23 USC 117 - Nationally significant multimodal freight and highway projects

Editorial Notes

References in Text

The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (p)(2)(B), (3) and (q)(6), are the date of enactment of div. A of Puspan. L. 117–58, which was approved Nov. 15, 2021.

Prior Provisions

A prior section 117, added Puspan. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255; amended Puspan. L. 106–346, § 101(a) [title III, § 363], Oct. 23, 2000, 114 Stat. 1356, 1356A–36; Puspan. L. 109–59, title I, § 1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Puspan. L. 110–244, title I, § 101(k), June 6, 2008, 122 Stat. 1574, related to high priority projects program, prior to repeal by Puspan. L. 112–141, div. A, title I, § 1519(span)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012.

Another prior section 117, Puspan. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Puspan. L. 93–87, title I, § 116(a), Aug. 13, 1973, 87 Stat. 258; Puspan. L. 94–280, title I, § 116, May 5, 1976, 90 Stat. 436; Puspan. L. 97–449, § 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Puspan. L. 102–240, title I, § 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Puspan. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255.

Amendments

2021—Puspan. L. 117–58, § 11110(a)(1), inserted “multimodal” before “freight” in section catchline.

Subsec. (a)(2)(A). Puspan. L. 117–58, § 11110(a)(2)(A), inserted “in and across rural and urban areas” after “people”.

Subsec. (a)(2)(C). Puspan. L. 117–58, § 11110(a)(2)(B), inserted “or freight” after “highway”.

Subsec. (a)(2)(E). Puspan. L. 117–58, § 11110(a)(2)(C), inserted “or freight” after “highway”.

Subsec. (a)(2)(F). Puspan. L. 117–58, § 11110(a)(2)(D), inserted “, including highways that support movement of energy equipment” after “security”.

Subsec. (span)(3). Puspan. L. 117–58, § 11110(a)(3), added par. (3).

Subsec. (c)(1)(H), (I). Puspan. L. 117–58, § 11110(a)(4), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (d)(1)(A)(v) to (viii). Puspan. L. 117–58, § 11110(a)(5)(A), added cls. (v) to (viii).

Subsec. (d)(2)(A). Puspan. L. 117–58, § 11110(a)(5)(B)(ii), which directed substitution of “each of fiscal years 2022 through 2026” for “fiscal years 2016 through 2020, in the aggregate,” in introductory provisions, was executed by making the substitution for “fiscal years 2016 through 2021, in the aggregate,” to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 116–159. See 2020 Amendment note below.

Puspan. L. 117–58, § 11110(a)(5)(B)(i), substituted “30 percent” for “$600,000,000” in introductory provisions.

Subsec. (e)(1). Puspan. L. 117–58, § 11110(a)(6)(A), substituted “not less than 15 percent” for “10 percent”.

Subsec. (e)(3)(C). Puspan. L. 117–58, § 11110(a)(6)(B), added subpar. (C).

Subsec. (e)(4). Puspan. L. 117–58, § 11110(a)(6)(C), added par. (4).

Subsec. (f)(2). Puspan. L. 117–58, § 11110(a)(7), inserted “(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)” after “environmental mitigation”.

Subsec. (h)(4) to (6). Puspan. L. 117–58, § 11110(a)(8), added pars. (4) to (6).

Subsec. (i)(2). Puspan. L. 117–58, § 11110(a)(9), substituted “grants under subsection (e)” for “other grants under this section”.

Subsec. (j). Puspan. L. 117–58, § 11110(a)(10)(A), substituted “Federal Assistance” for “Federal Share” in span.

Subsec. (j)(1). Puspan. L. 117–58, § 11110(a)(10)(A), (B), substituted “Federal share” for “In general” in par. span, designated existing provisions as subpar. (A), inserted subpar. span, and substituted “Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share” for “The Federal share”, and added subpar. (B).

Subsec. (j)(2). Puspan. L. 117–58, § 11110(a)(10)(C), substituted “Except for grants under subsection (q), Federal assistance other” for “Federal assistance other”, inserted dash after “except that”, added subpar. (A), and inserted subpar. (B) designation and “for a State not described in subparagraph (A),” before “the total Federal”.

Subsecs. (k) to (n). Puspan. L. 117–58, § 11110(a)(11), (12), added subsec. (k) and redesignated former subsecs. (k) to (m) as (l) to (n), respectively. Former subsec. (n) redesignated (p) and subsequently struck out.

Subsec. (n)(1). Puspan. L. 117–58, § 11110(a)(13), added par. (1) and struck out former par. (1) which related to congressional notification regarding certain grants.

Subsec. (o). Puspan. L. 117–58, § 11110(a)(14), added subsec. (o).

Subsec. (p). Puspan. L. 117–58, § 11110(a)(11), (15), redesignated subsec. (n) as (p), struck it out, and added a new subsec. (p). Prior to amendment, subsec. related to annual reports on projects by the Secretary and assessments and reports by the Comptroller General.

Subsecs. (q) to (s). Puspan. L. 117–58, § 11110(a)(15), added subsecs. (q) to (s).

2020—Subsec. (d)(2)(A). Puspan. L. 116–159 substituted “$600,000,000” for “$500,000,000” and “2021” for “2020” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Efficient Use of Non-Federal Funds

Puspan. L. 117–58, div. A, title I, § 11110(c), Nov. 15, 2021, 135 Stat. 475, provided that:

“(1)In general.—Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section.

“(2)Grant described.—A grant referred to in paragraph (1) is a grant that is—

“(A) provided under a competitive discretionary grant program administered by the Federal Highway Administration;

“(B) for a project eligible under title 23, United States Code; and

“(C) in an amount greater than $5,000,000.”