Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-23/chapter-1/section-102.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 102"
+description: "Program efficiencies"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "102"
+citation: "23 U.S.C. § 102"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s102"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "36d8e38fc93bceecb4c4b38dcb230de9dead55e3fe22f331677128b58d2b2218"
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+text_hash: "ca0d3f2eec497f08f435ad6693f2c2e751c43cf4a9311408d62fc9dfe1dc4857"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 102 - Program efficiencies
+
+## Text
+
+(a) Access of Motorcycles.— No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance.
+
+(b) Savings Provision.— Nothing in this section shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102–240, title I, § 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105–178, title I, §§ 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9, 1998, 112 Stat. 185, 186, 193, 227; Pub. L. 109–59, title I, § 1121(b)(1), Aug. 10, 2005, 119 Stat. 1195; Pub. L. 112–141, div. A, title I, § 1502, July 6, 2012, 126 Stat. 561; Pub. L. 117–58, div. A, title I, § 11310(a), Nov. 15, 2021, 135 Stat. 536.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2021—Pub. L. 117–58 designated second sentence of subsec. (a) as subsec. (b), inserted heading, and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “If on-site construction of, or acquisition of right-of-way for, a highway project is not commenced within 10 years (or such longer period as the State requests and the Secretary determines to be reasonable) after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for preliminary engineering of such project, the State shall pay an amount equal to the amount of Federal funds reimbursed for the preliminary engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.” 2012—Subsec. (b). Pub. L. 112–141 substituted “reimbursed for the preliminary engineering” for “made available for such engineering”. 2005—Pub. L. 109–59 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: “(1) In general.—A State transportation department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles. “(2) Exception for inherently low-emission vehicles.—Notwithstanding paragraph (1), before September 30, 2003, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle is certified as an Inherently Low-Emission Vehicle pursuant to title 40, Code of Federal Regulations, and is labeled in accordance with, section 88.312–93(c) of such title. Such permission may be revoked by the State should the State determine it necessary.” 1998—Subsec. (a). Pub. L. 105–178, § 1209, designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2). Subsec. (a)(1). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”. Subsec. (b). Pub. L. 105–178, § 1206, added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 105–178, § 1304, which directed insertion of “(or such longer period as the State requests and the Secretary determines to be reasonable)” after “10 years” in first sentence of subsec. (b), was executed by making the insertion in first sentence of subsec. (c) to reflect the probable intent of Congress and the amendment by Pub. L. 105–178, § 1206. See below. Pub. L. 105–178, § 1206, redesignated subsec. (b) as (c). 1991—Pub. L. 102–240 substituted section catchline for one which read: “Authorizations” and amended text generally. Prior to amendment, text read as follows: “The provisions of this title apply to all unappropriated authorizations contained in prior Acts, and also to all unexpended appropriations, heretofore made, providing for the expenditure of Federal funds upon the Federal-aid systems. All such authorizations and appropriations shall continue in full force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provisions of this title.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 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.
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.

legal/us/code/title-23/chapter-1/section-105.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 105"
+description: "Repealed. Pub. L. 117–58, div. A, title I, § 11501(a), Nov. 15, 2021, 135 Stat. 578]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "105"
+citation: "23 U.S.C. § 105"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s105"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "7bcb8e078122b4f521cc675fddc7a4c66d651e1b107b1d4e2717a8ac12c1fc47"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 105 - Repealed. Pub. L. 117–58, div. A, title I, § 11501(a), Nov. 15, 2021, 135 Stat. 578]
+
+## Notes
+
+Section, added Pub. L. 114–94, div. A, title I, § 1403(a), Dec. 4, 2015, 129 Stat. 1407, related to availability of additional amounts of contract authority based on additional deposits into the Highway Trust Fund.
+
+A prior section 105, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 891; Pub. L. 86–624, § 17(b), July 12, 1960, 74 Stat. 415; Pub. L. 89–564, title II, § 206, Sept. 9, 1966, 80 Stat. 736; Pub. L. 91–605, title I, §§ 106(d), 132, Dec. 31, 1970, 84 Stat. 1717, 1732; Pub. L. 93–87, title I, § 109(b), Aug. 13, 1973, 87 Stat. 255; Pub. L. 95–599, title I, §§ 111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L. 97–424, title I, § 109(a), Jan. 6, 1983, 96 Stat. 2104; Pub. L. 102–240, title I, § 1105(g)(7), Dec. 18, 1991, 105 Stat. 2036; Pub. L. 105–178, title I, § 1104(a), (c), June 9, 1998, 112 Stat. 127; Pub. L. 105–206, title IX, § 9002(d), July 22, 1998, 112 Stat. 835; Pub. L. 109–59, title I, § 1104(a), Aug. 10, 2005, 119 Stat. 1163; Pub. L. 110–244, title I, § 101(m)(3)(B), June 6, 2008, 122 Stat. 1576, related to the equity bonus program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-107.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 107"
+description: "Acquisition of rights-of-way—Interstate System"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "107"
+citation: "23 U.S.C. § 107"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s107"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "5b08f1857116b462c2de5b7388d072e7ef2ef0d06d24bfa5ddadb10ef9782bbf"
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+text_hash: "6bd7d3b08d61d58fe04865dd58d56a43a72a04fbf59b51b4497e23078d551158"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 107 - Acquisition of rights-of-way—Interstate System
+
+## Text
+
+(a) In any case in which the Secretary is requested by a State to acquire lands or interests in lands (including within the term “interests in lands”, the control of access thereto from adjoining lands) required by such State for right-of-way or other purposes in connection with the prosecution of any project for the construction, reconstruction, or improvement of any section of the Interstate System, the Secretary is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40), if—
+
+(1) the Secretary has determined either that the State is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and
+
+(2) the State has agreed with the Secretary to pay, at such time as may be specified by the Secretary an amount equal to 10 per centum of the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such lesser percentage which represents the State’s pro rata share of project costs as determined in accordance with subsection (c) 11 See References in Text note below. of section 120 of this title.
+
+The authority granted by this section shall also apply to lands and interests in lands received as grants of land from the United States and owned or held by railroads or other corporations.
+
+(b) The costs incurred by the Secretary in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the Secretary in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for construction, reconstruction, or improvement of the Interstate System apportioned to the State upon the request of which such lands or interests in lands are acquired, and any sums paid to the Secretary by such State as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of funds for construction, reconstruction, or improvement of the Interstate System, or shall be deducted from other moneys due the State for reimbursement from funds authorized to be appropriated under section 108(b) of the Federal-Aid Highway Act of 1956.
+
+(c) The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any State under the provisions of this section, except the outside five feet of any such right-of-way in any State which does not provide control of access, to the State transportation department of such State or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the Secretary and the State transportation department or political subdivisions to which the conveyance is to be made. Whenever the State makes provision for control of access satisfactory to the Secretary, the outside five feet then shall be conveyed to the State by the Secretary, as herein provided.
+
+(d) Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(1), Sept. 27, 2006, 120 Stat. 1211.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSubsection (c) of section 120 of this title, referred to in subsec. (a)(2), was struck out and a new subsec. (c) was added by Pub. L. 102–240, title I, § 1021(a), Dec. 18, 1991, 105 Stat. 1950. The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is act June 29, 1956, ch. 462, 70 Stat. 374. For complete classification of this Act to the Code, see Tables. Section 108(b) of the Federal-Aid Highway Act of 1956 is set out as a note under section 101 of this title.
+
+Amendments2006—Subsec. (a). Pub. L. 109–284 substituted “sections 3114 to 3116 and 3118 of title 40” for “the Act of February 26, 1931, 46 Stat. 1421”. 1998—Subsec. (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department” in two places.

legal/us/code/title-23/chapter-1/section-110.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 110"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "110"
+citation: "23 U.S.C. § 110"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s110"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "964c41ee45bd531ea45fb676b952d2dba4d2da1917bc1e27d9dbfeb6fa73ece6"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 110 - Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
+
+## Notes
+
+Section, added and amended Pub. L. 105–178, title I, § 1105(a), (c), June 9, 1998, 112 Stat. 130; Pub. L. 105–206, title IX, § 9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 304], Nov. 29, 1999, 113 Stat. 1536, 1501A–306; Pub. L. 106–159, title I, § 102(a)(2), Dec. 9, 1999, 113 Stat. 1752; Pub. L. 109–59, title I, § 1105(a)–(e), Aug. 10, 2005, 119 Stat. 1165, 1166, related to revenue aligned budget authority.
+
+Another section 110 was renumbered section 126 of this title.
+
+A prior section 110, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894, related to project agreements, prior to repeal by Pub. L. 105–178, title I, § 1105(a), June 9, 1998, 112 Stat. 130.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-1/section-111.md

@@ -0,0 +1,95 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 111"
+description: "Agreements relating to use of and access to rights-of-way—Interstate System"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "111"
+citation: "23 U.S.C. § 111"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s111"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "bf0b314c8e7edb370ccc031eca2b82f269d24c04a2e44d498da27bce851cc07d"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "336040025c33c76d9ab22626898e507bc722497d1260ff0b15b39f723d7d18b5"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 111 - Agreements relating to use of and access to rights-of-way—Interstate System
+
+## Text
+
+(a) In General.— All agreements between the Secretary and the State transportation department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through concessionaries or otherwise, and (2) if all access to, and exits from, such establishment conform to the standards established for such a highway under this title.
+
+(b) Rest Areas.— (1) In general.— Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State.
+
+(2) Limited activities.— The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to—
+
+(A) commercial advertising and media displays if such advertising and displays are—
+
+(i) exhibited solely within any facility constructed in the rest area; and
+
+(ii) not legible from the main traveled way;
+
+(B) items designed to promote tourism in the State, limited to books, DVDs, and other media;
+
+(C) tickets for events or attractions in the State of a historical or tourism-related nature;
+
+(D) travel-related information, including maps, travel booklets, and hotel coupon booklets; and
+
+(E) lottery machines, provided that the priority afforded to blind vendors under subsection (c) applies to this subparagraph.
+
+(3) Private operators.— A State may permit a private party to operate such commercial activities.
+
+(4) Limitation on use of revenues.— A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.
+
+(c) Vending Machines.— Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State transportation department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the “Randolph-Sheppard Act” (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines shall not be eligible for Federal assistance under this title.
+
+(d) Motorist Call Boxes.— (1) In general.— Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rights-of-way of the National Highway System. Such motorist call boxes may include the identification and sponsorship logos of such call boxes.
+
+(2) Sponsorship logos.— (A) Approval by state and local agencies.— All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located.
+
+(B) Size on box.— A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches.
+
+(C) Size on identification sign.— Sponsorship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post.
+
+(D) Spacing of signs.— Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles.
+
+(E) Distribution throughout state.— Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000.
+
+(3) Nonsafety hazards.— The call boxes and their location, posts, foundations, and mountings shall be consistent with requirements of the Manual on Uniform Traffic Control Devices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists.
+
+(e) Justification Reports.— If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area), the Secretary may permit a State transportation department to approve the report.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87–61, title I, § 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95–599, title I, § 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100–17, title I, § 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104–59, title III, § 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1412, Aug. 10, 2005, 119 Stat. 1234; Pub. L. 110–244, title I, § 104, June 6, 2008, 122 Stat. 1578; Pub. L. 112–141, div. A, title I, §§ 1505, 1539(a), July 6, 2012, 126 Stat. 564, 587; Pub. L. 114–94, div. A, title I, § 1405, Dec. 4, 2015, 129 Stat. 1410.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2015—Subsec. (e). Pub. L. 114–94 inserted “(including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “the Interstate System”. 2012—Subsec. (a). Pub. L. 112–141, § 1539(a)(1), inserted “and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment” before period at end of second sentence. Subsecs. (b) to (d). Pub. L. 112–141, § 1539(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Subsec. (e). Pub. L. 112–141, § 1505, added subsec. (e). 2008—Subsec. (d). Pub. L. 110–244 struck out subsec. (d) which related to idling reduction facilities in rights-of-way of Interstate System. 2005—Subsec. (d). Pub. L. 109–59 added subsec. (d). 1998—Subsecs. (a), (b). Pub. L. 105–178 substituted “State transportation department” for “State highway department”. 1995—Subsec. (c). Pub. L. 104–59 added subsec. (c). 1987—Pub. L. 100–17 designated existing provision as subsec. (a), inserted heading for subsec. (a), and added subsec. (b). 1978—Pub. L. 95–599 inserted provision listing situations which would not require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users. 1961—Pub. L. 87–61 substituted “to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere” for “to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehicles provided such use does not interfere”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Interstate Oasis ProgramPub. L. 109–59, title I, § 1310, Aug. 10, 2005, 119 Stat. 1219, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this section [Aug. 10, 2005], in consultation with the States and other interested parties, the Secretary [of Transportation] shall—“(1) establish an interstate oasis program; and “(2) after providing an opportunity for public comment, develop standards for designating, as an interstate oasis, a facility that—“(A) offers—“(i) products and services to the public; “(ii) 24-hour access to restrooms; and “(iii) parking for automobiles and heavy trucks; and “(B) meets other standards established by the Secretary. “(b) Standards for Designation.—The standards for designation under subsection (a) shall include standards relating to—“(1) the appearance of a facility; and “(2) the proximity of the facility to the Dwight D. Eisenhower National System of Interstate and Defense Highways. “(c) Eligibility for Designation.—If a State (as defined in section 101(a) of title 23, United States Code) elects to participate in the interstate oasis program, any facility meeting the standards established by the Secretary [of Transportation] shall be eligible for designation under this section. “(d) Logo.—The Secretary [of Transportation] shall design a logo to be displayed by a facility designated under this section.”
+
+Vending Machines; Placement in Rest, Recreation, and Safety Rest Areas; State Operation of MachinesPub. L. 97–424, title I, § 111, Jan. 6, 1983, 96 Stat. 2106, provided that notwithstanding section 111 of this title before Oct. 1, 1983, any State could permit placement of vending machines in rest and recreation areas and in safety rest areas constructed or located on rights-of-way of National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] in such State. Such vending machines could only dispense such food, drink, and other articles as the State highway department determined were appropriate and desirable. Such vending machines could only be operated by the State. In permitting the placement of vending machines under this section, the State had to give priority to vending machines which were operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, known as the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).
+
+Demonstration Project for Vending Machines in Rest and Recreation AreasPub. L. 95–599, title I, § 153, Nov. 6, 1978, 92 Stat. 2716, authorized Secretary of Transportation to implement a demonstration project respecting placement of vending machines in rest and recreation areas and to report not later than two years after Nov. 6, 1978, on results of such project.
+
+Revision of Agreements Relating to Utilization of Space on Rights-of-WayPub. L. 87–61, title I, § 104(b), June 29, 1961, 75 Stat. 123, authorized Secretary of Commerce [now Transportation], on application, to revise any agreement made prior to June 29, 1961, to extent that such agreement relates to utilization of space on rights-of-way on National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] to conform to section 111 of this title as amended by subsection (a).

legal/us/code/title-23/chapter-1/section-113.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 113"
+description: "Prevailing rate of wage"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "113"
+citation: "23 U.S.C. § 113"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s113"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "d218751f759510a374bdeef30ae9d6709f8567925efea4291c63f403a555f6a8"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "2f55650ad02f91a3afe891d2e3b282cfb22cbcac713cc9a6839e921edcd440b0"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 113 - Prevailing rate of wage
+
+## Text
+
+(a) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on highway projects on the Federal-aid highways authorized under the highway laws providing for the expenditure of Federal funds upon Federal-aid highways, shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40.
+
+(b) In carrying out the duties of subsection (a) of this section, the Secretary of Labor shall consult with the highway department of the State in which a project on any Federal-aid highway is to be performed. After giving due regard to the information thus obtained, he shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of subsection (a) of this section which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project.
+
+(c) The provisions of the section shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal-aid highway construction programs.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90–495, § 12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97–424, title I, § 149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100–17, title I, § 133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107–217, § 3(e)(2), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 112–141, div. A, title I, § 1104(c)(2), July 6, 2012, 126 Stat. 427.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2012—Subsec. (a). Pub. L. 112–141, § 1104(c)(2)(A), substituted “Federal-aid highways” for “the Federal-aid systems”. Subsec. (b). Pub. L. 112–141, § 1104(c)(2)(B), substituted “Federal-aid highway” for “of the Federal-aid systems”. 2002—Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931, known as the Davis-Bacon Act (40 U.S.C. 276a)”. 1991—Subsec. (a). Pub. L. 102–240, which directed substitution of “highways” for “systems, the primary and secondary, as well as their extension in urban areas, and the Interstate system,” was executed by making the substitution for the quoted words which in the original contained the word “extensions” rather than “extension”, to reflect the probable intent of Congress. 1987—Subsec. (a). Pub. L. 100–17 substituted “March 3, 1931” for “August 30, 1935” and “276a” for “267a”. 1983—Subsec. (a). Pub. L. 97–424 struck out “initial” after “subcontractors on the”. 1968—Subsec. (a). Pub. L. 90–495 extended wage rate provisions to the construction of all Federal-aid highway projects by amending provisions limiting them only to the Interstate System. Subsec. (b). Pub. L. 90–495 substituted “any of the Federal-aid systems” for “the Interstate System”. Subsec. (c). Pub. L. 90–495 added subsec. (c).
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-116.md

@@ -0,0 +1,65 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 116"
+description: "Maintenance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "116"
+citation: "23 U.S.C. § 116"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s116"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "c9f31db800fa133d950aab64744896b5b00add0435b7edb96c52e049aaa18f4f"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "71e9b1d7c0fa7685546c12a2fbbf433ee58e49eeed6cefcaafc67f6d93956c7f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 116 - Maintenance
+
+## Text
+
+(a) Definitions.— In this section, the following definitions apply:
+
+(1) Preventive maintenance.— The term “preventive maintenance” includes pavement preservation programs and activities.
+
+(2) Pavement preservation programs and activities.— The term “pavement preservation programs and activities” means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.
+
+(b) It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.
+
+(c) Agreement.— In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project.
+
+(d) If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance.
+
+(e) Preventive Maintenance.— A preventive maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary that the activity is a cost-effective means of extending the useful life of a Federal-aid highway.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–70, § 21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90–495, § 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95–599, title I, § 124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97–424, title I, § 114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, § 125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104–59, title III, § 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 112–141, div. A, title I, § 1507, July 6, 2012, 126 Stat. 565.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2012—Subsec. (a). Pub. L. 112–141, § 1507(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 112–141, § 1507(1), (3), redesignated subsec. (a) as (b), inserted “or other direct recipient” before “to maintain”, and struck out at end “The State’s obligation to the United States to maintain any such project shall cease when it no longer constitutes a part of a Federal-aid system.” Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 112–141, § 1507(4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In any State wherein the State transportation department is without legal authority to maintain a project constructed on the Federal-aid secondary system, or within a municipality, such transportation department shall enter into a formal agreement for its maintenance with the appropriate officials of the county or municipality in which such project is located.” Pub. L. 112–141, § 1507(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 112–141, § 1507(1), (5), redesignated subsec. (c) as (d) and inserted “or other direct recipient” after “State transportation department”. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 112–141, § 1507(1), redesignated subsec. (d) as (e). 2005—Subsec. (b). Pub. L. 109–59 substituted “such transportation department” for “such highway department”. 1998—Subsecs. (a) to (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department”. 1995—Subsec. (d). Pub. L. 104–59 added subsec. (d). 1987—Subsecs. (d), (e). Pub. L. 100–17 struck out subsecs. (d) and (e) which read as follows: “(d) The Secretary in consultation with the State highway departments and interested and knowledgeable private organizations and individuals shall as soon as possible establish national bridge inspection standards in order to provide for the proper safety inspection of bridges. Such standards shall specify in detail the method by which inspections shall be conducted by the State highway departments, the maximum time lapse between inspections and the qualifications for those charged with the responsibility for carrying out such inspections. Each State shall be required to maintain written reports to be available to the Secretary pursuant to such inspections together with a notation of the action taken pursuant to the findings of such inspections. Each State shall be required to maintain a current inventory of all bridges. “(e) The Secretary shall establish in cooperation with the State highway departments a program designed to train appropriate employees of the Federal Government and the State governments to carry out bridge inspections. Such a program shall be revised from time to time in light of new or improved techniques. For the purposes of this section the Secretary may use funds made available pursuant to the provisions of section 104(a) and section 307(a) of this title.” 1983—Subsec. (c). Pub. L. 97–424 substituted “State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate,” for “entire State” after “all types in the”, and struck out exception for a situation where such project was subject to an agreement pursuant to subsection (b) of this section, in which case approval was to have been withheld only for secondary or urban projects in the county or municipality where such project is located. 1978—Subsec. (d). Pub. L. 95–599 struck out provisions limiting provisions of the subsection to the Federal-aid system. 1968—Subsecs. (d), (e). Pub. L. 90–495 added subsecs. (d) and (e). 1959—Subsec. (a). Pub. L. 86–70, § 21(e)(3), substituted “It” for “Except as provided in subsection (d) of this section, it”. Subsec. (d). Pub. L. 86–70, § 21(d)(2), repealed subsec. (d) which related to expenditure of funds apportioned to the Territory of Alaska and contributed by the Territory for the maintenance of roads.
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.
+
+Effective Date of 1959 AmendmentAmendment by section 21(d)(2) of Pub. L. 86–70 effective July 1, 1959, see section 21(d) of Pub. L. 86–70, set out as a note under section 103 of this title. Amendment by section 21(e)(3) of Pub. L. 86–70 effective July 1, 1959, see section 21(e) of Pub. L. 86–70, set out as a note under section 101 of this title.
+
+Pilot ProgramPub. L. 114–94, div. A, title I, § 1424, Dec. 4, 2015, 129 Stat. 1425, provided that: “(a) In General.—The Administrator of the Federal Highway Administration (referred to in this section as the ‘Administrator’) may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State. “(b) Limitation.—A pilot program established under subsection (a) shall—“(1) terminate after not more than 4 years; “(2) include not more than 5 States; and “(3) be subject to guidelines published by the Administrator. “(c) Report.—If the Administrator establishes a pilot program under subsection (a), the Administrator shall, not more than 1 year after the completion of the pilot program, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the pilot program. “(d) Savings Provision.—Nothing in this section may be construed to affect the requirements of section 111 of title 23, United States Code.”
+
+Establishment of Minimum Federal Guidelines for Maintenance; Study by National Academy of Sciences and ReportPub. L. 100–17, title I, § 163, Apr. 2, 1987, 101 Stat. 213, directed Secretary to enter into appropriate arrangements with the National Academy of Sciences to conduct a complete investigation of the appropriateness of establishing minimum Federal guidelines for maintenance of the Federal-aid primary, secondary, and urban systems and, not later than 18 months after entering into appropriate arrangements, the National Academy of Sciences was to submit to Secretary and Congress a report on the results of the investigation and study together with recommendations (including legislative and administrative recommendations) concerning establishment of minimum Federal guidelines for maintenance of the Federal-aid primary, secondary, and urban systems.

legal/us/code/title-23/chapter-1/section-117.md

@@ -0,0 +1,363 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 117"
+description: "Nationally significant multimodal freight and highway projects"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "117"
+citation: "23 U.S.C. § 117"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s117"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "370643ac475d37a1abb30891f773561342f2102ea8334e899e73fa0fc700d8a3"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "7a1b03e926561d619e9d8823bda941d5e62d6ad2175a3797162b25bf048d2591"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 117 - Nationally significant multimodal freight and highway projects
+
+## Text
+
+(a) Establishment.— (1) In general.— There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.
+
+(2) Goals.— The goals of the program shall be to—
+
+(A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas;
+
+(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
+
+(C) reduce highway or freight congestion and bottlenecks;
+
+(D) improve connectivity between modes of freight transportation;
+
+(E) enhance the resiliency of critical highway or freight infrastructure and help protect the environment;
+
+(F) improve roadways vital to national energy security, including highways that support movement of energy equipment; and
+
+(G) address the impact of population growth on the movement of people and freight.
+
+(b) Grant Authority.— (1) In general.— In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
+
+(2) Grant amount.— Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
+
+(3) Grant administration.— The Secretary may—
+
+(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and
+
+(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
+
+(c) Eligible Applicants.— (1) In general.— The Secretary may make a grant under this section to the following:
+
+(A) A State or a group of States.
+
+(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
+
+(C) A unit of local government or a group of local governments.
+
+(D) A political subdivision of a State or local government.
+
+(E) A special purpose district or public authority with a transportation function, including a port authority.
+
+(F) A Federal land management agency that applies jointly with a State or group of States.
+
+(G) A tribal government or a consortium of tribal governments.
+
+(H) A multistate corridor organization.
+
+(I) A multistate or multijurisdictional group of entities described in this paragraph.
+
+(2) Applications.— To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.
+
+(d) Eligible Projects.— (1) In general.— Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that—
+
+(A) is—
+
+(i) a highway freight project carried out on the National Highway Freight Network established under section 167;
+
+(ii) a highway or bridge project carried out on the National Highway System, including—
+
+(I) a project to add capacity to the Interstate System to improve mobility; or
+
+(II) a project in a national scenic area;
+
+(iii) a freight project that is—
+
+(I) a freight intermodal or freight rail project; or
+
+(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility;
+
+(iv) a railway-highway grade crossing or grade separation project;
+
+(v) a wildlife crossing project;
+
+(vi) a surface transportation infrastructure project that—
+
+(I) is located within the boundaries of or functionally connected to an international border crossing area in the United States;
+
+(II) improves a transportation facility owned by a Federal, State, or local government entity; and
+
+(III) increases throughput efficiency of the border crossing described in subclause (I), including—
+
+(aa) a project to add lanes;
+
+(bb) a project to add technology; and
+
+(cc) other surface transportation improvements;
+
+(vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project—
+
+(I) is functionally connected to the National Highway Freight Network; and
+
+(II) is likely to reduce on-road mobile source emissions; or
+
+(viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and
+
+(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
+
+(i) $100,000,000; or
+
+(ii) in the case of a project—
+
+(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or
+
+(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
+
+(2) Limitation.— (A) In general.— Not more than 30 percent of the amounts made available for grants under this section for each of fiscal years 2022 through 2026 may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if—
+
+(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and
+
+(ii) the Federal share of the project funds only elements of the project that provide public benefits.
+
+(B) Exclusions.— The limitation under subparagraph (A)—
+
+(i) shall not apply to a railway-highway grade crossing or grade separation project; and
+
+(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.
+
+(e) Small Projects.— (1) In general.— The Secretary shall reserve not less than 15 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B).
+
+(2) Grant amount.— Each grant made under this subsection shall be in an amount that is at least $5,000,000.
+
+(3) Project selection considerations.— In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider—
+
+(A) the cost effectiveness of the proposed project;
+
+(B) the effect of the proposed project on mobility in the State and region in which the project is carried out; and
+
+(C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.
+
+(4) Requirement.— Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).
+
+(f) Eligible Project Costs.— Grant amounts received for a project under this section may be used for—
+
+(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
+
+(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
+
+(g) Project Requirements.— The Secretary may select a project described under this section (other than subsection (e)) for funding under this section only if the Secretary determines that—
+
+(1) the project will generate national or regional economic, mobility, or safety benefits;
+
+(2) the project will be cost effective;
+
+(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
+
+(4) the project is based on the results of preliminary engineering;
+
+(5) with respect to related non-Federal financial commitments—
+
+(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and
+
+(B) contingency amounts are available to cover unanticipated cost increases;
+
+(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
+
+(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
+
+(h) Additional Considerations.— In making a grant under this section, the Secretary shall consider—
+
+(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
+
+(2) utilization of non-Federal contributions;
+
+(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities;
+
+(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;
+
+(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and
+
+(6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.
+
+(i) Rural Areas.— (1) In general.— The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas.
+
+(2) Excess funding.— In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make grants under subsection (e).
+
+(3) Rural area defined.— In this subsection, the term “rural area” means an area that is outside an urbanized area with a population of over 200,000.
+
+(j) Federal Assistance.— (1) Federal share.— (A) In general.— Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent.
+
+(B) Small projects.— In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.
+
+(2) Maximum federal involvement.— Except for grants under subsection (q), Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that—
+
+(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and
+
+(B) for a State not described in subparagraph (A), the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
+
+(3) Federal land management agencies.— Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F).
+
+(k) Efficient Use of Non-Federal Funds.— (1) In general.— Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—
+
+(A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and
+
+(B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided.
+
+(2) Requirements.— (A) Application.— In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including—
+
+(i) a description of the activities the grant recipient intends to fund;
+
+(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and
+
+(iii) the level of risk of the activities described in clause (i).
+
+(B) Approval.— The Secretary shall approve or disapprove each request submitted under subparagraph (A).
+
+(C) Compliance with applicable requirements.— Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement.
+
+(3) Effect.— The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—
+
+(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;
+
+(B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or
+
+(C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).
+
+(l) Treatment of Freight Projects.— Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.
+
+(m) TIFIA Program.— At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.
+
+(n) Congressional Notification.— (1) In general.— Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—
+
+(A) an evaluation and justification for the applicable project; and
+
+(B) a description of the amount of the proposed grant award.
+
+(2) Congressional disapproval.— The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).
+
+(o) Applicant Notification.— (1) In general.— Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.
+
+(2) Inclusion.— A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—
+
+(A) detail on the evaluation of the application of the eligible applicant; and
+
+(B) an explanation of and guidance on the reasons the application was not selected for a grant under this section.
+
+(3) Response.— (A) In general.— Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief.
+
+(B) Debrief.— If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.
+
+(p) Reports.— (1) Annual report.— (A) In general.— Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.
+
+(B) Inclusions.— The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.
+
+(C) Availability.— The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A).
+
+(D) Applicability.— This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021.
+
+(2) Comptroller general.— (A) Assessment.— The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.
+
+(B) Report.— Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—
+
+(i) the process by which each project was selected;
+
+(ii) the factors that went into the selection of each project; and
+
+(iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section.
+
+(3) Inspector general.— Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall—
+
+(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and
+
+(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).
+
+(q) State Incentives Pilot Program.— (1) Establishment.— There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the “pilot program”).
+
+(2) Priority.— In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.
+
+(3) Federal share.— (A) In general.— Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.
+
+(B) No federal involvement.— (i) In general.— For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A).
+
+(ii) Exception.— An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds.
+
+(4) Reservation.— (A) In general.— Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.
+
+(B) Unutilized amounts.— In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section.
+
+(5) Set-asides.— (A) Small projects.— (i) In general.— Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e).
+
+(ii) Requirement.— For a grant awarded from the amount reserved under clause (i)—
+
+(I) the requirements of subsection (e) shall apply; and
+
+(II) the requirements of subsection (g) shall not apply.
+
+(B) Rural projects.— (i) In general.— Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i).
+
+(ii) Requirement.— For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply.
+
+(6) Report to congress.— Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—
+
+(A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program;
+
+(B) the number, types, and locations of grant recipients under the pilot program;
+
+(C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and
+
+(D) any recommendations for modifications to the pilot program.
+
+(r) Multistate Corridor Organization Defined.— For purposes of this section, the term “multistate corridor organization” means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.
+
+(s) Additional Authorization of Appropriations.— In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated—
+
+(1) $1,000,000,000 for fiscal year 2022;
+
+(2) $1,100,000,000 for fiscal year 2023;
+
+(3) $1,200,000,000 for fiscal year 2024;
+
+(4) $1,300,000,000 for fiscal year 2025; and
+
+(5) $1,400,000,000 for fiscal year 2026.
+
+(Added Pub. L. 114–94, div. A, title I, § 1105(a), Dec. 4, 2015, 129 Stat. 1332; amended Pub. L. 116–159, div. B, title I, § 1102, Oct. 1, 2020, 134 Stat. 726; Pub. L. 117–58, div. A, title I, § 11110(a), Nov. 15, 2021, 135 Stat. 468.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (p)(2)(B), (3) and (q)(6), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
+
+Prior ProvisionsA prior section 117, added Pub. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255; amended Pub. L. 106–346, § 101(a) [title III, § 363], Oct. 23, 2000, 114 Stat. 1356, 1356A–36; Pub. L. 109–59, title I, § 1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Pub. L. 110–244, title I, § 101(k), June 6, 2008, 122 Stat. 1574, related to high priority projects program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012. Another prior section 117, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 93–87, title I, § 116(a), Aug. 13, 1973, 87 Stat. 258; Pub. L. 94–280, title I, § 116, May 5, 1976, 90 Stat. 436; Pub. L. 97–449, § 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102–240, title I, § 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Pub. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255.
+
+Amendments2021—Pub. L. 117–58, § 11110(a)(1), inserted “multimodal” before “freight” in section catchline. Subsec. (a)(2)(A). Pub. L. 117–58, § 11110(a)(2)(A), inserted “in and across rural and urban areas” after “people”. Subsec. (a)(2)(C). Pub. L. 117–58, § 11110(a)(2)(B), inserted “or freight” after “highway”. Subsec. (a)(2)(E). Pub. L. 117–58, § 11110(a)(2)(C), inserted “or freight” after “highway”. Subsec. (a)(2)(F). Pub. L. 117–58, § 11110(a)(2)(D), inserted “, including highways that support movement of energy equipment” after “security”. Subsec. (b)(3). Pub. L. 117–58, § 11110(a)(3), added par. (3). Subsec. (c)(1)(H), (I). Pub. L. 117–58, § 11110(a)(4), added subpar. (H) and redesignated former subpar. (H) as (I). Subsec. (d)(1)(A)(v) to (viii). Pub. L. 117–58, § 11110(a)(5)(A), added cls. (v) to (viii). Subsec. (d)(2)(A). Pub. L. 117–58, § 11110(a)(5)(B)(ii), which directed substitution of “each of fiscal years 2022 through 2026” for “fiscal years 2016 through 2020, in the aggregate,” in introductory provisions, was executed by making the substitution for “fiscal years 2016 through 2021, in the aggregate,” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–159. See 2020 Amendment note below. Pub. L. 117–58, § 11110(a)(5)(B)(i), substituted “30 percent” for “$600,000,000” in introductory provisions. Subsec. (e)(1). Pub. L. 117–58, § 11110(a)(6)(A), substituted “not less than 15 percent” for “10 percent”. Subsec. (e)(3)(C). Pub. L. 117–58, § 11110(a)(6)(B), added subpar. (C). Subsec. (e)(4). Pub. L. 117–58, § 11110(a)(6)(C), added par. (4). Subsec. (f)(2). Pub. L. 117–58, § 11110(a)(7), inserted “(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)” after “environmental mitigation”. Subsec. (h)(4) to (6). Pub. L. 117–58, § 11110(a)(8), added pars. (4) to (6). Subsec. (i)(2). Pub. L. 117–58, § 11110(a)(9), substituted “grants under subsection (e)” for “other grants under this section”. Subsec. (j). Pub. L. 117–58, § 11110(a)(10)(A), substituted “Federal Assistance” for “Federal Share” in heading. Subsec. (j)(1). Pub. L. 117–58, § 11110(a)(10)(A), (B), substituted “Federal share” for “In general” in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share” for “The Federal share”, and added subpar. (B). Subsec. (j)(2). Pub. L. 117–58, § 11110(a)(10)(C), substituted “Except for grants under subsection (q), Federal assistance other” for “Federal assistance other”, inserted dash after “except that”, added subpar. (A), and inserted subpar. (B) designation and “for a State not described in subparagraph (A),” before “the total Federal”. Subsecs. (k) to (n). Pub. L. 117–58, § 11110(a)(11), (12), added subsec. (k) and redesignated former subsecs. (k) to (m) as (l) to (n), respectively. Former subsec. (n) redesignated (p) and subsequently struck out. Subsec. (n)(1). Pub. L. 117–58, § 11110(a)(13), added par. (1) and struck out former par. (1) which related to congressional notification regarding certain grants. Subsec. (o). Pub. L. 117–58, § 11110(a)(14), added subsec. (o). Subsec. (p). Pub. L. 117–58, § 11110(a)(11), (15), redesignated subsec. (n) as (p), struck it out, and added a new subsec. (p). Prior to amendment, subsec. related to annual reports on projects by the Secretary and assessments and reports by the Comptroller General. Subsecs. (q) to (s). Pub. L. 117–58, § 11110(a)(15), added subsecs. (q) to (s). 2020—Subsec. (d)(2)(A). Pub. L. 116–159 substituted “$600,000,000” for “$500,000,000” and “2021” for “2020” in introductory provisions.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
+
+Efficient Use of Non-Federal FundsPub. L. 117–58, div. A, title I, § 11110(c), Nov. 15, 2021, 135 Stat. 475, provided that: “(1) In general.—Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. “(2) Grant described.—A grant referred to in paragraph (1) is a grant that is—“(A) provided under a competitive discretionary grant program administered by the Federal Highway Administration; “(B) for a project eligible under title 23, United States Code; and “(C) in an amount greater than $5,000,000.”

