The date of enactment of the MAP–21, referred to in subsecs. (e)(8) and (f)(1)(A), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

Section 144 (as in effect the day before enactment of MAP–21), referred to in subsec. (f)(2)(A), means section 144 of this title as in effect the day before the enactment of Puspan. L. 112–141, which amended section 144 generally. Prior to amendment by Puspan. L. 112–141, section 144 related to the highway bridge program.

A prior section 119, Puspan. L. 85–767, Aug. 27, 1958, 72 Stat. 899, related to administration of Federal aid for highways in Alaska, prior to repeal by Puspan. L. 86–70, § 21(d)(3), June 25, 1959, 73 Stat. 145, effective July 1, 1959.

2021—Subsec. (span)(4). Puspan. L. 117–58, § 11105(1), added par. (4).

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

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

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

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

2019—Subsec. (e)(5). Puspan. 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.”

2015—Subsec. (d)(1)(A). Puspan. L. 114–94, § 1446(a)(1), substituted “congestion reduction, system reliability,” for “mobility,”.

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

Subsec. (e)(7). Puspan. 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”.

Subsec. (f)(1)(A). Puspan. 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.

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

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to interstate maintenance program.

1998—Subsec. (a). Puspan. 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 (span) 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(span)(5)(B) of this title.”

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

Puspan. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (d) as (span) and struck out former subsec. (span) 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.”

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

Puspan. L. 105–178, § 1107(a)(2), (3), redesignated subsec. (f) as (c) and struck out span 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.”

Subsec. (d). Puspan. L. 105–178, § 1107(a)(3), redesignated subsec. (g) as (d). Former subsec. (d) redesignated (span).

Subsec. (e). Puspan. L. 105–178, § 1107(a)(2), struck out span 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.”

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

1991—Puspan. L. 102–240, § 1009(e)(1), substituted “maintenance program” for “System resurfacing” in section catchline.

Subsec. (a). Puspan. 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.”

Subsec. (c). Puspan. 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.”

Subsec. (e). Puspan. 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).

Subsec. (f). Puspan. L. 102–240, § 1009(e)(5)(C), substituted “Surface Transportation Program” for “Primary System” in span.

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

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

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

1987—Subsec. (a). Puspan. L. 100–17, § 116(c)(1), substituted “subsection (e)” for “section 105 of the Federal-Aid Highway Act of 1978”.

Subsec. (d). Puspan. 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 (span) 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 (span) 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 (span) 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(span) 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.”

Subsec. (e). Puspan. L. 100–17, § 116(span), added subsec. (e).

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

Puspan. L. 100–17, § 116(span), added subsec. (f).

1985—Subsec. (d). Puspan. 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.

1984—Subsec. (a). Puspan. 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 (span) 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.

1983—Subsec. (a). Puspan. 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.

Puspan. 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”.

Subsecs. (span), (c). Puspan. L. 97–424, § 116(span), redesignated the second of two sections designated (span) as (c).

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

1981—Subsec. (a). Puspan. 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(span)(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.

Subsec. (span). Puspan. L. 97–134, § 6(span), added subsec. (span) 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.

1979—Subsec. (span). Puspan. 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”.

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.

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

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of this title.

Amendment by Puspan. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Puspan. L. 102–240, set out as a note under section 104 of this title.

Puspan. L. 112–141, div. A, title I, § 1106(span), July 6, 2012, 126 Stat. 437, provided that:

Puspan. L. 105–178, title I, § 1107(c), June 9, 1998, 112 Stat. 138, directed the Secretary, in cooperation with States and metropolitan planning organizations, to conduct a study on the future condition of and needed improvements to the Interstate System and to transmit a report on the study no later than Jan. 1, 2000.

Puspan. L. 102–240, title I, § 1009(c), Dec. 18, 1991, 105 Stat. 1933, directed the Secretary to develop guidance to states regarding how much project funding was attributable to expanding Interstate highway or bridge capacity and how to determine adequate maintenance of the Interstate System.

Puspan. L. 97–424, title I, § 142, Jan. 6, 1983, 96 Stat. 2128, authorized the Secretary, for fiscal years through Sept. 30, 1985, to increase by 5 percent the Federal share of funding for certain projects using significant amounts of asphalt additives or recycled materials.