§ 119. National highway performance program

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. 1978

   Federal-Aid Highway Act of 1978

   Pub. L. 95–599 title I § 116(a) · 92 Stat. 2689

   Enacted · 23 U.S.C. § 119

   Added Pub. L. 95–599, title I, § 116(a), Nov. 6, 1978, 92 Stat. 2698

   Source evidence

   Code source credit
   Added Pub. L. 95–599, title I, § 116(a), Nov. 6, 1978, 92 Stat. 2698

   Enacted provision · exact public law section
   (a) Chapter 1 of title 23 of the United States Code is amended by inserting immediately after section 118 the following new section: “§ 119. Interstate System resurfacing “(a) Beginning with funds apportioned for fiscal year 1980, the Project approval. Secretary may approve projects for resurfacing, restoring, and rehabilitating those lanes in use for more than five years on the Interstate System (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Ante, p. 2692. Post, p. 2699. 23 USC 120. Act of 1978). Sums authorized to be appropriated for this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title and the Federal share shall be that set forth in section 120(a) of this title. “(b) Not later than one year after the date of issuance of initial Program, certification and compliance. Post, p. 2699. Apportionment reduction, determination. guidelines under section 109(m) of this title each State shall have a program for the Interstate system in accordance with such guidelines. Each State shall certify on October 1st of each year that it has such a program and the Interstate system is maintained in accordance with that program. If a State fails to certify as required or if the Secretary determines a State is not adequately maintaining the Interstate system in accordance with such program then the funds apportioned to such State for that fiscal year for the Interstate system shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this title. If, within one year from the date the apportionment for a State is reduced under this subsection, the Secretary determines that such State is maintaining the Interstate system in accordance with the guidelines the apportionment of such State shall be increased by an amount equal to the reduction. If the Secretary does not make such a determination within such one year period the amount so withheld shall be reapportioned to all other eligible States.”.

2. 1979

   Pub. L. 96–106 § 18 · 93 Stat. 796

   1. Substituted · 23 U.S.C. § 119(b)

      Pub. L. 96–106 substituted “January 1st” for “October 1st”

   2. Substituted · 23 U.S.C. § 119(b)

      Pub. L. 96–106 substituted “next apportionment of funds to such State” for “funds apportioned to such State for that fiscal year”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–106 substituted “January 1st” for “October 1st” and “next apportionment of funds to such State” for “funds apportioned to such State for that fiscal year”.

   Enacted provision · exact public law section
   Sec. 18. Section 119(b) of title 23, United States Code, is amended by 92 Stat. 2698. deleting the date “October 1st” in the second sentence and inserting in lieu thereof the date “January 1st”, and by deleting “funds apportioned to such State for that fiscal year” in the third sentence and inserting in lieu thereof “next apportionment of funds to such State”.

3. 1981

   Pub. L. 97–134 · 95 Stat. 1699

   1. Substituted · 23 U.S.C. § 119(a)

      Pub. L. 97–134, §§ 6(a), 7, substituted “rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of this title” for “and rehabilitating those lanes in use for more than five years on the Interstate System”

   2. Inserted · 23 U.S.C. § 119(a)

      Pub. L. 97–134, §§ 6(a), 7, inserted provision that effective on and after Dec. 29, 1981, the Federal share for projects financed by funds apportioned under section 104(b)(5)(B) of this title for resurfacing, restoring, rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of this title shall be that set forth in section 120(c) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–134, §§ 6(a), 7, substituted “rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of this title” for “and rehabilitating those lanes in use for more than five years on the Interstate System”, and inserted provision that effective on and after Dec. 29, 1981, the Federal share for projects financed by funds apportioned under section 104(b)(5)(B) of this title for resurfacing, restoring, rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of this title shall be that set forth in section 120(c) of this title.

4. 1981

   Pub. L. 97–134 § 6(b) · 95 Stat. 1699

   Added · 23 U.S.C. § 119(b)

   Pub. L. 97–134, § 6(b), added subsec. (b) providing that reconstruction may include the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–134, § 6(b), added subsec. (b) providing that reconstruction may include the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary.

   Enacted provision · exact public law section
   (b) Section 119 of title 23, United States Code, is further amended by adding the following new subsection: “(b) Reconstructing as authorized in subsection (a) of this section may include, but is not limited to, the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary.”.

5. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 116(a)(1) · 96 Stat. 2097

   Inserted · 23 U.S.C. § 119(a)

   Pub. L. 97–424, § 116(a)(1), inserted provision that, additionally, beginning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof on the Interstate System designated before Jan. 6, 1983, under section 139(a) of this title (other than routes on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) which routes or portions were so designated in conjunction with the withdrawal of approval of another route or portion thereof on the Interstate System under section 103(e)(4) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–424, § 116(a)(1), inserted provision that, additionally, beginning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof on the Interstate System designated before Jan. 6, 1983, under section 139(a) of this title (other than routes on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) which routes or portions were so designated in conjunction with the withdrawal of approval of another route or portion thereof on the Interstate System under section 103(e)(4) of this title.

   Enacted provision · exact public law section
   (1) Section 119(a) of title 23, United States Code, is amended by inserting after the first sentence the following: “In addition to projects approved under the preceding sentence, beginning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof on the Interstate System designated before the date of enactment of this sentence under section 139(a) of this title (other than routes on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) which routes or portions were so 92 Stat. 2692. designated in conjunction with the withdrawal of approval of another route or portion thereof on the Interstate System under section 103(e)(4) of this title.”. Ante, p. 2101

6. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 116(a)(2) · 96 Stat. 2097

   Substituted · 23 U.S.C. § 119(a)

   Pub. L. 97–424, § 116(a)(2), substituted “under this subsection” for “designated under sections 103 and 139(c) of this title” before “shall be that set forth in section 120(c) of this title”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–424, § 116(a)(2), substituted “under this subsection” for “designated under sections 103 and 139(c) of this title” before “shall be that set forth in section 120(c) of this title”.

   Enacted provision · exact public law section
   (2) The last sentence of section 119(a) of title 23, United States Code, is amended by striking out “designated under sections 103 and 139(c) of this title” and inserting in lieu thereof “under this subsection”.

7. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 116(b) · 96 Stat. 2097

   Redesignated · 23 U.S.C. § 119(b); 23 U.S.C. § 119(c)

   Pub. L. 97–424, § 116(b), redesignated the second of two sections designated (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 97–424, § 116(b), redesignated the second of two sections designated (b) as (c).

   Enacted provision · exact public law section
   (b) The last subsection of section 119 of title 23, United States Code, is relettered as subsection (c).

8. 1983

   Surface Transportation Assistance Act of 1982

   Pub. L. 97–424 § 116(c) · 96 Stat. 2097

   Added · 23 U.S.C. § 119(d)

   Pub. L. 97–424, § 116(c), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–424, § 116(c), added subsec. (d).

   Enacted provision · exact public law section
   (c) Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(d) Upon application by a State and approval by the Secretary, the Secretary may authorize the transfer of so much of the amount apportioned to such State for any fiscal year under paragraph (5)(A) of subsection (b) of section 104 of this title, as does not exceed the Federal share of the cost of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under paragraph (5)(B) of subsection (b) of section 104 of this title, except that not more than 50 per centum of the total apportionment under such paragraph (5)(A) for a fiscal year shall be transferred under this subsection for such fiscal year. The next cost estimate submitted to Congress under paragraph (5)(A) of subsection (b) of such section 104 of the cost of completing segments of the Interstate System open to traffic in that State (other than high occupancy vehicle lanes) shall be reduced for such State in an amount equal to the amount transferred under this subsection.”.

9. 1984

   Pub. L. 98–229 § 8(b) · 98 Stat. 55

   Substituted · 23 U.S.C. § 119(a)

   Pub. L. 98–229 substituted provision authorizing the Secretary to approve projects designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before Mar. 9, 1984, under section 139(a) and (b) of this title for provision authorizing the Secretary, beginning with funds apportioned for the fiscal year 1980, to approve projects under sections 103 and 139(c) of this title and, beginning with funds apportioned for fiscal year 1984, to approve routes or portions thereof on the Interstate System designated before Jan. 6, 1983, under section 139(a) of this title, which routes or portions were so designated in conjunction with the withdrawal of approval of another route or portion on the Interstate System under section 103(e)(4) of this title and provision that the Federal share be that as set forth in section 120(c) of this title for provision that the Federal share be that as set forth in section 120(a) of this title and that effective on or after Dec. 29, 1981, the Federal share be that as set forth in section 120(c) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–229 substituted provision authorizing the Secretary to approve projects designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before Mar. 9, 1984, under section 139(a) and (b) of this title for provision authorizing the Secretary, beginning with funds apportioned for the fiscal year 1980, to approve projects under sections 103 and 139(c) of this title and, beginning with funds apportioned for fiscal year 1984, to approve routes or portions thereof on the Interstate System designated before Jan. 6, 1983, under section 139(a) of this title, which routes or portions were so designated in conjunction with the withdrawal of approval of another route or portion on the Interstate System under section 103(e)(4) of this title and provision that the Federal share be that as set forth in section 120(c) of this title for provision that the Federal share be that as set forth in section 120(a) of this title and that effective on or after Dec. 29, 1981, the Federal share be that as set forth in section 120(c) of this title.

   Enacted provision · exact public law section
   (b) Subsection (a) of section 119 of title 23, United States Code, is amended to read as follows: “(a) The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing routes on the Interstate System 23 USC 103, 139. designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before the date of enactment of this sentence under section 139 (a) and (b) of this title; except that the Secretary may only approve a project pursuant to this subsection on a toll road if such road is subject to a Secretarial agreement 92 Stat. 2692. provided for in section 105 of the Federal-Aid Highway Act of 1978. Sums authorized to be appropriated for this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title. The Federal share for any project under this subsection shall be that set forth in section 120(c) 23 USC 120. Bridges. Illinois. of this title.”.

10. 1985

    Pub. L. 99–190 § 101(e)(tIII)(s327) · 99 Stat. 1185

    Inserted · 23 U.S.C. § 119(d)

    Pub. L. 99–190 inserted provisions which brought within the phrase “segments of the interstate system open to traffic” a proposed four-lane limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing highway originally built without the aid of Federal funds, connecting to the east with an interstate highway on which tolls are charged, with the proposed highway to include a bridge over the Monongahela River

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–190 inserted provisions which brought within the phrase “segments of the interstate system open to traffic” a proposed four-lane limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing highway originally built without the aid of Federal funds, connecting to the east with an interstate highway on which tolls are charged, with the proposed highway to include a bridge over the Monongahela River.