legal/us/code/title-23/chapter-1/section-121.md

@@ -0,0 +1,59 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 121"
+description: "Payment to States for construction"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "121"
+citation: "23 U.S.C. § 121"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s121"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "478b2866134f8b6a66e237e650446d561c3cef094dcc61ad50df04f3c2b85508"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "ea80e2d6e1f6093ccb5e55cf3936bcdbe109334d2ea9c3ea2d5fba92ed9cf525"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 121 - Payment to States for construction
+
+## Text
+
+(a) In General.— The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project (including payments made pursuant to a long-term concession agreement, such as availability payments). Such payments may also be made for the value of the materials—
+
+(1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and
+
+(2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity.
+
+(b) Project Agreement.— No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project.
+
+(c) Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88–157, § 7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93–87, title I, § 117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100–17, title I, § 133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226; Pub. L. 114–94, div. A, title II, § 2002(a), Dec. 4, 2015, 129 Stat. 1446.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2015—Subsec. (a). Pub. L. 114–94 inserted “(including payments made pursuant to a long-term concession agreement, such as availability payments)” after “a project” in introductory provisions. 1998—Subsec. (a). Pub. L. 105–178, § 1302(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary may, in his discretion, from time to time as the work progresses, make payments to a State for costs of construction incurred by it on a project. These payments shall at no time exceed the Federal share of the costs of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project. Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.” Subsec. (b). Pub. L. 105–178, § 1302(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “After completion of a project in accordance with the plans and specifications, and approval of the final voucher by the Secretary, a State shall be entitled to payment out of the appropriate sums apportioned to it of the unpaid balance of the Federal share payable on account of such project.” Subsec. (c). Pub. L. 105–178, § 1302(2), (3), redesignated subsec. (e) as (c) and struck out former subsec. (c) which read as follows: “No payment shall be made under this chapter, except for a project located on a Federal-aid system and covered by a project agreement. No final payment shall be made to a State for its costs of construction of a project until the completion of the construction has been approved by the Secretary following inspections pursuant to section 114(a) of this title.” Subsec. (d). Pub. L. 105–178, § 1302(2), struck out subsec. (d) which read as follows: “In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments continued in sections 106(c), 120, and 130 of this title.” Subsec. (e). Pub. L. 105–178, § 1302(3), redesignated subsec. (e) as (c). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”. 1991—Subsec. (d). Pub. L. 102–240 substituted “106(c), 120,” for “120” and struck out at end “Payments for construction engineering on any project financed with Federal-aid highway funds shall not exceed 15 percent of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering.” 1987—Subsec. (d). Pub. L. 100–17 substituted “15 percent” for “10 per centum” and struck out at end “However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.” 1976—Subsec. (d). Pub. L. 94–280 substituted “Federal-aid highway funds” for “Federal-aid primary, secondary, or urban funds” and struck out 10 per centum limitation provision for any project financed with interstate funds. 1973—Subsec. (a). Pub. L. 93–87 authorized payments to be made for materials not in the construction vicinity where the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity. 1963—Subsec. (d). Pub. L. 88–157 substituted “any project financed with Federal-aid primary, secondary, or urban funds” for “any one project” and provided for limitation, on payments for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of Federal share of cost of construction of the project where found by the Secretary to be necessary and for 10–percent limitation on projects financed with interstate funds.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
+
+At-Risk Project Preagreement AuthorityPub. L. 114–94, div. A, title I, § 1440, Dec. 4, 2015, 129 Stat. 1434, provided that: “(a) Definition of Preliminary Engineering.—In this section, the term ‘preliminary engineering’ means allowable preconstruction project development and engineering costs. “(b) At-risk Project Preagreement Authority.—A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may—“(1) incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary [of Transportation] to proceed with the project; and “(2) request reimbursement of applicable Federal funds after the project authorization is received. “(c) Eligibility.—The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)—“(1) if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met; “(2) in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) have been met; and “(3) if the costs would have been allowable if incurred after the date of the project authorization by the Department. “(d) At-risk.—A recipient or subrecipient that elects to use the authority provided under this section shall—“(1) assume all risk for preliminary engineering costs incurred prior to project authorization; and “(2) be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received. “(e) Restrictions.—Nothing in this section—“(1) allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process; “(2) waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or “(3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding.”
+
+Submission of Recommendations to Congress for Reimbursement of States for Certain HighwaysPub. L. 85–845, Aug. 28, 1958, 72 Stat. 1083, required Secretary of Commerce, within ten days after first day of first session of Eighty-sixth Congress, to submit to Congress recommendations for legislation for purpose of assisting Congress to determine whether or not to reimburse each State of any portion of a toll or free highway (1) which was on National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways], (2) which met standards required by Federal-Aid Highway Act of 1956 for such System of Interstate and Defense Highways, and (3) construction of which had been completed since Aug. 2, 1947, or which had been in actual use or under construction by contract, for completion, awarded not later than June 30, 1957.

legal/us/code/title-23/chapter-1/section-122.md

@@ -0,0 +1,67 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 122"
+description: "Payments to States for bond and other debt instrument financing"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "122"
+citation: "23 U.S.C. § 122"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s122"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "ded7fa62becad6899cfb1e9539f25dc9871afe6fddb023e26c72b0871c011955"
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+text_hash: "983fdf0cf2d30938c2d41379d1e7def4f02d070f99d65de5718add6737c1633f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 122 - Payments to States for bond and other debt instrument financing
+
+## Text
+
+(a) Definition of Eligible Debt Financing Instrument.— In this section, the term “eligible debt financing instrument” means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State or a public authority, the proceeds of which are used for an eligible project under this title.
+
+(b) Federal Reimbursement.— Subject to subsections (c) and (d), the Secretary may reimburse a State for expenses and costs incurred by the State or a political subdivision of the State and reimburse a public authority for expenses and costs incurred by the public authority for—
+
+(1) interest payments under an eligible debt financing instrument;
+
+(2) the retirement of principal of an eligible debt financing instrument;
+
+(3) the cost of the issuance of an eligible debt financing instrument;
+
+(4) the cost of insurance for an eligible debt financing instrument; and
+
+(5) any other cost incidental to the sale of an eligible debt financing instrument (as determined by the Secretary).
+
+(c) Conditions on Payment.— The Secretary may reimburse a State or public authority under subsection (b) with respect to a project funded by an eligible debt financing instrument after the State or public authority has complied with this title with respect to the project to the extent and in the manner that would be required if payment were to be made under section 121.
+
+(d) Federal Share.— The Federal share of the cost of a project payable under this section shall not exceed the Federal share of the cost of the project as determined under section 120.
+
+(e) Statutory Construction.— Notwithstanding any other provision of law, the eligibility of an eligible debt financing instrument for reimbursement under subsection (b) shall not—
+
+(1) constitute a commitment, guarantee, or obligation on the part of the United States to provide for payment of principal or interest on the eligible debt financing instrument; or
+
+(2) create any right of a third party against the United States for payment under the eligible debt financing instrument.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 95–599, title I, § 115(b), Nov. 6, 1978, 92 Stat. 2698; Pub. L. 97–424, title I, § 107(f), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100–17, title I, § 133(b)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L. 104–59, title III, § 311(a), Nov. 28, 1995, 109 Stat. 583.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1995—Pub. L. 104–59 amended section generally, substituting present provisions for provisions which authorized States to use portion of Federal highway payments to retire principal of bonds proceeds of which were used for certain Federal highway projects. 1987—Pub. L. 100–17 inserted “or for substitute highway projects approved under section 103(e)(4) of this title” before “and the retirement” in first sentence. 1983—Pub. L. 97–424 inserted “or for substitute highway projects approved under section 103(e)(4) of this title,” after “highway systems in urban areas,” and “or on highway projects approved under section 103(e)(4) of this title” after “expenditure on such system”. 1978—Pub. L. 95–599 inserted provisions relating to the retirement of bonds the proceeds of which were used for program projects, provisions that section was not to be construed as a commitment on the part of the United States to pay the principal of any such bonds, and provisions prohibiting inclusion of interest and incidental costs of bonds in estimated cost of completion.
+
+Statutory Notes and Related Subsidiaries
+
+Payment of Interest on Bonds Issued Prior to and After November 6, 1978Pub. L. 95–599, title I, § 115(c), Nov. 6, 1978, 92 Stat. 2698, provided that: “No interest shall be paid under authority of section 122 of title 23, United States Code, on any bonds issued prior to the date of enactment of this Act [Nov. 6, 1978], unless such bonds were issued for projects which were under construction on January 1, 1978. Interest on bonds issued in any fiscal year by a State after the date of enactment of this Act may be paid under authority of section 122 of title 23, United States Code, only if (1) such State was eligible to obligate funds of another State under subsection (a) of this section during such fiscal year and (2) the Secretary of Transportation certifies that such eligible State utilized, or will utilize, to the fullest extent possible during such fiscal year its authority to obligate funds under such subsection (a) of this section [amending section 118(b) of this title]. No interest shall be paid under section 122 of title 23, United States Code, on that part of the proceeds of bonds issued after the date of enactment of this Act used to retire or otherwise refinance bonds issued prior to such date.”

legal/us/code/title-23/chapter-1/section-123.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 123"
+description: "Relocation of utility facilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "123"
+citation: "23 U.S.C. § 123"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s123"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "7791607ed12d9c3d3efb8da4815ce994ba785c3f352bb9659546e515f2214758"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 123 - Relocation of utility facilities
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Cost of relocation.— The term “cost of relocation” includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility.
+
+(2) Early utility relocation project.— The term “early utility relocation project” means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.
+
+(3) Environmental review process.— The term “environmental review process” has the meaning given the term in section 139(a).
+
+(4) Transportation project.— The term “transportation project” means a project.
+
+(5) Utility facility.— The term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public.
+
+(6) Utility relocation activity.— The term “utility relocation activity” means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction.
+
+(b) Reimbursement to States.— (1) In general.— If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project.
+
+(2) Limitation.— Federal funds shall not be used to reimburse a State under this section if the payment to the utility—
+
+(A) violates the law of the State; or
+
+(B) violates a legal contract between the utility and the State.
+
+(3) Requirement.— A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities.
+
+(4) Reimbursement eligibility for early relocation prior to transportation project environmental review process.— (A) In general.— In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project.
+
+(B) Requirements for reimbursement.— Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that—
+
+(i) the early utility relocation project is necessary to accommodate a transportation project;
+
+(ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project;
+
+(iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project—
+
+(I) would not result in significant adverse environmental impacts; and
+
+(II) would comply with other applicable Federal environmental requirements;
+
+(iv) the early utility relocation project did not influence—
+
+(I) the environmental review process for the transportation project;
+
+(II) the decision relating to the need to construct the transportation project; or
+
+(III) the selection of the transportation project design or location;
+
+(v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title;
+
+(vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds;
+
+(vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135;
+
+(viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and
+
+(ix) the transportation project that necessitated the utility relocation activity is approved for construction.
+
+(C) Savings provision.— Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities.
+
+(c) Applicability of Other Provisions.— Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under—
+
+(1) section 138;
+
+(2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations);
+
+(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
+
+(4) an environmental review process.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100–17, title I, § 133(b)(8), Apr. 2, 1987, 101 Stat. 171; Pub. L. 112–141, div. A, title I, § 1104(c)(3), July 6, 2012, 126 Stat. 427; Pub. L. 117–58, div. A, title I, § 11315, Nov. 15, 2021, 135 Stat. 540.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (b)(4)(B)(viii), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (c)(2), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables. The Civil Rights Act of 1964, referred to in subsec. (c)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
+
+Amendments2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to reimbursement to States for relocation of utility facilities. 2012—Subsec. (a). Pub. L. 112–141 substituted “on any Federal-aid highway” for “on any Federal-aid system”. 1987—Subsec. (a). Pub. L. 100–17 substituted “any Federal-aid system,” for “the Federal-aid primary or secondary systems or on the Interstate System, including extensions thereof within urban areas,”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 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.
+
+Study of Procurement Practices and Project DeliveryPub. L. 105–178, title I, § 1213(e), June 9, 1998, 112 Stat. 201, directed the Comptroller General to conduct a study to assess the impact that a utility company’s failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, including an assessment of methods States use to mitigate such delays, and directed the Comptroller General to transmit to Congress a report on the results of the study with any appropriate recommendations not later than 1 year after June 9, 1998.

legal/us/code/title-23/chapter-1/section-124.md

@@ -0,0 +1,477 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 124"
+description: "Bridge investment program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "124"
+citation: "23 U.S.C. § 124"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s124"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "c85f506eea4fabfc15748248690d62fef42cf2f80b1192d8f9614b3380daa1c2"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "5cc85c3926c24953272c9b6fca64c7fd202977fa1d0d59fb28c7bb43b0321028"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 124 - Bridge investment program
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Eligible project.— (A) In general.— The term “eligible project” means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b).
+
+(B) Inclusions.— The term “eligible project” includes—
+
+(i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and
+
+(ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species.
+
+(2) Large project.— The term “large project” means an eligible project with total eligible project costs of greater than $100,000,000.
+
+(3) Program.— The term “program” means the bridge investment program established by subsection (b)(1).
+
+(b) Establishment of Bridge Investment Program.— (1) In general.— There is established a bridge investment program to provide financial assistance for eligible projects under this section.
+
+(2) Goals.— The goals of the program shall be—
+
+(A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges;
+
+(B) to improve the condition of bridges in the United States by reducing—
+
+(i) the number of bridges—
+
+(I) in poor condition; or
+
+(II) in fair condition and at risk of falling into poor condition within the next 3 years;
+
+(ii) the total person miles traveled over bridges—
+
+(I) in poor condition; or
+
+(II) in fair condition and at risk of falling into poor condition within the next 3 years;
+
+(iii) the number of bridges that—
+
+(I) do not meet current geometric design standards; or
+
+(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
+
+(iv) the total person miles traveled over bridges that—
+
+(I) do not meet current geometric design standards; or
+
+(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
+
+(C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.
+
+(c) Grant Authority.— (1) In general.— In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section.
+
+(2) Grant amounts.— Except as otherwise provided, a grant under the program shall be—
+
+(A) in the case of a large project, in an amount that is—
+
+(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and
+
+(ii) not less than $50,000,000; and
+
+(B) in the case of any other eligible project, in an amount that is—
+
+(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and
+
+(ii) not less than $2,500,000.
+
+(3) Maximum amount.— Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be—
+
+(A) in the case of a large project, not more than 50 percent; and
+
+(B) in the case of any other eligible project, not more than 80 percent.
+
+(4) Federal share.— (A) Maximum federal involvement.— Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120.
+
+(B) Off-system bridges.— In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))—
+
+(i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and
+
+(ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs.
+
+(C) Federal land management agencies and tribal governments.— Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments.
+
+(5) Considerations.— (A) In general.— In awarding grants under the program, the Secretary shall consider—
+
+(i) in the case of a large project, the ratings assigned under subsection (g)(5)(A);
+
+(ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii);
+
+(iii) the average daily person and freight throughput supported by the eligible project;
+
+(iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition;
+
+(v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects;
+
+(vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog;
+
+(vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and
+
+(viii) the extent to which a bridge that would be assisted with a grant—
+
+(I) is, without that assistance—
+
+(aa) at risk of falling into or remaining in poor condition; or
+
+(bb) in fair condition and at risk of falling into poor condition within the next 3 years;
+
+(II) does not meet current geometric design standards based on—
+
+(aa) the current use of the bridge; or
+
+(bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or
+
+(III) does not meet current seismic design standards.
+
+(B) Requirement.— The Secretary shall—
+
+(i) give priority to an application for an eligible project that is located within a State for which—
+
+(I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and
+
+(II) fewer than 2 grants have been awarded for eligible projects within the State under the program;
+
+(ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select—
+
+(I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or
+
+(II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and
+
+(iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4).
+
+(6) Culvert limitation.— Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation.
+
+(d) Eligible Entity.— The Secretary may make a grant under the program to any of the following:
+
+(1) A State or a group of States.
+
+(2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000.
+
+(3) A unit of local government or a group of local governments.
+
+(4) A political subdivision of a State or local government.
+
+(5) A special purpose district or public authority with a transportation function.
+
+(6) A Federal land management agency.
+
+(7) A Tribal government or a consortium of Tribal governments.
+
+(8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7).
+
+(e) Eligible Project Requirements.— The Secretary may make a grant under the program only to an eligible entity for an eligible project that—
+
+(1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B);
+
+(2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and
+
+(3) is based on the results of preliminary engineering.
+
+(f) Competitive Process and Evaluation of Eligible Projects Other Than Large Projects.— (1) Competitive process.— (A) In general.— The Secretary shall—
+
+(i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and
+
+(ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3).
+
+(B) Requirements.— In carrying out subparagraph (A), the Secretary shall—
+
+(i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and
+
+(ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable.
+
+(2) Applications.— An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
+
+(3) Evaluation.— (A) In general.— Prior to providing a grant under this subsection, the Secretary shall—
+
+(i) conduct an evaluation of each eligible project for which an application is received under this subsection; and
+
+(ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i).
+
+(B) Requirements.— In carrying out an evaluation under subparagraph (A), the Secretary shall—
+
+(i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary—
+
+(I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;
+
+(II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;
+
+(III) safety benefits, including the reduction of accidents and related costs;
+
+(IV) person and freight mobility benefits, including congestion reduction and reliability improvements;
+
+(V) national or regional economic benefits;
+
+(VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;
+
+(VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;
+
+(VIII) environmental benefits, including wildlife connectivity;
+
+(IX) benefits to nonvehicular and public transportation users;
+
+(X) benefits of using—
+
+(aa) innovative design and construction techniques; or
+
+(bb) innovative technologies; or
+
+(XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and
+
+(ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs.
+
+(g) Competitive Process, Evaluation, and Annual Report for Large Projects.— (1) In general.— (A) Applications.— The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).
+
+(B) First fiscal year.— Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement.
+
+(2) Information required.— The information referred to in paragraph (1) includes—
+
+(A) all necessary information required for the Secretary to evaluate the large project; and
+
+(B) information sufficient for the Secretary to determine that—
+
+(i) the large project meets the applicable requirements under this section; and
+
+(ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section.
+
+(3) Determination; notice.— On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to—
+
+(A) the eligible entity that submitted the application;
+
+(B) the Committee on Environment and Public Works of the Senate; and
+
+(C) the Committee on Transportation and Infrastructure of the House of Representatives.
+
+(4) Evaluation.— The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project—
+
+(A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2);
+
+(B) will generate, as determined by the Secretary—
+
+(i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;
+
+(ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;
+
+(iii) safety benefits, including the reduction of accidents and related costs;
+
+(iv) person and freight mobility benefits, including congestion reduction and reliability improvements;
+
+(v) national or regional economic benefits;
+
+(vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;
+
+(vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;
+
+(viii) environmental benefits, including wildlife connectivity;
+
+(ix) benefits to nonvehicular and public transportation users;
+
+(x) benefits of using—
+
+(I) innovative design and construction techniques; or
+
+(II) innovative technologies; or
+
+(xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget;
+
+(C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs;
+
+(D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and
+
+(E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State.
+
+(5) Ratings.— (A) In general.— The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include “high”, “medium-high”, “medium”, “medium-low”, and “low”) for each of—
+
+(i) paragraph (4)(B);
+
+(ii) paragraph (4)(C); and
+
+(iii) paragraph (4)(D).
+
+(B) Requirement.— To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than “medium” for each rating required under subparagraph (A).
+
+(C) Interim methodology.— In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of—
+
+(i) paragraph (4)(B);
+
+(ii) paragraph (4)(C); and
+
+(iii) paragraph (4)(D).
+
+(6) Annual report on funding recommendations for large projects.— (A) In general.— Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes—
+
+(i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year;
+
+(ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i);
+
+(iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including—
+
+(I) scheduled payments under previously signed multiyear grant agreements under subsection (j);
+
+(II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and
+
+(III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and
+
+(iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.
+
+(B) Limitations.— (i) In general.— The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years.
+
+(ii) General fund projects.— The Secretary—
+
+(I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but
+
+(II) shall not execute a grant agreement for that project unless—
+
+(aa) funds other than from the Highway Trust Fund have been made available for the project; and
+
+(bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years.
+
+(C) Considerations.— In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall—
+
+(i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and
+
+(ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization.
+
+(D) Project diversity.— In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on—
+
+(i) the amount of the grant requested; and
+
+(ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.
+
+(h) Eligible Project Costs.— A grant received for an eligible project under the program may be used for—
+
+(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;
+
+(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and
+
+(3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection.
+
+(i) TIFIA Program.— On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded.
+
+(j) Multiyear Grant Agreements for Large Projects.— (1) In general.— A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection.
+
+(2) Requirements.— A multiyear grant agreement for a large project described in paragraph (1) shall—
+
+(A) establish the terms of participation by the Federal Government in the project;
+
+(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);
+
+(C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided;
+
+(D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and
+
+(E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations).
+
+(3) Special financial rules.— (A) In general.— A multiyear grant agreement under this subsection—
+
+(i) shall obligate an amount of available budget authority specified in law; and
+
+(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
+
+(B) Statement of contingent commitment.— The agreement shall state that the contingent commitment is not an obligation of the Federal Government.
+
+(C) Interest and other financing costs.— (i) In general.— Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
+
+(ii) Certification.— The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
+
+(4) Advance payment.— Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement—
+
+(A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and
+
+(B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.
+
+(k) Undertaking Parts of Projects in Advance Under Letters of No Prejudice.— (1) In general.— The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if—
+
+(A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program;
+
+(B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and
+
+(C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements.
+
+(2) Interest and other financing costs.— (A) In general.— For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.
+
+(B) Certification.— The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A).
+
+(3) No obligation or influence on recommendations.— An approval by the Secretary under paragraph (1)(A) shall not—
+
+(A) constitute an obligation of the Federal Government; or
+
+(B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program.
+
+(l) Federally-owned Bridges.— (1) Divestiture consideration.— In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency—
+
+(A) shall consider options to divest the bridge to a State or local entity after completion of the project; and
+
+(B) may apply jointly with the State or local entity to which the bridge may be divested.
+
+(2) Treatment.— Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned.
+
+(m) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
+
+(n) Congressional Notification.— Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes—
+
+(1) an evaluation and justification for the eligible project; and
+
+(2) the amount of the proposed grant.
+
+(o) Reports.— (1) Annual report.— Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year.
+
+(2) GAO assessment and report.— Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall—
+
+(A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and
+
+(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—
+
+(i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and
+
+(ii) the justification and criteria used for the selection of each eligible project.
+
+(p) Limitation.— (1) Large projects.— Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects.
+
+(2) Unutilized amounts.— If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year.
+
+(q) Tribal Transportation Facility Bridge Set Aside.— (1) In general.— Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)—
+
+(A) $16,000,000 for fiscal year 2022;
+
+(B) $18,000,000 for fiscal year 2023;
+
+(C) $20,000,000 for fiscal year 2024;
+
+(D) $22,000,000 for fiscal year 2025; and
+
+(E) $24,000,000 for fiscal year 2026.
+
+(2) Treatment.— For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.
+
+(Added Pub. L. 117–58, div. A, title I, § 11118(a), Nov. 15, 2021, 135 Stat. 484.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (k)(1)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (o)(2), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
+
+Prior ProvisionsA prior section 124, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95–599, title I, § 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837, related to advances to States, prior to repeal by Pub. L. 112–141, § 3(a), div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 413, 575, effective Oct. 1, 2012.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-126.md

@@ -0,0 +1,65 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 126"
+description: "Transferability of Federal-aid highway funds"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "126"
+citation: "23 U.S.C. § 126"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s126"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "6ed0d62e8b05d9e813559990b7396f04544515c0860e1d348267a7e0aa243d8e"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "65481220aa1d47886de972703dafb85aa1e9523502e1ff3a6188a2deae9868ea"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 126 - Transferability of Federal-aid highway funds
+
+## Text
+
+(a) In General.— Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
+
+(b) Application to Certain Set-asides.— (1) In general.— Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.
+
+(2) Funds transferred by states.— Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year—
+
+(A) may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and
+
+(B) may only be transferred if the Secretary certifies that the State—
+
+(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;
+
+(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and
+
+(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.
+
+(Added Pub. L. 105–178, title I, § 1310(a), June 9, 1998, 112 Stat. 234, § 110; renumbered § 126, Pub. L. 106–159, title I, § 102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109–59, title I, § 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1509(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, 1437; Pub. L. 117–58, div. A, title I, § 11109(b)(2), Nov. 15, 2021, 135 Stat. 468.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 Stat. 276, related to providing Federal aid for highway construction only to States that used at least amounts provided by law on June 18, 1934, for such purposes, prior to repeal by Pub. L. 105–178, title I, § 1226(d), as added by Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837.
+
+Amendments2021—Subsec. (b)(2). Pub. L. 117–58, § 11109(b)(2)(A), (B), which directed substitution of “set aside for a State under section 133(h) for a fiscal year— “(A) may” for “reserved for a State under section 133(h) for a fiscal year may”, was executed by making the substitution for “reserved for the State under section 133(h) for a fiscal year may” to reflect the probable intent of Congress. Subsec. (b)(2)(B). Pub. L. 117–58, § 11109(b)(2)(A), (C), added subpar. (B). 2015—Subsec. (b)(1). Pub. L. 114–94, § 1446(a)(2), substituted “133(d)(1)(A)” for “133(d)”. Subsec. (b)(2). Pub. L. 114–94, § 1109(c)(1), substituted “for the State under section 133(h)” for “for the State under section 213” and “of the State under section 133(h)” for “of the State under section 213(c)(1)(B)”. 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds. 2005—Subsec. (a). Pub. L. 109–59, which directed insertion of “under” after “State’s apportionment”, was executed by making the insertion after “State’s apportionment” the second place it appeared, to reflect the probable intent of Congress. 1999—Pub. L. 106–159 renumbered section 110 of this title as this section.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.

legal/us/code/title-23/chapter-1/section-128.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 128"
+description: "Public hearings"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "128"
+citation: "23 U.S.C. § 128"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s128"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "4cd84afe9ee48142ec8c4bb0a5b9404923427bf1478027377e38dba004f963db"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "2d750a5cd5f536c2719aa81405a7d7928031a53a4824b14860388cb83f63700a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 128 - Public hearings
+
+## Text
+
+(a) Any State transportation department which submits plans for a Federal-aid highway project involving the by passing of or, going through any city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that it has had public hearings, or has afforded the opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Any State transportation department which submits plans for an Interstate System project shall certify to the Secretary that it has had public hearings at a convenient location, or has afforded the opportunity for such hearings for the purpose of enabling persons in rural areas through or contiguous to whose property the highway will pass to express any objections they may have to the proposed locations of such highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.
+
+(b) When hearings have been held under subsection (a), the State transportation department shall submit a copy of the transcript of said hearings to the Secretary, together with the certification and report.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1998—Pub. L. 105–178 substituted “State transportation department” for “State highway department” wherever appearing. 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for submission of a report by the State highway department involved indicating consideration given to economic, social, environmental, and other effects of the plan or highway location or design plus the various alternatives which were considered. Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference to report to be submitted by the State highway department together with the certification of public hearings. 1968—Subsec. (a). Pub. L. 90–495 inserted social effect of projects, the impact on environment, and their consistency with the goals and objectives of such urban planning as has been promulgated by the community to the list of factors to be considered by State highway departments in looking over projects involving the bypassing or passing through of municipalities.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-132.md

@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 132"
+description: "Payments on Federal-aid projects undertaken by a Federal agency"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "132"
+citation: "23 U.S.C. § 132"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s132"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "b58f95e8756bb08c1c3a38d6dd2af84d5cb44b2c32c642a2a44dfd49acd9f0c9"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "af1e280aab5803bc4b3be6cf4dc9de8bf8e7b138e53655b3bd8b7fee7d67c3a8"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 132 - Payments on Federal-aid projects undertaken by a Federal agency
+
+## Text
+
+(a) In General.— In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may—
+
+(1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or
+
+(2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.
+
+(b) Reimbursement.— On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).
+
+(c) Recovery and Crediting of Funds.— Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State’s share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made.
+
+(Added Pub. L. 86–657, § 4(a), July 14, 1960, 74 Stat. 522; amended Pub. L. 109–59, title I, § 1119(b), Aug. 10, 2005, 119 Stat. 1182.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2005—Pub. L. 109–59 designated third sentence as subsec. (c), inserted heading, and substituted subsecs. (a) and (b) for first and second sentences which read as follows: “Where a proposed Federal-aid project is to be undertaken by a Federal agency pursuant to an agreement between a State and such Federal agency and the State makes a deposit with or payment to such Federal agency as may be required in fulfillment of the State’s obligation under such agreement for the work undertaken or to be undertaken by such Federal agency, the Secretary, upon execution of a project agreement with such State for the proposed Federal-aid project, may reimburse the State out of the appropriate appropriations the estimated Federal share under the provisions of this title of the State’s obligation so deposited or paid by such State. Upon completion of such project and its acceptance by the Secretary, an adjustment shall be made in such Federal share payable on account of such project based on the final cost thereof.”

legal/us/code/title-23/chapter-1/section-136.md

@@ -0,0 +1,79 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 136"
+description: "Control of junkyards"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "136"
+citation: "23 U.S.C. § 136"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s136"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9c5a943093553007551f42898aa29de6dd0a4821868f73f2dd2fd7f1ba640e24"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "69987cbfac0cdd85f6ebad5c3dff3924d439892079e05484c03e7571abb83d3e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 136 - Control of junkyards
+
+## Text
+
+(a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
+
+(b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the establishment and maintenance along the Interstate System and the primary system of outdoor junkyards, which are within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 7 percent of the amounts which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b), until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.
+
+(c) Effective control means that by January 1, 1968, such junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.
+
+(d) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
+
+(e) The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
+
+(f) The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
+
+(g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-of-way and which are zoned industrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary.
+
+(h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970.
+
+(i) The Federal share of landscaping and screening costs under this section shall be 75 per centum.
+
+(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of junk­yards lawfully established under State law. The Federal share of such compensation shall be 75 per centum.
+
+(k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section.
+
+(l) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junkyards on the Federal-aid highway systems than those established under this section.
+
+(m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.
+
+(n) Definitions.— For purposes of this section, the terms “primary system” and “Federal-aid primary system” mean any highway that is on the National Highway System, which includes the Interstate Highway System.
+
+(Added Pub. L. 89–285, title II, § 201, Oct. 22, 1965, 79 Stat. 1030; amended Pub. L. 89–574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(e), Aug. 23, 1968, 82 Stat. 818; Pub. L. 91–605, title I, § 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93–643, § 110, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 112–141, div. A, title I, § 1404(b), July 6, 2012, 126 Stat. 557; Pub. L. 114–94, div. A, title I, § 1104(e)(4), Dec. 4, 2015, 129 Stat. 1332.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2015—Subsec. (b). Pub. L. 114–94 substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”. 2012—Subsec. (b). Pub. L. 112–141, § 1404(b)(1), substituted “7 percent” for “10 per centum” and “paragraphs (1) through (5) of section 104(b)” for “section 104 of this title”. Subsec. (n). Pub. L. 112–141, § 1404(b)(2), added subsec. (n). 1975—Subsec. (j). Pub. L. 93–643 substituted provision that compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law, for provision relating to payment of just compensation for relocation, removal, or disposal of junkyards (1) lawfully in existence on Oct. 22, 1965, (2) lawfully along any highway made a part of the interstate or primary system on or after Oct. 22, 1965, and before Jan. 1, 1968, and (3) lawfully established on or after Jan. 1, 1968. 1970—Subsec. (m). Pub. L. 91–605 authorized to be appropriated not to exceed $3,000,000, $3,000,000, and $5,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively. 1968—Subsec. (m). Pub. L. 90–495 inserted provision authorizing an appropriation of not to exceed $3,000,000 for the fiscal year ending June 30, 1970. 1966—Subsec. (m). Pub. L. 89–574 substituted provisions making applicable to the funds authorized to be appropriated to carry out this section after June 30, 1967, the provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds for provisions prohibiting the use of any part of the Highway Trust Fund in carrying out this section.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective August 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 502 of this title.
+
+Acquisition of DwellingsProhibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89–285, see section 305 of Pub. L. 89–285, set out as a note under section 131 of this title.
+
+Taking of Private Property Without Just CompensationProhibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89–285, see section 401 of Pub. L. 89–285, set out as a note under section 131 of this title.

legal/us/code/title-23/chapter-1/section-137.md

@@ -0,0 +1,73 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 137"
+description: "Fringe and corridor parking facilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "137"
+citation: "23 U.S.C. § 137"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s137"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "afd5c7d0e23da8460df304a3bf184d46d9f8b79ce96e5b9a71cf49c3bc045b44"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "c54ca002bfa457860d35f1939d84b1e07e1da7ff68f24118bd50807c9d587a08"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 137 - Fringe and corridor parking facilities
+
+## Text
+
+(a) The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility).
+
+(b) The Secretary shall not approve any proj­ect under this section until—
+
+(1) he has determined that the State, or the political subdivision thereof, where such proj­ect is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility;
+
+(2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and
+
+(3) he has approved design standards for constructing such facility developed in cooperation with the State transportation department.
+
+(c) The term “parking facilities” for purposes of this section shall include access roads, buildings, structures, equipment, improvements, and interests in lands.
+
+(d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility.
+
+(e) The Secretary shall not approve any proj­ect under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.
+
+(f) (1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway.
+
+(2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and maintenance, including compensation to any person for operating the facility.
+
+(3) For the purposes of this subsection, the terms “facilities” and “parking facilities” are synonymous and shall have the same meaning given “parking facilities” in subsection (c) of this section.
+
+(g) Funding.— The addition of electric vehicle charging stations or natural gas vehicle refueling stations to new or previously funded parking facilities shall be eligible for funding under this section.
+
+(Added Pub. L. 89–574, § 8(c)(1), Sept. 13, 1966, 80 Stat. 768; amended Pub. L. 91–605, title I, § 134(a), Dec. 31, 1970, 84 Stat. 1733; Pub. L. 97–424, title I, § 118, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 105–178, title I, §§ 1103(l)(3)(B), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109–59, title I, § 1921, Aug. 10, 2005, 119 Stat. 1480; Pub. L. 112–141, div. A, title I, § 1513(a), July 6, 2012, 126 Stat. 572.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2012—Subsec. (f)(1). Pub. L. 112–141, § 1513(a)(1), substituted “104(b)(1)” for “104(b)(4)” and inserted “including the addition of electric vehicle charging stations or natural gas vehicle refueling stations,” after “new facilities,”. Subsec. (g). Pub. L. 112–141, § 1513(a)(2), added subsec. (g). 2005—Subsec. (a). Pub. L. 109–59 substituted “on a Federal-aid highway” for “on the Federal-aid urban system”. 1998—Subsec. (b)(3). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”. Subsec. (f)(1). Pub. L. 105–178, § 1103(l)(3)(B), substituted “section 104(b)(4)” for “section 104(b)(5)(B) of this title”. 1983—Subsec. (f). Pub. L. 97–424 added subsec. (f). 1970—Pub. L. 91–605 substituted “Fringe and corridor parking facilities” for “Limitation on authorization of appropriations for certain purposes” in section catchline. Subsec. (a). Pub. L. 91–605 substituted provisions permitting the Secretary to approve construction of publicly owned parking facilities under the Federal-aid urban system for provisions limiting authorization of appropriations under section 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing these sections and provisions from being construed as authority for any appropriations not specifically authorized in these sections and provisions. Subsec. (b). Pub. L. 91–605 substituted provisions preventing project approval by the Secretary unless the State or political subdivision thereof where the proj­ect is located can construct, maintain, and operate the facility, unless the Secretary has entered into an agreement with the State or political subdivision governing the financing, maintenance, and operation of the facility, and unless the Secretary has approved design standards for construction of the facility for provisions limiting authorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing appropriations to carry out these sections and provisions unless they are specific as to the amount authorized and as to the fiscal year. Subsec. (c). Pub. L. 91–605 substituted provisions defining “parking facilities” for provisions limiting authorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing the highway trust fund from being a source of appropriation for these sections and provisions in an amount exceeding the tax imposed by section 4061(a)(2) of Title 26, if such tax was imposed at a rate of 1% plus additional amounts appropriated from the general fund to the highway trust fund for such purposes except that the total of all appropriations made from such fund to carry out these sections and provisions shall never exceed the total of all appropriations made to such fund based on the imposition of such tax plus additional amounts appropriated from the general fund to the highway trust fund for such purposes. Subsecs. (d), (e). Pub. L. 91–605 added subsecs. (d) and (e).
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Relinquishment of Park-and-Ride Lot FacilitiesPub. L. 114–94, div. A, title I, § 1423, Dec. 4, 2015, 129 Stat. 1425, provided that: “A State transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that— “(1) rights-of-way on the Interstate System will remain available for future highway improvements; and “(2) modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Secretary [of Transportation].”
+
+Jason’s LawPub. L. 112–141, div. A, title I, § 1401, July 6, 2012, 126 Stat. 554, provided that: “(a) In General.—It is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. “(b) Eligible Projects.—Eligible projects under this section are those that—“(1) serve the National Highway System; and “(2) may include the following:“(A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles. “(B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. “(C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities. “(D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. “(E) Constructing turnouts along the National Highway System for commercial motor vehicles. “(F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. “(G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. “(c) Survey and Comparative Assessment.—“(1) In general.—Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title], the Secretary [of Transportation], in consultation with relevant State motor carrier safety personnel, shall conduct a survey of each State—“(A) to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation; “(B) to assess the volume of commercial motor vehicle traffic in the State; and “(C) to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State. “(2) Results.—The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation. “(3) Periodic updates.—The Secretary shall periodically update the survey under this subsection. “(d) Electric Vehicle and Natural Gas Vehicle Infrastructure.—“(1) In general.—Except as provided in paragraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery-powered or natural gas-fueled trucks or other motor vehicles at any parking facility funded or authorized under this Act [see Tables for classification] or title 23, United States Code. “(2) Exception.—Electric vehicle battery charging stations or natural gas vehicle refueling stations may not be established or supported under paragraph (1) if commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. “(3) Funds.—Charging or refueling stations described in paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located. “(e) Treatment of Projects.—Notwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.”
+
+Truck Parking FacilitiesPub. L. 109–59, title I, § 1305, Aug. 10, 2005, 119 Stat. 1214, which related to truck parking facilities, was repealed by Pub. L. 112–141, div. A, title I, § 1519(b)(2), July 6, 2012, 126 Stat. 575.

