§ 102. Program efficiencies

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 102

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887

2. 1991

   Intermodal Surface Transportation Efficiency Act of 1991

   Pub. L. 102–240 title I § 1016(a) · 105 Stat. 1914

   1. Substituted · 23 U.S.C. § 102

      Pub. L. 102–240 substituted section catchline for one which read: “Authorizations”

   2. Amended · 23 U.S.C. § 102

      Pub. L. 102–240 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) HOV Passenger Requirements; Engineering Cost Reimbursement.— Section 102 of title 23, United States Code, is amended to read as follows: “§ 102. Program efficiencies “(a) HOV Passenger Requirements.— A State highway 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. “(b) Engineering Cost Reimbursement.— If on-site construction of, or acquisition of right-of-way for, a highway project is not commenced within 10 years 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 made available for such engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.”.

3. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1209 · 112 Stat. 107

   1. Amended · 23 U.S.C. § 102(a)

      Pub. L. 105–178, § 1209, designated existing provisions as par. (1)

   2. Inserted · 23 U.S.C. § 102(a)

      Pub. L. 105–178, § 1209, inserted heading, realigned margins

   3. Added · 23 U.S.C. § 102(a)

      Pub. L. 105–178, § 1209, added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–178, § 1209, designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).

   Enacted provision · exact public law section
   SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES. Section 102(a) of title 23, United States Code, is amended— (1) by striking “A State” and inserting the following: “(1) In general.— A State” ; (2) by adding at the end the following: “(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.” ; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection).

4. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1212(a)(2)(A)(i) · 112 Stat. 107

   Substituted · 23 U.S.C. § 102(a)(1)

   Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.

   Enacted provision · exact public law section
   (i) by striking “State highway department” each 23 USC 102 et seq. place it appears and inserting “State transportation department”; and

5. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1206 · 112 Stat. 107

   Redesignated · 23 U.S.C. § 102(b)

   Pub. L. 105–178, § 1206, added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–178, § 1206, added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   SEC. 1206. ACCESS OF MOTORCYCLES. Section 102 of title 23, United States Code, is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: “(b) 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. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.” .

6. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1304 · 112 Stat. 107

   Changed · 23 U.S.C. § 102(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 1304. ENGINEERING COST REIMBURSEMENT. Section 102(b) of title 23, United States Code, is amended in the first sentence by inserting after “10 years” the following: “(or such longer period as the State requests and the Secretary determines to be reasonable)”.

7. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1206 · 112 Stat. 107

   Redesignated · 23 U.S.C. § 102(c)

   Pub. L. 105–178, § 1206, redesignated subsec. (b) as (c)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–178, § 1206, redesignated subsec. (b) as (c).

   Enacted provision · exact public law section
   SEC. 1206. ACCESS OF MOTORCYCLES. Section 102 of title 23, United States Code, is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: “(b) 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. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.” .

8. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title I § 1121(b)(1) · 119 Stat. 1144

   1. Redesignated · 23 U.S.C. § 102

      Pub. L. 109–59 redesignated subsecs. (b) and (c) as (a) and (b), respectively

   2. Struck · 23 U.S.C. § 102

      Pub. L. 109–59 struck out heading and text of former subsec. (a). Text read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) Program efficiencies.— Section 102 of title 23, United States Code, is amended— (A) by striking subsection (a); and (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

9. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 div. A title I § 1502 · 126 Stat. 405

   Substituted · 23 U.S.C. § 102(b)

   Pub. L. 112–141 substituted “reimbursed for the preliminary engineering” for “made available for such engineering”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–141 substituted “reimbursed for the preliminary engineering” for “made available for such engineering”.

   Enacted provision · exact public law section
   SEC. 1502. PROGRAM EFFICIENCIES.   The first sentence of section 102(b) of title 23, United States Code, is amended by striking “made available for such engineering” and inserting “reimbursed for the preliminary engineering”.

10. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 div. A title I § 11310(a) · 135 Stat. 429

    1. Amended · 23 U.S.C. § 102

       Pub. L. 117–58 designated second sentence of subsec. (a) as subsec. (b)

    2. Inserted · 23 U.S.C. § 102

       Pub. L. 117–58 inserted heading

    3. Struck · 23 U.S.C. § 102

       Pub. L. 117–58 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) In General.— Section 102 of title 23, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), in the second sentence, by striking “Nothing in this subsection” and inserting the following: “(b) Savings Provision.— Nothing in this section” .

    Effective date note
    Amendment 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.

15 of 16 references resolved to an enrolled provision · 1 partial