    Enacted provision · exact public law section
    (e) Such amounts as may be necessary for projects or activities provided for in the Department of Transportation and Related Infra. Agencies Appropriations Act, 1986, at a rate for operations and to the extent and in the manner provided for in the following Act; this subsection shall be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1986, and for other purposes TITLE I— DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Salaries and Expenses For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $30,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine, $51,300,000, together with $500,000 of the unobligated balances available under this head at the beginning of fiscal year 1986, and of which $3,500,000 shall remain available until expended and shall be available for the purposes of the Minority Business Resource Center as authorized by 49 U.S.C. 332: Provided, That, notwithstanding any other provision of law, funds available for the purposes of the Minority Business Resource Center in this or any other Act may be used for business opportunities related to any mode of transportation. Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, and university research and internships, to remain available until expended, $3,500,000. Working Capital Fund Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $64,500,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriation Acts to the Department of Transportation, together with advances and reimbursements received by the Department of Transportation. Payments to Air Carriers For payments to air carriers of so much of the compensation fixed and determined under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as is payable by the Department of Transportation, $28,000,000, to remain available until expended. COAST GUARD Operating Expenses (including transfer of funds) For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles for replacement only; and recreation and welfare, $1,652,000,000, of which $10,000,000 shall be derived from unobligated balances of “Pollution fund” and of which $15,000,000 snail be expended from the Boat Safety Account: Provided, That, notwithstanding any other provision of law, of the funds available under this head $789,800,000 shall be available for compensation and benefits of military personnel: Provided further, That, of the funds available under this head, not less than $328,000,000 shall be available for drug enforcement activities: Provided further, That the number of aircraft on hand at any one time shall not exceed two hundred and ten, exclusive of planes and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 103 except to the extent fees are collected from yacht owners and credited to this appropriation. Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; to remain available until September 30, 1990, $217,300,000: Provided, That the Secretary of Transportation shall issue regulations requiring that written warranties shall be included in all contracts with prime contractors for major systems acquisitions of the Coast Guard: Provided further, That any such written warranty shall not apply in the case of any system or component thereof that has been furnished by the Government to a contractor: Provided further, That the Secretary of Transportation may provide for a waiver of the requirements for a warranty where: (1) the waiver is necessary in the interest of the national defense or the warranty would not be cost effective; and (2) the Committees on Appropriations of the Senate and the House of Representatives are notified in writing of the Secretary’s intention to waive and reasons for waiving such requirements: Provided further, That the requirements for such written warranties shall not cover combat damage. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $5,200,000, to remain available until expended. Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C., ch. 55), $351,800,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services, $61,502,000. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $21,000,000, to remain available until expended: Provided, That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources and foreign countries, for expenses incurred for research, development, testing, and evaluation. Offshore Oil Pollution Compensation Fund For necessary expenses to carry out the provisions of title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95–372), $1,000,000, to be derived from the Offshore Oil Pollution Compensation Fund and to remain available until expended. In addition, to the extent that available appropriations are not adequate to meet the obligations of the Fund, the Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations in such amounts and at such times as may be necessary: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $60,000,000 in fiscal year 1986 for the “Offshore Oil Pollution Compensation Fund”. Deepwater Port Liability Fund For necessary expenses to carry out the provisions of section 18 of the Deepwater Port Act of 1974 (Public Law 93–627), $1,000,000, to be derived from the Deepwater Port Liability Fund and to remain available until expended. In addition, to the extent that available appropriations are not adequate to meet the obligations of the Fund, the Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations in such amounts and at such times as may be necessary: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $50,000,000 in fiscal year 1986 for the “Deepwater Port Liability Fund”. Boat Safety (Liquidation of Contract Authorization) For payment of obligations incurred for recreational boating safety assistance under Public Law 92–75, as amended, $30,000,000, to be derived from the Boat Safety Account and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $30,000,000 in fiscal year 1986 for recreational boating safety assistance: Provided further, That no obligations may be incurred for the improvement of recreational boating facilities. FEDERAL AVIATION ADMINISTRATION Headquarters Administration (including transfer of funds) For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Federal Aviation Administration, including but not limited to accounting, budgeting, personnel, legal, public affairs, and executive direction for the Federal Aviation Administration, $64,400,000: Provided, That the Secretary of Transportation is authorized to transfer appropriated funds between this appropriation and the Federal Aviation Administration appropriation for operations: Provided further, That this appropriation shall be neither increased nor decreased by more than 2 per centum by any such transfers: Provided further, That any such transfers shall be reported to the Committees on Appropriations. Operations For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development, and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act, as amended, or other provisions of law authorizing obligation of funds for similar programs of airport and airway development or improvement; purchase of four passenger motor vehicles for replacement only, $2,694,600,000, of which not to exceed $446,000,000 shall be derived from the Airport and Airway Trust Fund: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities: Provided further, That none of these funds shall be available for new applicants for the second career training program. Facilities and Equipment (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations of officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1990, $993,000,000: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That of the funds available under this head, $10,000,000 shall be available for the Secretary of Transportation to enter into grant agreements with universities or colleges to conduct demonstration projects in the development, advancement, or expansion of airway science curriculum programs, and such funds, which shall remain available until expended, shall be made available under such terms and conditions as the Secretary of Transportation may prescribe, to such universities or colleges for the purchase or lease of buildings and associated facilities, instructional materials, or equipment to be used in conjunction with airway science curriculum programs. Research, Engineering and Development (Airport and Airway Trust Fund) (including transfer of funds) For necessary expenses, not otherwise provided for, for research, engineering and development, in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $190,000,000, together with $15,000,000 to be transferred from unobligated balances of “Facilities and equipment”, of which $3,036,412 shall be available for icing and related next generation weather radar atmospheric research to be conducted by the University of North Dakota, $2,000,000 shall be available for the Center for Research and Training in Information-based Aviation and Transportation Management at Barry University and $2,000,000 shall be available for the Institute for Aviation Safety Research at Wichita State University: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. Grants-in-Aid for Airports (Liquidation of Contract Authorization) (Airport and Airway Trust Fund) For liquidation of obligations incurred for airport planning and development under section 14 of Public Law 91–258, as amended, and under other law authorizing such obligations, and obligations for noise compatibility planning and programs, $693,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $925,000,000 in fiscal year 1986 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 506(e)(4) of the Airport and Airway Improvement Act of 1982. Operation and Maintenance, Metropolitan Washington Airports For expenses incident to the care, operation, maintenance, improvement, and protection of the federally-owned civil airports in the vicinity of the District of Columbia, including purchase of eight passenger motor vehicles for police use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition, $34,100,000: Provided, That there may be credited to this appropriation funds received from air carriers, concessionaires, and non-federal tenants sufficient to cover utility and fuel costs which are in excess of $6,682,000: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, or private sources, for expenses incurred in the maintenance and operation of the federally-owned civil airports. Construction, Metropolitan Washington Airports For necessary expenses for construction at the federally-owned civil airports in the vicinity of the District of Columbia, $7,000,000, to remain available until September 30, 1988. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation insurance activities under said Act. Aircraft Purchase Loan Guarantee Program The Secretary of Transportation may hereafter issue notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such obligations may be issued to pay any necessary expenses required pursuant to any guarantee issued under the Act of September 7, 1957, Public Law 85–307, as amended (49 U.S.C. 1324 note). The aggregate amount of such obligations during fiscal year 1986 shall not exceed $75,000,000. Such obligations shall be redeemed by the Secretary from appropriations authorized by this section. The Secretary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under the subsection. The Secretary of the Treasury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchases, redemptions, and sales of such obligations by such Secretary shall be treated as public debt transactions of the United States. FEDERAL HIGHWAY ADMINISTRATION Limitation on General Operating Expenses Necessary expenses for administration, operation, and research of the Federal Highway Administration, not to exceed $203,761,000, shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That not to exceed $48,415,000 of the amount provided herein shall remain available until expended: Provided further, That all unobligated amounts made available under this head in prior fiscal years for the establishment and implementation of a demonstration bonding program for economically and socially disadvantaged businesses shall remain available for such purposes until expended: Provided further, That, notwithstanding any other provision of law, there may be credited to this account funds received from States, counties, municipalities, other public authorities and private sources, for training expenses incurred for non-federal employees: Provided further, That none of the funds provided in this Act shall be used for the approval of, or to pay the salary of any person who approves projects to construct a landfill in the Hudson River as part of an Interstate System highway in New York City. Highway Safety Research and Development (Highway Trust Fund) For necessary expenses in carrying out provisions of sections 307(a) and 403 of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $8,500,000. Highway-Related Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $9,000,000 to be derived from the Highway Trust Fund: Provided, That not to exceed $100,000 of the amount appropriated herein shall be available for “Limitation on general operating expenses”: Provided further, That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $10,000,000 in fiscal year 1986 for “Highway-related safety grants”. Highway Beautification Funds appropriated and obligated to carry out sections 131 and 136 of title 23, United States Code, which have been deobligated subsequent to enactment of this Act shall remain available until expended. Railroad-Highway Crossings Demonstration Projects For necessary expenses of certain railroad-highway crossings demonstration projects as authorized by section 163 of the Federal-Aid Highway Act of 1973, as amended, to remain available until expended, $16,000,000, of which $10,666,667 shall be derived from the Highway Trust Fund: Provided, That the unobligated balance of funds appropriated in Public Law 93–98 for Wheeling, West Virginia, is hereby made available for allocation to carry out highway projects on the Federal-aid system in Wheeling, West Virginia at full federal expense. Federal-Aid Highways (Liquidation of Contract Authorization) (Highway Trust Fund) For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $13,836,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $12,750,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1986, except that this limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, obligations under section 157 of title 23, United States Code, projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, subsections 131 (b) and (j) of Public Law 97-424, section 118 of the National Visitors Center Facilities Act of 1968, or section 320 of title 23, United States Code. Right-of-Way Revolving Fund (Limitation on Direct Loans) (Highway Trust Fund) During fiscal year 1986 and with the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $50,000,000. Motor Carrier Safety For necessary expenses to carry out the motor carrier safety functions of the Secretary as authorized by the Department of Transportation Act (80 Stat. 939–940), $13,900,000, of which $953,000 shall remain available until expended, and not to exceed $1,601,000 shall be available for “Limitation on general operating expense”. Motor Carrier Safety Grants (Highway Trust Fund) For necessary expenses to carry out provisions of section 402 of Public Law 97–424, $17,000,000, to be derived from the Highway Trust Fund and to remain available until September 30, 1989. Access Highways to Public Recreation Areas on Certain Lakes (including transfer of funds) For necessary expenses of certain access highway projects, as authorized by section 155, title 23, United States Code, to remain available until expended, $10,000,000, of which $5,000,000 shall be derived from unobligated balances of “Research, training, and human resources”. Baltimore-Washington Parkway (Highway Trust Fund) For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Baltimore-Washington Parkway, to remain available until expended, $3,000,000 to be derived from the Highway Trust Fund and to be withdrawn therefrom at such times and in such amounts as may be necessary: Provided, That, notwithstanding subsection (b) of section 146 of the Federal-Aid Highway Act of 1970 and any agreement entered into under such subsection, the Secretary of the Interior shall not be required to convey to the State of Maryland any portion of the Baltimore-Washington Parkway located in the State of Maryland, and the State of Maryland shall not be required to accept conveyance of any such portion: Provided further, That funds authorized by such section may be expended without regard to any requirement of such an agreement that such portion of the Baltimore-Washington Parkway be conveyed to the State of Maryland. Waste Isolation Pilot Project Roads For necessary expenses in connection with the upgrading of certain highways for the transportation of nuclear waste generated during defense-related activities, not otherwise provided for, $7,000,000, to remain available until expended. Rail Line Consolidation Project (transfer of funds) For necessary expenses to carry out a project to consolidate two rail lines on a common alignment in the vicinity of Orange, Texas, that demonstrates methods by which a rail line consolidation project will reduce motor vehicle traffic congestion and increase employment, to remain available until expended, $4,000,000 to be derived from unobligated balances of “Research, training, and human resources”. Airport-Highway Demonstration Project (transfer of funds) For necessary expenses to carry out a highway project to depress a highway in Shawnee, Oklahoma, that demonstrates methods of improving air service to a small community by extension of a runway over a depressed road, to remain available until expended, $1,350,000 to be derived from unobligated balances of “Research, training, and human resources”. Expressway Gap Closing Demonstration Project For necessary expenses to carry out a highway construction project along State Route 113 in north-central California that demonstrates methods of reducing motor vehicle congestion and increasing employment, there is authorized to be appropriated $23,500,000, to remain available until expended, of which $9,000,000 is hereby appropriated: Provided, That such funds shall be exempt from any limitation on obligations for Federal-aid highways and highway safety construction programs. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research (including transfers of funds) For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, as amended), $88,851,000, of which $5,000,000 shall be derived from unobligated balances of “Research, training, and human resources”, and of which $29,894,000 shall be derived from the Highway Trust Fund: Provided, That not to exceed $36,296,000 shall remain available until expended, of which $14,833,000 shall be derived from the Highway Trust Fund: Provided further, That, of the funds available under this head, $10,000,000 shall be available to implement the recommendations of the 1985 National Academy of Sciences report on trauma research: Provided further, That for the purpose of carrying out a national program to encourage the use of automobile passive restraints as authorized by 23 U.S.C. 403, an additional $500,000 is available to be derived from unobligated balances of “Carpool and vanpool projects”. Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 406 and 408, and section 209 of Public Law 95–599, as amended, to remain available until expended, $149,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $126,500,000 in fiscal year 1986 for “State and community highway safety” authorized under 23 U.S.C. 402: Provided further, That none of these funds shall be used for construction, rehabilitation or remodeling costs or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $28,800,000 for “Alcohol safety incentive grants” authorized under 23 U.S.C. 408: Provided further, That none of the funds in this Act shall be available for the planning or execution of programs authorized by section 209 of Public Law 95–599, as amended, the total obligations for which are in excess of $5,000,000 in fiscal years 1983, 1984, 1985, and 1986: Provided further, That not to exceed $5,000,000 shall be available for administering the provisions of 23 U.S.C. 402. FEDERAL RAILROAD ADMINISTRATION Office of the Administrator For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $10,120,000. Railroad Safety For necessary expenses in connection with railroad safety, not otherwise provided for, $27,764,000, of which $1,500,000 shall remain available until expended. Railroad Research and Development For necessary expenses for railroad research and development, $10,600,000, to remain available until expended. Rail Service Assistance For necessary expenses for rail service assistance authorized by section 5 of the Department of Transportation Act, as amended, for Washington Union Station, as authorized by Public Law 97–125, and for necessary administrative expenses in connection with federal rail assistance programs not otherwise provided for, $20,200,000, to remain available until expended: Provided, That none of the funds provided under this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and that no new commitments to guarantee loans under section 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further, That none of the funds in this Act shall be available for the acquisition, sale or transference of Washington Union Station without the prior approval of the House and Senate Committees on Appropriations: Provided further, That, of the funds available under this head, $15,000,000 shall be available for allocation to the States under section 5(h)(2) of the Department of Transportation Act, as amended: Provided further, That, notwithstanding any other provision of law, a State may not apply for fiscal year 1986 funds available under section 5(h)(2) until such State has expended all funds granted to it in the fiscal years prior to the beginning of fiscal year 1981, other than funds not expended due to pending litigation: Provided further, That a State denied funding by reason of the immediately preceding proviso may still apply for and receive funds for planning purposes: Provided further, That, not- withstanding any other provision of law, of the funds available under section 5(n)(2), $10,000,000 shall be made available for use under sections 5(h)(3)(B)(ii) and 5(h)(3)(C) of the Department of Transportation Act, as amended, notwithstanding the limitations set forth in section 5(h)(3)(B)(ii). Conrail Labor Protection Such sums as may be necessary shall be made available for necessary expenses of administration of section 701 of the Regional Rail Reorganization Act of 1973 by the Railroad Retirement Board. Northeast Corridor Improvement Program For necessary expenses related to Northeast Corridor improvements authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.), $12,500,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, the provisions of Public Law 85–804 shall apply to the Northeast Corridor Improvement Program: Provided further, That the Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if such action would serve a public purpose: Provided further, That all public at grade-level crossings remaining along the Northeast Corridor upon completion of the project shall be equipped with protective devices including gates and lights. Grants to the National Railroad Passenger Corporation (including transfers of funds) To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for operating losses incurred by the Corporation, capital improvements, and labor protection costs authorized by 45 U.S.C. 565, to remain available until expended, $616,000,000, of which $23,000,000 shall be derived from unobligated balances of “Conrail labor protection” and $5,500,000 shall be derived from unobligated balances of “Rail labor assistance” as of September 30, 1985: Provided, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status: Provided further, That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1986: Provided further, That the incurring of any obligation or commitment by the Corporation for the purchase of capital improvements prohibited by this Act or not expressly provided for in an appropriation Act shall be deemed a violation of 31 U.S.C. 1341: Provided further, That no funds are required to be expended or reserved for expenditure pursuant to 45 U.S.C. 601(e): Provided further, That none of the funds in this or any other Act shall be made available to finance the rehabilitation and other improvements (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service) on the main line track between Atlantic City, New Jersey, and the main line of the Northeast Corridor, unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvements shall be derived from non-federal sources: Provided further, That, notwithstanding any other provision of law, the National Railroad Passenger Corporation shall not operate rail passenger service between Atlantic City, New Jersey, and the Northeast Corridor main line unless the Corporation’s Board of Directors determines that revenues from such service have covered or exceeded 80 per centum of the short term avoidable costs of operating such service in the first year of operation and 100 per centum of the short term avoidable operating costs for each year thereafter: Provided further, That none of the funds provided in this or any other Act shall be made available to Finance the acquisition and rehabilitation of a line, and construction necessary to facilitate improved rail passenger service, between Spuyten Duyvil, New York, and the main line of the Northeast Corridor unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvement shall be derived from non-Amtrak sources. Railroad Rehabilitation and Improvement Financing Funds The total commitments to guarantee new loans pursuant to sections 511 through 513 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, shall not exceed $4,000,000 of contingent liabilities for loan principal during fiscal year 1986: Provided, That the Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided further, That the aggregate amount of such notes or other obligations during fiscal year 1986 shall not exceed $100,000,000. Redeemable Preference Shares Notwithstanding any other provision of law, the Secretary of Transportation is hereby authorized to expend proceeds from the sale of fund anticipation notes to the Secretary of the Treasury and any other moneys deposited in the Railroad Rehabilitation and Improvement Fund pursuant to sections 502, 505–507, and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, and section 803 of Public Law 95–620, for uses authorized for the Fund, in amounts not to exceed $33,500,000. Conrail Commuter Transition Assistance (transfer of funds) For necessary capital expenses of Conrail commuter transition assistance, not otherwise provided for, $5,000,000 to be derived from unobligated balances of “Research, training, and human resources” and to remain available until expended. URBAN MASS TRANSPORTATION ADMINISTRATION Administrative Expenses For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq), and 23 U.S.C. chapter 1, in connection with these activities, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $30,000,000, of which not to exceed $650,000 shall be available for the Office of the Administrator. Research, Training, and Human Resources For necessary expenses for research, training, and human resources as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $17,400,000: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities and private sources, for expenses incurred for training. Formula Grants For necessary expenses to carry out the provisions of sections 9 and 18 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $2,150,000,000, to remain available until expended. Discretionary Grants None of the funds in this Act shall be available for the implementation or execution of programs in excess of $1,045,500,000 in fiscal year 1986 for grants under the contract authority authorized in section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.). Liquidation of Contract Authorization For payment of obligations incurred in carrying out section 21(a)(2) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass Transportation Administration, $775,000,000, to be derived from the Highway Trust Fund and to remain available until expended. Interstate Transfer Grants—Transit (including transfer of funds) For necessary expenses to carry out the provisions of 23 U.S.C. 103(e)(4) related to transit projects, to remain available until September 30, 1987, $218,750,000, of which $18,750,000 shall be derived from unobligated balances of “Research, training, and human resources”. Washington Metro For necessary expenses to carry out the provisions of section 14 of Public Law 96–184, $227,000,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year except as hereinafter provided. Limitation on Administrative Expenses Not to exceed $1,916,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 shall be available for services as authorized by 5 U.S.C. 3109. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Research and Special Programs For expenses necessary to discharge the functions of the Research and Special Programs Administration, for expenses for conducting research and development and for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $19,300,000, of which $6,975,000 shall remain available until expended. OFFICE OF THE INSPECTOR GENERAL Salaries and Expenses For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $27,600,000. TITLE II— RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $1,975,000. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18; uniforms, or allowances therefor, as authorized by law (5 U.S.C 5901–5902), $22,300,000, of which not to exceed $500 may be used for official reception and representation expenses. INTERSTATE COMMERCE COMMISSION Salaries and Expenses (including transfer of funds) For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $50,480,000, of which $2,300,000 shall be derived from unobligated balances of “Payments for directed rail service”: Provided, That joint board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such. Payments for Directed Rail Service None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $1,000,000 for directed rail service authorized under 49 U.S.C. 11125 or any other legislation. PANAMA CANAL COMMISSION Operating Expenses For operating expenses necessary for the Panama Canal Commission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); not to exceed $10,000 for official reception and representation expenses of the Board; operation of guide services; residence for the Administrator; disbursements by the Administrator for employee and community projects; not to exceed $1,000 for official reception and representation expenses of the Secretary; not to exceed $25,000 for official reception and representation expenses of the Administrator; and to employ services as authorized by law (5 U.S.C. 3109); $400,284,000, to be derived from the Panama Canal Commission Fund: Provided, That there may be credited to this appropriation funds received from the Panama Canal Commission’s capital outlay account for expenses incurred for supplies and services provided for capital projects. Capital Outlay For acquisition, construction, replacement, and improvement of facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed forty-four passenger motor vehicles for replacement only (including large heavy-duty vehicles used to transport Commission personnel across the Isthmus of Panama, the purchase price of which shall not exceed $14,000 per vehicle); to employ services authorized by law (5 U.S.C. 3109); $25,500,000 to be derived from the Panama Canal Commission Fund and to remain available until expended. DEPARTMENT OF THE TREASURY Office of the Secretary investment in fund anticipation notes For the acquisition, in accordance with section 509 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, and section 803 of Public Law 95–620, of fund anticipation notes, $33,500,000. UNITED STATES RAILWAY ASSOCIATION Administrative Expenses For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Regional Rail Reorganization Act of 1973, as amended, to remain available until expended, $2,400,000, of which not to exceed $500 may be available for official reception and representation expenses. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Interest Payments For necessary expenses for interest payments, to remain available until expended, $51,663,569: Provided, That these funds shall be disbursed pursuant to terms and conditions established by Public Law 96–184 and the Initial Bond Repayment Participation Agreement. TITLE III— GENERAL PROVISIONS Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official departmental business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 302. Funds appropriated for the Panama Canal Commission may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 1341), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. Sec. 303. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18. Sec. 305. None of the funds appropriated in this Act for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing TIAS 10029. those treaties. Sec. 306. None of the funds provided in this Act may be used for Prohibitions. Connecticut. planning or construction of rail-highway crossings under section 322(a) of title 23, United States Code, or under section 701(a)(5) or section 703(1)(A) of the Railroad Revitalization and Regulatory Reform Act of 1976 at the— 45 USC 851, 853. (1) School Street crossing in Groton, Connecticut; and (2) Broadway Extension crossing in Stonington, Connecticut. Sec. 307. None of the funds in this Act shall be used for the Prohibitions. planning or execution of any program to pay the expenses of, or otherwise compensate, non-federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 308. None of the funds in this Act shall be used to assist, Prohibitions. Motor vehicles. directly or indirectly, any State in imposing mandatory State inspection fees or sticker requirements on vehicles which are lawfully registered in another State, including vehicles engaged in interstate commercial transportation which are in compliance with Part 396— Inspection and Maintenance of the Federal Motor Carrier Safety Regulations of the United States Department of Transportation. Sec. 309. None of the funds contained in this Act shall remain Prohibitions. available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 310. Notwithstanding any other provision of law, total amounts of contract authority authorized for Fiscal year 1986 in section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as amended, shall be available for obligation through fiscal year 1989. 49 USC app. 1617. Sec. 311. None of the funds in this or any other Act shall be available for the planning or implementation of any change in the current federal status of the Transportation Systems Center. Sec. 312. The expenditure of any appropriation under this Act for Contracts. any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. Sec. 313. (a) For fiscal year 1986 the Secretary of Transportation Highways. 23 USC 104 note. shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1985, no State shall obligate more than 40 per centum of the amount distributed to such State under subsection (a), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection. (c) Notwithstanding subsections (a) and (b), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1, 1986, revise a distribution of the funds made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation 23 USC 101 note. 23 USC 101 note. Assistance Act of 1982 and the Federal-Aid Highway Act of 1981, have experienced substantial proportional reductions in their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses and the Federal Lands Highway Programs. Sec. 314. None of the funds in this Act shall be available for salaries and expenses of more than one hundred thirty-eight political appointees in the Department of Transportation. Sec. 315. Not to exceed $1,700,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees. Sec. 316. The limitation on obligations for Federal-aid highways and highway safety construction programs for fiscal year 1986 shall not apply to obligations for the remaining approach and bridge removal work necessary to complete the new bridge alignment for the Zilwaukee Bridge. Sec. 317. (a) Section 5(b)(2) of the Urban Mass Transportation Act of 1964 is amended by inserting after the first sentence the following new sentence: “Any funds apportioned for fiscal year 1982 or 1983 under subsection (a) for expenditure in an urbanized area with a population of less than 200,000 may be expended in an urbanized area with a population of 200,000 or more.”. (b) Section 5(c)(4) of the Urban Mass Transportation Act of 1964 is amended by striking the period at the end of the first sentence, and inserting the following: “except that any fiscal year 1982 funds made available to a Governor under section 5 (b)(2) of the Urban Mass Transportation Act of 1964, as amended, that are unobligated as of October 1, 1985, or become unobligated thereafter, shall remain available for expenditure under section 5 until October 1, 1986.” Sec. 318. Notwithstanding any other provision of law, within 60 days of the effective date of this Act the Urban Mass Transportation Administration shall reapportion under section 9 of the Urban Mass Transportation Act of 1964, as amended, those funds available for 49 USC app. 1607a. 49 USC app. 1604. Prohibitions. Michigan. reapportionment pursuant to subsection (c)(4) of section 5 of that Act. Sec. 319. None of the funds in this or any other Act shall be made available for the proposed Woodward light rail line in the Detroit, Michigan, area until a source of operating funds has been approved in accordance with Michigan law: Provided, That this limitation shall not apply to alternatives analysis studies under section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as 49 USC app. 1617. Contracts. amended. Sec. 320. The Secretary of Transportation shall enter into negotiations for full funding contracts with the appropriate local governmental authorities to construct (1) the minimum operable segment, MOS–1, of the downtown Los Angeles to San Fernando Valley Metro Rail project; (2) the north and south legs of the downtown component of metrorail in Dade County, Florida; and (3) the downtown transit project (bus tunnel) in Seattle, Washington: Provided, That the Secretary shall commence negotiations with appropriate local authorities to enter into such contracts no later than 30 days after enactment and shall conclude such negotiations no later than 90 days after enactment: Provided further, That such contracts shall cover total project costs including federal financial participation consisting of fiscal year 1984 and fiscal year 1985 discretionary grants funding made available pursuant to section 331 of this Act, fiscal year 1986 discretionary grants funding in accordance with the accompanying Joint Explanatory Statement of the Managers, and future funding as made available by the Congress. Sec. 321. The Urban Mass Transportation Administration shall Contract. California. Railroads. enter into a contract with the Southern California Rapid Transit District to conduct a study of the potential methane gas risks relating to the proposed alignment of the Metro Rail project beyond the Minimum Operable Segment, MOS–1. None of the funds described Prohibitions. in section 320 may be made available for any segment of the downtown Los Angeles to San Fernando Valley Metro Rail project unless and until the Southern California Rapid Transit District officially notifies and commits to the Urban Mass Transportation Administration that no part of the Metro Rail project will tunnel into or through any zone designated as a potential risk zone or high potential risk zone in the report of the City of Los Angeles dated June 10, 1985, entitled “Task Force Report on the March 24, 1985 Methane Gas Explosion and Fire in the Fairfax Area”. Funds for this study, in an amount not to exceed $1,000,000, shall be made available from funds previously allocated for the MOS-1 project, commencing within 30 days of enactment. Sec. 322. The limitation on obligations for the Discretionary 49 USC app. 1617 note. Grants Program of the Urban Mass Transportation Administration shall not apply to any authority under section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as amended, previously 49 USC app. 1617. made available for obligation. Sec. 323. (a) Notwithstanding any other provision of law, the Contracts. Secretary of Transportation may use not to exceed one-half of 1 percent of— (1) the funds made available for fiscal year 1986 by section 21(a)(2)9B) of the Urban Mass Transportation Act of 1964, as amended, to carry out section 3 of such Act to contract with any 49 USC app. 1602. person to oversee the construction of any major project under such section; (2) the funds appropriated for fiscal year 1986 pursuant to section 49 USC app. 1617. 49 USC app. 1607a. 21(a)(1) of the Urban Mass Transportation Act of 1964, as amended, to carry out section 9 of such Act to contract with any person to oversee the construction of any major project under such section; (3) the funds appropriated for fiscal year 1986 pursuant to section 21(a)(1) of tne Urban Mass Transportation Act of 1964, 49 USC app. 1614. as amended, to carry out section 18 of such Act to contract with any person to oversee the construction of any major project under such section; (4) the funds appropriated for fiscal year 1986 pursuant to 49 USC app. 1603. section 4(g) of the Urban Mass Transportation Act of 1964, as amended, to contract with any person to oversee the construction of any major public transportation project substituted for an Interstate segment withdrawn under section 103(e)(4) of title 23, United States Code; and (5) the funds appropriated for fiscal year 1986 pursuant to the 83 Stat. 320. National Capital Transportation Act of 1969 to contract with any person to oversee the construction of any major project under such Act. (b) Any contract entered into under subsection (a) shall provide for the payment by the Secretary of Transportation of 100 percent of the cost of carrying out the contract. (c) This section shall take effect on October 1, 1985, and shall cease to be in effect at the close of September 30, 1986. Sec. 324. (a) General Rule.— Tolls collected for motor vehicles on any bridge connecting the borough of Brooklyn, New York, and Staten Island, New York, shall only be collected for those vehicles exiting from such bridge in Staten Island. (b) Enforcement.— The Secretary shall withhold 1 percent of the amount required to be apportioned to the State of New York under sections 104 and 144 of title 23, United States Code, on the first day of the fiscal year succeeding any fiscal year in which tolls collected for motor vehicles on the bridge referred to in subsection (a) are collected for those vehicles exiting from such bridge in the borough of Brooklyn. (c) Period of Applicability.— This section shall apply on and after the 90th day following the date of enactment of this section, except that this section shall not apply after the date on which the Secretary publishes in the Federal Register a determination under subsection (d). (d) Removal of Limitation.— (1) Determination of Secretary.— Subsections (a) and (b) shall cease to be in effect if, upon petition by the Governor of New York under paragraph (2), the Secretary determines that— (A) a substantial loss of revenues has resulted from the limitation imposed by subsection (a), or (B) such limitation has resulted in significant traffic problems, and the Secretary publishes such determination in the Federal Register. (2) Petition.— The Governor of New York may petition the Secretary for a determination under paragraph (1) at any time after a period of six consecutive months in which tolls collected for motor vehicles on the bridge referred to in subsection (a) have been collected only for those vehicles exiting from such bridge in Staten Island. Sec. 325. Notwithstanding section 127 of title 23, United States Wyoming. Highways. Code, the State of Wyoming may conduct a demonstration project for a period not to exceed two years in order to determine the effects on the National System of Interstate and Defense Highways located in Wyoming of the use of such highways by vehicles in excess of 80,000 pounds gross weight but meeting axle and bridge formula specifications in section 127 of title 23, United States Code. Sec. 326. Section 18(e) of the Urban Mass Transportation Act of 49 USC app. 1614. 1964 is amended by adding at the end thereof the following: “For the purpose of this subsection, the term ‘Federal funds or revenues’ does not include funds received by a recipient of funds under this section pursuant to a service agreement with a State or local social service agency or a private social service organization.”. Sec. 327. Section 119(d), 23 U.S.C. is amended by adding at the end Highways. of such section: “Notwithstanding any other provision of law, and for the purposes of this subsection, the phrase ‘segments of the interstate system open to traffic’ shall include a proposed four-lane, limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing interstate highway which was originally built without the aid of funds authorized by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, and which connects to the east with an 23 USC 101 note. interstate highway on which tolls are charged. The construction of the proposed highway shall include a bridge over the Monongahela River.”. Sec. 328. (a) Title XI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1501 et seq.) is amended by adding at the end thereof the following: “Sec. 1118. “aeronautical charts and maps Notwithstanding the provisions of section 1341 of title Claims. 49 USC app. 1519. 31, United States Code, or any other provision of law, the United States Government shall enter into agreements to indemnify any person who publishes a chart or map for use in aeronautics from any claim, or portion of a claim, which arises out of such person’s depiction on such chart or map of any defective or deficient flight procedure or airway, if such flight procedure or airway was— “(1) promulgated by the Federal Aviation Administration; “(2) accurately depicted on such chart or map; and “(3) not obviously defective or deficient.”. (b) The table of contents of the Federal Aviation Act of 1958 is amended by inserting immediately after the item relating to section 1117 the following: “Sec. 1118. Aeronautical charts and maps.”. Sec. 329. Notwithstanding section 108(b) of the Federal-Aid Highway New York. Highways. 23 USC 101 note. Act of 1956, sums appropriated to the State of New York under 23 U.S.C. 104(b)(5)(A) during the fiscal year ending September 30, 1986, may be obligated for Interstate construction projects under section 108(b) of the Federal-Aid Highway Act of 1956 or for Interstate substitute highway projects under 23 U.S.C. 103(e)(4): Provided, That the withdrawal value for New York under 23 U.S.C. 103(e)(4) shall be reduced by the amounts obligated hereunder for Interstate highway substitute projects. The federal share of the cost to complete any such Interstate substitute highway projects to which this provision applies shall be 85 per centum. In carrying out this provision the State of New York and the Secretary of Transportation shall assign highest priority to the completion of Interstate Expiration date. Prohibitions. Michigan. construction projects. This section shall expire on October 1, 1986. Sec. 330. Notwithstanding any other provision of law, none of the funds in this Act shall be available for the construction of the Central Automated Transit System (Downtown People Mover) in Detroit, Michigan: Provided, That the immediately preceding provision shall not apply to $10,000,000 apportioned to the Detroit Department of Transportation. Sec. 331. The Congress disapproves the proposed deferral D86–21, pertaining to the Urban Mass Transportation Administration, as set forth in the message of October 1, 1985, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. Sec. 332. Section 201 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 711) is amended— (1) in the first sentence of paragraph (2) of subsection (d) by inserting “freight” before “railroad”; and (2) in the first sentence of subsection (e) by striking out “1985” and inserting in lieu thereof “1987”. Sec. 333. The Act approved July 28, 1937 (50 Stat. 535), is amended by striking out in the first paragraph thereof, “and approaches thereto” and by inserting at the end thereof “The States of Maine and New Hampshire are authorized to assume all construction, maintenance, and operational authority over the approach roads and grade separation stuctures in their respective areas. As provided in Maine Private and Special Law, Chapter 38, 1985, and New Hampshire Statutes, Chapter 415, 1985, the respective States shall require the Authority to provide Authority funds for capital improvements.”. Sec. 334. Notwithstanding any other provision of law, the first sentence of section 125(b) of title 23, United States Code, is amended by inserting after “$30,000,000” the following: “($55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985)”. Sec. 335. Notwithstanding any other provision of law or regulation, the Secretary of Transportation shall, within 30 days after enactment of this section, issue in the Federal Register a Notice of Intent to prepare an environmental impact statement for the construction of the north and south legs of the downtown component of metrorail in Dade County, Florida: Provided, That the absence of a federally-approved environmental impact statement for this project shall not preclude or delay the negotiations required under section 320 of this Act. Ante, p. 1268. This Act may be cited as the “Department of Transportation and Related Agencies Appropriations Act, 1986”.

11. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 116(c)(1) · 101 Stat. 132

    Substituted · 23 U.S.C. § 119(a)

    Pub. L. 100–17, § 116(c)(1), substituted “subsection (e)” for “section 105 of the Federal-Aid Highway Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–17, § 116(c)(1), substituted “subsection (e)” for “section 105 of the Federal-Aid Highway Act of 1978”.

    Enacted provision · exact public law section
    (1) Section 119(a) of such title is amended by striking out “section 105 of the Federal-Aid Highway Act of 1978” and inserting in lieu thereof “subsection (e)”.

12. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 116(a) · 101 Stat. 132

    Amended · 23 U.S.C. § 119(d)

    Pub. L. 100–17, § 116(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Upon application by a State and approval by the Secretary, the Secretary may authorize the transfer of so much of the amount apportioned to such State for any fiscal year under paragraph (5)(A) of subsection (b) of section 104 of this title, as does not exceed the Federal share of the cost of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under paragraph (5)(B) of subsection (b) of section 104 of this title, except that not more than 50 per centum of the total apportionment under such paragraph (5)(A) for a fiscal year shall be transferred under this subsection for such fiscal year. The next cost estimate submitted to Congress under paragraph (5)(A) of subsection (b) of such section 104 of the cost of completing segments of the Interstate System open to traffic in that State (other than high occupancy vehicle lanes) shall be reduced for such State in an amount equal to the amount transferred under this subsection. Notwithstanding any other provision of law, and for the purposes of this subsection, the phrase ‘segments of the interstate system open to traffic’ shall include a proposed four-lane, limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing interstate highway which was originally built without the aid of funds authorized by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, and which connects to the east with an interstate highway on which tolls are charged. The construction of the proposed highway shall include a bridge over the Monongahela River.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–17, § 116(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Upon application by a State and approval by the Secretary, the Secretary may authorize the transfer of so much of the amount apportioned to such State for any fiscal year under paragraph (5)(A) of subsection (b) of section 104 of this title, as does not exceed the Federal share of the cost of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under paragraph (5)(B) of subsection (b) of section 104 of this title, except that not more than 50 per centum of the total apportionment under such paragraph (5)(A) for a fiscal year shall be transferred under this subsection for such fiscal year. The next cost estimate submitted to Congress under paragraph (5)(A) of subsection (b) of such section 104 of the cost of completing segments of the Interstate System open to traffic in that State (other than high occupancy vehicle lanes) shall be reduced for such State in an amount equal to the amount transferred under this subsection. Notwithstanding any other provision of law, and for the purposes of this subsection, the phrase ‘segments of the interstate system open to traffic’ shall include a proposed four-lane, limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing interstate highway which was originally built without the aid of funds authorized by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, and which connects to the east with an interstate highway on which tolls are charged. The construction of the proposed highway shall include a bridge over the Monongahela River.”

    Enacted provision · exact public law section
    (a) Transfer of Interstate Construction Apportionments.— Section 119(d) of title 23, United States Code, is amended to read as follows: “(d) Transfer of Interstate Construction Apportionments.— Upon application by a State (other than the State of Massachusetts) and approval by the Secretary, the Secretary may transfer to the 23 USC 104. apportionments to such State under section 104(b)(1) or 104(b)(5)(B) any amount of the funds apportioned to such State for any fiscal year under section 104(b)(5)(A) if such amount does not exceed the Federal share of the costs of construction of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes) included in the most recent interstate cost estimate. Upon transfer of such amount, the construction on which such amount is based on open-to-traffic segments of the Interstate System in such State as included in the latest interstate cost estimate shall be ineligible and shall not be included in future interstate cost estimates approved or adjusted under section 104(b)(5)(A).”.

13. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 116(b) · 101 Stat. 132

    Added · 23 U.S.C. § 119(e)

    Pub. L. 100–17, § 116(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–17, § 116(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) Toll Road Agreements.— Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: “(e) Toll Road Agreements.— “(1) Requirement.— The Secretary may approve a project pursuant to subsection (a) on a toll road only if an agreement satisfactory to the Secretary has been reached with the State highway department and each public authority with jurisdiction over such toll road prior to the approval of such project that the toll road will become free to the public upon the collection of tolls sufficient to liquidate the cost of the toll road or any bonds outstanding at the time constituting a valid lien against it, and the cost of maintenance and operation and debt service during the period of toll collections. “(2) Terms.— An agreement under this subsection shall contain— “(A) a provision requiring that if, for any reason, a toll road receiving Federal assistance under this section does not become free to the public upon collection of sufficient tolls as specified in paragraph (1) of this subsection, Federal funds used for projects on such toll road pursuant to this subsection shall be repaid to the Federal Treasury, and “(B) a provision requiring that if such repayment does not equal or exceed Federal funds apportioned to a State by reason of including mileage on such toll road in an apportionment formula, the apportionment to the State shall be reduced by the amount needed to make the repayment equal the amount of such Federal apportionment. “(3) Treatment of section 105 agreements.— Any agreement entered into under section 105 of the Federal-Aid Highway Act of 1978 before the date of the enactment of this subsection shall be treated as an agreement entered into under this subsection. “(f) Transfer of Funds for Primary System Projects.— “(1) Upon certification acceptance.— If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104(b)(5)(B) of this title are in excess of the needs of the State for resurfacing, restoring, rehabilitating, or re-constructing Interstate System routes and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under section 104(b)(1). “(2) Unconditional.— Notwithstanding paragraph (1), a State may transfer to its apportionment under section 104(b)(1) of this title— “(A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104(b)(5)(B) which are not obligated at the time of the transfer; and “(B) in any fiscal year thereafter, an amount equal to 20 percent of the funds apportioned to the State under section 104(b)(5)(B) for such fiscal year.”.

14. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 116(b) · 101 Stat. 132

    Added · 23 U.S.C. § 119(f)

    Pub. L. 100–17, § 116(b), added subsec. (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–17, § 116(b), added subsec. (f).

    Enacted provision · exact public law section
    (b) Toll Road Agreements.— Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: “(e) Toll Road Agreements.— “(1) Requirement.— The Secretary may approve a project pursuant to subsection (a) on a toll road only if an agreement satisfactory to the Secretary has been reached with the State highway department and each public authority with jurisdiction over such toll road prior to the approval of such project that the toll road will become free to the public upon the collection of tolls sufficient to liquidate the cost of the toll road or any bonds outstanding at the time constituting a valid lien against it, and the cost of maintenance and operation and debt service during the period of toll collections. “(2) Terms.— An agreement under this subsection shall contain— “(A) a provision requiring that if, for any reason, a toll road receiving Federal assistance under this section does not become free to the public upon collection of sufficient tolls as specified in paragraph (1) of this subsection, Federal funds used for projects on such toll road pursuant to this subsection shall be repaid to the Federal Treasury, and “(B) a provision requiring that if such repayment does not equal or exceed Federal funds apportioned to a State by reason of including mileage on such toll road in an apportionment formula, the apportionment to the State shall be reduced by the amount needed to make the repayment equal the amount of such Federal apportionment. “(3) Treatment of section 105 agreements.— Any agreement entered into under section 105 of the Federal-Aid Highway Act of 1978 before the date of the enactment of this subsection shall be treated as an agreement entered into under this subsection. “(f) Transfer of Funds for Primary System Projects.— “(1) Upon certification acceptance.— If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104(b)(5)(B) of this title are in excess of the needs of the State for resurfacing, restoring, rehabilitating, or re-constructing Interstate System routes and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under section 104(b)(1). “(2) Unconditional.— Notwithstanding paragraph (1), a State may transfer to its apportionment under section 104(b)(1) of this title— “(A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104(b)(5)(B) which are not obligated at the time of the transfer; and “(B) in any fiscal year thereafter, an amount equal to 20 percent of the funds apportioned to the State under section 104(b)(5)(B) for such fiscal year.”.

15. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101 · 101 Stat. 1329

    Substituted · 23 U.S.C. § 119(f)

    Pub. L. 100–202 substituted “amount not to exceed” for “amount equal to” in par. (2)(B)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–202 substituted “amount not to exceed” for “amount equal to” in par. (2)(B).

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

16. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(1) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 119

    Pub. L. 102–240, § 1009(e)(1), substituted “maintenance program” for “System resurfacing” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1009(e)(1), substituted “maintenance program” for “System resurfacing” in section catchline.

    Enacted provision · exact public law section
    (1) New heading.— The heading for section 119 of such title is amended to read as follows: “§ 119. Interstate maintenance program”.

17. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(5)(A) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 119(a)

       Pub. L. 102–240, § 1009(e)(5)(A), (B), substituted “and rehabilitating” for “, rehabilitating, and reconstructing”

    2. Struck · 23 U.S.C. § 119(a)

       Pub. L. 102–240, § 1009(e)(5)(A), (B), struck out at end “The Federal share for any project under this subsection shall be that set forth in section 120(c) of this title.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 1009(e)(5)(A), (B), substituted “and rehabilitating” for “, rehabilitating, and reconstructing” and struck out at end “The Federal share for any project under this subsection shall be that set forth in section 120(c) of this title.”

    Enacted provision · exact public law section
    (A) in subsection (a) by striking “, rehabilitating, and reconstructing” and inserting “and rehabilitating”;

18. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(3) · 105 Stat. 1914

    Amended · 23 U.S.C. § 119(c)

    Pub. L. 102–240, § 1009(e)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Reconstructing as authorized in subsection (a) of this section may include, but is not limited to, the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–240, § 1009(e)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Reconstructing as authorized in subsection (a) of this section may include, but is not limited to, the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary.”

    Enacted provision · exact public law section
    (3) Eligible activities.— Section 119(c) of such title is amended to read as follows: “(c) Eligible Activities.— Activities authorized in subsection (a) may include the reconstruction of bridges, interchanges, and over crossings along existing Interstate routes, including the acquisition of right-of-way where necessary, but shall not include the construction of new travel lanes other than high occupancy vehicle lanes or auxiliary lanes.”.

19. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(4) · 105 Stat. 1914

    1. Amended · 23 U.S.C. § 119(e)

       Pub. L. 102–240, § 1009(e)(4), amended subsec. (e) generally

    2. Substituted · 23 U.S.C. § 119(e)

       Pub. L. 102–240, § 1009(e)(4), substituting present provisions for provisions authorizing Secretary to approve projects on toll roads only after reaching agreement with State highway department and public authorities that road will become free upon collection of tolls sufficient to liquidate cost of road and outstanding bonds and cost of maintenance, operation and debt service during period of toll collections, provisions relating to repayment to Federal Treasury, or reduction in apportionment, if road did not become free after collection of sufficient tolls, and provisions requiring pre-existing agreements to be treated as agreements under subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–240, § 1009(e)(4), amended subsec. (e) generally, substituting present provisions for provisions authorizing Secretary to approve projects on toll roads only after reaching agreement with State highway department and public authorities that road will become free upon collection of tolls sufficient to liquidate cost of road and outstanding bonds and cost of maintenance, operation and debt service during period of toll collections, provisions relating to repayment to Federal Treasury, or reduction in apportionment, if road did not become free after collection of sufficient tolls, and provisions requiring pre-existing agreements to be treated as agreements under subsec. (e).

    Enacted provision · exact public law section
    (4) Preventive maintenance.— Section 119(e) of such title is amended to read as follows: “(e) Preventive Maintenance.— Preventive maintenance activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a cost-effective means of extending Interstate pavement life.”.

20. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(5)(C) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 119(f)

    Pub. L. 102–240, § 1009(e)(5)(C), substituted “Surface Transportation Program” for “Primary System” in heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–240, § 1009(e)(5)(C), substituted “Surface Transportation Program” for “Primary System” in heading.

    Enacted provision · exact public law section
    (C) in the heading for subsection (f) by striking “Primary System” and inserting “Surface Transportation Program”;

21. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(b) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 119(f)(1)

       Pub. L. 102–240, § 1009(b), (e)(5)(D), (E), substituted “or rehabilitating” for “rehabilitating, or reconstructing”

    2. Substituted · 23 U.S.C. § 119(f)(1)

       Pub. L. 102–240, § 1009(b), (e)(5)(D), (E), substituted “sections 104(b)(1) and 104(b)(3)” for “section 104(b)(1)”

    3. Inserted · 23 U.S.C. § 119(f)(1)

       Pub. L. 102–240, § 1009(b), (e)(5)(D), (E), inserted “the State is adequately maintaining the Interstate System and” after “routes and”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 102–240, § 1009(b), (e)(5)(D), (E), substituted “or rehabilitating” for “rehabilitating, or reconstructing”, substituted “sections 104(b)(1) and 104(b)(3)” for “section 104(b)(1)”, and inserted “the State is adequately maintaining the Interstate System and” after “routes and”.

    Enacted provision · exact public law section
    (b) Adequate Maintenance of the Interstate System.— Section 119(f) of such title is amended by inserting after “Interstate System routes and” the following: “the State is adequately maintaining the Interstate System and”.

22. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(e)(5)(E) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 119(f)(2)

    Pub. L. 102–240, § 1009(e)(5)(E), substituted “sections 104(b)(1) and 104(b)(3)” for “section 104(b)(1)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 102–240, § 1009(e)(5)(E), substituted “sections 104(b)(1) and 104(b)(3)” for “section 104(b)(1)” in introductory provisions.

    Enacted provision · exact public law section
    (E) in subsection (f) by striking “section 104(b)(1)” each place it appears and inserting “sections 104(b)(1) and 104(b)(3)”.

23. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1009(a) · 105 Stat. 1914

    Added · 23 U.S.C. § 119(g)

    Pub. L. 102–240, § 1009(a), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 102–240, § 1009(a), added subsec. (g).

    Enacted provision · exact public law section
    (a) Limitation on New Capacity.— Section 119 of title 23, United States Code, is amended by adding at the end the following new subsection: “(g) Limitation on New Capacity.— Notwithstanding any other provision of this title, the portion of the cost of any project undertaken pursuant to this section that is attributable to the expansion of the capacity of any Interstate highway or bridge, where such new capacity consists of one or more new travel lanes that are not high-occupancy vehicle lanes or auxiliary lanes, shall not be eligible for funding under this section.”.

24. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(1) · 112 Stat. 107

    1. Added · 23 U.S.C. § 119(a)

       Pub. L. 105–178, § 1107(a)(1), added subsec. (a)

    2. Struck · 23 U.S.C. § 119(a)

       Pub. L. 105–178, § 1107(a)(1), struck out former subsec. (a) which read as follows: “The Secretary may approve projects for resurfacing, restoring and rehabilitating routes on the Interstate System designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before the date of enactment of this sentence under section 139(a) and (b) of this title; except that the Secretary may only approve a project pursuant to this subsection on a toll road if such road is subject to a Secretarial agreement provided for in subsection (e). Sums authorized to be appropriated for this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178, § 1107(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary may approve projects for resurfacing, restoring and rehabilitating routes on the Interstate System designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before the date of enactment of this sentence under section 139(a) and (b) of this title; except that the Secretary may only approve a project pursuant to this subsection on a toll road if such road is subject to a Secretarial agreement provided for in subsection (e). Sums authorized to be appropriated for this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) In General.— “(1) Projects.— The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing— “(A) routes on the Interstate System designated under section 103(c)(1) and, in Alaska and Puerto Rico, under section 103(c)(4)(A); “(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and “(C) any segments that become part of the Interstate System under section 1105(eX5) of the Intermodal Surface Transportation Efficiency Act of 1991. “(2) Toll roads.— The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 159). “(3) Funding.— Sums authorized to be appropriated to carry out this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(4).”;

25. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(d)(1) · 112 Stat. 107

    1. Added · 23 U.S.C. § 119(b)

       Pub. L. 105–178, § 1107(d)(1), as added by Pub. L. 105–206, § 9002(f)

    2. Substituted · 23 U.S.C. § 119(b)

       Pub. L. 105–178, § 1107(d)(1), as substituted “104(b)(4)” for “104(b)(5)(B)” in two places

    3. Substituted · 23 U.S.C. § 119(b)

       Pub. L. 105–178, § 1107(d)(1), as substituted “104(b)(5)(A) (as in effect on the date before the date of enactment of the Transportation Equity Act for the 21st Century)” for “104(b)(5)(A)” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–178, § 1107(d)(1), as added by Pub. L. 105–206, § 9002(f), substituted “104(b)(4)” for “104(b)(5)(B)” in first sentence and “104(b)(5)(A) (as in effect on the date before the date of enactment of the Transportation Equity Act for the 21st Century)” for “104(b)(5)(A)” in two places.

    Enacted provision · exact public law section
    SEC. 1107. INTERSTATE MAINTENANCE PROGRAM. (a) In General.— Section 119 of title 23, United States Code, is amended— (1) by striking subsection (a) and inserting the following: “(a) In General.— “(1) Projects.— The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing— “(A) routes on the Interstate System designated under section 103(c)(1) and, in Alaska and Puerto Rico, under section 103(c)(4)(A); “(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and “(C) any segments that become part of the Interstate System under section 1105(eX5) of the Intermodal Surface Transportation Efficiency Act of 1991. “(2) Toll roads.— The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 159). “(3) Funding.— Sums authorized to be appropriated to carry out this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(4).”; (2) by striking subsections (b), (c), and (e); and (3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively. (b) Set-Asides for Interstate Discretionary Projects.— Section 118(c) of such title is amended to read as follows: “(c) Set-Asides for Interstate Discretionary Projects.— “(1) In general.— Before any apportionment is made under section 104(b)(4), the Secretary shall set aside $50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)) and any toll road on the Interstate System not subject to an agreement under section 119(e) (as in effect on December 17, 1991). “(2) Selection criteria.— The amounts set aside under paragraph (1) shall be made available by the Secretary to any State applying for such funds if the Secretary determines that— “(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(4) other than an amount that, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and “(B) the applicant is willing and able to— “(i) obligate the funds within 1 year of the date the funds are made available; “(ii) apply the funds to a ready-to-commence project; and “(iii) in the case of construction work, begin work within 90 days after obligation. “(3) Priority consideration for certain projects.— In selecting projects to fund under paragraph (1), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(4) Period of availability of discretionary funds.— Sums made available pursuant to this subsection shall remain available until expended.”. (c) 23 USC 119 note. Interstate Needs.— (1) Study.— The Secretary shall conduct, in cooperation with States and affected metropolitan planning organizations, a study to determine— (A) the expected condition of the Interstate System over the next 10 years and the needs of States and metropolitan planning organizations to reconstruct and improve the Interstate System; (B) the resources necessary to maintain and improve the Interstate System; and (C) the means to ensure that the Nation’s surface transportation program can— (i) address the needs identified in subparagraph (A); and (ii) allow for States to address any extraordinary needs. (2) Report.— Not later than January 1, 2000, the Secretary shall transmit to Congress a report on the results of the study.

26. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(2) · 112 Stat. 107

    1. Redesignated · 23 U.S.C. § 119(b)

       Pub. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (d) as (b)

    2. Struck · 23 U.S.C. § 119(b)

       Pub. L. 105–178, § 1107(a)(2), (3), struck out former subsec. (b) which read as follows: “Not later than one year after the date of issuance of initial guidelines under section 109(m) of this title each State shall have a program for the Interstate system in accordance with such guidelines. Each State shall certify on January 1st of each year that it has such a program and the Interstate system is maintained in accordance with that program. If a State fails to certify as required or if the Secretary determines a State is not adequately maintaining the Interstate system in accordance with such program then the next apportionment of funds to such State for the Interstate system shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this title. If, within one year from the date the apportionment for a State is reduced under this subsection, the Secretary determines that such State is maintaining the Interstate system in accordance with the guidelines the apportionment of such State shall be increased by an amount equal to the reduction. If the Secretary does not make such a determination within such one year period the amount so withheld shall be reapportioned to all other eligible States.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “Not later than one year after the date of issuance of initial guidelines under section 109(m) of this title each State shall have a program for the Interstate system in accordance with such guidelines. Each State shall certify on January 1st of each year that it has such a program and the Interstate system is maintained in accordance with that program. If a State fails to certify as required or if the Secretary determines a State is not adequately maintaining the Interstate system in accordance with such program then the next apportionment of funds to such State for the Interstate system shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this title. If, within one year from the date the apportionment for a State is reduced under this subsection, the Secretary determines that such State is maintaining the Interstate system in accordance with the guidelines the apportionment of such State shall be increased by an amount equal to the reduction. If the Secretary does not make such a determination within such one year period the amount so withheld shall be reapportioned to all other eligible States.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (e); and

27. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(d)(2) · 112 Stat. 107

    1. Added · 23 U.S.C. § 119(c)

       Pub. L. 105–178, § 1107(d)(2), as added by Pub. L. 105–206, § 9002(f)

    2. Substituted · 23 U.S.C. § 119(c)

       Pub. L. 105–178, § 1107(d)(2), as substituted “104(b)(4)” for “104(b)(5)(B)” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 1107(d)(2), as added by Pub. L. 105–206, § 9002(f), substituted “104(b)(4)” for “104(b)(5)(B)” wherever appearing.

    Enacted provision · exact public law section
    SEC. 1107. INTERSTATE MAINTENANCE PROGRAM. (a) In General.— Section 119 of title 23, United States Code, is amended— (1) by striking subsection (a) and inserting the following: “(a) In General.— “(1) Projects.— The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing— “(A) routes on the Interstate System designated under section 103(c)(1) and, in Alaska and Puerto Rico, under section 103(c)(4)(A); “(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and “(C) any segments that become part of the Interstate System under section 1105(eX5) of the Intermodal Surface Transportation Efficiency Act of 1991. “(2) Toll roads.— The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 159). “(3) Funding.— Sums authorized to be appropriated to carry out this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(4).”; (2) by striking subsections (b), (c), and (e); and (3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively. (b) Set-Asides for Interstate Discretionary Projects.— Section 118(c) of such title is amended to read as follows: “(c) Set-Asides for Interstate Discretionary Projects.— “(1) In general.— Before any apportionment is made under section 104(b)(4), the Secretary shall set aside $50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)) and any toll road on the Interstate System not subject to an agreement under section 119(e) (as in effect on December 17, 1991). “(2) Selection criteria.— The amounts set aside under paragraph (1) shall be made available by the Secretary to any State applying for such funds if the Secretary determines that— “(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(4) other than an amount that, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and “(B) the applicant is willing and able to— “(i) obligate the funds within 1 year of the date the funds are made available; “(ii) apply the funds to a ready-to-commence project; and “(iii) in the case of construction work, begin work within 90 days after obligation. “(3) Priority consideration for certain projects.— In selecting projects to fund under paragraph (1), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(4) Period of availability of discretionary funds.— Sums made available pursuant to this subsection shall remain available until expended.”. (c) 23 USC 119 note. Interstate Needs.— (1) Study.— The Secretary shall conduct, in cooperation with States and affected metropolitan planning organizations, a study to determine— (A) the expected condition of the Interstate System over the next 10 years and the needs of States and metropolitan planning organizations to reconstruct and improve the Interstate System; (B) the resources necessary to maintain and improve the Interstate System; and (C) the means to ensure that the Nation’s surface transportation program can— (i) address the needs identified in subparagraph (A); and (ii) allow for States to address any extraordinary needs. (2) Report.— Not later than January 1, 2000, the Secretary shall transmit to Congress a report on the results of the study.

28. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(2) · 112 Stat. 107

    1. Redesignated · 23 U.S.C. § 119(c)

       Pub. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (f) as (c)

    2. Struck · 23 U.S.C. § 119(c)

       Pub. L. 105–178, § 1107(a)(2), (3), struck out heading and text of former subsec. (c). Text read as follows: “Activities authorized in subsection (a) may include the reconstruction of bridges, interchanges, and over crossings along existing Interstate routes, including the acquisition of right-of-way where necessary, but shall not include the construction of new travel lanes other than high occupancy vehicle lanes or auxiliary lanes.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (f) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “Activities authorized in subsection (a) may include the reconstruction of bridges, interchanges, and over crossings along existing Interstate routes, including the acquisition of right-of-way where necessary, but shall not include the construction of new travel lanes other than high occupancy vehicle lanes or auxiliary lanes.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (e); and

29. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(3) · 112 Stat. 107

    Redesignated · 23 U.S.C. § 119(d)

    Pub. L. 105–178, § 1107(a)(3), redesignated subsec. (g) as (d). Former subsec. (d) redesignated (b)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1107(a)(3), redesignated subsec. (g) as (d). Former subsec. (d) redesignated (b).

    Enacted provision · exact public law section
    (3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively.

30. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(2) · 112 Stat. 107

    Struck · 23 U.S.C. § 119(e)

    Pub. L. 105–178, § 1107(a)(2), struck out heading and text of subsec. (e). Text read as follows: “Preventive maintenance activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a cost-effective means of extending Interstate pavement life.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 1107(a)(2), struck out heading and text of subsec. (e). Text read as follows: “Preventive maintenance activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a cost-effective means of extending Interstate pavement life.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (e); and

31. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1107(a)(3) · 112 Stat. 107

    Redesignated · 23 U.S.C. § 119(f); 23 U.S.C. § 119(g)

    Pub. L. 105–178, § 1107(a)(3), redesignated subsecs. (f) and (g) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 105–178, § 1107(a)(3), redesignated subsecs. (f) and (g) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively.

32. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1106(a) · 126 Stat. 405

    Amended · 23 U.S.C. § 119

    Pub. L. 112–141 amended section generally. Prior to amendment, section related to interstate maintenance program

    Source evidence

    Code amendment note
    Pub. L. 112–141 amended section generally. Prior to amendment, section related to interstate maintenance program.

    Enacted provision · exact public law section
    (a) In General.— Section 119 of title 23, United States Code, is amended to read as follows: “§ 119. National highway performance program “(a) Establishment.— The Secretary shall establish and implement a national highway performance program under this section. “(b) Purposes.— The purposes of the national highway performance program shall be— “(1) to provide support for the condition and performance of the National Highway System; “(2) to provide support for the construction of new facilities on the National Highway System; and “(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System. “(c) Eligible Facilities.— Except as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103. “(d) Eligible Projects.— Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is— “(1) (A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System; and “(B) consistent with sections 134 and 135; and “(2) for 1 or more of the following purposes: “(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. “(B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System. “(C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System. “(D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures. “(E) Training of bridge and tunnel inspectors, as described in section 144. “(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System. “(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if— “(i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; “(ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and “(iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i). “(H) Bicycle transportation and pedestrian walkways in accordance with section 217. “(I) Highway safety improvements for segments of the National Highway System. “(J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs. “(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management. “(L) Infrastructure-based intelligent transportation systems capital improvements. “(M) Environmental restoration and pollution abatement in accordance with section 328. “(N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329. “(O) Environmental mitigation efforts related to projects funded under this section, as described in subsection (g). “(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System. “(e) State Performance Management.— “(1) In general.— A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system. “(2) Performance driven plan.— A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b). “(3) Scope.— In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. “(4) Plan contents.— A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include— “(A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets; “(B) asset management objectives and measures; “(C) performance gap identification; “(D) lifecycle cost and risk management analysis; “(E) a financial plan; and “(F) investment strategies. “(5) Requirement for plan.— Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent. “(6) Certification of plan development process.— “(A) In general.— Not later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall— “(i) review the process; and “(ii) (I) certify that the process meets the requirements established by the Secretary; or “(II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process. “(B) Recertification.— Not less frequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary. “(C) Opportunity to cure.— If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with— “(i) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and “(ii) Statement. a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan. “(7) Performance achievement.— A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System for 2 consecutive reports submitted under this paragraph shall include in the next report submitted a description of the actions the State will undertake to achieve the targets. “(8) Process.— Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1). “(f) Interstate System and NHS Bridge Conditions.— “(1) Condition of interstate system.— “(A) Penalty.— If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls below the minimum condition level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year— “(i) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and “(ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21). “(B) Restoration.— The obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary. “(2) Condition of nhs bridges.— “(A) Penalty.— If the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP–21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System. “(B) Restoration.— The set-aside requirement for bridges on the National Highway System in a State under subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, as determined by the Secretary. “(g) Environmental Mitigation.— “(1) Eligible activities.— In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include— “(A) participation in mitigation banking or other third-party mitigation arrangements, such as— “(i) the purchase of credits from commercial mitigation banks; “(ii) the establishment and management of agency-sponsored mitigation banks; and “(iii) the purchase of credits or establishment of in-lieu fee mitigation programs; “(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and “(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans. “(2) Inclusion of other activities.— The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations). “(3) Terms and conditions.— The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection: “(A) Contributions to the mitigation effort may— “(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and “(ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes. “(B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title. “(4) Preference.— At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency.” .

33. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1446(a)(1) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 119(d)(1)(A)

    Pub. L. 114–94, § 1446(a)(1), substituted “congestion reduction, system reliability,” for “mobility,”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 114–94, § 1446(a)(1), substituted “congestion reduction, system reliability,” for “mobility,”.

    Enacted provision · exact public law section
    (1) Section 119(d)(1)(A) is amended by striking “mobility,” and inserting “congestion reduction, system reliability,”.

34. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1407(a) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 119(d)(2)(L)

    Pub. L. 114–94, § 1407(a), inserted “, including the installation of vehicle-to-infrastructure communication equipment” after “capital improvements”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(L). Pub. L. 114–94, § 1407(a), inserted “, including the installation of vehicle-to-infrastructure communication equipment” after “capital improvements”.

    Enacted provision · exact public law section
    (a) National Highway Performance Program.— Section 119(d)(2)(L) of title 23, United States Code, is amended by inserting “, including the installation of vehicle-to-infrastructure communication equipment” after “capital improvements”.

35. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1406(a)(1) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 119(e)(7)

    Pub. L. 114–94, § 1406(a)(1), substituted “shall include as part of the performance target report under section 150(e)” for “for 2 consecutive reports submitted under this paragraph shall include in the next report submitted”

    Source evidence

    Code amendment note
    Subsec. (e)(7). Pub. L. 114–94, § 1406(a)(1), substituted “shall include as part of the performance target report under section 150(e)” for “for 2 consecutive reports submitted under this paragraph shall include in the next report submitted”.

    Enacted provision · exact public law section
    (1) in subsection (e)(7), by striking “for 2 consecutive reports submitted under this paragraph shall include in the next report submitted” and inserting “shall include as part of the performance target report under section 150(e)”; and

36. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1406(a)(2) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 119(f)(1)(A)

    Pub. L. 114–94, § 1406(a)(2), substituted “If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen” for “If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 114–94, § 1406(a)(2), substituted “If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen” for “If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (f)(1)(A) in the matter preceding clause (i) by striking “If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls” and inserting “If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen”.

37. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1106 · 129 Stat. 1312

    Added · 23 U.S.C. § 119(h)(j)

    Pub. L. 114–94, § 1106, added subsecs. (h) to (j)

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 114–94, § 1106, added subsecs. (h) to (j).

    Enacted provision · exact public law section
    SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.   Section 119 of title 23, United States Code, is amended by adding at the end the following: “(h) TIFIA Program.— Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. “(i) Additional Funding Eligibility for Certain Bridges.— “(1) In general.— Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway. “(2) Limitation.— A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1). “(j) Critical Infrastructure.— “(1) Critical infrastructure defined.— In this subsection, the term ‘critical infrastructure’ means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters. “(2) Consideration.— The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c). “(3) Risk reduction.— A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.” .

38. 2019

    Department of Transportation Appropriations Act, 2020

    Pub. L. 116–94 div. H title I § 129A · 133 Stat. 2534

    Amended · 23 U.S.C. § 119(e)(5)

    Pub. L. 116–94 amended par. (5) generally. Prior to amendment, text read as follows: “Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent.”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 116–94 amended par. (5) generally. Prior to amendment, text read as follows: “Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent.”

    Enacted provision · exact public law section
    Sec. 129A. Section 119(e)(5) of title 23, United States Code, is amended to read as follows: “(5) Requirement for plan.— “(A) In general.— Notwithstanding section 120, each fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity for which funds are obligated by the State in that fiscal year under this section shall be 65 percent. “(B) Determination.— The Secretary shall make the determination under subparagraph (A) for a fiscal year not later than the day before the beginning of such fiscal year.” .

39. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11105(1) · 135 Stat. 429

    Added · 23 U.S.C. § 119(b)(4)

    Pub. L. 117–58, § 11105(1), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 117–58, § 11105(1), added par. (4).

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) in paragraph (2), by striking “and” at the end; (B) in paragraph (3), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.” ;

    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.

40. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11105(2) · 135 Stat. 429

    Added · 23 U.S.C. § 119(d)(2)(Q)(S)

    Pub. L. 117–58, § 11105(2), added subpars. (Q) to (S)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(Q) to (S). Pub. L. 117–58, § 11105(2), added subpars. (Q) to (S).

    Enacted provision · exact public law section
    (2) in subsection (d)(2), by adding at the end the following: “(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section. “(R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2). “(S) Implement activities to protect segments of the National Highway System from cybersecurity threats.” ;

    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.

41. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11105(3) · 135 Stat. 429

    Substituted · 23 U.S.C. § 119(e)(4)(D)

    Pub. L. 117–58, § 11105(3), substituted “analyses, both of which shall take into consideration extreme weather and resilience” for “analysis”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(D). Pub. L. 117–58, § 11105(3), substituted “analyses, both of which shall take into consideration extreme weather and resilience” for “analysis”.

    Enacted provision · exact public law section
    (3) in subsection (e)(4)(D), by striking “analysis” and inserting “analyses, both of which shall take into consideration extreme weather and resilience”; and

    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.

42. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11524(a) · 135 Stat. 429

    Substituted · 23 U.S.C. § 119(f)(2)

    Pub. L. 117–58, § 11524(a), substituted “in poor condition” for “structurally deficient” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 117–58, § 11524(a), substituted “in poor condition” for “structurally deficient” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (a) Condition of NHS Bridges.— Section 119(f)(2) of title 23, United States Code, is amended by striking “structurally deficient” each place it appears and inserting “in poor condition”.

    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.

43. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11105(4) · 135 Stat. 429

    Added · 23 U.S.C. § 119(k)

    Pub. L. 117–58, § 11105(4), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–58, § 11105(4), added subsec. (k).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(k) Protective Features.— “(1) In general.— A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters. “(2) Protective features described.— A protective feature referred to in paragraph (1) includes— “(A) raising roadway grades; “(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; “(C) stabilizing slide areas; “(D) stabilizing slopes; “(E) lengthening or raising bridges to increase waterway openings; “(F) increasing the size or number of drainage structures; “(G) replacing culverts with bridges or upsizing culverts; “(H) installing seismic retrofits on bridges; “(I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and “(J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters. “(3) Savings provision.— Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).” .

    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.

53 of 55 references resolved to an enrolled provision · 2 partial