legal/us/code/title-23/chapter-1/section-138.md

@@ -0,0 +1,167 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 138"
+description: "Preservation of parklands"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "138"
+citation: "23 U.S.C. § 138"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s138"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "ff9d52a838dbd2c7cd8b077c4aa9146bea41179b808318fa6bcda5d970d125ef"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "c27a88168e93d0a1c1c4d16172cdc66fe1f905790db7676e861e2f3f6c1fbe32"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 138 - Preservation of parklands
+
+## Text
+
+(a) Declaration of Policy.— (1) In general.— It is the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
+
+(2) Cooperation and consultation.— (A) In general.— The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed.
+
+(B) Timeline for approvals.— (i) In general.— The Secretary shall—
+
+(I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and
+
+(II) provide a period of 30 days for receipt of comments.
+
+(ii) Assumed acceptance.— If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action.
+
+(C) Effect.— Nothing in subparagraph (B) affects—
+
+(i) the requirements under—
+
+(I) subsections (b) through (f); or
+
+(II) the consultation process under section 306108 of title 54; or
+
+(ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.
+
+(3) Requirement.— After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless—
+
+(A) there is no feasible and prudent alternative to the use of the land; and
+
+(B) the program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.
+
+(4) Studies.— In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.
+
+(b) De Minimis Impacts.— (1) Requirements.— (A) Requirements for historic sites.— The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.
+
+(B) Requirements for parks, recreation areas, and wildlife or waterfowl refuges.— The requirements of subsection (a)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (a)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis.
+
+(C) Criteria.— In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project.
+
+(2) Historic sites.— With respect to historic sites, the Secretary may make a finding of de minimis impact only if—
+
+(A) the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, that—
+
+(i) the transportation program or project will have no adverse effect on the historic site; or
+
+(ii) there will be no historic properties affected by the transportation program or project;
+
+(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
+
+(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
+
+(3) Parks, recreation areas, and wildlife or waterfowl refuges.— With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if—
+
+(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
+
+(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
+
+(c) Satisfaction of Requirements for Certain Historic Sites.— (1) In general.— The Secretary shall—
+
+(A) align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
+
+(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
+
+(2) Avoidance alternative analysis.— (A) In general.— If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
+
+(i) include the determination of the Secretary in the analysis required under that Act;
+
+(ii) provide a notice of the determination to—
+
+(I) each applicable State historic preservation officer and tribal historic preservation officer;
+
+(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
+
+(III) the Secretary of the Interior; and
+
+(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1).
+
+(B) Concurrence.— If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.
+
+(C) Publication.— A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
+
+(i) be included in the record of decision or finding of no significant impact of the Secretary; and
+
+(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
+
+(3) Aligning historical reviews.— (A) In general.— If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.
+
+(B) Satisfaction of conditions.— To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.
+
+(d) References to Past Transportation Environmental Authorities.— (1) Section 4(f) requirements.— The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).
+
+(2) Section 106 requirements.— The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).
+
+(e) Bridge Exemption From Consideration.— A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.
+
+(f) Rail and Transit.— (1) In general.— Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
+
+(2) Exceptions.— (A) In general.— Paragraph (1) shall not apply to—
+
+(i) stations; or
+
+(ii) bridges or tunnels located on—
+
+(I) railroad lines that have been abandoned; or
+
+(II) transit lines that are not in use.
+
+(B) Clarification with respect to certain bridges and tunnels.— The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
+
+(i) over which service has been discontinued; or
+
+(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
+
+(Added Pub. L. 89–574, § 15(a), Sept. 13, 1966, 80 Stat. 771; amended Pub. L. 90–495, § 18(a), Aug. 23, 1968, 82 Stat. 823; Pub. L. 94–280, title I, § 124, May 5, 1976, 90 Stat. 440; Pub. L. 100–17, title I, § 133(b)(10), Apr. 2, 1987, 101 Stat. 171; Pub. L. 109–59, title VI, § 6009(a)(1), Aug. 10, 2005, 119 Stat. 1874; Pub. L. 112–141, div. A, title I, § 1119(c)(2), July 6, 2012, 126 Stat. 492; Pub. L. 113–287, § 5(f)(2), Dec. 19, 2014, 128 Stat. 3268; Pub. L. 114–94, div. A, title I, §§ 1301(a), 1302(a), 1303(a), title XI, § 11502(a), Dec. 4, 2015, 129 Stat. 1375, 1377, 1378, 1690; Pub. L. 117–58, div. A, title I, § 11316, Nov. 15, 2021, 135 Stat. 543.)
+
+## Notes
+
+Editorial Notes
+
+References in TextFor the effective date of the Federal-Aid Highway Act of 1968, referred to in subsec. (a)(3), see section 37 of Pub. L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title. The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(A), (2)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of this subsection, referred to in subsec. (c)(1)(B), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
+
+Amendments2021—Subsec. (a)(1). Pub. L. 117–58, § 11316(4), designated first sentence of subsec. (a) as par. (1), inserted heading, and substituted “It is” for “It is declared to be”. Subsec. (a)(2). Pub. L. 117–58, § 11316(3), designated second sentence of subsec. (a) as par. (2)(A), inserted par. and subpar. headings, substituted “The Secretary” for “The Secretary of Transportation”, and added subpars. (B) and (C). Subsec. (a)(3). Pub. L. 117–58, § 11316(2), designated third sentence of subsec. (a) as par. (3) and inserted heading, inserted dash after “unless”, redesignated cls. (1) and (2) within text as subpars. (A) and (B), respectively, and inserted line breaks before each subpar., and substituted “use of the land; and” for “use of such land, and” and “the program includes” for “such program includes”. Subsec. (a)(4). Pub. L. 117–58, § 11316(1), designated fourth sentence of subsec. (a) as par. (4) and inserted heading. 2015—Subsec. (c). Pub. L. 114–94, § 1301(a), added subsec. (c). Subsec. (d). Pub. L. 114–94, § 1302(a), added subsec. (d). Subsec. (e). Pub. L. 114–94, § 1303(a), added subsec. (e). Subsec. (f). Pub. L. 114–94, § 11502(a), added subsec. (f). 2014—Subsec. (b)(2)(A). Pub. L. 113–287 substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” in introductory provisions. 2012—Subsec. (a). Pub. L. 112–141 substituted “Federal lands transportation facility” for “park road or parkway under section 204 of this title”. 2005—Pub. L. 109–59, § 6009(a)(1)(A), which directed substitution of “(a) Declaration of Policy.—It is” for “it is hereby”, was executed by making the substitution for “It is hereby” to reflect the probable intent of Congress. Subsec. (b). Pub. L. 109–59, § 6009(a)(1)(B), added subsec. (b). 1987—Pub. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of this title)” before “which requires” in third sentence. 1976—Pub. L. 94–280 authorized the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas. 1968—Pub. L. 90–495 amended section generally so as to render it identical to section 1653(f) of Title 49, Transportation, governing all programs and projects subject to the jurisdiction of the Secretary of Transportation.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.
+
+Clarification of Existing StandardsPub. L. 109–59, title VI, § 6009(b), Aug. 10, 2005, 119 Stat. 1876, provided that: “(1) In general.—Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall (in consultation with affected agencies and interested parties) promulgate regulations that clarify the factors to be considered and the standards to be applied in determining the prudence and feasibility of alternatives under section 138 of title 23 and section 303 of title 49, United States Code. “(2) Requirements.—The regulations—“(A) shall clarify the application of the legal standards to a variety of different types of transportation programs and projects depending on the circumstances of each case; and “(B) may include, as appropriate, examples to facilitate clear and consistent interpretation by agency decisionmakers.”
+
+Study of Transit Needs in National Parks and Related Public LandsPub. L. 105–178, title III, § 3039, June 9, 1998, 112 Stat. 393, as amended by Pub. L. 105–206, title IX, § 9009(y), July 22, 1998, 112 Stat. 862, provided that: “(a) Purposes.—The purposes of this section are to encourage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wildlife refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources and prevent adverse impact, relieve congestion, minimize transportation fuel consumption, reduce pollution (including noise and visual pollution), and enhance visitor mobility and accessibility and the visitor experience. “(b) Study.—“(1) In general.—The Secretary, in coordination with the Secretary of the Interior, shall undertake a comprehensive study of alternative transportation needs in national parks and related public lands managed by Federal land management agencies [to] assist in carrying out the purposes described in subsection (a). The study shall be submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than January 1, 2000. “(2) Study elements.—The study required by paragraph (1) shall—“(A) identify transportation strategies that improve the management of the national parks and related public lands; “(B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, or which can benefit from alternative transportation modes; “(C) assess the feasibility of alternative transportation modes; and “(D) identify and estimate the costs of alternative transportation modes for each of the national parks and related public lands referred to in paragraph (1). “(3) Definition.—For purposes of this subsection, the term ‘Federal land management agencies’ means the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management.”
+
+Study of Alternative Transportation Modes in National Park SystemPub. L. 102–240, title I, § 1050, Dec. 18, 1991, 105 Stat. 2000, provided that: “(a) In General.—Not later than 12 months after the date of the enactment of this Act [Dec. 18, 1991], the Secretary, in consultation with the Secretary of the Interior, shall conduct and transmit to Congress a study of alternative transportation modes for use in the National Park System. In conducting such study, the Secretary shall consider (1) the economic and technical feasibility, environmental effects, projected costs and benefits as compared to the costs and benefits of existing transportation systems, and general suitability of transportation modes that would provide efficient and environmentally sound ingress to and egress from National Park lands; and (2) methods to obtain private capital for the construction of such transportation modes and related infrastructure. “(b) Funding.—From sums authorized to be appropriated for park roads and parkways for fiscal year 1992, $300,000 shall be available to carry out this section.”

legal/us/code/title-23/chapter-1/section-141.md

@@ -0,0 +1,67 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 141"
+description: "Enforcement of requirements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "141"
+citation: "23 U.S.C. § 141"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s141"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "0a8de7acc0dc79e1c4ad1cc5af3d5614dd4bfe5a1a382bce96c0c7a548fb8dc2"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "10b3c0e4c50c6c8bfa362f9cb6f83d93a39bc82354020fd7823178b17df48de1"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 141 - Enforcement of requirements
+
+## Text
+
+(a) Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title. Each State shall also certify that it is enforcing and complying with the provisions of section 127(d) of this title and section 31112 of title 49.
+
+(b) (1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section.
+
+(2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).
+
+(3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States.
+
+(c) The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under section 104(b)(1) in an amount up to 8 percent of the amount to be apportioned in any fiscal year beginning after September 30, 1984, during which heavy vehicles, subject to the use tax imposed by section 4481 of the Internal Revenue Code of 1986, may be lawfully registered in the State without having presented proof of payment, in such form as may be prescribed by the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts withheld from apportionment to a State under this subsection shall be apportioned to the other States pursuant to the formulas of section 104(b)(1) and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States.
+
+(Added Pub. L. 93–643, § 107(a), Jan. 4, 1975, 88 Stat. 2284; amended Pub. L. 95–599, title I, § 123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97–424, title I, § 143, Jan. 6, 1983, 96 Stat. 2129; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–240, title I, § 1023(c), Dec. 18, 1991, 105 Stat. 1954; Pub. L. 103–429, § 3(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, § 205(d)(1)(A), Nov. 28, 1995, 109 Stat. 577; Pub. L. 105–178, title I, § 1103(l)(3)(C), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(c), (d), July 6, 2012, 126 Stat. 558; Pub. L. 114–94, div. A, title I, § 1104(e)(5), Dec. 4, 2015, 129 Stat. 1332.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 4481 of Title 26, Internal Revenue Code.
+
+Prior ProvisionsA prior section 141, Pub. L. 90–495, § 35(a), Aug. 23, 1968, 82 Stat. 836, related to real property acquisition policies, prior to repeal by Pub. L. 91–646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907, such repeal becoming effective as to all States after July 1, 1972, the date on which sections 4630 and 4655 of Title 42, The Public Health and Welfare, covering similar subject matter, became applicable to all States.
+
+Amendments2015—Subsec. (b)(2). Pub. L. 114–94 substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”. 2012—Subsec. (b)(2). Pub. L. 112–141, § 1404(c), substituted “7 percent” for “10 per centum” and “paragraphs (1) through (5) of section 104(b)” for “section 104 of this title”. Subsec. (c). Pub. L. 112–141, § 1404(d), substituted “section 104(b)(1)” for “section 104(b)(4)” in two places and substituted “8 percent” for “25 per centum”. 1998—Subsec. (c). Pub. L. 105–178 substituted “section 104(b)(4)” for “section 104(b)(5) of this title” in two places. 1995—Pub. L. 104–59 redesignated subsecs. (b) to (d) as (a) to (c), respectively, and struck out former subsec. (a) which read as follows: “Each State shall certify to the Secretary before January 1 of each year that it is enforcing all speed limits on public highways in accordance with section 154 of this title. The Secretary shall not approve any project under section 106 of this title in any State which has failed to certify in accordance with this subsection.” 1994—Subsec. (b). Pub. L. 103–429 substituted “section 31112 of title 49” for “section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j))”. 1991—Subsec. (b). Pub. L. 102–240 inserted at end “Each State shall also certify that it is enforcing and complying with the provisions of section 127(d) of this title and section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j)).” 1986—Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1983—Subsec. (d). Pub. L. 97–424 added subsec. (d). 1978—Pub. L. 95–599 designated existing provisions as subsecs. (a) and (b) and added subsec. (c).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective Date of 1995 AmendmentPub. L. 104–59, title II, § 205(d)(3), Nov. 28, 1995, 109 Stat. 577, provided that: “The amendments made by paragraph (1) [amending this section and repealing section 154 of this title] shall be applicable to a State on the 10th day following the date of the enactment of this Act [Nov. 28, 1995]; except that if the legislature of a State is not in session on such date of enactment and the chief executive officer of the State declares, before such 10th day, that the legislature is not in session and that the State prefers an applicability date for such amendments that is after the date on which the legislature will convene, such amendments shall be applicable to the State on the 60th day following the date on which the legislature next convenes.”
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
+
+Effective Date of 1978 AmendmentPub. L. 95–599, title I, § 123(e), Nov. 6, 1978, 92 Stat. 2702, provided that subsec. (c)(2) and (3) of this section be applicable to certifications required by this section to be filed on or after Jan. 1, 1980, prior to repeal by Pub. L. 96–106, § 12, Nov. 9, 1979, 93 Stat. 798.
+
+Enforcement of Vehicle Weight LimitationsPub. L. 95–599, title I, § 123(a)–(c), Nov. 6, 1978, 92 Stat. 2701, as amended by Pub. L. 100–17, title I, § 133(c)(4), Apr. 2, 1987, 101 Stat. 173, provided that: “(a) Not later than the one-hundred-eightieth day after the date of enactment of this section [Nov. 6, 1978], the Secretary of Transportation, hereunder referred to as the ‘Secretary’, in consultation with each State shall inventory the existing system of penalties for violations of vehicle weight laws, rules, and regulations on any portion of any Federal-aid system in such State. Each State shall annually thereafter report to the Secretary its current inventory. “(b)(1) Not later than the one-hundred-eightieth day after the date of enactment of this section [Nov. 6, 1978], the Secretary, in consultation with each State, shall inventory the existing system in such State for the issuance of special permits. Each State shall annually thereafter report to the Secretary its current inventory. “(2) For purposes of this subsection, the term ‘special permit’ means a license or permit issued pursuant to State law, rule, or regulation which authorizes a vehicle to exceed the weight limitation for such vehicle established under State law, rule, or regulation. “(c) Not later than January 1 of the second calendar year which begins after the date of enactment of this section [Nov. 6, 1978] and each calendar year thereafter the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives an annual report together with such recommendations as the Secretary deems necessary on (1) the latest annual inventory of State systems of penalties required by subsection (a) of this section; (2) the latest annual inventory of State systems for the issuance of special permits required by subsection (b) of this section; (3) the annual certification submitted by each State required by section 141(b) of title 23, United States Code.” [For termination, effective May 15, 2000, of reporting provisions in section 123(c) of Pub. L. 95–599, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.]

legal/us/code/title-23/chapter-1/section-143.md

@@ -0,0 +1,119 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 143"
+description: "Highway use tax evasion projects"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "143"
+citation: "23 U.S.C. § 143"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s143"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "d632a1ffda9b5ef062f5d4954353c62c5f6958c686b523be8ebba077c557c370"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "98ac6e3d2436f727ebc9bca9df7b124940c34f14ad4f6c166dfb212c30254565"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 143 - Highway use tax evasion projects
+
+## Text
+
+(a) State Defined.— In this section, the term “State” means the 50 States and the District of Columbia.
+
+(b) Projects.— (1) In general.— The Secretary shall carry out highway use tax evasion projects in accordance with this subsection.
+
+(2) Funding.— (A) In general.— From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2022 through 2026, to carry out this section.
+
+(B) Allocation of funds.— Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.
+
+(3) Conditions on funds allocated to internal revenue service.— Except as otherwise provided in this section, the Secretary shall not impose any condition on the use of funds allocated to the Internal Revenue Service under this subsection.
+
+(4) Limitation on use of funds.— Funds made available to carry out this section shall be used only—
+
+(A) to expand efforts to enhance motor fuel tax enforcement;
+
+(B) to fund additional Internal Revenue Service staff, but only to carry out functions described in this paragraph;
+
+(C) to supplement motor fuel tax examinations and criminal investigations;
+
+(D) to develop automated data processing tools to monitor motor fuel production and sales;
+
+(E) to evaluate and implement registration and reporting requirements for motor fuel taxpayers;
+
+(F) to reimburse State expenses that supplement existing fuel tax compliance efforts;
+
+(G) to analyze and implement programs to reduce tax evasion associated with other highway use taxes;
+
+(H) to support efforts between States and Indian tribes to address issues relating to State motor fuel taxes; and
+
+(I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel.
+
+(5) Maintenance of effort.— The Secretary may not make an allocation to a State under this subsection for a fiscal year unless the State certifies that the aggregate expenditure of funds of the State, exclusive of Federal funds, for motor fuel tax enforcement activities will be maintained at a level that does not fall below the average level of such expenditure for the preceding 2 fiscal years of the State.
+
+(6) Federal share.— The Federal share of the cost of a project carried out under this subsection shall be 100 percent.
+
+(7) Period of availability.— Funds authorized to carry out this section shall remain available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized.
+
+(8) Use of surface transportation block grant program funding.— In addition to funds made available to carry out this section, a State may expend up to ¼ of 1 percent of the funds apportioned to the State for a fiscal year under section 104(b)(2) on initiatives to halt the evasion of payment of motor fuel taxes.
+
+(9) Reports.— The Commissioner of the Internal Revenue Service and each State shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate an annual report that describes the projects, examinations, and criminal investigations funded by and carried out under this section. Such report shall specify the estimated annual yield from such projects, examinations, and criminal investigations.
+
+(c) Excise Tax Fuel Reporting.— (1) In general.— Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of—
+
+(A) the additional development of capabilities needed to support new reporting requirements and databases established under such Act and the American Jobs Creation Act of 2004 (Public Law 108–357), and such other reporting requirements and database development as may be determined by the Secretary, in consultation with the Commissioner of the Internal Revenue Service, to be useful in the enforcement of fuel excise taxes, including provisions recommended by the Fuel Tax Enforcement Advisory Committee,
+
+(B) the completion of requirements needed for the electronic reporting of fuel transactions from carriers and terminal operators,
+
+(C) the operation and maintenance of an excise summary terminal activity reporting system and other systems used to provide strategic analyses of domestic and foreign motor fuel distribution trends and patterns,
+
+(D) the collection, analysis, and sharing of information on fuel distribution and compliance or noncompliance with fuel taxes, and
+
+(E) the development, completion, operation, and maintenance of an electronic claims filing system and database and an electronic database of heavy vehicle highway use payments.
+
+(2) Elements of memorandum of understanding.— The memorandum of understanding shall provide that—
+
+(A) the Internal Revenue Service shall develop and maintain any system under paragraph (1) through contracts,
+
+(B) any system under paragraph (1) shall be under the control of the Internal Revenue Service, and
+
+(C) any system under paragraph (1) shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986.
+
+(3) Funding.— Of the amounts made available to carry out this section for each fiscal year, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the systems under paragraph (1) in accordance with this subsection.
+
+(4) Reports.— Not later than September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue Service projects funded under this subsection.
+
+(Added Pub. L. 91–605, title I, § 127(a), Dec. 31, 1970, 84 Stat. 1729; amended Pub. L. 93–87, title I, § 122, Aug. 13, 1973, 87 Stat. 261; Pub. L. 105–178, title I, § 1114(a), (c), June 9, 1998, 112 Stat. 152; Pub. L. 105–206, title IX, § 9002(h), July 22, 1998, 112 Stat. 836; Pub. L. 109–59, title I, § 1115(a), (b), Aug. 10, 2005, 119 Stat. 1175, 1176; Pub. L. 112–141, div. A, title I, § 1110, July 6, 2012, 126 Stat. 444; Pub. L. 114–94, div. A, title I, § 1110, Dec. 4, 2015, 129 Stat. 1344; Pub. L. 117–58, div. A, title I, § 11120, Nov. 15, 2021, 135 Stat. 497.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe SAFETEA–LU, referred to in subsec. (c)(1), is Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1144, also known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 101 of this title and Tables. The American Jobs Creation Act of 2004, referred to in subsec. (c)(1)(A), is Pub. L. 108–357, Oct. 22, 2004, 118 Stat. 1418. For complete classification of this Act to the Code, see Short Title of 2004 Amendments note set out under section 1 of Title 26, Internal Revenue Code, and Tables. Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (c)(2)(C), is classified to section 6103 of Title 26, Internal Revenue Code.
+
+Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 102–240, title I, § 1040, Dec. 18, 1991, 105 Stat. 1992, as amended, which was set out as a note under section 101 of this title, prior to repeal by Pub. L. 105–178, § 1114(b)(2).
+
+Amendments2021—Subsec. (b)(2)(A). Pub. L. 117–58 substituted “fiscal years 2022 through 2026” for “fiscal years 2016 through 2020”. 2015—Subsec. (b)(2)(A). Pub. L. 114–94, § 1110(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “From administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $10,000,000 for each of fiscal years 2013 and 2014, to carry out this section.” Subsec. (b)(8). Pub. L. 114–94, § 1110(2), inserted “block grant” after “surface transportation” in heading. Subsec. (b)(9). Pub. L. 114–94, § 1110(3), inserted “, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate” after “the Secretary”. 2012—Subsec. (b)(2). Pub. L. 112–141, § 1110(1)(A), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary; except that of funds so made available for each of fiscal years 2005 through 2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.” Subsec. (b)(8). Pub. L. 112–141, § 1110(1)(B), substituted “section 104(b)(2)” for “section 104(b)(3)”. Subsec. (c)(3). Pub. L. 112–141, § 1110(2), substituted “for each fiscal year,” for “for each of fiscal years 2005 through 2009,”. 2005—Subsec. (b)(2). Pub. L. 109–59, § 1115(a)(1), inserted before period at end “; except that of funds so made available for each of fiscal years 2005 through 2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training”. Subsec. (b)(3). Pub. L. 109–59, § 1115(a)(2), substituted “Except as otherwise provided in this section, the” for “The”. Subsec. (b)(4)(H), (I). Pub. L. 109–59, § 1115(a)(3), added subpars. (H) and (I). Subsec. (b)(9). Pub. L. 109–59, § 1115(a)(4), added par. (9). Subsec. (c). Pub. L. 109–59, § 1115(b), amended heading and text of subsec. (c) generally, substituting provisions relating to memorandum of understanding to be entered into by the Secretary with the Commissioner of the Internal Revenue Service not later than 90 days after the date of enactment of the SAFETEA–LU for provisions relating to memorandum of understanding to be entered into by the Secretary with the Commissioner of the Internal Revenue Service not later than August 1, 1998. 1998—Pub. L. 105–178 amended section catchline and text generally, substituting provisions relating to highway use tax evasion projects for provisions relating to economic growth center development highways. Subsec. (c)(1). Pub. L. 105–178, § 1114(c)(1), as added by Pub. L. 105–206, § 9002(h), substituted “August 1” for “April 1”. Subsec. (c)(3). Pub. L. 105–178, § 1114(c)(2), (3), as added by Pub. L. 105–206, § 9002(h), in heading inserted “priority” after “Funding” and in text inserted “and prior to funding any other activity under this section,” after “2003,”. 1973—Subsec. (a). Pub. L. 93–87, § 122(a), (c), substituted “proj­ects” for “demonstration projects” and “a Federal-aid system (other than the Interstate System)” for “the Federal-aid primary system” and deleted “to demonstrate the role that highways can play” before “to promote”. Subsec. (b). Pub. L. 93–87, § 122(a), substituted “proj­ects” for “demonstration projects” and “a Federal-aid system (other than the Interstate System)” for “the Federal-aid primary system”. Subsec. (c). Pub. L. 93–87, § 122(a), substituted “proj­ect” for “demonstration project” and “a Federal-aid system (other than the Interstate System)” for “the Federal-aid primary system”. Subsec. (d). Pub. L. 93–87, § 122(a), substituted “highways on the Federal-aid system on which such development highway is located” for “Federal-aid primary highways”. Subsec. (e). Pub. L. 93–87, § 122(b), inserted introductory text “Except as otherwise provided in subsection (c) of this section,” and substituted “the Federal share of the cost of any project for construction, reconstruction, or improvement of a development highway under this section shall be the same as that provided under this title for any other project on the Federal-aid system on which such development highway is located” for “the Federal share of the cost of any proj­ect for construction, reconstruction, or improvement of a development highway under this section shall be increased by not to exceed an additional 20 per centum of the cost of such project, except that in no case shall the Federal share exceed 95 per centum of the cost of such project”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.
+
+Highway Use Tax Evasion ProjectsPub. L. 102–240, title VIII, § 8002(g), (h), Dec. 18, 1991, 105 Stat. 2204, 2205, as amended by Pub. L. 105–178, title I, § 1114(b)(3), June 9, 1998, 112 Stat. 154, provided that: “(g) Use of Revenues for Enforcement of Highway Trust Fund Taxes.—The Secretary of Transportation shall not impose any condition on the use of funds transferred under section 143 of title 23, United States Code, to the Internal Revenue Service. The Secretary of the Treasury shall, at least 60 days before the beginning of each fiscal year (after fiscal year 1992) for which such funds are to be transferred, submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate detailing the increased enforcement activities to be financed with such funds with respect to taxes referred to in section 9503(b)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(b)(1)]. “[(h) Repealed. Pub. L. 105–178, title I, § 1114(b)(3)(B), June 9, 1998, 112 Stat. 154.]”

legal/us/code/title-23/chapter-1/section-145.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 145"
+description: "Federal-State relationship"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "145"
+citation: "23 U.S.C. § 145"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s145"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "193ff120dd79872bb74806140d73d7de461c3505e02cbdc74209e942659e17e6"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "159be87a9cfc071dca2785deba4ca8e986ede049a479e52637eecfe6f7159867"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 145 - Federal-State relationship
+
+## Text
+
+(a) Protection of State Sovereignty.— The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.
+
+(b) Purpose of Projects.— The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).
+
+(Added Pub. L. 93–87, title I, § 123(a), Aug. 13, 1973, 87 Stat. 261; amended Pub. L. 105–178, title I, § 1601(b), June 9, 1998, 112 Stat. 256; Pub. L. 109–59, title I, § 1701(e), Aug. 10, 2005, 119 Stat. 1256; Pub. L. 112–141, div. A, title I, § 1519(c)(9), formerly § 1519(c)(10), July 6, 2012, 126 Stat. 576, renumbered § 1519(c)(9), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 1702 of the SAFETEA–LU, referred to in subsec. (b), is section 1702 of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1256, which is not classified to the Code. Section 1602 of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1602 of Pub. L. 105–178, title I, June 9, 1998, 112 Stat. 256, which is not classified to the Code. Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), are sections 1103 to 1108 of Pub. L. 102–240, title I, Dec. 18, 1991, 105 Stat. 2027–2063. See Tables for classification. Section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, referred to in subsec. (b), is section 149(a) of Pub. L. 100–17, title I, Apr. 2, 1987, 101 Stat. 181, which is not classified to the Code. Section 1101(a)(16) of the SAFETEA–LU, referred to in subsec. (b), is section 1101(a)(16) of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1155, which is not classified to the Code. Section 1101(a)(13) of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1101(a)(13) of Pub. L. 105–178, title I, June 9, 1998, 112 Stat. 113, which is not classified to the Code.
+
+Amendments2015—Subsec. (b). Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below. 2012—Subsec. (b). Pub. L. 112–141, § 1519(c)(9), formerly § 1519(c)(10), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out “section 117 of this title,” after “21st Century,” second time appearing. 2005—Subsec. (b). Pub. L. 109–59 inserted “section 1702 of the SAFETEA–LU,” after “described in” and “section 1101(a)(16) of the SAFETEA–LU,” after “for such projects by” and substituted “section 117 of this title,” for “117 of title 23, United States Code,”. 1998—Pub. L. 105–178 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentPub. 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.

legal/us/code/title-23/chapter-1/section-146.md

@@ -0,0 +1,57 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 146"
+description: "Carpool and vanpool projects"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "146"
+citation: "23 U.S.C. § 146"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s146"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "ce10fa50b2bb074975fdeed6c43e742a64f5b1004024f3d9fd7946d707ac7f65"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "03be6e0366434f7b8b54101d7f746bf2e3cb6857de5a0949a1cd178326aa34cc"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 146 - Carpool and vanpool projects
+
+## Text
+
+(a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air quality, and enhance the use of existing highways and parking facilities, the Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(2) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the term “carpool” includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools.
+
+(b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provisions which the Secretary determines are inconsistent with this section.
+
+(Added Pub. L. 95–599, title I, § 126(a), Nov. 6, 1978, 92 Stat. 2705; amended Pub. L. 105–178, title I, § 1103(l)(1), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1105(b), July 6, 2012, 126 Stat. 432.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 146, Pub. L. 93–87, title I, § 125(a), Aug. 13, 1973, 87 Stat. 262, related to a special urban high density traffic program, prior to repeal by Pub. L. 94–280, title I, § 128(a), May 5, 1976, 90 Stat. 440.
+
+Amendments2012—Subsec. (a). Pub. L. 112–141 substituted “section 104(b)(2)” for “sections 104(b)(1) and 104(b)(3)”. 1998—Subsec. (a). Pub. L. 105–178 substituted “sections 104(b)(1) and 104(b)(3)” for “sections 104(b)(1), 104(b)(2), and 104(b)(6)”.
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Use of High Occupancy LanesPub. L. 97–424, title I, § 163, Jan. 6, 1983, 96 Stat. 2136, as amended by Pub. L. 100–17, title I, § 133(a)(4), (5), Apr. 2, 1987, 101 Stat. 170, 171; Pub. L. 102–240, title I, § 1056, Dec. 18, 1991, 105 Stat. 2002, provided that: “Notwithstanding any other provision of this Act or any other law, no funds apportioned or allocated to a State for Federal-aid highways shall be obligated for a project for constructing, resurfacing, restoring, rehabilitating, or reconstructing a Federal-aid highway which has a lane designated as a carpool lane unless the use of such lane includes use by motorcycles. Upon certification by the State to the Secretary of Transportation, after notice in the Federal Register and an opportunity for public comment, and acceptance of such certification by the Secretary, the State may restrict such use by motorcycles if such use would create a safety hazard. Any certification made before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 [Dec. 18, 1991] shall not be recognized by the Secretary until the Secretary publishes notice of such certification in the Federal Register and provides an opportunity for public comment on such certification.”
+
+Expenditure of Administrative Funds for Carpooling and Vanpooling ProgramsPub. L. 97–424, title I, § 123(b), Jan. 6, 1983, 96 Stat. 2113, directed the Secretary of Transportation to expend necessary sums out of the administrative funds authorized by section 104(a) of this title to carry out section 126(d) of Pub. L. 95–599, set out below.
+
+Grants to States, Counties, etc., To Promote Carpooling and Vanpooling ProgramsPub. L. 95–599, title I, § 126(d)–(h), Nov. 6, 1978, 92 Stat. 2706, 2707, as amended by Pub. L. 102–240, title III, § 3004(b), Dec. 18, 1991, 105 Stat. 2088, provided that: “(d) It is hereby declared to be national policy that special effort should be made to promote commuter modes of transportation which conserve energy, reduce pollution, and reduce traffic congestion. The Secretary is directed to assist both public and private employers and employees who wish to establish carpooling and vanpooling programs where they are needed and desired, and to assist local and State governments, and their instrumentalities, in encouraging such modes by removing legal and regulatory barriers to such programs, supporting existing carpooling and vanpooling programs, and providing technical assistance, for the purpose of increasing participation in such modes. “(e) The Secretary of Transportation is authorized to make grants and loans to States, counties, municipalities, metropolitan planning organizations, and other units of local and regional government consistent with the policy of subsection (d) of this section. Such grants and loans shall be awarded in a manner which emphasizes energy conservation, although the Secretary may use other factors as he deems appropriate. The Federal share of the costs of any project approved under this subsection shall not exceed 75 per centum. No grant awarded under this subsection may be used for the purchase or lease of vehicles. “(f) There is hereby authorized to be appropriated, out of the Highway Trust Fund, not to exceed $1,000,000 for the fiscal year ending September 30, 1979, $1,000,000 for the fiscal year ending September 30, 1980, and $1,000,000 for the fiscal year ending September 30, 1981, for expenditures incurred by the Secretary of Transportation in carrying out the provisions of subsection (d) of this section, and $3,000,000 for the fiscal year ending September 30, 1979, and $9,000,000 for the fiscal year ending September 30, 1980, for the purpose of carrying out the program described in subsection (e) of this section. “(g) The Secretary of Transportation shall not approve any project under subsection (d) or (e) of this section or under section 146 of title 23, United States Code; which will have an adverse effect on any mass transportation system. “(h) The Secretary of Transportation is directed to study the administrative effectiveness of carpooling and vanpooling programs within the Department of Transportation, including programs of the Federal Highway Administration, the Federal Transit Administration, and the Office of the Secretary. Such study shall be completed no later than September 30, 1979. Upon completion of such study, the Secretary shall propose a plan to centralize or modify such programs to make delivery of services and grants more efficient, more cost-effective, and to avoid duplication of effort. Such plan shall list statutory changes needed to implement such a plan, which shall be sent to Congress no later than March 30, 1980.” [“Federal Transit Administration” substituted for “Urban Mass Transit Administration” in section 126(h) of Pub. L. 95–599, set out above, pursuant to section 3004(a) of Pub. L. 102–240, set out as a note under section 107 of Title 49, Transportation.]
+
+Federal Facility Ridesharing ProgramFor provisions relating to the Federal Facilities Ridesharing Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set out as a note under section 6361 of Title 42, The Public Health and Welfare.

