§ 121. Payment to States for construction

Legislative history

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

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 121

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899

2. 1963

   Federal-Aid Highway Amendments Act of 1963

   Pub. L. 88–157 § 7(b) · 77 Stat. 276

   Substituted · 23 U.S.C. § 121(d)

   Pub. L. 88–157 substituted “any project financed with Federal-aid primary, secondary, or urban funds” for “any one project” and provided for limitation, on payments for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of Federal share of cost of construction of the project where found by the Secretary to be necessary and for 10–percent limitation on projects financed with interstate funds

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 88–157 substituted “any project financed with Federal-aid primary, secondary, or urban funds” for “any one project” and provided for limitation, on payments for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of Federal share of cost of construction of the project where found by the Secretary to be necessary and for 10–percent limitation on projects financed with interstate funds.

   Enacted provision · exact public law section
   (b) The second sentence of subsection (d) of section 121 of title 23, United States Code, is amended to read as follows: “Payments for construction engineering on any project financed with Federal-aid primary, secondary, or urban funds shall not exceed 10 per centum of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering: Provided, That such limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary. For any project financed with interstate funds, such limitation shall be 10 per centum.”

3. 1973

   Federal-Aid Highway Act of 1973

   Pub. L. 93–87 title I § 117 · 87 Stat. 250

   Changed · 23 U.S.C. § 121(a)

   Pub. L. 93–87 authorized payments to be made for materials not in the construction vicinity where the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–87 authorized payments to be made for materials not in the construction vicinity where the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.

   Enacted provision · exact public law section
   Sec. 117. materials at off-site locations Section 121(a) of title 23 of the United States Code is 72 Stat. 899. amended by inserting after the period at the end thereof the following: “Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.”

4. 1976

   Federal-Aid Highway Act of 1976

   Pub. L. 94–280 title I § 118(a) · 90 Stat. 425

   1. Substituted · 23 U.S.C. § 121(d)

      Pub. L. 94–280 substituted “Federal-aid highway funds” for “Federal-aid primary, secondary, or urban funds”

   2. Struck · 23 U.S.C. § 121(d)

      Pub. L. 94–280 struck out 10 per centum limitation provision for any project financed with interstate funds

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–280 substituted “Federal-aid highway funds” for “Federal-aid primary, secondary, or urban funds” and struck out 10 per centum limitation provision for any project financed with interstate funds.

   Enacted provision · exact public law section
   (a) Section 121(d) of title 23, United States Code, is amended to read as follows: “(d) In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments contained in sections 120 and 130 of this title. Payments for construction engineering on any project financed 23 USC 120, 130. with Federal-aid highway funds shall not exceed 10 per centum of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”.

5. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 title I § 133(b)(6) · 101 Stat. 132

   1. Substituted · 23 U.S.C. § 121(d)

      Pub. L. 100–17 substituted “15 percent” for “10 per centum”

   2. Struck · 23 U.S.C. § 121(d)

      Pub. L. 100–17 struck out at end “However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–17 substituted “15 percent” for “10 per centum” and struck out at end “However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”

   Enacted provision · exact public law section
   (6) Section 121(d) of such title is amended by striking out “10 per centum” and inserting in lieu thereof “15 percent” and by striking out the third sentence.

6. 1991

   Intermodal Surface Transportation Efficiency Act of 1991

   Pub. L. 102–240 title I § 1018(b) · 105 Stat. 1914

   1. Substituted · 23 U.S.C. § 121(d)

      Pub. L. 102–240 substituted “106(c), 120,” for “120”

   2. Struck · 23 U.S.C. § 121(d)

      Pub. L. 102–240 struck out at end “Payments for construction engineering on any project financed with Federal-aid highway funds shall not exceed 15 percent of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–240 substituted “106(c), 120,” for “120” and struck out at end “Payments for construction engineering on any project financed with Federal-aid highway funds shall not exceed 15 percent of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering.”

   Enacted provision · exact public law section
   (b) Conforming Amendments.— Section 121(d) of such title is amended— (1) by striking “120” and inserting “106(c), 120,”; and (2) by striking the last sentence.

7. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1302(1) · 112 Stat. 107

   1. Added · 23 U.S.C. § 121(a)

      Pub. L. 105–178, § 1302(1), added subsec. (a)

   2. Struck · 23 U.S.C. § 121(a)

      Pub. L. 105–178, § 1302(1), struck out former subsec. (a) which read as follows: “The Secretary may, in his discretion, from time to time as the work progresses, make payments to a State for costs of construction incurred by it on a project. These payments shall at no time exceed the Federal share of the costs of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project. Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–178, § 1302(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary may, in his discretion, from time to time as the work progresses, make payments to a State for costs of construction incurred by it on a project. These payments shall at no time exceed the Federal share of the costs of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project. Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (b) and inserting the following: “(a) In General.— The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project. Such payments may also be made for the value of the materials— “(1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and “(2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity. “(b) Project Agreement.— No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project.” ;

8. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1302(1) · 112 Stat. 107

   1. Added · 23 U.S.C. § 121(b)

      Pub. L. 105–178, § 1302(1), added subsec. (b)

   2. Struck · 23 U.S.C. § 121(b)

      Pub. L. 105–178, § 1302(1), struck out former subsec. (b) which read as follows: “After completion of a project in accordance with the plans and specifications, and approval of the final voucher by the Secretary, a State shall be entitled to payment out of the appropriate sums apportioned to it of the unpaid balance of the Federal share payable on account of such project.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–178, § 1302(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “After completion of a project in accordance with the plans and specifications, and approval of the final voucher by the Secretary, a State shall be entitled to payment out of the appropriate sums apportioned to it of the unpaid balance of the Federal share payable on account of such project.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (b) and inserting the following: “(a) In General.— The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project. Such payments may also be made for the value of the materials— “(1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and “(2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity. “(b) Project Agreement.— No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project.” ;

9. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1302(2) · 112 Stat. 107

   1. Redesignated · 23 U.S.C. § 121(c)

      Pub. L. 105–178, § 1302(2), (3), redesignated subsec. (e) as (c)

   2. Struck · 23 U.S.C. § 121(c)

      Pub. L. 105–178, § 1302(2), (3), struck out former subsec. (c) which read as follows: “No payment shall be made under this chapter, except for a project located on a Federal-aid system and covered by a project agreement. No final payment shall be made to a State for its costs of construction of a project until the completion of the construction has been approved by the Secretary following inspections pursuant to section 114(a) of this title.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–178, § 1302(2), (3), redesignated subsec. (e) as (c) and struck out former subsec. (c) which read as follows: “No payment shall be made under this chapter, except for a project located on a Federal-aid system and covered by a project agreement. No final payment shall be made to a State for its costs of construction of a project until the completion of the construction has been approved by the Secretary following inspections pursuant to section 114(a) of this title.”

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

10. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1302(2) · 112 Stat. 107

    Struck · 23 U.S.C. § 121(d)

    Pub. L. 105–178, § 1302(2), struck out subsec. (d) which read as follows: “In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments continued in sections 106(c), 120, and 130 of this title.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1302(2), struck out subsec. (d) which read as follows: “In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments continued in sections 106(c), 120, and 130 of this title.”

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

11. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1302(3) · 112 Stat. 107

    Redesignated · 23 U.S.C. § 121(e)

    Pub. L. 105–178, § 1302(3), redesignated subsec. (e) as (c)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 1302(3), redesignated subsec. (e) as (c).

    Enacted provision · exact public law section
    (3) by redesignating subsection (e) as subsection (c).

12. 1998

    Transportation Equity Act for the 21st Century

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

    Substituted · 23 U.S.C. § 121(e)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

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

13. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 div. A title II § 2002(a) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 121(a)

    Pub. L. 114–94 inserted “(including payments made pursuant to a long-term concession agreement, such as availability payments)” after “a project” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–94 inserted “(including payments made pursuant to a long-term concession agreement, such as availability payments)” after “a project” in introductory provisions.

    Enacted provision · exact public law section
    (a) Payment to States for Construction.— Section 121(a) of title 23, United States Code, is amended by inserting “(including payments made pursuant to a long-term concession agreement, such as availability payments)” after “a project”.

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

18 of 19 references resolved to an enrolled provision · 1 partial