall be construed to
prohibit or to constitute a contract prohibiting such payment, and
any Requirements of such regulations, permits or orders relating
to such relocation, realignment, raising, lowering or rebuilding of
utility facilities are hereby expressly waived to the extent necessary
to authorize such payment, provided, however, that nothing herein
contained shall be construed to relieve THE OWNER OF such utility
from any obligation imposed upon it by law or contract to comply
promptly with any order or request by the State Roads Commission
to perform the work necessary to accomplish such relocation, re-
alignment, raising, lowering, rebuilding, or removal of such utility
facilities. As used herein, the term "publicly owned utility" shall
mean a utility owned or operated by a county, municipality, com-
mission, board, district or agency created under the laws of the
State of Maryland.