legal/us/code/title-23/chapter-1/section-147.md

@@ -0,0 +1,113 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 147"
+description: "Construction of ferry boats and ferry terminal facilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "147"
+citation: "23 U.S.C. § 147"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s147"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "661b512995c0edbf764a1f1231d66c2ca47c830e82d5e4059f7713f4a2962e10"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "27d1652ccf33f91e296335917d4de7063ea8d9d169f00437c7c46e42cc555504"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 147 - Construction of ferry boats and ferry terminal facilities
+
+## Text
+
+(a) Program.— The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).
+
+(b) Federal Share.— The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.
+
+(c) Distribution of Funds.— Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
+
+(d) Formula.— Of the amounts allocated under subsection (c)—
+
+(1) 35 percent shall be allocated among eligible entities in the proportion that—
+
+(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to
+
+(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;
+
+(2) 35 percent shall be allocated among eligible entities in the proportion that—
+
+(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to
+
+(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and
+
+(3) 30 percent shall be allocated among eligible entities in the proportion that—
+
+(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to
+
+(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.
+
+(e) Redistribution of Unobligated Amounts.— The Secretary shall—
+
+(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and
+
+(2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).
+
+(f) Minimum Amount.— Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.
+
+(g) Implementation.— (1) Data collection.— (A) National ferry database.— Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).
+
+(B) Eligibility for funding.— To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.
+
+(2) Adjustments.— On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.
+
+(h) Authorization of Appropriations.— There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—
+
+(1) $110,000,000 for fiscal year 2022;
+
+(2) $112,000,000 for fiscal year 2023;
+
+(3) $114,000,000 for fiscal year 2024;
+
+(4) $116,000,000 for fiscal year 2025; and
+
+(5) $118,000,000 for fiscal year 2026.
+
+(i) Period of Availability.— Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.
+
+(j) Applicability.— All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.
+
+(k) Additional Uses.— Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.
+
+(Added Pub. L. 93–87, title I, § 126(a), Aug. 13, 1973, 87 Stat. 263; amended Pub. L. 94–280, title I, § 130, May 5, 1976, 90 Stat. 440; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1801(a), Aug. 10, 2005, 119 Stat. 1455; Pub. L. 112–141, div. A, title I, § 1121(a), July 6, 2012, 126 Stat. 493; Pub. L. 114–94, div. A, title I, § 1112(a), Dec. 4, 2015, 129 Stat. 1345; Pub. L. 117–58, div. A, title I, § 11121, div. G, title XI, § 71103(g)(1), Nov. 15, 2021, 135 Stat. 497, 1326.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2021—Subsec. (h). Pub. L. 117–58, § 11121, added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020.” Subsec. (k). Pub. L. 117–58, § 71103(g)(1), added subsec. (k). 2015—Subsec. (a). Pub. L. 114–94, § 1112(a)(1), substituted “Program” for “In General” in heading. Subsecs. (d) to (j). Pub. L. 114–94, § 1112(a)(2), added subsecs. (d) to (j) and struck out former subsecs. (d) to (g) which related to formula for determining allocation amounts, authorization of appropriations, period of availability of funds, and applicability of chapter, respectively. 2012—Subsecs. (c) to (g). Pub. L. 112–141 added subsecs. (c) to (e), redesignated former subsecs. (e) and (f) as (f) and (g), respectively, and struck out former subsecs. (c) and (d) which related to allocation of funds and set-aside for projects on National Highway System, respectively. 2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to program for construction of ferry boats and ferry terminal facilities for provisions relating to selection of high traffic sections of highways as priority primary routes for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities. 1998—Subsec. (a). Pub. L. 105–178 substituted “State transportation department” for “State highway department”. 1976—Subsec. (b). Pub. L. 94–280 amended subsec. (b) generally, striking out apportionment provisions.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by section 11121 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Diesel Fuel Ferry VesselsPub. L. 117–58, div. A, title I, § 11117(b), Nov. 15, 2021, 135 Stat. 483, provided that: “(1) In general.—Notwithstanding section 147(b) [probably means section 147(b) of title 23, United States Code], in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State. “(2) Sunset.—The authority provided by paragraph (1) shall terminate on September 30, 2025.”
+
+Electric or Low-Emitting Ferry Pilot ProgramPub. L. 117–58, div. G, title XI, § 71102, Nov. 15, 2021, 135 Stat. 1325, provided that: “(a) Definitions.—In this section:“(1) Alternative fuel.—The term ‘alternative fuel’ means—“(A) methanol, denatured ethanol, and other alcohols; “(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; “(C) natural gas; “(D) liquefied petroleum gas; “(E) hydrogen; “(F) fuels (except alcohol) derived from biological materials; “(G) electricity (including electricity from solar energy); and “(H) any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. “(2) Electric or low-emitting ferry.—The term ‘electric or low-emitting ferry’ means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation. “(3) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(b) Establishment.—The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries. “(c) Requirement.—In carrying out the pilot program under this section, the Secretary shall ensure that—“(1) not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and “(2) not less than 1 grant under this section shall be for a bi-State ferry service—“(A) with an aging fleet; and “(B) whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries. “(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.”
+
+Ferry Service for Rural CommunitiesPub. L. 117–58, div. G, title XI, § 71103, Nov. 15, 2021, 135 Stat. 1326, provided that: “(a) Definitions.—In this section:“(1) Basic essential ferry service.—The term ‘basic essential ferry service’ means scheduled ferry transportation service. “(2) Eligible service.—The term ‘eligible service’ means a ferry service that—“(A) operated a regular schedule at any time during the 5-year period ending on March 1, 2020; and “(B) served not less than 2 rural areas located more than 50 sailing miles apart. “(3) Rural area.—The term ‘rural area’ has the meaning given the term in section 5302 of title 49, United States Code. “(4) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(b) Establishment.—The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service. “(c) Program Criteria.—The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States. “(d) Waivers.—The Secretary shall establish criteria for the waiver of any requirement under this section. “(e) Treatment.—“(1) Not attributable to urbanized areas.—An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code. “(2) No receipt of certain apportioned funds.—An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 5337 of title 49, United States Code, in the same fiscal year. “(f) Funding.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. “(g) Operating Costs.—“(1) [Amended this section.] “(2) [Amended section 218 of this title.]”
+
+Authorization of AppropriationsPub. L. 109–59, title I, § 1801(d), Aug. 10, 2005, 119 Stat. 1456, provided that: “In addition to amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act [119 Stat. 1153], there are authorized to be appropriated such sums as may be necessary to carry out such section 147 for fiscal year 2006 and each fiscal year thereafter. Such funds shall remain available until expended.”

legal/us/code/title-23/chapter-1/section-150.md

@@ -0,0 +1,131 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 150"
+description: "National goals and performance management measures"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "150"
+citation: "23 U.S.C. § 150"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s150"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "068b47cb437df8011f817a8ea7d21ede6e3bfa874c583d381836022836cd9a05"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "8af4cf08208d076368217c780821f3f408e0a69e8ecce543980cacdebcae6335"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 150 - National goals and performance management measures
+
+## Text
+
+(a) Declaration of Policy.— Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.
+
+(b) National Goals.— It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:
+
+(1) Safety.— To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.
+
+(2) Infrastructure condition.— To maintain the highway infrastructure asset system in a state of good repair.
+
+(3) Congestion reduction.— To achieve a significant reduction in congestion on the National Highway System.
+
+(4) System reliability.— To improve the efficiency of the surface transportation system.
+
+(5) Freight movement and economic vitality.— To improve the National Highway Freight Network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.
+
+(6) Environmental sustainability.— To enhance the performance of the transportation system while protecting and enhancing the natural environment.
+
+(7) Reduced project delivery delays.— To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.
+
+(c) Establishment of Performance Measures.— (1) In general.— Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.
+
+(2) Administration.— In carrying out paragraph (1), the Secretary shall—
+
+(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph;
+
+(B) take into consideration any comments relating to a proposed regulation received during that comment period; and
+
+(C) limit performance measures only to those described in this subsection.
+
+(3) National highway performance program.— (A) In general.— Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—
+
+(i) minimum standards for States to use in developing and operating bridge and pavement management systems;
+
+(ii) measures for States to use to assess—
+
+(I) the condition of pavements on the Interstate system;
+
+(II) the condition of pavements on the National Highway System (excluding the Interstate);
+
+(III) the condition of bridges on the National Highway System;
+
+(IV) the performance of the Interstate System; and
+
+(V) the performance of the National Highway System (excluding the Interstate System);
+
+(iii) minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and
+
+(iv) the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach.
+
+(B) Regions.— In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region.
+
+(4) Highway safety improvement program.— For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—
+
+(A) serious injuries and fatalities per vehicle mile traveled; and
+
+(B) the number of serious injuries and fatalities.
+
+(5) Congestion mitigation and air quality program.— For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess—
+
+(A) traffic congestion; and
+
+(B) on-road mobile source emissions.
+
+(6) National freight movement.— The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.
+
+(d) Establishment of Performance Targets.— (1) In general.— Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).
+
+(2) Different approaches for urban and rural areas.— In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.
+
+(e) Reporting on Performance Targets.— Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—
+
+(1) the condition and performance of the National Highway System in the State;
+
+(2) the effectiveness of the investment strategy document in the State asset management plan for the National Highway System;
+
+(3) progress in achieving performance targets identified under subsection (d); and
+
+(4) the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the national freight strategic plan, within the State.
+
+(Added Pub. L. 112–141, div. A, title I, § 1203(a), July 6, 2012, 126 Stat. 524, amended Pub. L. 114–94, div. A, title I, § 1446(a)(4)–(6), (d)(2)(A), Dec. 4, 2015, 129 Stat. 1437, 1438.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the MAP–21, referred to in subsecs. (c)(1) and (e), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
+
+Codification Pub. L. 114–94, div. A, title I, § 1446(d)(2)(A), Dec. 4, 2015, 129 Stat. 1438, amended directory language of Pub. L. 112–141, div. A, title I, § 1203(a), July 6, 2012, 126 Stat. 524, which enacted this section.
+
+Prior ProvisionsA prior section 150, added Pub. L. 93–87, title I, § 157(a), Aug. 13, 1973, 87 Stat. 277; amended Pub. L. 97–424, title I, § 124, Jan. 6, 1983, 96 Stat. 2113, related to allocation of urban system funds, prior to repeal by Pub. L. 105–178, title I, § 1103(l)(5), as added Pub. L. 105–206, title IX, § 9002(c)(1), July 22, 1998, 112 Stat. 834.
+
+Amendments2015—Subsec. (b)(5). Pub. L. 114–94, § 1446(a)(4), substituted “National Highway Freight Network” for “national freight network”. Subsec. (c)(3)(B). Pub. L. 114–94, § 1446(a)(5), substituted period for semicolon at end. Subsec. (e)(4). Pub. L. 114–94, § 1446(a)(6), substituted “national freight strategic plan” for “National Freight Strategic Plan”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentExcept as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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)(2)(A) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
+
+Effective DateSection 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.
+
+Performance Management Data Support ProgramPub. L. 114–94, div. A, title VI, § 6028, Dec. 4, 2015, 129 Stat. 1587, as amended by Pub. L. 117–58, div. A, title III, § 13003, Nov. 15, 2021, 135 Stat. 628, provided that: “(a) Performance Management Data Support.—The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150 of title 23, United States Code). “(b) Inclusions.—The data analysis activities authorized under subsection (a) may include—“(1) collecting and distributing vehicle probe data describing traffic on Federal-aid highways; “(2) collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel; “(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode; “(4) enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e) of title 23, United States Code; and “(5) developing tools—“(A) to improve performance analysis; and “(B) to evaluate the effects of project investments on performance. “(c) Funding.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of the Federal Highway Administration may use up to $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section.”

legal/us/code/title-23/chapter-1/section-152.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 152"
+description: "Hazard elimination program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "152"
+citation: "23 U.S.C. § 152"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s152"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "63046415eb6e851188b479990ea88bf632761b83a22e62ba150617e32c8de9cc"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "26f004ae9e955fb2a6f7db2611e4372efcc3b27e09e6d2fdf73d5b653deebdf7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 152 - Hazard elimination program
+
+## Text
+
+(a) In General.— (1) Program.— Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.
+
+(2) Hazards.— In carrying out paragraph (1), a State may, at its discretion—
+
+(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and
+
+(B) develop and implement projects and programs to address the hazards.
+
+(b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).
+
+(c) Funds authorized to carry out this section shall be available for expenditure on—
+
+(1) any public road;
+
+(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or
+
+(3) any traffic calming measure.
+
+(d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.
+
+(e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.
+
+(f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects.
+
+(g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation 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 States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous 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 (a) and include recommendations for future implementation of the hazard elimination program.
+
+(h) For the purposes of this section the term “State” shall have the meaning given it in section 401 of this title.
+
+(Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1998—Subsec. (a). Pub. L. 105–178, § 1401(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, realigned margins, substituted “motorists, bicyclists, and pedestrians” for “motorists and pedestrians”, and added par. (2). Subsec. (b). Pub. L. 105–178, § 1401(2), substituted “safety improvement project, including a project described in subsection (a)” for “highway safety improvement project”. Subsec. (c). Pub. L. 105–178, § 1401(3), substituted “on— “(1) any public road; “(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or “(3) any traffic calming measure” for “on any public road (other than a highway on the Interstate System)”. Subsec. (e). Pub. L. 105–178, § 1401(4), struck out “apportioned to the States as provided in section 402(c) of this title. Such funds shall be” before “available for obligation” and substituted “section 104(b)” for “section 104(b)(1)”. Subsecs. (f), (g). Pub. L. 105–178, § 1401(5), substituted “safety improvement projects” for “highway safety improvement projects” wherever appearing. 1995—Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation”. 1987—Subsec. (g). Pub. L. 100–17 substituted “the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives” for “the Congress”. 1983—Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provision that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa. 1982—Subsec. (g). Pub. L. 97–375 inserted “(including but not limited to any projects for pavement marking)” after “implementing the hazard elimination program”. 1979—Subsec. (g). Pub. L. 96–106 substituted “December 30” for “September 30” and “April 1” for “January 1”. 1978—Subsec. (a). Pub. L. 95–599 substituted “public roads” for “highways” and inserted provisions relating to identification of hazardous sections and elements. Subsec. (b). Pub. L. 95–599 substituted provisions relating to approval of highway safety improvement proj­ects by the Secretary for provisions authorizing appropriations for fiscal years ending June 30, 1974 through June 30, 1976. Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) without substantive change. Subsec. (d). Pub. L. 95–599 substituted provisions prescribing the Federal share payable on account of any project under this section for provisions relating to apportionment of funds made available under subsec. (b) to the States. See subsec. (e) of this section. Subsec. (e). Pub. L. 95–599 substituted provisions relating to apportionment of funds to the States under this section for provisions relating to progress reports required of the States under this section. See subsec. (g). Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). 1976—Subsec. (f). Pub. L. 94–280 added subsec. (f).
+
+Statutory Notes and Related Subsidiaries
+
+Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to the requirement that the Secretary of Transportation 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, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.

legal/us/code/title-23/chapter-1/section-153.md

@@ -0,0 +1,133 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 153"
+description: "Use of safety belts and motorcycle helmets"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "153"
+citation: "23 U.S.C. § 153"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s153"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "10af820ab06a4bd59ba27b1007f45b9f14c77ed0c7eba0ee1504105015c6e5cb"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "ec254e3c095209ebde7381c1e20adbe04c6900015683e516ebdb95e5ce16b61d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 153 - Use of safety belts and motorcycle helmets
+
+## Text
+
+(a) Authority To Make Grants.— The Secretary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year—
+
+(1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and
+
+(2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individual’s body.
+
+(b) Use of Grants.— A grant made to a State under this section shall be used to adopt and implement a traffic safety program to carry out the following purposes:
+
+(1) Education.— To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts.
+
+(2) Training.— To train law enforcement officers in the enforcement of State laws described in subsection (a).
+
+(3) Monitoring.— To monitor the rate of compliance with State laws described in subsection (a).
+
+(4) Enforcement.— To enforce State laws described in subsection (a).
+
+(c) Maintenance of Effort.— A grant may not be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the State’s 2 fiscal years preceding the date of the enactment of this section.
+
+(d) Federal Share.— A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed—
+
+(1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program described in subsection (b);
+
+(2) in the second fiscal year the State receives a grant, 50 percent of the cost of implementing in such fiscal year such traffic safety program; and
+
+(3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program.
+
+(e) Maximum Aggregate Amount of Grants.— The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402.
+
+(f) Eligibility for Grants.— (1) General rule.— A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State implements in such fiscal year a traffic safety program described in subsection (b).
+
+(2) Second-year grants.— A State is eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year—
+
+(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 75 percent; and
+
+(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 50 percent.
+
+(3) Third-year grants.— A State is eligible for a grant under this section in a fiscal year succeeding the second fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year—
+
+(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 85 percent; and
+
+(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 70 percent.
+
+(g) Measurements of Rates of Compliance.— For the purposes of subsections (f)(2) and (f)(3), a State shall measure compliance with State laws described in subsection (a) using methods which conform to guidelines issued by the Secretary ensuring that such measurements are accurate and representative.
+
+(h) Penalty.— (1) Prior to fiscal year 2012.— If, at any time in a fiscal year beginning after September 30, 1994, and before October 1, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer 3 percent of the funds apportioned to the State for the succeeding fiscal year under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 11 See References in Text note below. of this title to the apportionment of the State under section 402 of this title.
+
+(2) Fiscal year 2012 and thereafter.— If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402.
+
+(3) Federal share.— The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent.
+
+(4) Transfer of obligation authority.— If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying—
+
+(A) the amount of funds transferred to the apportionment of section 402 of the State under section 402 for such fiscal year; by
+
+(B) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year.
+
+(5) Limitation on applicability of highway safety obligations.— Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402.
+
+(i) Definitions.— For the purposes of this section, the following definitions apply:
+
+(1) Motorcycle.— The term “motorcycle” means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface.
+
+(2) Motor vehicle.— The term “motor vehicle” has the meaning such term has under section 154 1 of this title.
+
+(3) Passenger vehicle.— The term “passenger vehicle” means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system.
+
+(4) Safety belt.— The term “safety belt” means—
+
+(A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
+
+(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts.
+
+(j) Authorization of Appropriations.— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $17,000,000 for fiscal year 1992. From sums made available to carry out section 402 of this title, the Secretary shall make available $17,000,000 for fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and 1994 to carry out this section.
+
+(k) Applicability of Chapter 1 Provisions.— All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until ex­pended.
+
+(Added Pub. L. 102–240, title I, § 1031(a)(1), Dec. 18, 1991, 105 Stat. 1970; amended Pub. L. 104–59, title II, § 205(e), Nov. 28, 1995, 109 Stat. 577; Pub. L. 112–141, div. A, title I, § 1404(e), July 6, 2012, 126 Stat. 558; Pub. L. 114–94, div. A, title I, § 1446(a)(7), Dec. 4, 2015, 129 Stat. 1437.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of the enactment of this section, referred to in subsecs. (c) and (i)(3), is the date of enactment of Pub. L. 102–240, which was approved Dec. 18, 1991. Section 104 of this title, referred to in subsec. (h)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427. Section 154 of this title, referred to in subsec. (i)(2), was repealed by Pub. L. 104–59, title II, § 205(d)(1)(B), Nov. 28, 1995, 109 Stat. 577. A new section 154, containing a similar definition of “motor vehicle”, was enacted by Pub. L. 105–178, title I, § 1405(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 843.
+
+Prior ProvisionsA prior section 153, added Pub. L. 93–87, title II, § 210(a), Aug. 13, 1973, 87 Stat. 287; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441, related to a program for the elimination of roadside obstacles, prior to repeal by Pub. L. 95–599, title I, § 168(b), Nov. 6, 1978, 92 Stat. 2723.
+
+Amendments2015—Subsec. (h)(2). Pub. L. 114–94 substituted “paragraphs (1), (2), and (4)” for “paragraphs (1) through (3)”. 2012—Subsec. (h)(1), (2). Pub. L. 112–141 redesignated par. (2) as (1), substituted “Prior to fiscal year 2012” for “Thereafter” in par. heading, inserted “and before October 1, 2011,” after “September 30, 1994,” in text, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “If, at any time in fiscal year 1994, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer 1½ percent of the funds apportioned to the State for fiscal year 1995 under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title to the apportionment of the State under section 402 of this title.” 1995—Subsec. (h)(1), (2). Pub. L. 104–59 struck out “a law described in subsection (a)(1) and” after “have in effect”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective Date of 1995 AmendmentPub. L. 104–59, title II, § 205(e), Nov. 28, 1995, 109 Stat. 577, provided that the amendment made by that section is effective Sept. 30, 1995.
+
+Effective DateSection effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of this title.
+
+Stop Motorcycle Checkpoint FundingPub. L. 114–94, div. A, title IV, § 4007, Dec. 4, 2015, 129 Stat. 1510, provided that: “Notwithstanding section 153 of title 23, United States Code, the Secretary [of Transportation] may not provide a grant or any funds to a State, county, town, township, Indian tribe, municipality, or other local government that may be used for any program— “(1) to check helmet usage; or “(2) to create checkpoints that specifically target motorcycle operators or motorcycle passengers.”
+
+Study of Benefits of Safety Belts and Motorcycle Helmets to Individuals Involved in CrashesPub. L. 102–240, title I, § 1031(b), Dec. 18, 1991, 105 Stat. 1973, provided that: “(1) In general.—The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: the severity of injuries; acute, rehabilitative and long-term medical costs, including the sources of reimbursement and the extent to which these sources cover actual costs; government, employer, and other costs; and mortality and morbidity outcomes. The study shall cover a representative period after January 1, 1990. “(2) Report.—The Secretary shall make public a proposed report on the results of the study or studies conducted under this subsection, provide a period of 90 days for public comment on such report, consider such comments, and transmit to Congress a report on the results of such study or studies, together with a summary of such comments, not later than 40 months after the funds for such study are made available by the Secretary. “(3) Funding.—Of the amounts authorized to be appropriated for fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23, United States Code, the Secretary shall make available $5,000,000 in the aggregate in such fiscal years to carry out this subsection. Such funds shall remain available until expended.”

legal/us/code/title-23/chapter-1/section-154.md

@@ -0,0 +1,123 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 154"
+description: "Open container requirements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "154"
+citation: "23 U.S.C. § 154"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s154"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9f7c3877c57cb7957bb2938bdafd7a10b96fd00ea7ef1d99e577b4f3d79c347c"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "b6eb47fd54bf71eb16f0f50774591136b9e89157a98397e2bc1865743a013557"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 154 - Open container requirements
+
+## Text
+
+(a) Definitions.— In this section, the following definitions apply:
+
+(1) Alcoholic beverage.— The term “alcoholic beverage” has the meaning given the term in section 158(c).
+
+(2) Motor vehicle.— The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
+
+(3) Open alcoholic beverage container.— The term “open alcoholic beverage container” means any bottle, can, or other receptacle—
+
+(A) that contains any amount of alcoholic beverage; and
+
+(B) (i) that is open or has a broken seal; or
+
+(ii) the contents of which are partially removed.
+
+(4) Passenger area.— The term “passenger area” shall have the meaning given the term by the Secretary by regulation.
+
+(b) Open Container Laws.— (1) In general.— For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
+
+(2) Motor vehicles designed to transport many passengers.— For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—
+
+(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
+
+(B) in the living quarters of a house coach or house trailer,
+
+the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
+
+(c) Transfer of Funds.— (1) Fiscal years 2001 and 2002.— On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
+
+(A) to be used for impaired driving countermeasures; or
+
+(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
+
+(2) Fiscal year 2022 and thereafter.— (A) Reservation of funds.— (i) In general.— On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
+
+(ii) States described.— A State referred to in clause (i) is a State—
+
+(I) that has not enacted or is not enforcing an open container law described in subsection (b); and
+
+(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
+
+(B) Transfer of funds.— As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—
+
+(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
+
+(ii) release the reserved funds identified by the State as described in paragraph (3).
+
+(3) Use for highway safety improvement program.— (A) In general.— A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
+
+(B) State departments of transportation.— If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
+
+(4) Federal share.— The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
+
+(5) Derivation of amount to be transferred.— The amount to be transferred or released under paragraph (2) may be derived from the following:
+
+(A) The apportionment of the State under section 104(b)(1).
+
+(B) The apportionment of the State under section 104(b)(2).
+
+(6) Transfer of obligation authority.— (A) In general.— If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
+
+(B) Amount.— The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
+
+(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
+
+(ii) the ratio that—
+
+(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
+
+(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
+
+(7) Limitation on applicability of obligation limitation.— Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
+
+(Added Pub. L. 105–178, title I, § 1405(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 843; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1402, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, § 1446(a)(8), Dec. 4, 2015, 129 Stat. 1437; Pub. L. 117–58, div. A, title I, § 11131(a), div. B, title IV, § 24106(a), Nov. 15, 2021, 135 Stat. 509, 806.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 154, added Pub. L. 93–643, § 114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95–599, title II, § 205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97–35, title XI, § 1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100–17, title I, § 174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102–240, title I, § 1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, established the national maximum speed limit, prior to repeal by Pub. L. 104–59, title II, § 205(d)(1)(B), (3), Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following Nov. 28, 1995, except that if legislature was not in session on such date and chief executive officer declared before such date that legislature was not in session and that State preferred applicability date that was after date on which legislature would convene, applicable to State on 60th day following date on which legislature would next convene.
+
+Amendments2021—Subsec. (c)(1). Pub. L. 117–58, § 24106(a), substituted “impaired” for “alcohol-impaired” in subpars. (A) and (B). Subsec. (c)(2). Pub. L. 117–58, § 11131(a)(1), substituted “2022” for “2012” in heading. Subsec. (c)(2)(A). Pub. L. 117–58, § 11131(a)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).” Subsec. (c)(2)(B). Pub. L. 117–58, § 11131(a)(3), substituted “subparagraph (A)(i)” for “subparagraph (A)” in introductory provisions. 2015—Subsec. (c)(1). Pub. L. 114–94, § 1446(a)(8)(A), substituted “paragraphs (1), (2), and (4)” for “paragraphs (1), (3), and (4)”. Subsec. (c)(3)(A). Pub. L. 114–94, § 1446(a)(8)(B), substituted “reserved” for “transferred”. Subsec. (c)(5). Pub. L. 114–94, § 1446(a)(8)(C)(i), inserted “or released” after “transferred” in introductory provisions. Subsec. (c)(5)(A). Pub. L. 114–94, § 1446(a)(8)(C)(ii), substituted “under section 104(b)(1)” for “under section 104(b)(l)”. 2012—Subsec. (c)(2). Pub. L. 112–141, § 1402(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).” Subsec. (c)(3). Pub. L. 112–141, § 1402(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.” Subsec. (c)(5). Pub. L. 112–141, § 1402(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: “(A) The apportionment of the State under section 104(b)(1). “(B) The apportionment of the State under section 104(b)(3). “(C) The apportionment of the State under section 104(b)(4).” 2005—Subsec. (c)(3). Pub. L. 109–59 substituted “148” for “152”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by section 11131(a) 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Effective DateSection effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-155.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 155"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "155"
+citation: "23 U.S.C. § 155"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s155"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "dea762685693b8332c89930e0a8eb0ee3e1dc6a6df1eaf79d196fa811f6cb175"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "26ce6cc363611914156e4e5e109f8aa03c11660e8374556984124107d053c0d4"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 155 - Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
+
+## Notes
+
+Section, added Pub. L. 93–643, § 115(a), Jan. 4, 1975, 88 Stat. 2287; amended Pub. L. 95–599, title I, § 129(e), Nov. 6, 1978, 92 Stat. 2708, related to access highways to public recreation areas on certain lakes.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-1/section-156.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 156"
+description: "Proceeds from the sale or lease of real property"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "156"
+citation: "23 U.S.C. § 156"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s156"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "fe9164003e02d3e1dbdbdef3902f4a0e183dc64bf9fb2328962fa1af74d989c1"
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+text_hash: "bc0ab1ba232a186ebaa467cf8927223de3bf19d8b2b788bb79e668ee349046f5"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 156 - Proceeds from the sale or lease of real property
+
+## Text
+
+(a) Minimum Charge.— Subject to section 142(f), a State shall charge, at a minimum, fair market value for the sale, use, lease, or lease renewal (other than for utility use and occupancy or for a transportation project eligible for assistance under this title) of real property acquired with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account).
+
+(b) Exceptions.— The Secretary may grant an exception to the requirement of subsection (a) for a social, environmental, or economic purpose.
+
+(c) Use of Federal Share of Income.— The Federal share of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under this title.
+
+(Added Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102–240, title I, § 1027(f), Dec. 18, 1991, 105 Stat. 1967; Pub. L. 105–178, title I, § 1303(a), June 9, 1998, 112 Stat. 227.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 156, added Pub. L. 94–280, title I, § 132(a), May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or reconstruct any public highway or highway bridge across any Federal public works project, specified conditions under which such work may be done, and authorized appropriations for such work of $100,000,000 to be available in the fiscal year in which appropriated and for the two succeeding fiscal years, prior to repeal by Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167.
+
+Amendments1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: “Subject to section 142(f), States shall charge, as a minimum, fair market value, with exceptions granted at the discretion of the Secretary for social, environmental, and economic mitigation purposes, for the sale, use, lease, or lease renewals (other than for utility use and occupancy or for transportation projects eligible for assistance under this title) of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). This section applies to new airspace usage proposals, renewals of prior agreements, arrangements, or leases entered into by the State after the date of the enactment of the Federal-Aid Highway Act of 1987. The Federal share of net income from the revenues obtained by the State for sales, uses, or leases (including lease renewals) under this section shall be used by the State for projects eligible under this title.” 1991—Pub. L. 102–240 substituted “Subject to section 142(f), States shall” for “States shall”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.

legal/us/code/title-23/chapter-1/section-157.md

@@ -0,0 +1,107 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 157"
+description: "National Environmental Policy Act of 1969 reporting program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "157"
+citation: "23 U.S.C. § 157"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s157"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "daf3344ad4e88f550e07d1e8b6979e3220d606c5e5594f44c7dc2f78ccc4e0fb"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "feea27a5360e685aae8801679628465931eaf4ba7e6f3738efadf1069954b436"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 157 - National Environmental Policy Act of 1969 reporting program
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Categorical exclusion.— The term “categorical exclusion” has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation).
+
+(2) Documented categorical exclusion.— The term “documented categorical exclusion” has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).
+
+(3) Environmental assessment.— The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
+
+(4) Environmental impact statement.— The term “environmental impact statement” means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
+
+(5) Federal agency.— The term “Federal agency” includes a State that has assumed responsibility under section 327.
+
+(6) NEPA process.— The term “NEPA process” means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action.
+
+(7) Proposed action.— The term “proposed action” means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.
+
+(8) Reporting period.— The term “reporting period” means the fiscal year prior to the fiscal year in which a report is issued under subsection (b).
+
+(9) Secretary.— The term “Secretary” includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327.
+
+(b) Report on NEPA Data.— (1) In general.— The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3).
+
+(2) Time to complete.— For purposes of paragraph (3), the NEPA process—
+
+(A) for an environmental impact statement—
+
+(i) begins on the date on which the Notice of Intent is published in the Federal Register; and
+
+(ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and
+
+(B) for an environmental assessment—
+
+(i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and
+
+(ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.
+
+(3) Information described.— The information referred to in paragraph (1) is, with respect to the Department of Transportation—
+
+(A) the number of proposed actions for which a categorical exclusion was issued during the reporting period;
+
+(B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period;
+
+(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending;
+
+(D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period;
+
+(E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D);
+
+(F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation;
+
+(G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period;
+
+(H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G);
+
+(I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and
+
+(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which—
+
+(i) funding has been identified; and
+
+(ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.
+
+(Added Pub. L. 117–58, div. A, title I, § 11312(a), Nov. 15, 2021, 135 Stat. 538.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (a)(6), (7), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
+
+Prior ProvisionsA prior section 157, added Pub. L. 105–178, title I, § 1403(a), June 9, 1998, 112 Stat. 237; amended Pub. L. 108–88, § 6(a)(1), Sept. 30, 2003, 117 Stat. 1119; Pub. L. 108–202, § 6(a), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 5(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 5(a), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, § 5(a), July 30, 2004, 118 Stat. 881; Pub. L. 108–310, § 6(a)(1), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–14, § 5(a)(1), May 31, 2005, 119 Stat. 329; Pub. L. 109–20, § 5(a)(1), July 1, 2005, 119 Stat. 351; Pub. L. 109–35, § 5(a)(1), July 20, 2005, 119 Stat. 384; Pub. L. 109–37, § 5(a)(1), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, § 5(a)(1), July 28, 2005, 119 Stat. 415; Pub. L. 109–59, title I, § 1406, Aug. 10, 2005, 119 Stat. 1231, related to safety incentive grants for use of seat belts, prior to repeal by Pub. L. 112–141, § 3(a), div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 413, 575, effective Oct. 1, 2012. Another prior section 157, added Pub. L. 97–424, title I, § 150(a), Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99–272, title IV, § 4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100–17, title I, §§ 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L. 102–240, title I, §§ 1002(h), 1013(a), (b), Dec. 18, 1991, 105 Stat. 1918, 1940; Pub. L. 103–272, § 5(f)(3), July 5, 1994, 108 Stat. 1374, related to minimum allocations to States, prior to repeal by Pub. L. 105–178, title I, § 1403(a), June 9, 1998, 112 Stat. 237.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-158.md

@@ -0,0 +1,63 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 158"
+description: "National minimum drinking age"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "158"
+citation: "23 U.S.C. § 158"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s158"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "79c7f56136759c2a963ccd75bd725eba6cb7d1b66832f5176eb49e9f0a770736"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "63b9f6d249ee75a7b45e20ef80ffbe1a2f778f12ff20d875fa6fdafdebffb94e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 158 - National minimum drinking age
+
+## Text
+
+(a) Withholding of Funds for Noncompliance.— (1) In general.— (A) Fiscal years before 2012.— The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) 11 See References in Text note below. of this title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.
+
+(B) Fiscal year 2012 and thereafter.— For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).
+
+(2) State grandfather law as complying.— If, before the later of (A) October 1, 1986, or (B) the tenth day following the last day of the first session the legislature of a State convenes after the date of the enactment of this paragraph, such State has in effect a law which makes unlawful the purchase and public possession in such State of any alcoholic beverage by a person who is less than 21 years of age (other than any person who is 18 years of age or older on the day preceding the effective date of such law and at such time could lawfully purchase or publicly possess any alcoholic beverage in such State), such State shall be deemed to be in compliance with paragraph (1) in each fiscal year in which such law is in effect.
+
+(b) Effect of Withholding of Funds.— No funds withheld under this section from apportionment to any State after September 30, 1988, shall be available for apportionment to that State.
+
+(c) Alcoholic Beverage Defined.— As used in this section, the term “alcoholic beverage” means—
+
+(1) beer as defined in section 5052(a) of the Internal Revenue Code of 1986,
+
+(2) wine of not less than one-half of 1 per centum of alcohol by volume, or
+
+(3) distilled spirits as defined in section 5002(a)(8) of such Code.
+
+(Added Pub. L. 98–363, § 6(a), July 17, 1984, 98 Stat. 437; amended Pub. L. 99–272, title IV, § 4104, Apr. 7, 1986, 100 Stat. 114; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105–178, title I, § 1103(l)(2), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1404(f), July 6, 2012, 126 Stat. 558.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 104 of this title, referred to in subsec. (a)(1)(A), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427. The date of the enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 99–272, which was approved Apr. 7, 1986. The Internal Revenue Code of 1986, referred to in subsec. (c), is set out in Title 26, Internal Revenue Code.
+
+Amendments2012—Subsec. (a)(1). Pub. L. 112–141 designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B). 1998—Subsec. (a)(1). Pub. L. 105–178, § 1103(l)(2)(A)(i)–(iii), redesignated par. (2) as (1), substituted “In general” for “After the first year” in heading and “104(b)(3), and 104(b)(4)” for “104(b)(2), 104(b)(5), and 104(b)(6)” in text, and struck out former par. (1) which read as follows: “(1) First year.—The Secretary shall withhold 5 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.” Subsec. (a)(2), (3). Pub. L. 105–178, § 1103(l)(2)(A)(ii), (iv), redesignated par. (3) as (2) and substituted “paragraph (1)” for “paragraphs (1) and (2) of this subsection”. Former par. (2) redesignated (1). Subsec. (b). Pub. L. 105–178, § 1103(l)(2)(B), added subsec. (b) and struck out heading and text of former subsec. (b) which related to period of availability for apportionment to State of funds withheld by the Secretary pending State enactment of federally-prescribed minimum drinking age. 1986—Subsec. (a). Pub. L. 99–272, § 4104(d)(1), added subsection heading. Subsec. (a)(1). Pub. L. 99–272, § 4104(d)(2)–(4), added paragraph heading, aligned margins, and inserted “first” before “fiscal year beginning”. Subsec. (a)(2). Pub. L. 99–272, § 4104(a), (d)(3), (5), added paragraph heading, realigned margins, and substituted “each fiscal year after” for “the fiscal year succeeding”. Subsec. (a)(3). Pub. L. 99–272, § 4104(b), added par. (3). Subsec. (b). Pub. L. 99–272, § 4104(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary shall promptly apportion to a State any funds which have been withheld from apportionment under subsection (a) of this section in fiscal year if in any succeeding fiscal year such State makes unlawful the purchase or public possession of any alcoholic beverage by a person who is less than twenty-one years of age.” Subsec. (c). Pub. L. 99–272, § 4104(d)(6), added subsection heading. Subsec. (c)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Minimum Drinking AgePub. L. 97–424, title II, § 209, Jan. 6, 1983, 96 Stat. 2140, provided that: “The Congress strongly encourages each State to prohibit the sale of alcoholic beverages to persons who are less than 21 years of age.”

legal/us/code/title-23/chapter-1/section-159.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 159"
+description: "Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "159"
+citation: "23 U.S.C. § 159"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s159"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "5d34038a0139fed25cc459211fd6e21e92b872c87397867f75bf815ea51ae62d"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "54485be72cd6bdc4cd677b7f4b4c3107fe46754b697849f7384dcde7629298aa"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 159 - Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses
+
+## Text
+
+(a) Withholding of Apportionments for Noncompliance.— (1) Beginning in fiscal year 1996.— The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.
+
+(2) Fiscal year 2012 and thereafter.— The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.
+
+(3) Requirements.— A State meets the requirements of this paragraph if—
+
+(A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception—
+
+(i) the revocation, or suspension for at least 6 months, of the driver’s license of any individual who is convicted, after the enactment of such law, of—
+
+(I) any violation of the Controlled Substances Act, or
+
+(II) any drug offense; and
+
+(ii) a delay in the issuance or reinstatement of a driver’s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver’s license if the individual does not have a driver’s license, or the driver’s license of the individual is suspended, at the time the individual is so convicted; or
+
+(B) the Governor of the State—
+
+(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State’s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers’ licenses to convicted drug offenders; and
+
+(ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).
+
+(b) Effect of Noncompliance.— No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.
+
+(c) Definitions.— For purposes of this section—
+
+(1) Driver’s license.— The term “driver’s license” means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.
+
+(2) Drug offense.— The term “drug offense” means any criminal offense which proscribes—
+
+(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or
+
+(B) the operation of a motor vehicle under the influence of such a substance.
+
+(3) Convicted.— The term “convicted” includes adjudicated under juvenile proceedings.
+
+(Added Pub. L. 102–143, title III, § 333(a), Oct. 28, 1991, 105 Stat. 944; amended Pub. L. 102–388, title III, § 327(a), Oct. 6, 1992, 106 Stat. 1547; Pub. L. 105–178, title I, § 1103(l)(3)(E), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(g), July 6, 2012, 126 Stat. 558.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. The effective date of this section, referred to in subsec. (a)(1), (3)(B)(i), is Nov. 5, 1990. See section 333(e) of Pub. L. 102–143, set out as a note below. The Controlled Substances Act, referred to in subsecs. (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
+
+Amendments2012—Subsec. (a)(1), (2). Pub. L. 112–141, § 1404(g)(1), designated par. (2) as (1), struck out “(including any amounts withheld under paragraph (1))” after “10 percent”, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “For each fiscal year the Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the second calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on such date.” Subsec. (b). Pub. L. 112–141, § 1404(g)(2), added subsec. (b) and struck out former subsec. (b) which related to period of availability of withheld funds and effects of compliance and noncompliance. 1998—Subsec. (a)(1), (2). Pub. L. 105–178, § 1103(l)(3)(E)(i), substituted “(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of” for “(5) of” before “section 104(b)”. Subsec. (b)(1)(A)(i). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(I), substituted “section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(A)”. Subsec. (b)(1)(A)(ii). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(II), substituted “section 104(b)(5)(B) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(B)”. Subsec. (b)(1)(A)(iii). Pub. L. 105–178, § 1103(l)(3)(E)(i), substituted “(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of” for “(5) of” before “section 104(b)”. Subsec. (b)(3). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(IV), substituted “section 104(b)(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)” in concluding provisions. Subsec. (b)(3)(A). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(I), substituted “section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(A)”. Subsec. (b)(3)(B). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(III), substituted “(5)(B) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “(5)(B)”. Subsec. (b)(4). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(IV), substituted “section 104(b)(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)”. 1992—Pub. L. 102–388 amended section generally, substituting “Beginning in fiscal year 1994” for “After second calendar year” as subsec. (a)(1) heading, “paragraphs (1), (3), and (5)” for “paragraphs (1), (2), (5), and (6)” in subsec. (a)(1) and (2), “Beginning in fiscal year 1996” for “After fourth calendar year” as subsec. (a)(2) heading, “paragraph (1), (3), or (5)” for “paragraph (1), (2), or (6)” in subsec. (b)(1)(A)(iii), and “paragraph (1), (3), or (5)(B)” for “paragraph (1), (2), (5)(B), or (6)” in subsec. (b)(3)(B).
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Effective Date of 1992 AmendmentPub. L. 102–388, title III, § 327(b), Oct. 6, 1992, 106 Stat. 1550, provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect November 5, 1990.”
+
+Effective DatePub. L. 102–143, title III, § 333(e), Oct. 28, 1991, 105 Stat. 947, provided that: “The amendments made by subsection (a) of this section [enacting this section] shall take effect November 5, 1990.”
+
+Study on State Compliance With Requirements for Revocation and Suspension of Drivers’ LicensesPub. L. 102–240, title I, § 1094, Dec. 18, 1991, 105 Stat. 2025, provided that the Secretary would conduct a study of State efforts to comply with the provisions of this section relating to revocation and suspension of drivers’ licenses, and would transmit to Congress a report on the results of the study by Dec. 31, 1992.

legal/us/code/title-23/chapter-1/section-160.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 160"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "160"
+citation: "23 U.S.C. § 160"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s160"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "1eb7ccc5a3300b34fe384e82c01117ad92df24493d4233966bc8d432c519b3ff"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "2583bae71a3980e1333e752c9c5dcb33fdcc2f09b7126ec6839097fd7c2bd550"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 160 - Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
+
+## Notes
+
+Section, added Pub. L. 102–240, title I, § 1014(a), Dec. 18, 1991, 105 Stat. 1941, related to reimbursement for segments of the Interstate System constructed without Federal assistance.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-1/section-161.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 161"
+description: "Operation of motor vehicles by intoxicated minors"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "161"
+citation: "23 U.S.C. § 161"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s161"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9a656a59a962cad34fe9e7e93cf8161e01f0430d282a560078b50a9d7cc01bc3"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "7a22c0d6ce706f2aefa0e4fcfbbd1dd1864c0a0f2296fb056c1bae0b88860c9c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 161 - Operation of motor vehicles by intoxicated minors
+
+## Text
+
+(a) Withholding of Apportionments for Noncompliance.— (1) Prior to fiscal year 2012.— The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) 11 See References in Text note below. on October 1, 1999, and on October 1 of each fiscal year thereafter through fiscal year 2011, if the State does not meet the requirement of paragraph (3) on that date.
+
+(2) Fiscal year 2012 and thereafter.— The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.
+
+(3) Requirement.— A State meets the requirement of this paragraph if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol.
+
+(b) Period of Availability; Effect of Compliance and Noncompliance.— (1) Period of availability of withheld funds.— (A) Funds withheld on or before september 30, 2000.— Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.
+
+(B) Funds withheld after september 30, 2000.— No funds withheld under this section from apportionment to any State after September 30, 2000, shall be available for apportionment to the State.
+
+(2) Apportionment of withheld funds after compliance.— If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.
+
+(3) Period of availability of subsequently apportioned funds.— Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.
+
+(4) Effect of noncompliance.— If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall lapse.
+
+(Added Pub. L. 104–59, title III, § 320(a), Nov. 28, 1995, 109 Stat. 589; amended Pub. L. 105–178, title I, § 1103(l)(3)(F), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(h), July 6, 2012, 126 Stat. 559.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 104, referred to in subsec. (a)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.
+
+Amendments2012—Subsec. (a)(1), (2). Pub. L. 112–141 redesignated par. (2) as (1), substituted “Prior to fiscal year 2012” for “Thereafter” in par. heading, inserted “through fiscal year 2011” after “each fiscal year thereafter” in text, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.” 1998—Subsec. (a)(1), (2). Pub. L. 105–178 substituted “paragraphs (1), (3), and (4) of section 104(b)” for “paragraphs (1), (3), and (5)(B) of section 104(b)”.
+
+Statutory Notes and Related Subsidiaries
+
+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.

legal/us/code/title-23/chapter-1/section-162.md

@@ -0,0 +1,123 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 162"
+description: "National scenic byways program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "162"
+citation: "23 U.S.C. § 162"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s162"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "7d3e3a51c0f33f002c96033d023ef3463dbe2a0600ab24f770fec63b093d915e"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "693af7fc2705bc42fb5c84fcc8a05f1367b8ed998b341c73bbf367003cbbb18d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 162 - National scenic byways program
+
+## Text
+
+(a) Designation of Roads.— (1) In general.— The Secretary shall carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archaeological qualities by designating the roads as—
+
+(A) National Scenic Byways;
+
+(B) All-American Roads; or
+
+(C) America’s Byways.
+
+(2) Criteria.— The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary.
+
+(3) Nomination.— (A) In general.— To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway.
+
+(B) Nomination by indian tribes.— An Indian tribe may nominate a road as a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1) only if a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a political subdivision of a State does not have—
+
+(i) jurisdiction over the road; or
+
+(ii) responsibility for managing the road.
+
+(C) Safety.— An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A).
+
+(4) Reciprocal notification.— States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that—
+
+(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or
+
+(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.
+
+(b) Grants and Technical Assistance.— (1) In general.— The Secretary shall make grants and provide technical assistance to States and Indian tribes to—
+
+(A) implement projects on highways designated as—
+
+(i) National Scenic Byways;
+
+(ii) All-American Roads;
+
+(iii) America’s Byways;
+
+(iv) State scenic byways; or
+
+(v) Indian tribe scenic byways; and
+
+(B) plan, design, and develop a State or Indian tribe scenic byway program.
+
+(2) Priorities.— In making grants, the Secretary shall give priority to—
+
+(A) each eligible project that is associated with a highway that has been designated as a National Scenic Byway, All-American Road, or 1 of America’s Byways and that is consistent with the corridor management plan for the byway;
+
+(B) each eligible project along a State or Indian tribe scenic byway that is consistent with the corridor management plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway eligible for designation as—
+
+(i) a National Scenic Byway;
+
+(ii) an All-American Road; or
+
+(iii) 1 of America’s Byways; and
+
+(C) each eligible project that is associated with the development of a State or Indian tribe scenic byway program.
+
+(c) Eligible Projects.— The following are projects that are eligible for Federal assistance under this section:
+
+(1) An activity related to the planning, design, or development of a State or Indian tribe scenic byway program.
+
+(2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities.
+
+(3) Safety improvements to a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of America’s Byways to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of America’s Byways.
+
+(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility.
+
+(5) An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation.
+
+(6) Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway.
+
+(7) Development and provision of tourist information to the public, including interpretive information about a scenic byway.
+
+(8) Development and implementation of a scenic byway marketing program.
+
+(d) Limitation.— The Secretary shall not make a grant under this section for any project that would not protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas.
+
+(e) Savings Clause.— The Secretary shall not withhold any grant or impose any requirement on a State or Indian tribe as a condition of providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in this chapter.
+
+(f) Federal Share.— The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share.
+
+(Added Pub. L. 105–178, title I, § 1219(a), June 9, 1998, 112 Stat. 219; amended Pub. L. 109–59, title I, § 1802, Aug. 10, 2005, 119 Stat. 1456; Pub. L. 110–244, title I, § 101(o), June 6, 2008, 122 Stat. 1576.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2008—Subsec. (a)(3)(B). Pub. L. 110–244, § 101(o)(1), substituted “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)” for “a National Scenic Byway under subparagraph (A)” in introductory provisions. Subsec. (c)(3). Pub. L. 110–244, § 101(o)(2), substituted “All-American Road, or one of America’s Byways” for “or All-American Road” in two places. 2005—Subsec. (a)(1). Pub. L. 109–59, § 1802(a)(1), substituted “the roads as—” and subpars. (A) to (C) for “the roads as National Scenic Byways or All-American Roads.” Subsec. (a)(3), (4). Pub. L. 109–59, § 1802(a)(2), added pars. (3) and (4) and struck out heading and text of former par. (3). Text read as follows: “To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency byway.” Subsec. (b)(1). Pub. L. 109–59, § 1802(b)(1), inserted “and Indian tribes” after “States” in introductory provisions. Subsec. (b)(1)(A). Pub. L. 109–59, § 1802(b)(2), substituted “designated as—” and cls. (i) to (v) for “designated as National Scenic Byways or All-American Roads, or as State scenic byways; and”. Subsec. (b)(1)(B). Pub. L. 109–59, § 1802(b)(3), inserted “or Indian tribe” after “State”. Subsec. (b)(2)(A). Pub. L. 109–59, § 1802(b)(4), substituted “Byway, All-American Road, or 1 of America’s Byways” for “Byway or All-American Road”. Subsec. (b)(2)(B). Pub. L. 109–59, § 1802(b)(5), substituted “State or Indian tribe” for “State-designated” and “designation as—” and cls. (i) to (iii) for “designation as a National Scenic Byway or All-American Road; and”. Subsec. (b)(2)(C). Pub. L. 109–59, § 1802(b)(6), inserted “or Indian tribe” after “State”. Subsec. (c)(1). Pub. L. 109–59, § 1802(c)(1), inserted “or Indian tribe” after “State”. Subsec. (c)(3). Pub. L. 109–59, § 1802(c)(2), inserted “Indian tribe scenic byway,” after “improvements to a State scenic byway,” and “designation as a State scenic byway,”. Subsec. (c)(4). Pub. L. 109–59, § 1802(c)(3), struck out “passing lane,” before “overlook,”. Subsec. (e). Pub. L. 109–59, § 1802(d), inserted “or Indian tribe” after “State”.
+
+Statutory Notes and Related Subsidiaries
+
+Reviving America’s Scenic BywaysPub. L. 116–57, Sept. 22, 2019, 133 Stat. 1090, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Reviving America’s Scenic Byways Act of 2019’. “SEC. 2. NATIONAL SCENIC BYWAYS PROGRAM.“(a) Request for Nominations.—Not later than 90 days after the date of enactment of this Act [Sept. 22, 2019], the Secretary of Transportation shall issue a request for nominations with respect to roads to be designated under the national scenic byways program, as described in section 162(a) of title 23, United States Code. The Secretary shall make the request for nominations available on the appropriate website of the Department of Transportation. “(b) Designation Determinations.—Not later than 1 year after the date on which the request for nominations required under subsection (a) is issued, the Secretary shall make publicly available on the appropriate website of the Department of Transportation a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program.”

legal/us/code/title-23/chapter-1/section-163.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 163"
+description: "Safety incentives to prevent operation of motor vehicles by intoxicated persons"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "163"
+citation: "23 U.S.C. § 163"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s163"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "4b7bd57a5ba95fcb97dea783cc97747cc0df8c5a6ddac67c962beb8679a9eec1"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "09f2dc1de8b6d8ce9ec9783433b7f645d61bdf1abb557a9f2658f00e85143165"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 163 - Safety incentives to prevent operation of motor vehicles by intoxicated persons
+
+## Text
+
+(a) General Authority.— The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense).
+
+(b) Grants.— For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying—
+
+(1) the amount authorized to carry out this section for the fiscal year; by
+
+(2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year.
+
+(c) Use of Grants.— A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title.
+
+(d) Federal Share.— The Federal share of the cost of a project funded under this section shall be 100 percent.
+
+(e) Penalty.— (1) Fiscal years 2007 through 2011.— On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).11 See References in Text note below.
+
+(2) Fiscal year 2012 and thereafter.— On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).
+
+(3) Failure to comply.— If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.
+
+(f) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $55,000,000 for fiscal year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004, through July 30, 2005.22 So in original. The words “$91,315,068 for the period of October 1, 2004, through July 30, 2005” probably should not appear.
+
+(2) Availability of funds.— Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended.
+
+(Added Pub. L. 105–178, title I, § 1404(a), June 9, 1998, 112 Stat. 240; amended Pub. L. 108–88, § 6(a)(2), Sept. 30, 2003, 117 Stat. 1119; Pub. L. 108–202, § 6(b), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 5(b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 5(b), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, § 5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108–310, § 6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–14, § 5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109–20, § 5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109–35, § 5(a)(2), July 20, 2005, 119 Stat. 384; Pub. L. 109–37, § 5(a)(2), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, § 5(a)(2), July 28, 2005, 119 Stat. 416; Pub. L. 109–59, title I, § 1407(a), (b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141, div. A, title I, § 1404(i), July 6, 2012, 126 Stat. 559; Pub. L. 114–94, div. A, title I, § 1446(a)(9), Dec. 4, 2015, 129 Stat. 1437.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 104, referred to in subsec. (e)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.
+
+Amendments2015—Subsec. (f)(2). Pub. L. 114–94 substituted “118(b)” for “118(b)(2)”. 2012—Subsec. (e)(1), (2). Pub. L. 112–141 added pars. (1) and (2) and struck out former pars. (1) and (2) which related to penalty generally and amount to be withheld, respectively. 2005—Subsec. (e). Pub. L. 109–59, § 1407(a)(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 109–40 substituted “$91,315,068 for the period of October 1, 2004, through July 30, 2005” for “$90,410,958 for the period of October 1, 2004, through July 27, 2005”. Pub. L. 109–37 substituted “$90,410,958 for the period of October 1, 2004, through July 27, 2005” for “$89,100,000 for the period of October 1, 2004, through July 21, 2005”. Pub. L. 109–35 substituted “$89,100,000 for the period of October 1, 2004, through July 21, 2005” for “$88,000,000 for the period of October 1, 2004, through July 19, 2005”. Pub. L. 109–20 substituted “$88,000,000 for the period of October 1, 2004, through July 19, 2005” for “$82,500,000 for the period of October 1, 2004, through June 30, 2005”. Pub. L. 109–14 substituted “$82,500,000 for the period of October 1, 2004, through June 30, 2005” for “$73,333,333 for the period of October 1, 2004, through May 31, 2005”. Subsec. (f). Pub. L. 109–59, § 1407(a)(1), redesignated subsec. (e) as (f). Subsec. (f)(1). Pub. L. 109–59, § 1407(b), substituted “2004, and $110,000,000 for fiscal year 2005” for “2004, and”. 2004—Subsec. (e)(1). Pub. L. 108–310 struck out “and” after “2003,” and inserted “, and $73,333,333 for the period of October 1, 2004, through May 31, 2005” before period at end. Pub. L. 108–280 substituted “$110,000,000 for fiscal year 2004” for “$100,000,000 for the period of October 1, 2003, through July 31, 2004”. Pub. L. 108–263 substituted “$100,000,000 for the period of October 1, 2003, through July 31, 2004” for “$90,000,000 for the period of October 1, 2003, through June 30, 2004”. Pub. L. 108–224 substituted “$90,000,000 for the period of October 1, 2003, through June 30, 2004” for “$70,000,000 for the period of October 1, 2003, through April 30, 2004”. Pub. L. 108–202 substituted “$70,000,000 for the period of October 1, 2003, through April 30, 2004” for “$50,000,000 for the period of October 1, 2003, through February 29, 2004”. 2003—Subsec. (e)(1). Pub. L. 108–88 struck out “and” after “2002,” and inserted before period at end “, and $50,000,000 for the period of October 1, 2003, through February 29, 2004”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.
+
+Withholding of Funds for Failure To Enact and Enforce Laws Relating to Driving While IntoxicatedPub. L. 106–346, § 101(a) [title III, § 351], Oct. 23, 2000, 114 Stat. 1356, 1356A–34, directed the Secretary to withhold a percentage, beginning in fiscal year 2004, of the amount required to be apportioned for Federal-aid highways to any State under former pars. (1), (3), and (4) of section 104(b) of this title, if a State had not enacted and was not enforcing a provision described in section 163(a) of this title, and provided for increase of the apportionment by an amount equal to such reduction if within 4 years from the date of the reduction the Secretary determined that such State had enacted and was enforcing a provision described in section 163(a) of this title, prior to repeal by Pub. L. 109–59, title I, § 1407(c), Aug. 10, 2005, 119 Stat. 1231.

legal/us/code/title-23/chapter-1/section-165.md

@@ -0,0 +1,187 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 165"
+description: "Territorial and Puerto Rico highway program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "165"
+citation: "23 U.S.C. § 165"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s165"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "1b550a6cab04e8f3755f94a35e593bdbb9c9c5afa61bae049633f85eec3dda5c"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "8c42ec9486008501ad58130dd80756b33169281c274ff03c5d3b18c90a6b110e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 165 - Territorial and Puerto Rico highway program
+
+## Text
+
+(a) Division of Funds.— Of funds made available in a fiscal year for the territorial and Puerto Rico highway program—
+
+(1) for the Puerto Rico highway program under subsection (b)—
+
+(A) $173,010,000 shall be for fiscal year 2022;
+
+(B) $176,960,000 shall be for fiscal year 2023;
+
+(C) $180,120,000 shall be for fiscal year 2024;
+
+(D) $183,675,000 shall be for fiscal year 2025; and
+
+(E) $187,230,000 shall be for fiscal year 2026; and
+
+(2) for the territorial highway program under subsection (c)—
+
+(A) $45,990,000 shall be for fiscal year 2022;
+
+(B) $47,040,000 shall be for fiscal year 2023;
+
+(C) $47,880,000 shall be for fiscal year 2024;
+
+(D) $48,825,000 shall be for fiscal year 2025; and
+
+(E) $49,770,000 shall be for fiscal year 2026.
+
+(b) Puerto Rico Highway Program.— (1) In general.— The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.
+
+(2) Treatment of funds.— Amounts made available to carry out this subsection for a fiscal year shall be administered as follows:
+
+(A) Apportionment.— (i) In general.— For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying—
+
+(I) the aggregate of the amounts for the fiscal year; by
+
+(II) the proportion that—
+
+(aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to
+
+(bb) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.
+
+(ii) Exception.— Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation block grant program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties.
+
+(B) Penalty.— The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.
+
+(C) Eligible uses of funds.— Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year—
+
+(i) at least 50 percent shall be available only for purposes eligible under section 119;
+
+(ii) at least 25 percent shall be available only for purposes eligible under section 148; and
+
+(iii) any remaining funds may be obligated for activities eligible under chapter 1 and preventative maintenance on the National Highway System.
+
+(3) Effect on apportionments.— Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title.
+
+(c) Territorial Highway Program.— (1) Territory defined.— In this subsection, the term “territory” means any of the following territories of the United States:
+
+(A) American Samoa.
+
+(B) The Commonwealth of the Northern Mariana Islands.
+
+(C) Guam.
+
+(D) The United States Virgin Islands.
+
+(2) Program.— (A) In general.— Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is—
+
+(i) designated by the Governor or chief executive officer of each territory; and
+
+(ii) approved by the Secretary.
+
+(B) Federal share.— The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g).
+
+(3) Technical assistance.— (A) In general.— To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis—
+
+(i) to engage in highway planning;
+
+(ii) to conduct environmental evaluations;
+
+(iii) to administer right-of-way acquisition and relocation assistance programs; and
+
+(iv) to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors.
+
+(B) Form and terms of assistance.— Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5).
+
+(4) Nonapplicability of certain provisions.— (A) In general.— Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection.
+
+(B) Applicable provisions.— The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections.
+
+(5) Agreement.— (A) In general.— Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall—
+
+(i) implement the program in accordance with applicable provisions of this chapter and paragraph (4);
+
+(ii) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are—
+
+(I) appropriate for each territory; and
+
+(II) approved by the Secretary;
+
+(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and
+
+(iv) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary.
+
+(B) Technical assistance.— The agreement required by subparagraph (A) shall—
+
+(i) specify the kind of technical assistance to be provided under the program;
+
+(ii) include appropriate provisions regarding information sharing among the territories; and
+
+(iii) delineate the oversight role and responsibilities of the territories and the Secretary.
+
+(C) Review and revision of agreement.— The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years.
+
+(D) Existing agreements.— With respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection—
+
+(i) the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and
+
+(ii) amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect.
+
+(6) Eligible uses of funds.— (A) In general.— Funds made available under this subsection may be used only for the following projects and activities carried out in a territory:
+
+(i) Eligible surface transportation block grant program projects described in section 133(b).
+
+(ii) Cost-effective, preventive maintenance consistent with section 116(e).
+
+(iii) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129.
+
+(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.
+
+(v) Studies of the economy, safety, and convenience of highway use.
+
+(vi) The regulation and equitable taxation of highway use.
+
+(vii) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system.
+
+(B) Prohibition on use of funds for routine maintenance.— None of the funds made available under this subsection shall be obligated or expended for routine maintenance.
+
+(7) Location of projects.— Territorial highway program projects (other than those described in paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)) may not be undertaken on roads functionally classified as local.
+
+(Added Pub. L. 109–59, title I, § 1120(a), Aug. 10, 2005, 119 Stat. 1191; amended Pub. L. 112–141, div. A, title I, § 1114(a), July 6, 2012, 126 Stat. 464; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1115, 1446(a)(11), Dec. 4, 2015, 129 Stat. 1343, 1349, 1438; Pub. L. 117–58, div. A, title I, § 11126, Nov. 15, 2021, 135 Stat. 506.)
+
+## Notes
+
+Editorial Notes
+
+References in TextSection 215 as in effect on the day before the enactment of this section and section 215 of this title as in effect on the day before the date of enactment of this subsection, referred to in subsec. (c)(5)(A), (D), probably mean section 215 of this title as in effect on the day before the date of enactment of Pub. L. 112–141, which was approved July 6, 2012, and which amended this section generally and repealed section 215.
+
+Amendments2021—Subsec. (a). Pub. L. 117–58, § 11126(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) $158,000,000 shall be for the Puerto Rico highway program under subsection (b); and “(2) $42,000,000 shall be for the territorial highway program under subsection (c).” Subsec. (b)(2)(C)(iii). Pub. L. 117–58, § 11126(2), inserted “and preventative maintenance on the National Highway System” after “chapter 1”. Subsec. (c)(7). Pub. L. 117–58, § 11126(3), substituted “paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)” for “paragraphs (1) through (4) of section 133(c) and section 133(b)(12)”. 2015—Subsec. (a)(1). Pub. L. 114–94, § 1115(1), substituted “$158,000,000” for “$150,000,000”. Subsec. (a)(2). Pub. L. 114–94, § 1115(2), substituted “$42,000,000” for “$40,000,000”. Subsecs. (b)(2)(A)(ii), (c)(6)(A)(i). Pub. L. 114–94, § 1109(c)(5), substituted “surface transportation block grant program” for “surface transportation program”. Subsec. (c)(7). Pub. L. 114–94, § 1446(a)(11), substituted “paragraphs (1) through (4) of section 133(c) and section 133(b)(12)” for “paragraphs (2), (4), (7), (8), (14), and (19) of section 133(b)”. 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to Puerto Rico highway program.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+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.

legal/us/code/title-23/chapter-1/section-167.md

@@ -0,0 +1,319 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 167"
+description: "National highway freight program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "167"
+citation: "23 U.S.C. § 167"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s167"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "c495d2c9c587ecebd9c25db98be7e91a660707a0243b5e6f160f56ad1202e53e"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "6b5a52f8d397ae6a87cb58a7e313331c8e627fc3ab5b60f4475d5025ceba348f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 167 - National highway freight program
+
+## Text
+
+(a) In General.— (1) Policy.— It is the policy of the United States to improve the condition and performance of the National Highway Freight Network established under this section to ensure that the Network provides the foundation for the United States to compete in the global economy and achieve the goals described in subsection (b).
+
+(2) Establishment.— In support of the goals described in subsection (b), the Administrator of the Federal Highway Administration shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the National Highway Freight Network.
+
+(b) Goals.— The goals of the national highway freight program are—
+
+(1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that—
+
+(A) strengthen the contribution of the National Highway Freight Network to the economic competitiveness of the United States;
+
+(B) reduce congestion and bottlenecks on the National Highway Freight Network;
+
+(C) reduce the cost of freight transportation;
+
+(D) improve the year-round reliability of freight transportation; and
+
+(E) increase productivity, particularly for domestic industries and businesses that create high-value jobs;
+
+(2) to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas;
+
+(3) to improve the state of good repair of the National Highway Freight Network;
+
+(4) to use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Highway Freight Network;
+
+(5) to improve the efficiency and productivity of the National Highway Freight Network;
+
+(6) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address highway freight connectivity; and
+
+(7) to reduce the environmental impacts of freight movement on the National Highway Freight Network.
+
+(c) Establishment of National Highway Freight Network.— (1) In general.— The Administrator shall establish a National Highway Freight Network in accordance with this section to strategically direct Federal resources and policies toward improved performance of the Network.
+
+(2) Network components.— The National Highway Freight Network shall consist of—
+
+(A) the primary highway freight system, as designated under subsection (d);
+
+(B) critical rural freight corridors established under subsection (e);
+
+(C) critical urban freight corridors established under subsection (f); and
+
+(D) the portions of the Interstate System not designated as part of the primary highway freight system.
+
+(d) Designation and Redesignation of the Primary Highway Freight System.— (1) Initial designation of primary highway freight system.— The initial designation of the primary highway freight system shall be the 41,518-mile network identified during the designation process for the primary freight network under section 167(d) of this title, as in effect on the day before the date of enactment of the FAST Act.
+
+(2) Redesignation of primary highway freight system.— (A) In general.— Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system.
+
+(B) Redesignation mileage.— Each redesignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system.
+
+(C) Use of measurable data.— In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains.
+
+(D) Input.— In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration.
+
+(E) Factors for redesignation.— In redesignating the primary highway freight system, the Administrator shall consider—
+
+(i) changes in the origins and destinations of freight movement in, to, and from the United States;
+
+(ii) changes in the percentage of annual daily truck traffic in the annual average daily traffic on principal arterials;
+
+(iii) changes in the location of key facilities;
+
+(iv) land and water ports of entry;
+
+(v) access to energy exploration, development, installation, or production areas;
+
+(vi) access to other freight intermodal facilities, including rail, air, water, and pipelines facilities;
+
+(vii) the total freight tonnage and value moved via highways;
+
+(viii) significant freight bottlenecks, as identified by the Administrator;
+
+(ix) the significance of goods movement on principal arterials, including consideration of global and domestic supply chains;
+
+(x) critical emerging freight corridors and critical commerce corridors; and
+
+(xi) network connectivity.
+
+(e) Critical Rural Freight Corridors.— (1) In general.— A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road is not in an urbanized area and—
+
+(A) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13);
+
+(B) provides access to energy exploration, development, installation, or production areas;
+
+(C) connects the primary highway freight system, a roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than—
+
+(i) 50,000 20-foot equivalent units per year; or
+
+(ii) 500,000 tons per year of bulk commodities;
+
+(D) provides access to—
+
+(i) a grain elevator;
+
+(ii) an agricultural facility;
+
+(iii) a mining facility;
+
+(iv) a forestry facility; or
+
+(v) an intermodal facility;
+
+(E) connects to an international port of entry;
+
+(F) provides access to significant air, rail, water, or other freight facilities in the State; or
+
+(G) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State.
+
+(2) Limitation.— A State may designate as critical rural freight corridors a maximum of 300 miles of highway or 20 percent of the primary highway freight system mileage in the State, whichever is greater.
+
+(3) Rural states.— Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.
+
+(f) Critical Urban Freight Corridors.— (1) Urbanized area with population of 500,000 or more.— In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor.
+
+(2) Urbanized area with a population less than 500,000.— In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor.
+
+(3) Requirements for designation.— A designation may be made under paragraph (1) or (2) if the public road—
+
+(A) is in an urbanized area, regardless of population; and
+
+(B) (i) connects an intermodal facility to—
+
+(I) the primary highway freight system;
+
+(II) the Interstate System; or
+
+(III) an intermodal freight facility;
+
+(ii) is located within a corridor of a route on the primary highway freight system and provides an alternative highway option important to goods movement;
+
+(iii) serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or
+
+(iv) is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State.
+
+(4) Limitation.— For each State, a maximum of 150 miles of highway or 10 percent of the primary highway freight system mileage in the State, whichever is greater, may be designated as a critical urban freight corridor under paragraphs (1) and (2).
+
+(g) Designation and Certification.— (1) Designation.— States and metropolitan planning organizations may designate corridors under subsections (e) and (f) and submit the designated corridors to the Administrator on a rolling basis.
+
+(2) Certification.— Each State or metropolitan planning organization that designates a corridor under subsection (e) or (f) shall certify to the Administrator that the designated corridor meets the requirements of the applicable subsection.
+
+(h) Use of Apportioned Funds.— (1) In general.— A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network.
+
+(2) Formula.— The Administrator shall calculate for each State the proportion that—
+
+(A) the total mileage in the State designated as part of the primary highway freight system; bears to
+
+(B) the total mileage of the primary highway freight system in all States.
+
+(3) Use of funds.— (A) States with high primary highway freight system mileage.— If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—
+
+(i) the primary highway freight system;
+
+(ii) critical rural freight corridors; and
+
+(iii) critical urban freight corridors.
+
+(B) States with low primary highway freight system mileage.— If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network.
+
+(4) Freight planning.— Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed a freight plan in accordance with section 70202 of title 49, except that the multimodal component of the plan may be incomplete before an obligation may be made under this section.
+
+(5) Eligibility.— (A) In general.— Except as provided in this subsection, for a project to be eligible for funding under this section the project shall—
+
+(i) contribute to the efficient movement of freight on the National Highway Freight Network; and
+
+(ii) be identified in a freight investment plan included in a freight plan of the State that is in effect.
+
+(B) Other projects.— For each fiscal year, a State may obligate not more than 30 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects—
+
+(i) within the boundaries of public or private freight rail or water facilities (including ports);
+
+(ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility;
+
+(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—
+
+(I) is functionally connected to the National Highway Freight Network; and
+
+(II) is likely to reduce on-road mobile source emissions; and
+
+(iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—
+
+(I) is functionally connected to the National Highway Freight Network; and
+
+(II) is likely to reduce on-road mobile source emissions.
+
+(C) Eligible projects.— Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following:
+
+(i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.
+
+(ii) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.
+
+(iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems.
+
+(iv) Efforts to reduce the environmental impacts of freight movement.
+
+(v) Environmental and community mitigation for freight movement.
+
+(vi) Railway-highway grade separation.
+
+(vii) Geometric improvements to interchanges and ramps.
+
+(viii) Truck-only lanes.
+
+(ix) Climbing and runaway truck lanes.
+
+(x) Adding or widening of shoulders.
+
+(xi) Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note).
+
+(xii) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.
+
+(xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.
+
+(xiv) Traffic signal optimization, including synchronized and adaptive signals.
+
+(xv) Work zone management and information systems.
+
+(xvi) Highway ramp metering.
+
+(xvii) Electronic cargo and border security technologies that improve truck freight movement.
+
+(xviii) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.
+
+(xix) Additional road capacity to address highway freight bottlenecks.
+
+(xx) Physical separation of passenger vehicles from commercial motor freight.
+
+(xxi) Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight.
+
+(xxii) A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network.
+
+(xxiii) Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B).
+
+(6) Other eligible costs.— In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for—
+
+(A) carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and
+
+(B) the necessary costs of—
+
+(i) conducting analyses and data collection related to the national highway freight program;
+
+(ii) developing and updating performance targets to carry out this section; and
+
+(iii) reporting to the Administrator to comply with the freight performance target under section 150.
+
+(7) Applicability of planning requirements.— Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135.
+
+(i) State Performance Targets.— If the Administrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall include in the next report submitted under section 150(e) a description of the actions the State will undertake to achieve the targets, including—
+
+(1) an identification of significant freight system trends, needs, and issues within the State;
+
+(2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State;
+
+(3) an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating national highway freight program funds to improve those bottlenecks; and
+
+(4) a description of the actions the State will undertake to meet the performance targets of the State.
+
+(j) Intelligent Freight Transportation System.— (1) Definition of intelligent freight transportation system.— In this section, the term “intelligent freight transportation system” means—
+
+(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities—
+
+(i) in proximity to, or within, an existing right of way on a Federal-aid highway; or
+
+(ii) that connect land ports-of entry 11 So in original. to existing Federal-aid highways; or
+
+(B) communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes.
+
+(2) Operating standards.— The Administrator shall determine whether there is a need for establishing operating standards for intelligent freight transportation systems.
+
+(k) Treatment of Freight Projects.— Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Federal-aid highway.
+
+(Added Pub. L. 112–141, div. A, title I, § 1115(a), July 6, 2012, 126 Stat. 468; amended Pub. L. 114–94, div. A, title I, § 1116(a), Dec. 4, 2015, 129 Stat. 1349; Pub. L. 117–58, div. A, title I, § 11114, title III, § 13006(f), Nov. 15, 2021, 135 Stat. 479, 639.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the FAST Act, referred to in subsecs. (d)(1), (2)(A) and (h)(4), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
+
+Amendments2021—Subsec. (e)(2). Pub. L. 117–58, § 11114(1)(A), substituted “300 miles” for “150 miles”. Subsec. (e)(3). Pub. L. 117–58, § 11114(1)(B), added par. (3). Subsec. (f)(4). Pub. L. 117–58, § 11114(2), substituted “150 miles” for “75 miles”. Subsecs. (h), (i). Pub. L. 117–58, § 13006(f), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: “Not later than 2 years after the date of enactment of the FAST Act, and biennially thereafter, the Administrator shall prepare and submit to Congress a report that describes the conditions and performance of the National Highway Freight Network in the United States.” Subsec. (i)(5)(B). Pub. L. 117–58, § 11114(3)(A), substituted “30 percent” for “10 percent” in introductory provisions. Subsec. (i)(5)(B)(iii), (iv). Pub. L. 117–58, § 11114(3)(B)–(D), added cls. (iii) and (iv). Subsecs. (j) to (l). Pub. L. 117–58, § 13006(f)(2), redesignated subsecs. (j) to (l) as (i) to (k), respectively. 2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to national freight policy.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection 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.
+
+Freight Movement Projects, Advisory Committees, and PlansPub. L. 112–141, div. A, title I, §§ 1116–1118, July 6, 2012, 126 Stat. 472, 473, which related to prioritization of projects to improve freight movement, State freight advisory committees, and State freight plans, was repealed by Pub. L. 114–94, div. A, title I, § 1116(c), Dec. 4, 2015, 129 Stat. 1356.

legal/us/code/title-23/chapter-1/section-168.md

@@ -0,0 +1,159 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 168"
+description: "Integration of planning and environmental review"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "168"
+citation: "23 U.S.C. § 168"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s168"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "2e5296594b849c605f62e67200c49613332648457711ff173640db4201b7581a"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 168 - Integration of planning and environmental review
+
+## Text
+
+(a) Definitions.— In this section, the following definitions apply:
+
+(1) Environmental review process.— The term “environmental review process” has the meaning given the term in section 139(a).
+
+(2) Lead agency.— The term “lead agency” has the meaning given the term in section 139(a).
+
+(3) Planning product.— The term “planning product” means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively.
+
+(4) Project.— The term “project” has the meaning given the term in section 139(a).
+
+(5) Project sponsor.— The term “project sponsor” has the meaning given the term in section 139(a).
+
+(6) Relevant agency.— The term “relevant agency” means the agency with authority under subparagraph (A) or (B) of subsection (b)(1).
+
+(b) Adoption or Incorporation by Reference of Planning Products for Use in NEPA Proceedings.— (1) In general.— Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project:
+
+(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
+
+(B) The cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.
+
+(2) Identification.— If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies that participated in the development of the planning products.
+
+(3) Adoption or incorporation by reference of planning products.— The relevant agency may—
+
+(A) adopt or incorporate by reference an entire planning product under paragraph (1); or
+
+(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
+
+(4) Timing.— A determination under paragraph (1) with respect to the adoption or incorporation by reference of a planning product may—
+
+(A) be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or
+
+(B) occur later in the environmental review process, as appropriate.
+
+(c) Applicability.— (1) Planning decisions.— The relevant agency in the environmental review process may adopt or incorporate by reference decisions from a planning product, including—
+
+(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project;
+
+(B) a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility;
+
+(C) the purpose and the need for the proposed action;
+
+(D) preliminary screening of alternatives and elimination of unreasonable alternatives;
+
+(E) a basic description of the environmental setting;
+
+(F) a decision with respect to methodologies for analysis; and
+
+(G) an identification of programmatic level mitigation for potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the relevant agency determines are more effectively addressed on a national or regional scale, including—
+
+(i) measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and
+
+(ii) potential mitigation activities, locations, and investments.
+
+(2) Planning analyses.— The relevant agency in the environmental review process may adopt or incorporate by reference analyses from a planning product, including—
+
+(A) travel demands;
+
+(B) regional development and growth;
+
+(C) local land use, growth management, and development;
+
+(D) population and employment;
+
+(E) natural and built environmental conditions;
+
+(F) environmental resources and environmentally sensitive areas;
+
+(G) potential environmental effects, including the identification of resources of concern and potential direct, indirect, and cumulative effects on those resources; and
+
+(H) mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level.
+
+(d) Conditions.— The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met:
+
+(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
+
+(2) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.
+
+(3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
+
+(4) The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section.
+
+(5) During the environmental review process, the relevant agency has—
+
+(A) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project;
+
+(B) provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and
+
+(C) considered any resulting comments.
+
+(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product.
+
+(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
+
+(8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
+
+(9) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the FAST Act).
+
+(10) The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference.
+
+(e) Effect of Adoption or Incorporation by Reference.— Any planning product adopted or incorporated by reference by the relevant agency in accordance with this section may be—
+
+(1) incorporated directly into an environmental review process document or other environmental document; and
+
+(2) relied on and used by other Federal agencies in carrying out reviews of the project.
+
+(f) Rules of Construction.— (1) In general.— This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49.
+
+(2) Transportation planning activities.— Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process.
+
+(3) Planning products.— This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning.
+
+(Added Pub. L. 112–141, div. A, title I, § 1310(a), July 6, 2012, 126 Stat. 540; amended Pub. L. 114–94, div. A, title I, § 1305, Dec. 4, 2015, 129 Stat. 1386.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (b)(1) and (d)(9), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of the FAST Act, referred to in subsec. (d)(9), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
+
+Amendments2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to integration of planning and environmental review.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection 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.

legal/us/code/title-23/chapter-1/section-169.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 169"
+description: "Development of programmatic mitigation plans"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "169"
+citation: "23 U.S.C. § 169"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s169"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "45d8d14c98e224ba71fffc3acee234e9c445631a7065d04ac8675a772753bd9b"
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+text_hash: "338cac2375c2f62f77051903577b49008efe438ab9cdcb05d0fe58434baa8b73"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 169 - Development of programmatic mitigation plans
+
+## Text
+
+(a) In General.— As part of the statewide or metropolitan transportation planning process, a State or metropolitan planning organization may develop 1 or more programmatic mitigation plans to address the potential environmental impacts of future transportation projects.
+
+(b) Scope.— (1) Scale.— A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale.
+
+(2) Resources.— The plan may encompass multiple environmental resources within a defined geographic area or may focus on a specific resource, such as aquatic resources, parkland, or wildlife habitat.
+
+(3) Project impacts.— The plan may address impacts from all projects in a defined geographic area or may focus on a specific type of project.
+
+(4) Consultation.— The scope of the plan shall be determined by the State or metropolitan planning organization, as appropriate, in consultation with the agency or agencies with jurisdiction over the resources being addressed in the mitigation plan.
+
+(c) Contents.— A programmatic mitigation plan may include—
+
+(1) an assessment of the condition of environmental resources in the geographic area covered by the plan, including an assessment of recent trends and any potential threats to those resources;
+
+(2) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects;
+
+(3) standard measures for mitigating certain types of impacts;
+
+(4) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
+
+(5) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and
+
+(6) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources.
+
+(d) Process.— Before adopting a programmatic mitigation plan, a State or metropolitan planning organization shall—
+
+(1) consult with each agency with jurisdiction over the environmental resources considered in the programmatic mitigation plan;
+
+(2) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public;
+
+(3) consider any comments received from such agencies and the public on the draft plan; and
+
+(4) address such comments in the final plan.
+
+(e) Integration With Other Plans.— A programmatic mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.
+
+(f) Consideration in Project Development and Permitting.— If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project shall give substantial weight to the recommendations in a programmatic mitigation plan when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other Federal environmental law.
+
+(g) Preservation of Existing Authorities.— Nothing in this section limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
+
+(Added Pub. L. 112–141, div. A, title I, § 1311(a), July 6, 2012, 126 Stat. 543; amended Pub. L. 114–94, div. A, title I, § 1306, Dec. 4, 2015, 129 Stat. 1389.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (f) and (g), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
+
+Amendments2015—Subsec. (f). Pub. L. 114–94 substituted “shall give substantial weight to” for “may use” and inserted “or other Federal environmental law” before period at end.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection 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.

legal/us/code/title-23/chapter-1/section-170.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 170"
+description: "Funding flexibility for transportation emergencies"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "170"
+citation: "23 U.S.C. § 170"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s170"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 170 - Funding flexibility for transportation emergencies
+
+## Text
+
+(a) In General.— Notwithstanding any other provision of law, a State may use up to 100 percent of any covered funds of the State to repair or replace a transportation facility that has suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause.
+
+(b) Declaration of Emergency.— Funds may be used under this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
+
+(c) Repayment.— Funds used under subsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds.
+
+(d) Definitions.— In this section, the following definitions apply:
+
+(1) Covered funds.— The term “covered funds” means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section.
+
+(2) Transportation facility.— The term “transportation facility” means any facility eligible for assistance under section 125.
+
+(Added Pub. L. 112–141, div. A, title I, § 1515(a), July 6, 2012, 126 Stat. 573.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection 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.

legal/us/code/title-23/chapter-1/section-171.md

@@ -0,0 +1,151 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 171"
+description: "Wildlife crossings pilot program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "171"
+citation: "23 U.S.C. § 171"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s171"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9050c81ed12a7cd463341196fea0442b27886366f0f34c9721d8948f9a00d360"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "591534267ce5563d51e3ecdab1838599d8b974562d1e5a44ea28e96b082d620f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 171 - Wildlife crossings pilot program
+
+## Text
+
+(a) Finding.— Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because—
+
+(1) according to the report of the Federal Highway Administration entitled “Wildlife-Vehicle Collision Reduction Study”, there are more than 1,000,000 wildlife-vehicle collisions every year;
+
+(2) wildlife-vehicle collisions—
+
+(A) present a danger to—
+
+(i) human safety; and
+
+(ii) wildlife survival; and
+
+(B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and
+
+(3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and
+
+(4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians.
+
+(b) Establishment.— The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the “pilot program”) to provide grants for projects that seek to achieve—
+
+(1) a reduction in the number of wildlife-vehicle collisions; and
+
+(2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species.
+
+(c) Eligible Entities.— An entity eligible to apply for a grant under the pilot program is—
+
+(1) a State highway agency, or an equivalent of that agency;
+
+(2) a metropolitan planning organization (as defined in section 134(b));
+
+(3) a unit of local government;
+
+(4) a regional transportation authority;
+
+(5) a special purpose district or public authority with a transportation function, including a port authority;
+
+(6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));
+
+(7) a Federal land management agency; or
+
+(8) a group of any of the entities described in paragraphs (1) through (7).
+
+(d) Applications.— (1) In general.— To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
+
+(2) Requirement.— If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application.
+
+(3) Guidance.— To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife.
+
+(e) Considerations.— In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:
+
+(1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.
+
+(2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following:
+
+(A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships.
+
+(B) Supporting local economic development and improvement of visitation opportunities.
+
+(C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species.
+
+(D) Provision of educational and outreach opportunities.
+
+(E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects.
+
+(F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph.
+
+(f) Use of Funds.— (1) In general.— The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions.
+
+(2) Grant administration.— (A) In general.— A grant received under the pilot program shall be administered by—
+
+(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the Federal Highway Administration, through an agreement; and
+
+(ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out.
+
+(B) Partnerships.— (i) In general.— A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement.
+
+(ii) Eligible partners described.— The eligible partners referred to in clause (i) include—
+
+(I) a metropolitan planning organization (as defined in section 134(b));
+
+(II) a unit of local government;
+
+(III) a regional transportation authority;
+
+(IV) a special purpose district or public authority with a transportation function, including a port authority;
+
+(V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));
+
+(VI) a Federal land management agency;
+
+(VII) a foundation, nongovernmental organization, or institution of higher education;
+
+(VIII) a Federal, Tribal, regional, or State government entity; and
+
+(IX) a group of any of the entities described in subclauses (I) through (VIII).
+
+(3) Compliance.— An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.
+
+(g) Requirement.— The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas.
+
+(h) Annual Report to Congress.— (1) In general.— Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.
+
+(2) Contents.— The report under paragraph (1) shall include—
+
+(A) a detailed description of the activities carried out under the pilot program;
+
+(B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and
+
+(C) policy recommendations to improve the effectiveness of the pilot program.
+
+(i) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
+
+(Added Pub. L. 117–58, div. A, title I, § 11123(b)(1), Nov. 15, 2021, 135 Stat. 499.)
+
+## Notes
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-172.md

@@ -0,0 +1,199 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 172"
+description: "Wildlife-vehicle collision reduction and habitat connectivity improvement"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "172"
+citation: "23 U.S.C. § 172"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s172"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "f0b1489888dae170d1247d81a13972fa5dcc7c6ab63646a1891ba25bc8e3dfaa"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "ac0cf17439880f315a5a7e41b3f59a2db9258cd034a6f0b272afa6171100474d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 172 - Wildlife-vehicle collision reduction and habitat connectivity improvement
+
+## Text
+
+(a) Study.— (1) In general.— The Secretary shall conduct a study (referred to in this subsection as the “study”) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as “wildlife-vehicle collisions”).
+
+(2) Contents.— (A) Areas of study.— The study shall—
+
+(i) update and expand on, as appropriate—
+
+(I) the report entitled “Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress”; and
+
+(II) the document entitled “Wildlife Vehicle Collision Reduction Study: Best Practices Manual” and dated October 2008; and
+
+(ii) include—
+
+(I) an assessment, as of the date of the study, of—
+
+(aa) the causes of wildlife-vehicle collisions;
+
+(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and
+
+(cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and
+
+(II) solutions and best practices for—
+
+(aa) reducing wildlife-vehicle collisions; and
+
+(bb) improving habitat connectivity for terrestrial and aquatic species.
+
+(B) Methods.— In carrying out the study, the Secretary shall—
+
+(i) conduct a thorough review of research and data relating to—
+
+(I) wildlife-vehicle collisions; and
+
+(II) habitat fragmentation that results from transportation infrastructure;
+
+(ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and
+
+(iii) consult with—
+
+(I) appropriate experts in the field of wildlife-vehicle collisions; and
+
+(II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species.
+
+(3) Report.— (A) In general.— Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study.
+
+(B) Contents.— The report under subparagraph (A) shall include—
+
+(i) a description of—
+
+(I) the causes of wildlife-vehicle collisions;
+
+(II) the impacts of wildlife-vehicle collisions; and
+
+(III) the impacts of roads and traffic on—
+
+(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
+
+(bb) species identified by States as species of greatest conservation need;
+
+(cc) species identified in State wildlife plans; and
+
+(dd) medium and small terrestrial and aquatic species;
+
+(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;
+
+(iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and
+
+(iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—
+
+(I) to address wildlife-vehicle collisions; and
+
+(II) to improve habitat connectivity for terrestrial and aquatic species.
+
+(b) Workforce Development and Technical Training.— (1) In general.— Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses—
+
+(A) to reduce wildlife-vehicle collisions; and
+
+(B) to improve habitat connectivity for terrestrial and aquatic species.
+
+(2) Availability.— The Secretary shall—
+
+(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and
+
+(B) update the series of courses not less frequently than once every 2 years.
+
+(c) Standardization of Wildlife Collision and Carcass Data.— (1) Standardized methodology.— (A) In general.— The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the “Secretary”), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost.
+
+(B) Methodology.— In developing the standardized methodology under subparagraph (A), the Secretary shall—
+
+(i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and
+
+(ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection.
+
+(C) Consultation.— In developing the standardized methodology under subparagraph (A), the Secretary shall consult with—
+
+(i) the Secretary of the Interior;
+
+(ii) the Secretary of Agriculture, acting through the Chief of the Forest Service;
+
+(iii) Tribal, State, and local transportation and wildlife authorities;
+
+(iv) metropolitan planning organizations (as defined in section 134(b));
+
+(v) members of the American Association of State Highway Transportation Officials;
+
+(vi) members of the Association of Fish and Wildlife Agencies;
+
+(vii) experts in the field of wildlife-vehicle collisions;
+
+(viii) nongovernmental organizations; and
+
+(ix) other interested stakeholders, as appropriate.
+
+(2) Standardized national data system with voluntary template implementation.— The Secretary shall—
+
+(A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and
+
+(B) encourage the voluntary implementation of the template developed under subparagraph (A).
+
+(3) Reports.— (A) Methodology.— The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—
+
+(i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021; and
+
+(ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology.
+
+(B) Implementation.— Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing—
+
+(i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);
+
+(ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities—
+
+(I) to reduce the number of wildlife-vehicle collisions; and
+
+(II) to improve habitat connectivity;
+
+(iii) the degree of the impact described in clause (ii); and
+
+(iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any.
+
+(d) National Threshold Guidance.— The Secretary shall—
+
+(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—
+
+(A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk;
+
+(B) highway-related mortality and the effects of traffic on the highway on—
+
+(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
+
+(ii) species identified by a State as species of greatest conservation need;
+
+(iii) species identified in State wildlife plans; and
+
+(iv) medium and small terrestrial and aquatic species; and
+
+(C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.
+
+(Added Pub. L. 117–58, div. A, title I, § 11123(c)(1), Nov. 15, 2021, 135 Stat. 502.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsecs. (a)(3)(A), (b)(1), and (c)(3), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021. The Endangered Species Act of 1973, referred to in subsecs. (a)(3)(B)(i)(III)(aa) and (d)(1)(B)(i), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-173.md

@@ -0,0 +1,183 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 173"
+description: "Rural surface transportation grant program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "173"
+citation: "23 U.S.C. § 173"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s173"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "08b3e9efad0736a3ab26557599fad2cc7d2f2b11bfdfeb318734da59c5904a9d"
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+text_hash: "871e63f16428d17e1aef4695a22c48b47c1c228d1a1254df69622545dfad8939"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 173 - Rural surface transportation grant program
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Program.— The term “program” means the program established under subsection (b)(1).
+
+(2) Rural area.— The term “rural area” means an area that is outside an urbanized area with a population of over 200,000.
+
+(b) Establishment.— (1) In general.— The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.
+
+(2) Goals.— The goals of the program shall be—
+
+(A) to increase connectivity;
+
+(B) to improve the safety and reliability of the movement of people and freight; and
+
+(C) to generate regional economic growth and improve quality of life.
+
+(3) Grant administration.— The Secretary may—
+
+(A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and
+
+(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program.
+
+(c) Eligible Entities.— The Secretary may make a grant under the program to—
+
+(1) a State;
+
+(2) a regional transportation planning organization;
+
+(3) a unit of local government;
+
+(4) a Tribal government or a consortium of Tribal governments; and
+
+(5) a multijurisdictional group of entities described in paragraphs (1) through (4).
+
+(d) Applications.— To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
+
+(e) Eligible Projects.— (1) In general.— Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is—
+
+(A) a highway, bridge, or tunnel project eligible under section 119(d);
+
+(B) a highway, bridge, or tunnel project eligible under section 133(b);
+
+(C) a project eligible under section 202(a);
+
+(D) a highway freight project eligible under section 167(h)(5);
+
+(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));
+
+(F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or
+
+(G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.
+
+(2) Bundling of eligible projects.— (A) In general.— An eligible entity may bundle 2 or more similar eligible projects under the program that are—
+
+(i) included as a bundled project in a statewide transportation improvement program under section 135; and
+
+(ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.
+
+(B) Itemization.— Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.
+
+(f) Eligible Project Costs.— An eligible entity may use funds from a grant under the program for—
+
+(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
+
+(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.
+
+(g) Project Requirements.— The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—
+
+(1) will generate regional economic, mobility, or safety benefits;
+
+(2) will be cost effective;
+
+(3) will contribute to the accomplishment of 1 or more of the national goals under section 150;
+
+(4) is based on the results of preliminary engineering; and
+
+(5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
+
+(h) Additional Considerations.— In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—
+
+(1) improve the state of good repair of existing highway, bridge, and tunnel facilities;
+
+(2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas;
+
+(3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
+
+(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;
+
+(5) contribute to geographic diversity among grant recipients;
+
+(6) utilize innovative project delivery approaches or incorporate transportation technologies;
+
+(7) coordinate with projects to address broadband infrastructure needs; or
+
+(8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.
+
+(i) Grant Amount.— Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000.
+
+(j) Federal Share.— (1) In general.— Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.
+
+(2) Federal share for certain projects.— The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.
+
+(3) Use of other federal assistance.— Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.
+
+(k) Set Asides.— (1) Small projects.— The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000.
+
+(2) Appalachian development highway system.— The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.
+
+(3) Rural roadway lane departures.— The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.
+
+(4) Excess funding.— In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.
+
+(l) Congressional Review.— (1) Notification.— Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
+
+(A) a list of all applications determined to be eligible for a grant by the Secretary;
+
+(B) each application proposed to be selected for a grant, including a justification for the selection; and
+
+(C) proposed grant amounts.
+
+(2) Committee review.— Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary.
+
+(3) Congressional disapproval.— The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).
+
+(m) Transparency.— (1) In general.— Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1).
+
+(2) Briefing.— The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program.
+
+(n) Reports.— (1) Annual report.— The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year.
+
+(2) Comptroller general.— (A) Assessment.— The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year.
+
+(B) Report.— Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year—
+
+(i) the adequacy and fairness of the process by which each project was selected, if applicable; and
+
+(ii) the justification and criteria used for the selection of each project, if applicable.
+
+(o) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
+
+(Added Pub. L. 117–58, div. A, title I, § 11132(a), Nov. 15, 2021, 135 Stat. 510.)
+
+## Notes
+
+Editorial Notes
+
+References in TextExecutive Order 14008, referred to in subsec. (h)(3), is Ex. Ord. No. 14008, Jan. 27, 2021, 86 F.R. 7619, which is set out as a note under section 4321 of Title 42, The Public Health and Welfare.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-174.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 174"
+description: "State human capital plans"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "174"
+citation: "23 U.S.C. § 174"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s174"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "a5c9ba32b870296cabfdae4943694afaf2afa5b608119332cf201aace69fd08d"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "50a61584094b9f5b032dcdcc8c3f681e16c0e07beee5f1e996bab98d0e0af410"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 174 - State human capital plans
+
+## Text
+
+(a) In General.— Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a “human capital plan”, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.
+
+(b) Plan Contents.— (1) In general.— A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—
+
+(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State;
+
+(B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;
+
+(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;
+
+(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;
+
+(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;
+
+(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;
+
+(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;
+
+(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—
+
+(i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and
+
+(ii) to ensure that procurement methods provide the best public value;
+
+(I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and
+
+(J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.
+
+(2) Planning period.— If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.
+
+(c) Plan Updates.— If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.
+
+(d) Relationship to Long-range Plan.— (1) In general.— Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.
+
+(2) Effect of section.— Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.
+
+(e) Public Availability.— Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.
+
+(f) Savings Provision.— Nothing in this section prevents a State from carrying out transportation workforce planning—
+
+(1) not described in this section; or
+
+(2) not in accordance with this section.
+
+(Added Pub. L. 117–58, div. A, title I, § 11203(a), Nov. 15, 2021, 135 Stat. 519.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-175.md

@@ -0,0 +1,167 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 175"
+description: "Carbon reduction program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "175"
+citation: "23 U.S.C. § 175"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s175"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "64ebe24f918b59a681db5ada8644cd6987f2c33a23d3c819737d8c6560189af1"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "8d33ed10217707ad78d8b25f8361d7826a8f80776ce15e21604061ac1364bbdf"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 175 - Carbon reduction program
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Metropolitan planning organization; urbanized area.— The terms “metropolitan planning organization” and “urbanized area” have the meaning given those terms in section 134(b).
+
+(2) Transportation emissions.— The term “transportation emissions” means carbon dioxide emissions from on-road highway sources of those emissions within a State.
+
+(3) Transportation management area.— The term “transportation management area” means a transportation management area identified or designated by the Secretary under section 134(k)(1).
+
+(b) Establishment.— The Secretary shall establish a carbon reduction program to reduce transportation emissions.
+
+(c) Eligible Projects.— (1) In general.— Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including—
+
+(A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems;
+
+(B) a public transportation project that is eligible for assistance under section 142;
+
+(C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation;
+
+(D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies;
+
+(E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology;
+
+(F) a project to replace street lighting and traffic control devices with energy-efficient alternatives;
+
+(G) the development of a carbon reduction strategy in accordance with subsection (d);
+
+(H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs;
+
+(I) efforts to reduce the environmental and community impacts of freight movement;
+
+(J) a project to support deployment of alternative fuel vehicles, including—
+
+(i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and
+
+(ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities;
+
+(K) a project described in section 149(b)(8) for a diesel engine retrofit;
+
+(L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and
+
+(M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification.
+
+(2) Flexibility.— In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions—
+
+(A) as estimated on a per capita basis; and
+
+(B) as estimated on a per unit of economic output basis.
+
+(d) Carbon Reduction Strategy.— (1) In general.— Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection.
+
+(2) Requirements.— The carbon reduction strategy of a State developed under paragraph (1) shall—
+
+(A) support efforts to reduce transportation emissions;
+
+(B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options—
+
+(i) to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any;
+
+(ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and
+
+(iii) to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches;
+
+(C) support the reduction of transportation emissions of the State;
+
+(D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and
+
+(E) be appropriate to the population density and context of the State, including any metropolitan planning organization designated within the State.
+
+(3) Updates.— The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years.
+
+(4) Review.— Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall—
+
+(A) review the process used to develop the carbon reduction strategy; and
+
+(B) (i) certify that the carbon reduction strategy meets the requirements of paragraph (2); or
+
+(ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy.
+
+(5) Technical assistance.— At the request of a State, the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1).
+
+(e) Suballocation.— (1) In general.— For each fiscal year, of the funds apportioned to the State under section 104(b)(7)—
+
+(A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State—
+
+(i) in urbanized areas of the State with an urbanized area population of more than 200,000;
+
+(ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000;
+
+(iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and
+
+(iv) in other areas of the State with a population of less than 5,000; and
+
+(B) the remainder may be obligated in any area of the State.
+
+(2) Metropolitan areas.— Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
+
+(3) Distribution among urbanized areas of over 50,000 population.— (A) In general.— Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas.
+
+(B) Other factors.— The State may obligate the funds described in subparagraph (A) based on other factors if—
+
+(i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and
+
+(ii) the Secretary grants the request.
+
+(4) Coordination in urbanized areas.— Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project.
+
+(5) Consultation in rural areas.— Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project.
+
+(6) Obligation authority.— (A) In general.— A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
+
+(i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and
+
+(ii) the ratio that—
+
+(I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
+
+(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
+
+(B) Joint responsibility.— Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A).
+
+(f) Federal Share.— The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120.
+
+(g) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
+
+(Added Pub. L. 117–58, div. A, title I, § 11403(a), Nov. 15, 2021, 135 Stat. 555.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the FAST Act, referred to in subsec. (c)(1)(C), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (d)(1), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-176.md

@@ -0,0 +1,487 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 176"
+description: "Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "176"
+citation: "23 U.S.C. § 176"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s176"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "f70005d9dd95f45e613cc0825fdae5e1cc2def25294b6feeb5684a3710d1d7f4"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "ea76b7881ffbab822ce77ecc1c2d1845c6ab586e459596efd640438d613a03a0"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 176 - Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) Emergency event.— The term “emergency event” means a natural disaster or catastrophic failure resulting in—
+
+(A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or
+
+(B) an emergency or disaster declared by the President.
+
+(2) Evacuation route.— The term “evacuation route” means a transportation route or system that—
+
+(A) is owned, operated, or maintained by a Federal, State, Tribal, or local government;
+
+(B) is used—
+
+(i) to transport the public away from emergency events; or
+
+(ii) to transport emergency responders and recovery resources; and
+
+(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B).
+
+(3) Program.— The term “program” means the program established under subsection (b)(1).
+
+(4) Resilience improvement.— The term “resilience improvement” means the use of materials or structural or nonstructural techniques, including natural infrastructure—
+
+(A) that allow a project—
+
+(i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and
+
+(ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or
+
+(B) that—
+
+(i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or
+
+(ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters.
+
+(b) Establishment.— (1) In general.— The Secretary shall establish a program, to be known as the “Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program” or the “PROTECT program”.
+
+(2) Purpose.— The purpose of the program is to provide grants for resilience improvements through—
+
+(A) formula funding distributed to States to carry out subsection (c);
+
+(B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improvements and emergency response strategies to address those vulnerabilities; and
+
+(C) competitive resilience improvement grants to protect—
+
+(i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes;
+
+(ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that—
+
+(I) serve critical local, regional, and national needs, including evacuation routes; and
+
+(II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities;
+
+(iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and
+
+(iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems.
+
+(c) Eligible Activities for Apportioned Funding.— (1) In general.— Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4).
+
+(2) Planning set-aside.— Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3).
+
+(3) Requirements.— (A) Projects in certain areas.— If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall—
+
+(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and
+
+(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.
+
+(B) Eligibilities.— A State shall use funds apportioned to the State under section 104(b)(8) for—
+
+(i) a highway project eligible for assistance under this title;
+
+(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or
+
+(iii) a port facility, including a facility that—
+
+(I) connects a port to other modes of transportation;
+
+(II) improves the efficiency of evacuations and disaster relief; or
+
+(III) aids transportation.
+
+(C) System resilience.— A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as—
+
+(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;
+
+(ii) upgrades to and installation of culverts designed to withstand 100-year flood events;
+
+(iii) upgrades to and installation of tide gates to protect highways;
+
+(iv) upgrades to and installation of flood gates to protect tunnel entrances; and
+
+(v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastructure.
+
+(D) Federal cost share.— (i) In general.— Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost.
+
+(ii) Non-federal share.— A State may use Federal funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non-Federal cost share requirement for a project under this subsection.
+
+(E) Eligible project costs.— (i) In general.— Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of—
+
+(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
+
+(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.
+
+(ii) Eligible planning costs.— In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3).
+
+(F) Limitations.— A State—
+
+(i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and
+
+(ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I).
+
+(d) Competitive Awards.— (1) In general.— In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2).
+
+(2) Eligible entities.— Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following:
+
+(A) A State or political subdivision of a State.
+
+(B) A metropolitan planning organization.
+
+(C) A unit of local government.
+
+(D) A special purpose district or public authority with a transportation function, including a port authority.
+
+(E) An Indian tribe (as defined in section 207(m)(1)).
+
+(F) A Federal land management agency that applies jointly with a State or group of States.
+
+(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F).
+
+(3) Planning grants.— Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of—
+
+(A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2);
+
+(B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments;
+
+(C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or
+
+(D) evacuation planning and preparation.
+
+(4) Resilience grants.— (A) Resilience improvement grants.— (i) In general.— Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii).
+
+(ii) Eligible activities.— (I) In general.— An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters.
+
+(II) Inclusions.— An activity eligible to be carried out under this subparagraph includes—
+
+(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title;
+
+(bb) the incorporation of natural infrastructure;
+
+(cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration;
+
+(dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems;
+
+(ee) strengthening systems that remove rainwater from surface transportation facilities;
+
+(ff) upgrades to and installation of structural stormwater controls;
+
+(gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable;
+
+(hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas;
+
+(ii) stabilizing slide areas or slopes;
+
+(jj) installing riprap;
+
+(kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather;
+
+(ll) increasing the size or number of drainage structures;
+
+(mm) installing seismic retrofits on bridges;
+
+(nn) adding scour protection at bridges;
+
+(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;
+
+(pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and
+
+(qq) any other protective features, including natural infrastructure, as determined by the Secretary.
+
+(iii) Priority.— The Secretary shall prioritize a resilience improvement grant to an eligible entity if—
+
+(I) the Secretary determines—
+
+(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and
+
+(bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or
+
+(II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2).
+
+(B) Community resilience and evacuation route grants.— (i) In general.— Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii).
+
+(ii) Eligible activities.— An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that—
+
+(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route;
+
+(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides;
+
+(III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of—
+
+(aa) communications and intelligent transportation system equipment and infrastructure;
+
+(bb) counterflow measures; or
+
+(cc) shoulders;
+
+(IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources;
+
+(V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or
+
+(VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities.
+
+(iii) Priority.— The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account—
+
+(I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and
+
+(II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis.
+
+(iv) Consultation.— In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities.
+
+(C) At-risk coastal infrastructure grants.— (i) Definition of eligible entity.— In this subparagraph, the term “eligible entity” means any of the following:
+
+(I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
+
+(II) A political subdivision of a State described in subclause (I).
+
+(III) A metropolitan planning organization in a State described in subclause (I).
+
+(IV) A unit of local government in a State described in subclause (I).
+
+(V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I).
+
+(VI) An Indian tribe in a State described in subclause (I).
+
+(VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I).
+
+(VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII).
+
+(ii) Grants.— Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii).
+
+(iii) Eligible activities.— An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs.
+
+(iv) Criteria.— The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project—
+
+(I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and
+
+(II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs.
+
+(v) Coastal benefits.— In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide—
+
+(I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or
+
+(II) access to a designated evacuation route.
+
+(5) Grant requirements.— (A) Solicitations for grants.— In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4).
+
+(B) Applications.— (i) In general.— To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary.
+
+(ii) Projects in certain areas.— If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall—
+
+(I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and
+
+(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.
+
+(C) Eligibilities.— The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for—
+
+(i) a highway project eligible for assistance under this title;
+
+(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49;
+
+(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or
+
+(iv) a port facility, including a facility that—
+
+(I) connects a port to other modes of transportation;
+
+(II) improves the efficiency of evacuations and disaster relief; or
+
+(III) aids transportation.
+
+(D) System resilience.— A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as—
+
+(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;
+
+(ii) upgrades to and installing of culverts designed to withstand 100-year flood events;
+
+(iii) upgrades to and installation of tide gates to protect highways; and
+
+(iv) upgrades to and installation of flood gates to protect tunnel entrances.
+
+(E) Federal cost share.— (i) Planning grant.— The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent.
+
+(ii) Resilience grants.— (I) In general.— Except as provided in subclause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost.
+
+(II) Tribal projects.— On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent.
+
+(iii) Non-federal share.— The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection.
+
+(F) Eligible project costs.— (i) Resilience grant projects.— Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of—
+
+(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
+
+(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.
+
+(ii) Planning grants.— Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph.
+
+(G) Limitations.— (i) In general.— An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)—
+
+(I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and
+
+(II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I).
+
+(ii) Limit on certain activities.— For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii).
+
+(H) Distribution of grants.— (i) In general.— Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary.
+
+(ii) Rural set-aside.— Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000.
+
+(iii) Tribal set-aside.— Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)).
+
+(iv) Reallocation.— For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection.
+
+(6) Consultation.— In carrying out this subsection, the Secretary shall—
+
+(A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and
+
+(B) solicit technical support from the Administrator of the Federal Emergency Management Agency.
+
+(7) Grant administration.— The Secretary may—
+
+(A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and
+
+(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection.
+
+(e) Resilience Improvement Plan and Lower Non-Federal Share.— (1) Federal share reductions.— (A) In general.— A State that receives funds apportioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph.
+
+(B) Amount of reductions.— (i) Resilience improvement plan.— Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if—
+
+(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has—
+
+(aa) developed a resilience improvement plan in accordance with this subsection; and
+
+(bb) prioritized the project on that resilience improvement plan; and
+
+(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has—
+
+(aa) developed a resilience improvement plan in accordance with this subsection; and
+
+(bb) prioritized the project on that resilience improvement plan.
+
+(ii) Incorporation of resilience improvement plan in other planning.— Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if—
+
+(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and
+
+(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable.
+
+(iii) Limitations.— (I) Maximum reduction.— A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d).
+
+(II) No negative non-federal share.— A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero.
+
+(2) Plan contents.— A resilience improvement plan referred to in paragraph (1)—
+
+(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable;
+
+(B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);
+
+(C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes;
+
+(D) may—
+
+(i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles;
+
+(ii) plan for response to anticipated emergencies, including plans for the mobility of—
+
+(I) emergency response personnel and equipment; and
+
+(II) access to emergency services, including for vulnerable or disadvantaged populations;
+
+(iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience;
+
+(iv) include an investment plan that—
+
+(I) includes a list of priority projects; and
+
+(II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and
+
+(v) use science and data and indicate the source of data and methodologies; and
+
+(E) shall, as appropriate—
+
+(i) include a description of how the plan will improve the ability of the State or metropolitan planning organization—
+
+(I) to respond promptly to the impacts of weather events and natural disasters; and
+
+(II) to be prepared for changing conditions, such as sea level rise and increased flood risk;
+
+(ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan;
+
+(iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States;
+
+(iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure;
+
+(v) use a long-term planning period; and
+
+(vi) include such other information as the State or metropolitan planning organization considers appropriate.
+
+(3) No new planning requirements.— Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State.
+
+(f) Monitoring.— (1) In general.— Not later than 18 months after the date of enactment of this section, the Secretary shall—
+
+(A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d)—
+
+(i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and
+
+(ii) procedures for monitoring and evaluating projects based on those metrics; and
+
+(B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A).
+
+(2) Notice.— Before adopting any metrics described in paragraph (1), the Secretary shall—
+
+(A) publish the proposed metrics in the Federal Register; and
+
+(B) provide to the public an opportunity for comment on the proposed metrics.
+
+(g) Reports.— (1) Reports from eligible entities.— Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds awarded.
+
+(2) Reports to congress.— (A) Annual reports.— The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including—
+
+(i) each project for which a grant was provided under subsection (d);
+
+(ii) information relating to project applications received;
+
+(iii) the manner in which the consultation requirements were implemented under subsection (d);
+
+(iv) recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate;
+
+(v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and
+
+(vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events.
+
+(B) Final report.— Not later than 5 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A).
+
+(h) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
+
+(Added Pub. L. 117–58, div. A, title I, § 11405(a), Nov. 15, 2021, 135 Stat. 561.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of this section and the date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsecs. (f)(1) and (g)(2)(B), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-1/section-177.md

@@ -0,0 +1,127 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 177"
+description: "Neighborhood access and equity grant program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "177"
+citation: "23 U.S.C. § 177"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s177"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "12e97fe79c33a58553f33ed7b43a6e828530d9edf2fbe7759028e730a6a60a19"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "8980454809eef6e49478feb8247df921fb2d202a1ee98dc1723a56cd17b84de8"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 177 - Neighborhood access and equity grant program
+
+## Text
+
+(a) In General.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,893,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for competitive grants to eligible entities described in subsection (b)—
+
+(1) to improve walkability, safety, and affordable transportation access through projects that are context-sensitive—
+
+(A) to remove, remediate, or reuse a facility described in subsection (c)(1);
+
+(B) to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed;
+
+(C) to retrofit or cap a facility described in subsection (c)(1);
+
+(D) to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; or
+
+(E) to provide affordable access to essential destinations, public spaces, or transportation links and hubs;
+
+(2) to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community through—
+
+(A) noise barriers to reduce impacts resulting from a facility described in subsection (c)(2);
+
+(B) technologies, infrastructure, and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution;
+
+(C) natural infrastructure, pervious, permeable, or porous pavement, or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2);
+
+(D) infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities; or
+
+(E) safety improvements for vulnerable road users; and
+
+(3) for planning and capacity building activities in disadvantaged or underserved communities to—
+
+(A) identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone transportation infrastructure;
+
+(B) assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements;
+
+(C) conduct predevelopment activities for projects eligible under this subsection;
+
+(D) expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or
+
+(E) administer or obtain technical assistance related to activities described in this subsection.
+
+(b) Eligible Entities Described.— An eligible entity referred to in subsection (a) is—
+
+(1) a State;
+
+(2) a unit of local government;
+
+(3) a political subdivision of a State;
+
+(4) an entity described in section 207(m)(1)(E);
+
+(5) a territory of the United States;
+
+(6) a special purpose district or public authority with a transportation function;
+
+(7) a metropolitan planning organization (as defined in section 134(b)(2)); or
+
+(8) with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs (1) through (7), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs (1) through (7).
+
+(c) Facility Described.— A facility referred to in subsection (a) is—
+
+(1) a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or
+
+(2) a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community.
+
+(d) Investment in Economically Disadvantaged Communities.— (1) In general.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,262,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration to provide grants for projects in communities described in paragraph (2) for the same purposes and administered in the same manner as described in subsection (a).
+
+(2) Communities described.— A community referred to in paragraph (1) is a community that—
+
+(A) is economically disadvantaged, underserved, or located in an area of persistent poverty;
+
+(B) has entered or will enter into a community benefits agreement with representatives of the community;
+
+(C) has an anti-displacement policy, a community land trust, or a community advisory board in effect; or
+
+(D) has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section.
+
+(e) Administration.— (1) In general.— A project carried out under subsection (a) or (d) shall be treated as a project on a Federal-aid highway.
+
+(2) Compliance with existing requirements.— Funds made available for a grant under this section and administered by or through a State department of transportation shall be expended in compliance with the U.S. Department of Transportation’s Disadvantaged Business Enterprise Program.
+
+(f) Cost Share.— The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent.
+
+(g) Technical Assistance.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for—
+
+(1) guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government;
+
+(2) subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects; and
+
+(3) operations and administration of the Federal Highway Administration.
+
+(h) Limitations.— Amounts made available under this section shall not—
+
+(1) be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and
+
+(2) be used for a project for additional through travel lanes for single-occupant passenger vehicles.
+
+(Added Pub. L. 117–169, title VI, § 60501(a), Aug. 16, 2022, 136 Stat. 2080.)

legal/us/code/title-23/chapter-1/section-178.md

@@ -0,0 +1,83 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 178"
+description: "Environmental review implementation funds"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "178"
+citation: "23 U.S.C. § 178"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s178"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "39a569d19a45ef7c56915aaa7f6eed610f617dabc7b79f2ab3eebb31f600761b"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "1a848ec527dbe7bbd39165c670616ddb72b6ea599d576ae7fb1b8a4492b601dd"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 178 - Environmental review implementation funds
+
+## Text
+
+(a) Establishment.— In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through—
+
+(1) the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and
+
+(2) providing funds made available under this subsection to eligible entities—
+
+(A) to build capacity of such eligible entities to conduct environmental review processes;
+
+(B) to facilitate the environmental review process for proposed projects by—
+
+(i) defining the scope or study areas;
+
+(ii) identifying impacts, mitigation measures, and reasonable alternatives;
+
+(iii) preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations;
+
+(iv) conducting public engagement activities; and
+
+(v) carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and
+
+(C) for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B).
+
+(b) Cost Share.— (1) In general.— The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent.
+
+(2) Source of funds.— The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program.
+
+(c) Definitions.— In this section:
+
+(1) Administrator.— The term “Administrator” means the Administrator of the Federal Highway Administration.
+
+(2) Eligible entity.— The term “eligible entity” means—
+
+(A) a State;
+
+(B) a unit of local government;
+
+(C) a political subdivision of a State;
+
+(D) a territory of the United States;
+
+(E) an entity described in section 207(m)(1)(E);
+
+(F) a recipient of funds under section 203; or
+
+(G) a metropolitan planning organization (as defined in section 134(b)(2)).
+
+(3) Environmental review process.— The term “environmental review process” has the meaning given the term in section 139(a)(5).
+
+(4) Proposed project.— The term “proposed project” means a surface transportation project for which an environmental review process is required.
+
+(Added Pub. L. 117–169, title VI, § 60505(a), Aug. 16, 2022, 136 Stat. 2083.)

legal/us/code/title-23/chapter-1/section-179.md

@@ -0,0 +1,87 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 179"
+description: "Low-carbon transportation materials grants"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "179"
+citation: "23 U.S.C. § 179"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s179"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "0b0516fa4c91c25085ee821b753d4b599d69da971c240115a4e432ad5edb1676"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "75c767554256c461882a4050564d59a89d6a9dcf99ffb5477e1df0b519a31e74"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 179 - Low-carbon transportation materials grants
+
+## Text
+
+(a) Federal Highway Administration Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026, to the Administrator to reimburse or provide incentives to eligible recipients for the use, in projects, of construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, and for the operations and administration of the Federal Highway Administration to carry out this section.
+
+(b) Reimbursement of Incremental Costs; Incentives.— (1) In general.— The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title.
+
+(2) Reimbursement and incentive amounts.— (A) Incremental amount.— The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator.
+
+(B) Incentive amount.— The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title.
+
+(3) Federal share.— If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent.
+
+(4) Limitations.— (A) In general.— The Administrator shall only provide a reimbursement or incentive under paragraph (1) for a project on a—
+
+(i) Federal-aid highway;
+
+(ii) tribal transportation facility;
+
+(iii) Federal lands transportation facility; or
+
+(iv) Federal lands access transportation facility.
+
+(B) Other restrictions.— Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways.
+
+(C) Single occupant passenger vehicles.— Funds made available under this section shall not be used for projects that result in additional through travel lanes for single occupant passenger vehicles.
+
+(5) Materials identification.— The Administrator shall review the low-embodied carbon construction materials and products identified by the Administrator of the Environmental Protection Agency and shall identify low-embodied carbon construction materials and products—
+
+(A) appropriate for use in projects eligible under this title; and
+
+(B) eligible for reimbursement or incentives under this section.
+
+(c) Definitions.— In this section:
+
+(1) Administrator.— The term “Administrator” means the Administrator of the Federal Highway Administration.
+
+(2) Eligible recipient.— The term “eligible recipient” means—
+
+(A) a State;
+
+(B) a unit of local government;
+
+(C) a political subdivision of a State;
+
+(D) a territory of the United States;
+
+(E) an entity described in section 207(m)(1)(E);
+
+(F) a recipient of funds under section 203;
+
+(G) a metropolitan planning organization (as defined in section 134(b)(2)); or
+
+(H) a special purpose district or public authority with a transportation function.
+
+(3) Greenhouse gas.— The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
+
+(Added Pub. L. 117–169, title VI, § 60506(a), Aug. 16, 2022, 136 Stat. 2085.)

legal/us/code/title-23/chapter-1/section-181-to-190.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 181 to 190"
+description: "Renumbered §§ 601 to 610]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "1"
+chapter_name: "FEDERAL-AID HIGHWAYS"
+section: "181 to 190"
+citation: "23 U.S.C. § 181 to 190"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s181...190"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "73ede47dd83f4a3ee6744b29187211c740462b621a8d3d835c46f359c1b25081"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "45704ff559204aaff1ae2b76532031464f5bb086600635a525fa3bd456779c23"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 181 to 190 - Renumbered §§ 601 to 610]
+
+## Notes
+
+Editorial Notes
+
+Codification Subchapter II heading “INFRASTRUCTURE FINANCE” was struck out and sections 181 to 190, which comprised subchapter II of this chapter, were renumbered sections 601 to 610, respectively, and transferred to follow the analysis of chapter 6 of this title, by Pub. L. 109–59, title I, § 1602(b)(6)(B), (d), Aug. 10, 2005, 119 Stat. 1247, as amended by Pub. L. 110–244, title I, § 101(f), June 6, 2008, 122 Stat. 1574.

legal/us/code/title-23/chapter-2/section-201.md

@@ -0,0 +1,181 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 201"
+description: "Federal lands and tribal transportation programs"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "201"
+citation: "23 U.S.C. § 201"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s201"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "5b1de634453a93c7ecdd4ccc3880ba3ae3c046f65f17b1f6c80357f85e905b6e"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "6804d385e780bfd98cf1a51f6c27000bf25f5c40c283fe6fe7bc2e8d5c605787"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 201 - Federal lands and tribal transportation programs
+
+## Text
+
+(a) Purpose.— Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
+
+(b) Availability of Funds.— (1) Availability.— Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
+
+(2) Amount remaining.— Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
+
+(3) Obligations.— The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
+
+(4) Expenditure.— (A) In general.— Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.
+
+(B) Credited funds.— Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—
+
+(i) credited to the balance of unobligated authorizations; and
+
+(ii) immediately available for expenditure.
+
+(5) Applicability.— This section shall not apply to funds authorized before the date of enactment of this paragraph.
+
+(6) Contractual obligation.— (A) In general.— Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—
+
+(i) any project funded under this title; and
+
+(ii) any project funded pursuant to agreements authorized by this title or any other title.
+
+(B) Effect.— Nothing in this paragraph—
+
+(i) affects the application of the Federal share associated with the project being undertaken under this section; or
+
+(ii) modifies the point of obligation associated with Federal salaries and expenses.
+
+(7) Federal share.— (A) Tribal and federal lands transportation program.— The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.
+
+(B) Federal lands access program.— The Federal share of the cost of a project carried out under the Federal lands access program shall be be 11 So in original. up to 100 percent.
+
+(c) Transportation Planning.— (1) Transportation planning procedures.— In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.
+
+(2) Approval of transportation improvement program.— The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.
+
+(3) Inclusion in other plans.— Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—
+
+(A) developed in cooperation with State and metropolitan planning organizations; and
+
+(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs.
+
+(4) Inclusion in state programs.— The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.
+
+(5) Asset management.— The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.
+
+(6) Data collection.— (A) Data collection.— (i) In general.— The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program.
+
+(ii) Requirement.— Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
+
+(iii) Inclusions.— Data collected under this paragraph includes—
+
+(I) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and
+
+(II) bridge inspection and inventory information on any Federal bridge open to the public.
+
+(B) Standards.— The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.
+
+(C) Tribal data collection.— In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:
+
+(i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.
+
+(ii) A description of the projects and activities identified under clause (i).
+
+(iii) The current status of the projects and activities identified under clause (i).
+
+(iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).
+
+(7) Cooperative research and technology deployment.— The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.
+
+(8) Funding.— (A) In general.— To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 20 percent of the funds authorized for programs under sections 203 and 204.
+
+(B) Other activities.— In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—
+
+(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and
+
+(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.
+
+(d) Reimbursable Agreements.— In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—
+
+(1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and
+
+(2) shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment.
+
+(e) Transfers.— (1) In general.— To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—
+
+(A) the Secretary;
+
+(B) the affected Secretaries of the respective Federal land management agencies;
+
+(C) State departments of transportation; and
+
+(D) local government agencies.
+
+(2) Credit.— The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit.
+
+(f) Alternative Contracting Methods.— (1) In general.— Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—
+
+(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308;
+
+(B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or
+
+(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D).
+
+(2) Methods described.— The contracting methods referred to in paragraph (1) shall include, at a minimum—
+
+(A) project bundling;
+
+(B) bridge bundling;
+
+(C) design-build contracting;
+
+(D) 2-phase contracting;
+
+(E) long-term concession agreements; and
+
+(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
+
+(3) Effect.— Nothing in this subsection—
+
+(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or
+
+(B) modifies the point of obligation of Federal salaries and expenses.
+
+(Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473; amended Pub. L. 114–94, div. A, title I, §§ 1117(a), 1120, Dec. 4, 2015, 129 Stat. 1356, 1358; Pub. L. 117–58, div. A, title I, §§ 11113(a), 11305(a), 11525(l), Nov. 15, 2021, 135 Stat. 479, 531, 607.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012. The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
+
+Prior ProvisionsA prior section 201, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97–424, title I, § 126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105–178, title I, § 1115(e)(1), June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
+
+Amendments2021—Subsec. (b)(7)(B). Pub. L. 117–58, § 11113(a)(1), substituted “be up to 100 percent” for “determined in accordance with section 120”. Subsec. (c)(6)(A)(ii). Pub. L. 117–58, § 11525(l), substituted “(25 U.S.C. 5301 et seq.)” for “(25 U.S.C. 450 et seq.)”. Subsec. (c)(8)(A). Pub. L. 117–58, § 11113(a)(2), substituted “20 percent” for “5 percent”. Subsec. (f). Pub. L. 117–58, § 11305(a), added subsec. (f). 2015—Subsec. (c)(6)(A). Pub. L. 114–94, § 1120(1), inserted cl. (i) designation and heading, substituted period for “in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—”, added cl. (ii) and introductory provisions of cl. (iii), redesignated former cls. (i) and (ii). as subcls. (I) and (II) of cl. (iii), respectively, and realigned margins. Subsec. (c)(6)(C). Pub. L. 114–94, § 1117(a), added subpar. (C). Subsec. (c)(7), (8). Pub. L. 114–94, § 1120(2), added pars. (7) and (8) and struck out former par. (7). Prior to amendment, text of par. (7) read as follows: “To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection 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.
+
+Use of Alternative Contracting MethodsPub. L. 117–58, div. A, title I, § 11305(c), Nov. 15, 2021, 135 Stat. 532, provided that: “In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary [of Transportation] shall— “(1) in consultation with the applicable Federal land management agencies, establish clear procedures that are—“(A) applicable to the alternative contracting method; and “(B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; “(2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and “(3) analyze and prepare an evaluation of the use of the alternative contracting method.”
+
+Nationally Significant Federal Lands and Tribal Projects ProgramPub. L. 114–94, div. A, title I, § 1123, Dec. 4, 2015, 129 Stat. 1370, as amended by Pub. L. 117–58, div. A, title I, § 11127, Nov. 15, 2021, 135 Stat. 507, provided that: “(a) Purpose.—The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects. “(b) Eligible Applicants.—“(1) In general.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program. “(2) Special rule.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe. “(c) Eligible Projects.—An eligible project under the program shall be a single continuous project—“(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title; “(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—“(A) a record of decision with respect to the project; “(B) a finding that the project has no significant impact; or “(C) a determination that the project is categorically excluded; and “(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000. “(d) Eligible Activities.—“(1) In general.—Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities. “(2) Ineligible activities.—An eligible applicant may not use funds received under the program for activities relating to project design. “(e) Applications.—Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require. “(f) Selection Criteria.—In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—“(1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety; “(2) improves the condition of critical transportation facilities, including multimodal facilities; “(3) needs construction, reconstruction, or rehabilitation; “(4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches; “(5) is included in or eligible for inclusion in the National Register of Historic Places; “(6) uses new technologies and innovations that enhance the efficiency of the project; “(7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility; “(8) spans 2 or more States; and “(9) serves land owned by multiple Federal agencies or Indian tribes. “(g) Cost Share.—“(1) Federal share.—“(A) In general.—Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent. “(B) Tribal projects.—In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent. “(2) Non-federal share.—Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section. “(h) Use of Funds.—“(1) In general.—For each fiscal year, of the amounts made available to carry out this section—“(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and “(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). “(2) Requirement.—Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. “(3) Availability.—Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”

legal/us/code/title-23/chapter-2/section-203.md

@@ -0,0 +1,201 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 203"
+description: "Federal lands transportation program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "203"
+citation: "23 U.S.C. § 203"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s203"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9900adecb2504fd91279548daf9105669616cc804dbec989e926264fc73ea6b4"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "498fc6894be3e2d4bfb9516ff3ce3bff3278194a301f5e3385c8e603a2fee70c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 203 - Federal lands transportation program
+
+## Text
+
+(a) Use of Funds.— (1) In general.— Funds made available under the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of—
+
+(A) program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—
+
+(i) adjacent vehicular parking areas;
+
+(ii) acquisition of necessary scenic easements and scenic or historic sites;
+
+(iii) provision for pedestrians and bicycles;
+
+(iv) environmental mitigation in or adjacent to Federal land open to the public—
+
+(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and
+
+(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
+
+(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
+
+(vi) congestion mitigation; and
+
+(vii) other appropriate public road facilities, as determined by the Secretary;
+
+(B) capital, operations, and maintenance of transit facilities;
+
+(C) any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and
+
+(D) not more $20,000,000 11 So in original. of the amounts made available per fiscal year to carry out this section for activities eligible under subparagraph (A)(iv)(I).
+
+(2) Contract.— In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
+
+(A) a State (including a political subdivision of a State); or
+
+(B) an Indian tribe.
+
+(3) Administration.— All appropriations for the construction and improvement of Federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency.
+
+(4) Cooperation.— (A) In general.— The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
+
+(B) Funds received.— Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed.
+
+(5) Competitive bidding.— (A) In general.— Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
+
+(B) Exception.— Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
+
+(6) Native plant materials.— In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable—
+
+(A) the use of locally adapted native plant materials; and
+
+(B) designs that minimize runoff and heat generation.
+
+(b) Agency Program Distributions.— (1) In general.— On October 1, 2011, and on October 1 of each fiscal year thereafter, the Secretary shall allocate the sums authorized to be appropriated for the fiscal year for the Federal lands transportation program on the basis of applications of need, as determined by the Secretary—
+
+(A) in consultation with the Secretaries of the applicable Federal land management agencies; and
+
+(B) in coordination with the transportation plans required under section 201 of the respective transportation systems of—
+
+(i) the National Park Service;
+
+(ii) the Forest Service;
+
+(iii) the United States Fish and Wildlife Service;
+
+(iv) the Corps of Engineers;
+
+(v) the Bureau of Land Management;
+
+(vi) the Bureau of Reclamation; and
+
+(vii) independent Federal agencies with natural resource and land management responsibilities.
+
+(2) Applications.— (A) Requirements.— Each application submitted by a Federal land management agency shall include proposed programs at various potential funding levels, as defined by the Secretary following collaborative discussions with applicable Federal land management agencies.
+
+(B) Consideration by secretary.— In evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support performance management, including—
+
+(i) the transportation goals of—
+
+(I) a state of good repair of transportation facilities;
+
+(II) a reduction of bridge deficiencies; and
+
+(III) an improvement of safety;
+
+(ii) high-use Federal recreational sites or Federal economic generators; and
+
+(iii) the resource and asset management goals of the Secretary of the respective Federal land management agency.
+
+(C) Permissive contents.— Applications may include proposed programs the duration of which extend over a multiple-year period to support long-term transportation planning and resource management initiatives.
+
+(c) National Federal Lands Transportation Facility Inventory.— (1) In general.— The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Federal lands transportation facilities.
+
+(2) Transportation facilities included in the inventories.— To identify the Federal lands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that—
+
+(A) provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and
+
+(B) are owned by 1 of the following agencies:
+
+(i) The National Park Service.
+
+(ii) The Forest Service.
+
+(iii) The United States Fish and Wildlife Service.
+
+(iv) The Bureau of Land Management.
+
+(v) The Corps of Engineers.
+
+(vi) The Bureau of Reclamation.
+
+(3) Availability.— The inventories shall be made available to the Secretary.
+
+(4) Updates.— The Secretaries of the appropriate Federal land management agencies shall update the inventories of the appropriate Federal land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies.
+
+(5) Review.— A decision to add or remove a facility from the inventory shall not be considered a Federal action for purposes of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
+
+(d) Bicycle Safety.— The Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher.
+
+(e) Efficient Implementation of NEPA.— (1) Definitions.— In this subsection:
+
+(A) Environmental document.— The term “environmental document” means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
+
+(B) Project.— The term “project” means a highway project, public transportation capital project, or multimodal project that—
+
+(i) receives funds under this title; and
+
+(ii) is authorized under this section or section 204.
+
+(C) Project sponsor.— The term “project sponsor” means the Federal land management agency that seeks or receives funds under this title for a project.
+
+(2) Environmental review to be completed by federal highway administration.— The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
+
+(A) requested by a project sponsor; and
+
+(B) all areas of analysis required by the project sponsor can be addressed.
+
+(3) Federal land management agencies adoption of existing environmental review documents.— (A) In general.— To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency.
+
+(B) Independent evaluation.— Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2).
+
+(C) Use of same document.— In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency.
+
+(4) Application by federal land management agencies of categorical exclusions established by federal highway administration.— In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that—
+
+(A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project;
+
+(B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
+
+(C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions.
+
+(5) Mitigation commitments.— The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection.
+
+(Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 486; amended Pub. L. 114–94, div. A, title I, § 1119, Dec. 4, 2015, 129 Stat. 1358; Pub. L. 117–58, div. A, title I, §§ 11112, 11311, Nov. 15, 2021, 135 Stat. 479, 536.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (c)(5) and (e), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
+
+Prior ProvisionsA prior section 203, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 86–657, § 8(b), July 14, 1960, 74 Stat. 524; Pub. L. 87–866, § 7, Oct. 23, 1962, 76 Stat. 1147; Pub. L. 94–280, title I, § 117(b), May 5, 1976, 90 Stat. 437; Pub. L. 97–424, title I, § 126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 102–240, title I, § 1032(f), Dec. 18, 1991, 105 Stat. 1975; Pub. L. 105–178, title I, § 1115(c), (e)(3), June 9, 1998, 112 Stat. 156, 158, related to availability of funds, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
+
+Amendments2021—Subsec. (a)(1)(D). Pub. L. 117–58, § 11112(1), substituted “$20,000,000” for “$10,000,000”. Subsec. (a)(6). Pub. L. 117–58, § 11112(2), added par. (6). Subsec. (e). Pub. L. 117–58, § 11311, added subsec. (e). 2015—Subsec. (a)(1)(B). Pub. L. 114–94, § 1119(1)(A), substituted “capital, operations,” for “operation”. Subsec. (a)(1)(D). Pub. L. 114–94, § 1119(1)(B), substituted “subparagraph (A)(iv)(I)” for “subparagraph (A)(iv)”. Subsec. (b)(1)(B)(vi), (vii). Pub. L. 114–94, § 1119(2)(A), added cls. (vi) and (vii). Subsec. (b)(2)(B). Pub. L. 114–94, § 1119(2)(B)(i), inserted “performance management, including” after “support” in introductory provisions. Subsec. (b)(2)(B)(i)(II). Pub. L. 114–94, § 1119(2)(B)(ii), substituted “; and” for “, and”. Subsec. (c)(2)(B)(vi). Pub. L. 114–94, § 1119(3), added cl. (vi).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection 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.

legal/us/code/title-23/chapter-2/section-204.md

@@ -0,0 +1,173 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 204"
+description: "Federal lands access program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "204"
+citation: "23 U.S.C. § 204"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s204"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "4a5912bc9f727ffac5d0080acf2258427c59172d63d97f4ff218f9fa7ab9d6b4"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "2890699f3d0cc9a3107edc32185298f10fa4c1c2112571664269964452ecb43d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 204 - Federal lands access program
+
+## Text
+
+(a) Use of Funds.— (1) In general.— Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
+
+(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
+
+(i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
+
+(ii) acquisition of necessary scenic easements and scenic or historic sites;
+
+(iii) provisions for pedestrians and bicycles;
+
+(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
+
+(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
+
+(vi) contextual wayfinding markers;
+
+(vii) landscaping;
+
+(viii) cooperative mitigation of visual blight, including screening or removal; and
+
+(ix) other appropriate public road facilities, as determined by the Secretary;
+
+(B) operation and maintenance of transit facilities; and
+
+(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
+
+(2) Contract.— In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
+
+(A) a State (including a political subdivision of a State); or
+
+(B) an Indian tribe.
+
+(3) Administration.— All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.
+
+(4) Cooperation.— (A) In general.— The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
+
+(B) Funds received.— Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.
+
+(5) Competitive bidding.— (A) In general.— Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
+
+(B) Exception.— Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
+
+(6) Native plant materials.— In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—
+
+(A) the use of locally adapted native plant materials; and
+
+(B) designs that minimize runoff and heat generation.
+
+(b) Program Distributions.— (1) In general.— Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:
+
+(A) 80 percent of the available funding for use in those States that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
+
+(i) 30 percent in the ratio that—
+
+(I) recreational visitation within each such State; bears to
+
+(II) the recreational visitation within all such States.
+
+(ii) 5 percent in the ratio that—
+
+(I) the Federal land area within each such State; bears to
+
+(II) the Federal land area in all such States.
+
+(iii) 55 percent in the ratio that—
+
+(I) the Federal public road miles within each such State; bears to
+
+(II) the Federal public road miles in all such States.
+
+(iv) 10 percent in the ratio that—
+
+(I) the number of Federal public bridges within each such State; bears to
+
+(II) the number of Federal public bridges in all such States.
+
+(B) 20 percent of the available funding for use in those States that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
+
+(i) 30 percent in the ratio that—
+
+(I) recreational visitation within each such State; bears to
+
+(II) the recreational visitation within all such States.
+
+(ii) 5 percent in the ratio that—
+
+(I) the Federal land area within each such State; bears to
+
+(II) the Federal land area in all such States.
+
+(iii) 55 percent in the ratio that—
+
+(I) the Federal public road miles within each such State; bears to
+
+(II) the Federal public road miles in all such States.
+
+(iv) 10 percent in the ratio that—
+
+(I) the number of Federal public bridges within each such State; bears to
+
+(II) the number of Federal public bridges in all such States.
+
+(2) Data source.— Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:
+
+(A) The National Park Service.
+
+(B) The Forest Service.
+
+(C) The United States Fish and Wildlife Service.
+
+(D) The Bureau of Land Management.
+
+(E) The Corps of Engineers.
+
+(c) Programming Decisions Committee.— (1) In general.— Programming decisions shall be made within each State by a committee comprised of—
+
+(A) a representative of the Federal Highway Administration;
+
+(B) a representative of the State Department of Transportation; and
+
+(C) a representative of any appropriate political subdivision of the State.
+
+(2) Consultation requirement.— The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision.
+
+(3) Project preference.— In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.
+
+(Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 489; amended Pub. L. 117–58, div. A, title I, § 11113(b), Nov. 15, 2021, 135 Stat. 479.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 204, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97–424, title I, § 126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100–17, title I, § 133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–240, title I, §§ 1030, 1032(b), title VI, § 6004(c), Dec. 18, 1991, 105 Stat. 1970, 1974, 2169; Pub. L. 105–178, title I, § 1115(d), (e)(4), title V, § 5119(a), June 9, 1998, 112 Stat. 156, 158, 452; Pub. L. 109–59, title I, § 1119(h)–(k), Aug. 10, 2005, 119 Stat. 1187–1189, related to Federal lands highways program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
+
+Amendments2021—Subsec. (a)(1)(A). Pub. L. 117–58, § 11113(b)(1)(A), inserted “context-sensitive solutions,” after “restoration,” in introductory provisions. Subsec. (a)(1)(A)(i). Pub. L. 117–58, § 11113(b)(1)(B), inserted “, including interpretive panels in or adjacent to those areas” after “areas”. Subsec. (a)(1)(A)(vi) to (ix). Pub. L. 117–58, § 11113(b)(1)(C)–(E), added cls. (vi) to (viii) and redesignated former cl. (vi) as (ix). Subsec. (a)(6). Pub. L. 117–58, § 11113(b)(2), added par. (6).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 DateSection 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.

legal/us/code/title-23/chapter-2/section-205.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 205"
+description: "Forest development roads and trails"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "205"
+citation: "23 U.S.C. § 205"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s205"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9b6f07cc1ae905cc0021e1b2cc9f4ce4a8bb00f56d71d032c045fef6480c5da2"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "fd89329be96e704724f3725bfd20117cfe4a185cee4c7a9a03efa4f65ea167de"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 205 - Forest development roads and trails
+
+## Text
+
+(a) Funds available for forest development roads and trails shall be used by the Secretary of Agriculture to pay for the costs of construction and maintenance thereof, including roads and trails on experimental and other areas under Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with a State or civil subdivision thereof, and issue such regulations as he deems advisable.
+
+(b) Cooperation of States, counties, or other local subdivisions may be accepted but shall not be required by the Secretary of Agriculture.
+
+(c) Construction estimated to cost $50,000 or more per mile or $50,000 or more per project for projects with a length of less than one mile, exclusive of bridges and engineering, shall be advertised and let to contract. If such estimated cost is less than $50,000 per mile or $50,000 per project for projects with a length of less than one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account.
+
+(d) Funds available for forest development roads and trails shall be available for adjacent vehicular parking areas, which may include electric vehicle charging stations or natural gas vehicle refueling stations, and for sanitary, water, and fire control facilities.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 86–657, § 8(c), July 14, 1960, 74 Stat. 524; Pub. L. 88–423, § 4(d), Aug. 13, 1964, 78 Stat. 398; Pub. L. 90–495, § 9, Aug. 23, 1968, 82 Stat. 820; Pub. L. 102–240, title I, § 1032(c), Dec. 18, 1991, 105 Stat. 1975; Pub. L. 112–141, div. A, title I, § 1513(c), July 6, 2012, 126 Stat. 572.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2012—Subsec. (d). Pub. L. 112–141 inserted “, which may include electric vehicle charging stations or natural gas vehicle refueling stations,” after “parking areas”. 1991—Subsec. (c). Pub. L. 102–240 substituted “$50,000” for “$15,000” wherever appearing. 1968—Subsec. (c). Pub L. 90–495 increased from $10,000 to $15,000 the cost limitation on construction per mile, or per project for projects of less than a mile, which the Forest Service may construct on its own account and struck out provisions spelling out the functions which the Secretary of Agriculture is authorized to perform in carrying out such construction. 1964—Subsec. (a). Pub. L. 88–423 inserted “and other” after “experimental”. 1960—Subsec. (a). Pub. L. 86–657 substituted “may enter into contracts” for “may enter into construction contracts”.
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Effective Date of 1991 AmendmentAmendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
+
+Effective Date of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

legal/us/code/title-23/chapter-2/section-206.md

@@ -0,0 +1,187 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 206"
+description: "Recreational trails program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "206"
+citation: "23 U.S.C. § 206"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s206"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "4ba869c97f8c06d768d5130dcedbd8cb3a9d15d2afa273148d556c03afb4dcc7"
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+text_hash: "6b7fbf5400e19935ba303781c52f8b192410de9b9b4035a7d1055a160d902df1"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 206 - Recreational trails program
+
+## Text
+
+(a) Definitions.— In this section, the following definitions apply:
+
+(1) Motorized recreation.— The term “motorized recreation” means off-road recreation using any motor-powered vehicle, except for a motorized wheelchair.
+
+(2) Recreational trail.— The term “recreational trail” means a thoroughfare or track across land or snow, used for recreational purposes such as—
+
+(A) pedestrian activities, including wheelchair use;
+
+(B) skating or skateboarding;
+
+(C) equestrian activities, including carriage driving;
+
+(D) nonmotorized snow trail activities, including skiing;
+
+(E) bicycling or use of other human-powered vehicles;
+
+(F) aquatic or water activities; and
+
+(G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.
+
+(b) Program.— In accordance with this section, the Secretary, in consultation with the Secretary of the Interior and the Secretary of Agriculture, shall carry out a program to provide and maintain recreational trails.
+
+(c) State Responsibilities.— To be eligible for apportionments under this section—
+
+(1) the Governor of the State shall designate the State agency or agencies that will be responsible for administering apportionments made to the State under this section; and
+
+(2) the State shall establish a State recreational trail advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less often than once per fiscal year.
+
+(d) Use of Apportioned Funds.— (1) In general.— Funds apportioned to a State to carry out this section shall be obligated for recreational trails and related projects that—
+
+(A) have been planned and developed under the laws, policies, and administrative procedures of the State; and
+
+(B) are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor recreation plan required by chapter 2003 of title 54, that is in effect.
+
+(2) Permissible uses.— Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include—
+
+(A) maintenance and restoration of existing recreational trails;
+
+(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;
+
+(C) purchase and lease of recreational trail construction and maintenance equipment;
+
+(D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be—
+
+(i) permissible under other law;
+
+(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by chapter 2003 of title 54 and that is in effect;
+
+(iii) approved by the administering agency of the State designated under subsection (c)(1); and
+
+(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
+
+(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;
+
+(F) assessment of trail conditions for accessibility and maintenance;
+
+(G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to one or more of the uses of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and
+
+(H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year.
+
+(3) Use of apportionments.— (A) In general.— Except as provided in subparagraphs (B) and (C), of the apportionments made to a State for a fiscal year to carry out this section—
+
+(i) 40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use;
+
+(ii) 30 percent shall be used for uses relating to motorized recreation; and
+
+(iii) 30 percent shall be used for uses relating to nonmotorized recreation.
+
+(B) Small state exclusion.— Any State with a total land area of less than 3,500,000 acres shall be exempt from the requirements of clauses (ii) and (iii) of subparagraph (A).
+
+(C) State administrative costs.— State administrative costs eligible for funding under paragraph (2)(H) shall be exempt from the requirements of subparagraph (A).
+
+(4) Grants.— (A) In general.— A State may use funds apportioned to the State to carry out this section to make grants to private organizations, municipal, county, State, and Federal Government entities, and other government entities as approved by the State after considering guidance from the State recreational trail advisory committee established under subsection (c)(2), for uses consistent with this section.
+
+(B) Compliance.— A State that makes grants under subparagraph (A) shall establish measures to verify that recipients of the grants comply with the conditions of the program for the use of grant funds.
+
+(e) Environmental Benefit or Mitigation.— To the extent practicable and consistent with the other requirements of this section, a State should give consideration to project proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation of recreational trails to benefit the natural environment or to mitigate and minimize the impact to the natural environment.
+
+(f) Federal Share.— (1) In general.— Subject to the other provisions of this subsection, the Federal share of the cost of a project and the Federal share of the administrative costs of a State under this section shall be determined in accordance with section 120(b).
+
+(2) Federal agency project sponsor.— Notwithstanding any other provision of law, a Federal agency that sponsors a project under this section may contribute additional Federal funds toward the cost of a project, except that—
+
+(A) the share attributable to the Secretary of Transportation may not exceed the amount determined in accordance with section 120(b) for the cost of a project under this section; and
+
+(B) the share attributable to the Secretary and the Federal agency sponsoring the project may not exceed 95 percent of the cost of a project under this section.
+
+(3) Use of funds from federal programs to provide non-federal share.— Notwithstanding any other provision of law, the non-Federal share of the cost of the project may include amounts made available by the Federal Government under any Federal program that are—
+
+(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
+
+(B) expended on a project that is eligible for assistance under this section.
+
+(4) Use of recreational trails program funds to match other federal program funds.— Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are—
+
+(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
+
+(B) expended on a project that is eligible for assistance under this section.
+
+(5) Programmatic non-federal share.— A State may allow adjustments to the non-Federal share of an individual project for a fiscal year under this section if the Federal share of the cost of all projects carried out by the State under the program (excluding projects funded under paragraph (2) or (3)) using funds apportioned to the State for the fiscal year does not exceed the Federal share as determined in accordance with section 120(b).
+
+(g) Uses Not Permitted.— A State may not obligate funds apportioned to carry out this section for—
+
+(1) condemnation of any kind of interest in property;
+
+(2) construction of any recreational trail on National Forest System land for any motorized use unless—
+
+(A) the land has been designated for uses other than wilderness by an approved forest land and resource management plan or has been released to uses other than wilderness by an Act of Congress; and
+
+(B) the construction is otherwise consistent with the management direction in the approved forest land and resource management plan;
+
+(3) construction of any recreational trail on Bureau of Land Management land for any motorized use unless the land—
+
+(A) has been designated for uses other than wilderness by an approved Bureau of Land Management resource management plan or has been released to uses other than wilderness by an Act of Congress; and
+
+(B) the construction is otherwise consistent with the management direction in the approved management plan; or
+
+(4) upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred.
+
+(h) Project Administration.— (1) Credit for donations of funds, materials, services, or new right-of-way.— (A) In general.— Nothing in this title or other law shall prevent a project sponsor from offering to donate funds, materials, services, or a new right-of-way for the purposes of a project eligible for assistance under this section. Any funds, or the fair market value of any materials, services, or new right-of-way, may be donated by any project sponsor and shall be credited to the non-Federal share in accordance with subsection (f).
+
+(B) Federal project sponsors.— Any funds or the fair market value of any materials or services may be provided by a Federal project sponsor and shall be credited to the Federal agency’s share in accordance with subsection (f).
+
+(C) Planning and environmental assessment costs incurred prior to project approval.— The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.
+
+(2) Recreational purpose.— A project funded under this section is intended to enhance recreational opportunity and is not subject to section 138 of this title or section 303 of title 49.
+
+(3) Continuing recreational use.— At the option of each State, funds apportioned to the State to carry out this section may be treated as Land and Water Conservation Fund apportionments for the purposes of section 200305(f)(3) of title 54.
+
+(4) Cooperation by private persons.— (A) Written assurances.— As a condition of making available apportionments for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the land will cooperate with the State and participate as necessary in the activities to be conducted.
+
+(B) Public access.— Any use of the apportionments to a State to carry out this section on privately owned land must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by the apportionments.
+
+(i) Contract Authority.— Funds authorized to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1, except that the Federal share of the cost of a project under this section shall be determined in accordance with this section.
+
+(j) Use of Other Apportioned Funds.— Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.
+
+(Added Pub. L. 105–178, title I, § 1112(a), June 9, 1998, 112 Stat. 146; amended Pub. L. 109–59, title I, § 1109(b)–(e), Aug. 10, 2005, 119 Stat. 1168–1170; Pub. L. 110–244, title I, § 101(q), June 6, 2008, 122 Stat. 1576; Pub. L. 113–287, § 5(f)(3), Dec. 19, 2014, 128 Stat. 3268; Pub. L. 117–58, div. A, title I, §§ 11134, 11525(n), Nov. 15, 2021, 135 Stat. 515, 608.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
+
+Prior ProvisionsA prior section 206, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908, provided for use of funds for construction and improvement of park roads and trails and for administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.
+
+Amendments2021—Subsec. (d)(2)(G). Pub. L. 117–58, § 11525(n), substituted “uses of recreational trails” for “use of recreational trails”. Subsec. (j). Pub. L. 117–58, § 11134, added subsec. (j). 2014—Subsec. (d)(1)(B). Pub. L. 113–287, § 5(f)(3)(A), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”. Subsec. (d)(2)(D)(ii). Pub. L. 113–287, § 5(f)(3)(B), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”. Subsec. (h)(3). Pub. L. 113–287, § 5(f)(3)(C), substituted “section 200305(f)(3) of title 54” for “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))”. 2008—Subsec. (d)(3)(A). Pub. L. 110–244 substituted “(B) and (C)” for “(B), (C), and (D)” in introductory provisions. 2005—Subsec. (d)(2). Pub. L. 109–59, § 1109(b), amended par. (2) generally. Prior to amendment, par. (2) consisted of subpars. (A) to (G) relating to permissible uses of funds apportioned to carry out this section. Subsec. (d)(3)(C), (D). Pub. L. 109–59, § 1109(c), redesignated subpar. (D) as (C), substituted “(2)(H)” for “(2)(F)”, and struck out heading and text of former subpar. (C). Text read as follows: “A State recreational trail advisory committee established under subsection (c)(2) may waive, in whole or in part, the requirements of clauses (ii) and (iii) of subparagraph (A) if the State recreational trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to meet the requirements of clauses (ii) and (iii) of subparagraph (A).” Subsec. (f)(1). Pub. L. 109–59, § 1109(d)(1), inserted “and the Federal share of the administrative costs of a State” after “project” and substituted “be determined in accordance with section 120(b)” for “not exceed 80 percent”. Subsec. (f)(2)(A). Pub. L. 109–59, § 1109(d)(2), substituted “the amount determined in accordance with section 120(b) for the cost” for “80 percent of the cost”. Subsec. (f)(2)(B). Pub. L. 109–59, § 1109(d)(3), inserted “sponsoring the project” after “Federal agency”. Subsec. (f)(4), (5). Pub. L. 109–59, § 1109(d)(4)–(7), added par. (4), redesignated former par. (4) as (5), substituted “the Federal share as determined in accordance with section 120(b)” for “80 percent”, and struck out heading and text of former par. (5). Text read as follows: “The Federal share of the administrative costs of a State under this subsection shall be determined in accordance with section 120(b).” Subsec. (h)(1)(C). Pub. L. 109–59, § 1109(e), added subpar. (C).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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.
+
+Nonhighway Recreational Fuel StudyPub. L. 117–58, div. A, title I, § 11512, Nov. 15, 2021, 135 Stat. 594, provided that: “(a) Definitions.—In this section:“(1) Highway trust fund.—The term ‘Highway Trust Fund’ means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(a)]. “(2) Nonhighway recreational fuel taxes.—The term ‘nonhighway recreational fuel taxes’ means taxes under section[s] 4041 and 4081 of the Internal Revenue Code of 1986 [26 U.S.C. 4041, 4081] with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). “(3) Recreational trails program.—The term ‘recreational trails program’ means the recreational trails program under section 206 of title 23, United States Code. “(b) Assessment; Report.—“(1) Assessment.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021] and not less frequently than once every 5 years thereafter, as determined by the Secretary [of Transportation], the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. “(2) Report.—After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes—“(A) to assist Congress in determining an appropriate funding level for the recreational trails program—“(i) a description of the results of the assessment; and “(ii) an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and “(B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. “(c) Consultation.—In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate—“(1) the heads of—“(A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and “(B) division offices of the Department [of Transportation]; “(2) the Secretary of the Treasury; “(3) the Administrator of the Federal Highway Administration; and “(4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates.”
+
+Use of Youth Service and Conservation CorpsPub. L. 112–141, div. A, title I, § 1524, July 6, 2012, 126 Stat. 580, provided that: “(a) In General.—The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, [former] 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (119 Stat. 1228). “(b) Requirements.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—“(1) set the amount of a living allowance or rate of pay for each participant in such corps at—“(A) such amount or rate as required under State law in a State with such requirements; or “(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and “(2) not subject such corps to the requirements of section 112 of title 23, United States Code.” Similar provisions were contained in the following prior acts: Pub. L. 109–59, title I, § 1109(f), Aug. 10, 2005, 119 Stat. 1170. Pub. L. 105–178, title I, § 1112(e), June 9, 1998, 112 Stat. 151.

legal/us/code/title-23/chapter-2/section-207.md

@@ -0,0 +1,291 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 207"
+description: "Tribal transportation self-governance program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "207"
+citation: "23 U.S.C. § 207"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s207"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "312397010d1b1a7f24310d2a83c66d8ea8a7580efb4b60d94ce76ae71cc652c6"
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+text_hash: "20b7ea5a23edca7fa3ef0b4b7ee19f4cff5599a00cd7d46b60cea84dbac5be3e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 207 - Tribal transportation self-governance program
+
+## Text
+
+(a) Establishment.— Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.
+
+(b) Eligibility.— (1) In general.— Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.
+
+(2) Criteria for determining financial stability and financial management capacity.— For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
+
+(3) Criteria for determining transportation program management capability.— The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.
+
+(c) Compacts.— (1) Compact required.— Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter into a written compact with the Indian tribe for the purpose of providing for the participation of the Indian tribe in the program.
+
+(2) Contents.— A compact entered into under paragraph (1) shall set forth the general terms of the government-to-government relationship between the Indian tribe and the United States under the program and other terms that will continue to apply in future fiscal years.
+
+(3) Amendments.— A compact entered into with an Indian tribe under paragraph (1) may be amended only by mutual agreement of the Indian tribe and the Secretary.
+
+(d) Annual Funding Agreements.— (1) Funding agreement required.— After entering into a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding agreement with the Indian tribe.
+
+(2) Contents.— (A) In general.— (i) Formula funding and discretionary grants.— A funding agreement entered into with an Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from discretionary and competitive grants administered by the Department for all programs, services, functions, and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary that are otherwise available to Indian tribes.
+
+(ii) Transfers of state funds.— (I) Inclusion of transferred funds in funding agreement.— A funding agreement entered into with an Indian tribe shall include Federal-aid funds apportioned to a State under chapter 1 if the State elects to provide a portion of such funds to the Indian tribe for a project eligible under section 202(a). The provisions of this section shall be in addition to the methods for making funding contributions described in section 202(a)(9). Nothing in this section shall diminish the authority of the Secretary to provide funds to an Indian tribe under section 202(a)(9).
+
+(II) Method for transfers.— If a State elects to provide funds described in subclause (I) to an Indian tribe—
+
+(aa) the transfer may occur in accordance with section 202(a)(9); or
+
+(bb) the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.
+
+(III) Responsibility for transferred funds.— Notwithstanding any other provision of law, if a State provides funds described in subclause (I) to an Indian tribe—
+
+(aa) the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and
+
+(bb) the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.
+
+(B) Administration of tribal shares.— The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.
+
+(C) Flexible and innovative financing.— (i) In general.— A funding agreement entered into with an Indian tribe under paragraph (1) shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties.
+
+(ii) Terms and conditions.— (I) Authority to issue regulations.— The Secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i).
+
+(II) Terms and conditions in absence of regulations.— If the Secretary does not issue regulations under subclause (I), the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i) shall be consistent with—
+
+(aa) agreements entered into by the Department under—
+
+(AA) section 202(b)(7); and
+
+(BB) section 202(d)(5), as in effect before the date of enactment of MAP–21 (Public Law 112–141); or
+
+(bb) regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the FAST Act.
+
+(3) Terms.— A funding agreement shall set forth—
+
+(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and
+
+(B) for items identified in subparagraph (A)—
+
+(i) the general budget category assigned;
+
+(ii) the funds to be provided, including those funds to be provided on a recurring basis;
+
+(iii) the time and method of transfer of the funds;
+
+(iv) the responsibilities of the Secretary and the Indian tribe; and
+
+(v) any other provision agreed to by the Indian tribe and the Secretary.
+
+(4) Subsequent funding agreements.— (A) Applicability of existing agreement.— Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.
+
+(B) Effective date of subsequent agreement.— The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.
+
+(5) Consent of indian tribe required.— The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe that is subject to the agreement unless such terms are required by Federal law.
+
+(e) General Provisions.— (1) Redesign and consolidation.— (A) In general.— An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may—
+
+(i) redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and
+
+(ii) reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are—
+
+(I) expended on projects identified in a transportation improvement program approved by the Secretary; and
+
+(II) used in accordance with the requirements in—
+
+(aa) appropriations Acts;
+
+(bb) this title and chapter 53 of title 49; and
+
+(cc) any other applicable law.
+
+(B) Exception.— Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.
+
+(2) Retrocession.— (A) In general.— (i) Authority of indian tribes.— An Indian tribe may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions thereof) included in a compact or funding agreement.
+
+(ii) Reassumption of remaining funds.— Following a retrocession described in clause (i), the Secretary may—
+
+(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;
+
+(II) out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and
+
+(III) distribute funds not transferred under subclause (II) in accordance with applicable law.
+
+(iii) Correction of programs.— If the Secretary makes a finding under subsection (f)(2)(B) and no funds are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds to complete or correct any programs, functions, services, or activities (or portions thereof).
+
+(B) Effective date.— Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on—
+
+(i) the earlier of—
+
+(I) 1 year after the date of submission of the request; or
+
+(II) the date on which the funding agreement expires; or
+
+(ii) such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.
+
+(f) Provisions Relating to Secretary.— (1) Decisionmaker.— A decision that relates to an appeal of the rejection of a final offer by the Department shall be made either—
+
+(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or
+
+(B) by an administrative judge.
+
+(2) Termination of compact or funding agreement.— (A) Authority to terminate.— (i) Provision to be included in compact or funding agreement.— A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in subparagraph (B), to—
+
+(I) terminate the compact or funding agreement (or a portion thereof); and
+
+(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.
+
+(ii) Transfers of funds.— Out of any funds reassumed under clause (i)(II), the Secretary may transfer the funds associated with Department of the Interior programs, functions, services, and activities (or portions thereof) to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.
+
+(B) Findings resulting in termination.— The finding referred to in subparagraph (A) is a specific finding of—
+
+(i) imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or
+
+(ii) gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.
+
+(C) Prohibition.— The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless—
+
+(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and
+
+(ii) the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.
+
+(D) Exception.— (i) In general.— Notwithstanding subparagraph (C), the Secretary, upon written notification to an Indian tribe that is subject to a compact or funding agreement, may immediately terminate the compact or funding agreement (or portion thereof) if—
+
+(I) the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and
+
+(II) the jeopardy arises out of a failure to carry out the compact or funding agreement.
+
+(ii) Hearings.— If the Secretary terminates a compact or funding agreement (or portion thereof) under clause (i), the Secretary shall provide the Indian tribe subject to the compact or agreement with a hearing on the record not later than 10 days after the date of such termination.
+
+(E) Burden of proof.— In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.
+
+(g) Cost Principles.— In administering funds received under this section, an Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325), other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section 106(f) of that Act (25 U.S.C. 5325(f)).
+
+(h) Transfer of Funds.— The Secretary shall provide funds to an Indian tribe under a funding agreement in an amount equal to—
+
+(1) the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and
+
+(2) such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.
+
+(i) Construction Programs.— (1) Standards.— Construction projects carried out under programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the Secretary (or the Secretary’s designee).
+
+(2) Monitoring.— Construction programs shall be monitored by the Secretary in accordance with applicable regulations.
+
+(j) Facilitation.— (1) Secretarial interpretation.— Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate—
+
+(A) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and
+
+(B) the implementation of the compacts and funding agreements.
+
+(2) Regulation waiver.— (A) In general.— An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.
+
+(B) Approvals and denials.— (i) In general.— Not later than 90 days after the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the request in writing.
+
+(ii) Review.— The Secretary shall review any application by an Indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the Indian tribal level.
+
+(iii) Deemed approval.— If the Secretary does not approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day period referred to in clause (i), the request shall be deemed approved.
+
+(iv) Denials.— If the application for a waiver is not granted, the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause (i).
+
+(v) Finality of decisions.— A decision by the Secretary under this subparagraph shall be final for the Department.
+
+(k) Disclaimers.— (1) Existing authority.— Notwithstanding any other provision of law, upon the election of an Indian tribe, the Secretary shall—
+
+(A) maintain current tribal transportation program funding agreements and program agreements; or
+
+(B) enter into new agreements under the authority of section 202(b)(7).
+
+(2) Limitation on statutory construction.— Nothing in this section may be construed to impair or diminish the authority of the Secretary under section 202(b)(7).
+
+(l) Applicability of Indian Self-Determination and Education Assistance Act.— Except to the extent in conflict with this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance Act shall apply to compact and funding agreements (except that any reference to the Secretary of the Interior or the Secretary of Health and Human Services in such provisions shall be treated as a reference to the Secretary of Transportation):
+
+(1) Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 5386), relating to general provisions.
+
+(2) Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C. 5387), relating to provisions relating to the Secretary of Health and Human Services.
+
+(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 5388), relating to transfer of funds.
+
+(4) Section 510 of such Act (25 U.S.C. 5390), relating to Federal procurement laws and regulations.
+
+(5) Section 511 of such Act (25 U.S.C. 5391), relating to civil actions.
+
+(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 5392), relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting “transportation facilities and other facilities” for “school buildings, hospitals, and other facilities”.
+
+(7) Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 5395), relating to disclaimers.
+
+(8) Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 5396), relating to application of title I provisions.
+
+(9) Section 518 of such Act (25 U.S.C. 5398), relating to appeals.
+
+(m) Definitions.— (1) In general.— In this section, the following definitions apply (except as otherwise expressly provided):
+
+(A) Compact.— The term “compact” means a compact between the Secretary and an Indian tribe entered into under subsection (c).
+
+(B) Department.— The term “Department” means the Department of Transportation.
+
+(C) Eligible indian tribe.— The term “eligible Indian tribe” means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).
+
+(D) Funding agreement.— The term “funding agreement” means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).
+
+(E) Indian tribe.— The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this section, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term “Indian tribe” as used in this section shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.
+
+(F) Program.— The term “program” means the tribal transportation self-governance program established under this section.
+
+(G) Secretary.— The term “Secretary” means the Secretary of Transportation.
+
+(H) Transportation programs.— The term “transportation programs” means all programs administered or financed by the Department under this title and chapter 53 of title 49.
+
+(2) Applicability of other definitions.— In this section, the definitions set forth in sections 4 and 501 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304; 5381) apply, except as otherwise expressly provided in this section.
+
+(n) Regulations.— (1) In general.— (A) Promulgation.— Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.
+
+(B) Publication of proposed regulations.— Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 42 months after such date of enactment.
+
+(C) Expiration of authority.— The authority to promulgate regulations under subparagraph (A) shall expire 48 months after such date of enactment.
+
+(D) Extension of deadlines.— A deadline set forth in subparagraph (B) or (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.
+
+(2) Committee.— (A) In general.— A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.
+
+(B) Requirements.— The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
+
+(C) Adaptation of procedures.— The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.
+
+(3) Effect.— The lack of promulgated regulations shall not limit the effect of this section.
+
+(4) Effect of circulars, policies, manuals, guidance, and rules.— Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except regulations promulgated under this section.
+
+(Added Pub. L. 114–94, div. A, title I, § 1121(a), Dec. 4, 2015, 129 Stat. 1359; amended Pub. L. 115–235, § 1, Aug. 14, 2018, 132 Stat. 2443; Pub. L. 117–58, div. A, title I, § 11525(o), Nov. 15, 2021, 135 Stat. 608.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of MAP–21, referred to in subsec. (d)(2)(C)(ii)(II)(aa)(BB), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. The date of enactment of the FAST Act, referred to in subsecs. (d)(2)(C)(ii)(II)(bb) and (n)(1)(A), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. The Indian Self-Determination and Education Assistance Act, referred to in subsec. (l), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
+
+Prior ProvisionsA prior section 207, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 93–87, title I, § 150, Aug. 13, 1973, 87 Stat. 275, provided for use of funds for construction and improvement of parkways, including acquisition of rights-of-way and related scenic easements, administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, and that parkway projects on a Federal-aid system be subject to all requirements of this title and of any other law applicable to highways on such system, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.
+
+Amendments2021—Subsec. (g). Pub. L. 117–58, § 11525(o)(1), substituted “(25 U.S.C. 5325)” for “(25 U.S.C. 450j–1)” and “(25 U.S.C. 5325(f))” for “(25 U.S.C. 450j–1(f))”. Subsec. (l)(1). Pub. L. 117–58, § 11525(o(2)(A), substituted “(25 U.S.C. 5386)” for “(25 U.S.C. 458aaa–5)”. Subsec. (l)(2). Pub. L. 117–58, § 11525(o)(2)(B), substituted “(25 U.S.C. 5387)” for “(25 U.S.C. 458aaa–6)”. Subsec. (l)(3). Pub. L. 117–58, § 11525(o)(2)(C), substituted “(25 U.S.C. 5388)” for “(25 U.S.C. 458aaa–7)”. Subsec. (l)(4). Pub. L. 117–58, § 11525(o)(2)(D), substituted “(25 U.S.C. 5390)” for “(25 U.S.C. 458aaa–9)”. Subsec. (l)(5). Pub. L. 117–58, § 11525(o)(2)(E), substituted “(25 U.S.C. 5391)” for “(25 U.S.C. 458aaa–10)”. Subsec. (l)(6). Pub. L. 117–58, § 11525(o)(2)(F), substituted “(25 U.S.C. 5392)” for “(25 U.S.C. 458aaa–11)”. Subsec. (l)(7). Pub. L. 117–58, § 11525(o)(2)(G), substituted “(25 U.S.C. 5395)” for “(25 U.S.C. 458aaa–14)”. Subsec. (l)(8). Pub. L. 117–58, § 11525(o)(2)(H), substituted “(25 U.S.C. 5396)” for “(25 U.S.C. 458aaa–15)”. Subsec. (l)(9). Pub. L. 117–58, § 11525(o)(2)(I), substituted “(25 U.S.C. 5398)” for “(25 U.S.C. 458aaa–17)”. Subsec. (m)(2). Pub. L. 117–58, § 11525(o)(3), substituted “501” for “505” and “(25 U.S.C. 5304; 5381)” for “(25 U.S.C. 450b; 458aaa)”. 2018—Subsec. (n)(1)(B). Pub. L. 115–235, § 1(1), substituted “42 months” for “21 months”. Subsec. (n)(1)(C). Pub. L. 115–235, § 1(2), substituted “48 months” for “30 months”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentAmendment by 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 DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

legal/us/code/title-23/chapter-2/section-208.md

@@ -0,0 +1,97 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 208"
+description: "Safe routes to school"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "208"
+citation: "23 U.S.C. § 208"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s208"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "87186c4caaef1d4d29b31f871e5c48988f4265f2a84b33039be7e9b9a3e62ea1"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "405db7fe92d27b460b5445a1bf9839dbdec6d3b933cbcb9b2d72f75463494322"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 208 - Safe routes to school
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) In the vicinity of schools.— The term “in the vicinity of schools”, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school.
+
+(2) Primary, middle, and high schools.— The term “primary, middle, and high schools” means schools providing education from kindergarten through 12th grade.
+
+(b) Establishment.— Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.
+
+(c) Purposes.— The purposes of the program established under subsection (b) shall be—
+
+(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;
+
+(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and
+
+(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
+
+(d) Apportionment of Funds.— (1) In general.— Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that—
+
+(A) the total student enrollment in primary, middle, and high schools in each State; bears to
+
+(B) the total student enrollment in primary, middle, and high schools in all States.
+
+(2) Minimum apportionment.— No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.
+
+(3) Set-aside for administrative expenses.— Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section.
+
+(4) Determination of student enrollments.— Determinations under this subsection relating to student enrollments shall be made by the Secretary.
+
+(e) Administration of Amounts.— Amounts apportioned to a State under this section shall be administered by the State department of transportation.
+
+(f) Eligible Recipients.— Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.
+
+(g) Eligible Projects and Activities.— (1) Infrastructure-related projects.— (A) In general.— Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
+
+(B) Location of projects.— Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.
+
+(2) Noninfrastructure-related activities.— (A) In general.— In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.
+
+(B) Allocation.— Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph.
+
+(3) Safe routes to school coordinator.— Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State.
+
+(h) Clearinghouse.— (1) In general.— The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools—
+
+(A) to operate a national safe routes to school clearinghouse;
+
+(B) to develop information and educational programs on safe routes to school; and
+
+(C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.
+
+(2) Funding.— The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3).
+
+(i) Treatment of Projects.— Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.
+
+(Added Pub. L. 117–58, div. A, title I, § 11119(a), Nov. 15, 2021, 135 Stat. 495.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 208, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 87–282, Sept. 22, 1961, 75 Stat. 584; Pub. L. 93–643, § 102(c), Jan. 4, 1975, 88 Stat. 2281, provided for use of funds for construction and improvement of Indian reservation roads and bridges, supervision of such projects by the Secretary, that such funds be only supplementary to funds apportioned under section 104 of this title, for use of Indian labor in such projects, and for cooperation with States and localities, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.

legal/us/code/title-23/chapter-2/section-209.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 209"
+description: "Repealed. Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "209"
+citation: "23 U.S.C. § 209"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s209"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "9afdaf11086ac55101b053aea1f406256f2c40461962aa4e33896e47eaa586aa"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "d7583ea3ae840e29574f10467bbfca850e7b988f9e47bbae1a122fdbffb993cd"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 209 - Repealed. Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115]
+
+## Notes
+
+Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 88–423, § 4(b), Aug. 13, 1964, 78 Stat. 397, provided for use of funds for construction and maintenance of public lands highways, cooperation with State agencies, the application of section 112 of this title to public lands highways, and for use of such funds for adjacent ancillary facilities and services.

legal/us/code/title-23/chapter-2/section-210.md

@@ -0,0 +1,95 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 210"
+description: "Defense access roads"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "210"
+citation: "23 U.S.C. § 210"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s210"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "98418db7465f17a2579406a3607149836691803ad0edbb625af5ccc6187c2de6"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "6add3ef0b83f75627db7d8250a4f4356a98a267fa6a7b929266d56fbfe1dadc5"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 210 - Defense access roads
+
+## Text
+
+(a) Authorization.— (1) In general.— When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
+
+(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
+
+(i) military reservations;
+
+(ii) defense industry sites;
+
+(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
+
+(iv) sources of raw materials;
+
+(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
+
+(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
+
+(i) military reservations;
+
+(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
+
+(iii) defense industry sites.
+
+(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation.
+
+(b) Funds appropriated for the purposes of this section shall be available, without regard to apportionment among the several States, for paying all or any part of the cost of construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to, defense access roads.
+
+(c) Funds appropriated for defense maneuvers and exercises, may be used by the Secretary in areas certified to the Secretary by the Secretary of Defense as maneuver areas for such activities for construction, maintenance, reconstruction, enhancement, improvement, and repair as may be necessary to keep the highways in those areas, which have been or may be used for training of the Armed Forces, in suitable condition for—
+
+(1) that training; and
+
+(2) repairing the damage to those highways caused by—
+
+(A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or
+
+(B) the operations of men and equipment in such training.
+
+(d) Whenever any project for the construction of a circumferential highway around a city or of a radial intracity route thereto submitted by any State is certified by the Secretary of Defense, or such other official as the President may designate, as being important for civilian or military defense, such project may be constructed out of the funds heretofore or hereafter authorized to be appropriated for defense access roads.
+
+(e) If the Secretary shall determine that the State transportation department of any State is unable to obtain possession and the right to enter upon and use the required rights-of-way, lands, or interest in lands, improved or unimproved, required for any project authorized by this section with sufficient promptness, the Secretary is authorized to acquire, enter upon, take possession thereof, and expend funds for projects thereon, prior to approval of title by the Attorney General, in the name of the United States, such rights-of-way, lands, or interest in lands as may be required in such State for such projects by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40). The cost incurred by the Secretary in acquiring any such rights-of-way, lands, or interest in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition; and shall be payable out of the funds available for paying the cost or the Federal share of the cost of the project for which such rights-of-way, lands, or interests in lands are acquired. The Secretary is further authorized and directed by proper deed executed in the name of the United States to convey any lands or interests in lands acquired in any State under the provisions of prior Acts or of this section to the State transportation department of such State or to such political subdivision thereof as its laws may provide, upon such terms and conditions as may be agreed upon by the Secretary and the State transportation department, or political subdivisions to which the conveyance is to be made.
+
+(f) The provisions of section 112 of this title are applicable to defense access roads.
+
+(g) If the Secretary shall determine that it is necessary for the expeditious completion of any defense access road project the Secretary may advance to any State out of funds appropriated for defense access roads transferred and available to the Department of Transportation the Federal share of the cost of construction thereof to enable the State transportation department to make prompt payments for acquisition of rights-of-way, and for the construction as it progresses. The sums so advanced shall be deposited in a special fund by the State official authorized by State law to receive such funds, to be disbursed solely upon vouchers approved by the State transportation department for rights-of-way which have been or are being acquired and for construction and other activities actually performed under this section. Upon determination by the Secretary that funds advanced to any State under the provisions of this subsection are no longer required, the amount of the advance which is determined to be in excess of requirements for the project shall be repaid upon demand by the Secretary, and such repayments shall be returned to the credit of the appropriation from which the funds were advanced.
+
+(h) Funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to highways by the operation of vehicles and equipment in the construction of classified military installations and facilities for ballistic missiles if the Secretary shall determine that the State transportation department of any State is, or has been, unable to prevent such damage by restrictions upon the use of such highways without interference with, or delay in, the completion of a contract for the construction of such military reservations or installations. This subsection shall apply notwithstanding any provision of contract holding a party thereto responsible for such damage, if the Secretary of Defense or his designee shall determine, in fact, that construction estimates and the bid of such party did not include allowance for repairing such damage. This subsection shall apply to damage caused by construction work commenced prior to June 1, 1961, and still in progress on that date and construction work which is commenced or for which a contract is awarded on or after June 1, 1961.
+
+(i) Repair of Certain Damages and Infrastructure.— The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 86–657, § 8(d), July 14, 1960, 74 Stat. 524; Pub. L. 87–61, title I, § 105, June 29, 1961, 75 Stat. 123; Pub. L. 97–424, title I, § 155, Jan. 6, 1983, 96 Stat. 2134; Pub. L. 100–17, title I, § 133(b)(15), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(2), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 110–417, div. B, title XXVIII, § 2814(a), Oct. 14, 2008, 122 Stat. 4728; Pub. L. 112–81, div. B, title XXVIII, § 2816(a), Dec. 31, 2011, 125 Stat. 1689; Pub. L. 112–141, div. A, title I, § 1516, July 6, 2012, 126 Stat. 574; Pub. L. 115–232, div. B, title XXVIII, § 2865, Aug. 13, 2018, 132 Stat. 2285; Pub. L. 116–92, div. B, title XXVIII, § 2808, Dec. 20, 2019, 133 Stat. 1885.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2019—Subsec. (a)(1). Pub. L. 116–92, § 2808(1), added par. (1) and struck out former par. (1) which read as follows: “The Secretary is authorized, out of the funds appropriated for defense access roads, to provide for the construction and maintenance of defense access roads (including bridges, tubes, and tunnels thereon) to military reservations, to defense industries and defense industry sites, and to the sources of raw materials when such roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, and for replacing existing highways and highway connections that are shut off from the general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at military reservations and defense industry sites.” Subsec. (b). Pub. L. 116–92, § 2808(2), substituted “construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to,” for “the construction and maintenance of”. Subsec. (c). Pub. L. 116–92, § 2808(3), substituted “certified to the Secretary” for “certified to him”, “activities for construction, maintenance, reconstruction, enhancement, improvement, and repair” for “construction, maintenance, and repair work”, “in those areas” for “therein”, and “condition for—” and pars. (1) and (2) for “condition for such training purposes and for repairing the damage caused to such highways by the operations of men and equipment in such training.” Subsec. (g). Pub. L. 116–92, § 2808(4), substituted “the Secretary may advance” for “he may advance”, “construction and other activities” for “construction which has been”, and “upon demand by the Secretary” for “upon his demand”. Subsec. (i). Pub. L. 116–92, § 2808(5), added subsec. (i) and struck out former subsec. (i) which read as follows: “Beginning in fiscal year 2019, funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to, and for any infrastructure to mitigate the risks posed to, highways by recurrent flooding and sea level fluctuation, if the Secretary of Defense shall determine that continued access to a military installation has been impacted by past flooding and mean sea level fluctuation.” 2018—Subsec. (a)(1). Pub. L. 115–232, § 2865(a), substituted “closures, closures due to mean sea level fluctuation and flooding, or restrictions” for “closures or restrictions”. Subsec. (i). Pub. L. 115–232, § 2865(b), added subsec. (i). 2012—Subsec. (a)(2). Pub. L. 112–141 inserted “, in consultation with the Secretary of Transportation,” before “shall determine”. 2011—Subsec. (a)(2). Pub. L. 112–81 inserted at end “The Secretary of Defense shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation.” 2008—Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1) and added par. (2). 2006—Subsec. (e). Pub. L. 109–284 substituted “sections 3114 to 3116 and 3118 of title 40” for “the Act of February 26, 1931; 46 Stat. 1421”. 1998—Subsecs. (e), (g), (h). Pub. L. 105–178 substituted “State transportation department” for “State highway department” wherever appearing. 1987—Subsec. (g). Pub. L. 100–17 substituted “Transportation” for “Commerce”. 1983—Subsec. (c). Pub. L. 97–424 substituted “Funds appropriated for defense maneuvers and exercises” for “Not exceeding $5,000,000 of any funds appropriated under the Act approved October 16, 1951 (65 Stat. 422)”. 1961—Subsec. (h). Pub. L. 87–61 added subsec. (h). 1960—Subsec. (g). Pub. L. 86–657 added subsec. (g).
+
+Statutory Notes and Related Subsidiaries
+
+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.
+
+Economic Adjustment Committee Consideration of Additional Defense Access Roads Funding SourcesPub. L. 112–81, div. B, title XXVIII, § 2816(b), Dec. 31, 2011, 125 Stat. 1689, provided that: “(1) Convening of committee.—Not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense, as the chairperson of the Economic Adjustment Committee established in Executive Order No. 127887 [12788] (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program under section 210 of title 23, United States Code. “(2) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the results of the Economic Adjustment Committee deliberations and containing an implementation plan to expand funding sources for the mitigation of significant transportation impacts to access to military reservations pursuant to subsection (b) of section 210 of title 23, United States Code, as amended by subsection (a).”
+
+Separate Budget Request for ProgramPub. L. 112–81, div. B, title XXVIII, § 2816(c), Dec. 31, 2011, 125 Stat. 1689, provided that: “Amounts requested for a fiscal year for the defense access roads program under section 210 of title 23, United States Code, shall be set forth as a separate budget request in the budget transmitted by the President to Congress for that fiscal year under section 1105 of title 31, United States.”

legal/us/code/title-23/chapter-2/section-211.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 211"
+description: "Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "211"
+citation: "23 U.S.C. § 211"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s211"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "5fbc1172d23448a19b64601dbe7aa66cc50b8b0f675c7c4bc32788ebd5bcd53d"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "bdd5688cc11c8ba8a74bffe048e92254d67af44b9d92412b8c0338055855f9e6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 211 - Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173]
+
+## Notes
+
+Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, related to timber access road hearings.

legal/us/code/title-23/chapter-2/section-212.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 212"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "212"
+citation: "23 U.S.C. § 212"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s212"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "bfd19dd1765a263399640f02889c1173b08769f5cbf86a0329773ca16f722dd5"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "5afa07fbfd726d42667716f51dd73501d3a0e7227de2cf49292a731c6a91f50f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 212 - Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
+
+## Notes
+
+Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, related to the Inter-American Highway.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-2/section-213.md

@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 213"
+description: "Repealed. Pub. L. 114–94, div. A, title I, § 1109(c)(2), Dec. 4, 2015, 129 Stat. 1343]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "213"
+citation: "23 U.S.C. § 213"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s213"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "44fe94e7800b60db45617afe6ed820aa99de92114caf9efc37fe930b8a479a13"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "d4dda9a95d567f1dd0ccd738497e9dafc92eb27b575e85adc22eac0f42d1b546"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 213 - Repealed. Pub. L. 114–94, div. A, title I, § 1109(c)(2), Dec. 4, 2015, 129 Stat. 1343]
+
+## Notes
+
+Section, added Pub. L. 112–141, div. A, title I, § 1122(a), July 6, 2012, 126 Stat. 494, related to transportation alternatives.
+
+A prior section 213, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 911, related to construction of Rama Road in Republic of Nicaragua, prior to repeal by Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

legal/us/code/title-23/chapter-2/section-214.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 214"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1119(b), July 6, 2012, 126 Stat. 491]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "214"
+citation: "23 U.S.C. § 214"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s214"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "8e96b907f545fa6fbd3921a8297325e1c2c5ee488b61845f30e83355619df739"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "fb9361a5345187a6942b2ef296eb6be06281e932d19b364d8118e7e23579181b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 214 - Repealed. Pub. L. 112–141, div. A, title I, § 1119(b), July 6, 2012, 126 Stat. 491]
+
+## Notes
+
+Section, added Pub. L. 87–866, § 6(b), Oct. 23, 1962, 76 Stat. 1147; amended Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115, related to public lands development roads and trails.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-2/section-215.md

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+---
+type: "LegalText"
+title: "23 U.S.C. § 215"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1114(b)(2)(A), July 6, 2012, 126 Stat. 468]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "215"
+citation: "23 U.S.C. § 215"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s215"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "52e7530cbb3ae5ee451eb4f9e153a3ac81b73548cc70721d90428c73e452e596"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "8b17510202543d105bee4d8194ca48eb79fa37e302c1efc362a26ccd7e8dda67"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 215 - Repealed. Pub. L. 112–141, div. A, title I, § 1114(b)(2)(A), July 6, 2012, 126 Stat. 468]
+
+## Notes
+
+Section, added Pub. L. 109–59, title I, § 1118(a), Aug. 10, 2005, 119 Stat. 1179, related to territorial highway program.
+
+A prior section 215, added Pub. L. 91–605, title I, § 112(a), Dec. 31, 1970, 84 Stat. 1720; amended Pub. L. 95–599, title I, § 129(f), Nov. 6, 1978, 92 Stat. 2708; Pub. L. 96–106, § 9, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, § 133(b)(16), Apr. 2, 1987, 101 Stat. 172, related to territorial highway program, prior to repeal by Pub. L. 109–59, title I, § 1118(a), Aug. 10, 2005, 119 Stat. 1179.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-2/section-216.md

@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 216"
+description: "Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "216"
+citation: "23 U.S.C. § 216"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s216"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "1b65840a2e6130ddb5e4d474a81a417f65677a1f514f5ee1326eb10d647bee53"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "bab7e0c91fc0d2c9844aa10c1733d91698828fe96b850edf6fbc5bdc4d874e93"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 216 - Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
+
+## Notes
+
+Section, added Pub. L. 91–605, title I, § 113(a), Dec. 31, 1970, 84 Stat. 1721, related to the Darien Gap Highway.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal 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.

legal/us/code/title-23/chapter-2/section-218.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 218"
+description: "Alaska Highway"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "218"
+citation: "23 U.S.C. § 218"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s218"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "fd515ef53a919072cca181b7618c1c5af09b5cfb768d774471eedeb70953c44f"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "33f428cc937f75cfef6aad90edc3ca17746c0a942707d878847ad57824313492"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 218 - Alaska Highway
+
+## Text
+
+(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.
+
+(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.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe 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.
+
+Amendments2021—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 reconstruction 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 reconstruction, 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 AmendmentPub. 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 CongressPub. 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 AuthorizationPub. L. 93–87, title I, § 127(b), Aug. 13, 1973, 87 Stat. 264, provided that: “For the purpose of completing necessary reconstruction 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.”

legal/us/code/title-23/chapter-2/section-219.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 219"
+description: "Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "2"
+chapter_name: "OTHER HIGHWAYS"
+section: "219"
+citation: "23 U.S.C. § 219"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s219"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "0419b97489bf6b6af445c9171c9b092ab1e66fe6e388c892836d8dedbd00fa51"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "7620cddd6d25febb52535be6a845c11890e0c7185338051a4a7decc9859f7c5c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 219 - Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173]
+
+## Notes
+
+Section, added Pub. L. 93–643, § 122(a), Jan. 4, 1975, 88 Stat. 2289; amended Pub. L. 94–280, title I, § 135(a), May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(d), Nov. 6, 1978, 92 Stat. 2723; Pub. L. 96–106, § 10(a), Nov. 9, 1979, 93 Stat. 798, related to projects for safer off-system roads.

legal/us/code/title-23/chapter-3/section-301.md

@@ -0,0 +1,35 @@
+---
+type: "LegalText"
+title: "23 U.S.C. § 301"
+description: "Freedom from tolls"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 23
+title_name: "HIGHWAYS"
+chapter_number: "3"
+chapter_name: "GENERAL PROVISIONS"
+section: "301"
+citation: "23 U.S.C. § 301"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip"
+source_identifier: "/us/usc/t23/s301"
+source_file: "data/legal/raw/us/code/title-23/usc23.xml"
+source_hash: "7aeb5826cacb07629a8fd989111464fd25d826abae1054d98898ce98bdcfccf1"
+raw_snapshot_hash: "e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe"
+text_hash: "301079a76c1acf96eaa30563f1207c86233ddd027ffeb5092213ef285e069c65"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 23 U.S.C. § 301 - Freedom from tolls
+
+## Text
+
+Except as provided in section 129 of this title with respect to certain toll bridges and toll tunnels, all highways constructed under the provisions of this title shall be free from tolls of all kinds.
+
+(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912.)