23 USC 120 - Federal share payable

Editorial Notes

References in Text

The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (l)(1), is the date of enactment of div. A of Puspan. L. 117–58, which was approved Nov. 15, 2021.

Amendments

2021—Subsec. (c)(1). Puspan. L. 117–58, § 11107(1)(A), inserted “vehicle-to-infrastructure communication equipment,” after “breakaway utility poles,”.

Subsec. (c)(3)(B)(vi), (vii). Puspan. L. 117–58, § 11107(1)(B), added cl. (vi) and redesignated former cl. (vi) as (vii).

Subsec. (c)(4). Puspan. L. 117–58, § 11107(1)(C), added par. (4).

Subsec. (e)(1). Puspan. L. 117–58, § 11107(2)(A), substituted “270 days” for “180 days”.

Subsec. (e)(4). Puspan. L. 117–58, § 11107(2)(B), struck out “permanent” before “repairs to restore”.

Subsec. (l). Puspan. L. 117–58, § 11107(3), added subsec. (l).

2015—Subsec. (c)(3)(A). Puspan. L. 114–94, § 1104(e)(2)(A), substituted “(5)(D), or (6)” for “or (5)” in introductory provisions.

Subsec. (c)(3)(A)(ii). Puspan. L. 114–94, § 1408(a)(1), inserted “engineering or design approaches,” after “technologies,” and “or project delivery” after “or contracting”.

Subsec. (c)(3)(B)(iii). Puspan. L. 114–94, § 1408(a)(2)(A), inserted “and alternative bidding” before semicolon at end.

Subsec. (c)(3)(B)(v), (vi). Puspan. L. 114–94, § 1408(a)(2)(B)–(D), added cl. (v) and redesignated former cl. (v) as (vi).

Subsec. (c)(3)(C)(i). Puspan. L. 114–94, § 1104(e)(2)(B), substituted “(5)(D), and (6)” for “and (5)”.

Subsec. (e)(2). Puspan. L. 114–94, § 1408(span), substituted “other Federally owned roads that are open to public travel” for “Federal land access transportation facilities”.

2012—Subsec. (c)(1). Puspan. L. 112–141, § 1508(1), inserted “maintaining minimum levels of retroreflectivity of highway signs or pavement markings,” after “traffic control signalization,” and “shoulder and centerline rumble strips and stripes,” after “pavement marking,” and substituted “Federal-aid programs” for “Federal-aid systems”.

Subsec. (c)(3). Puspan. L. 112–141, § 1304(span), added par. (3).

Subsec. (e). Puspan. L. 112–141, § 1508(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title on account of any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on such highway as provided in subsections (a) and (span) of this section; except that (1) the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the costs thereof; and (2) the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads may amount to 100 percent of the cost thereof. The total cost of a project may not exceed the cost of repair or reconstruction of a comparable facility. As used in this section with respect to bridges and in section 144 of this title, ‘a comparable facility’ shall mean a facility which meets the current geometric and construction standards required for the types and volume of traffic which such facility will carry over its design life.”

Subsecs. (g), (h). Puspan. L. 112–141, § 1508(3), redesignated subsecs. (h) and (i) as (g) and (h), respectively, and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “At the request of any State, the Secretary may from time to time enter into agreements with such State to reimburse the State for the Federal share of the costs of preliminary and construction engineering at an agreed percentage of actual construction costs for each project, in lieu of the actual engineering costs for such project. The Secretary shall annually review each such agreement to insure that such percentage reasonably represents the engineering costs actually incurred by such State.”

Subsec. (i). Puspan. L. 112–141, § 1508(3), (4), redesignated subsec. (j) as (i) and struck out “and the Appalachian development highway system program under section 14501 of title 40” after “authorized by section 125” in par. (1)(A).

Subsecs. (j), (k). Puspan. L. 112–141, § 1508(5), added subsecs. (j) and (k) and struck out former subsecs. (j) and (k) which read as follows:

“(j) Use of Federal Land Management Agency Funds.—Notwithstanding any other provision of law, the funds appropriated to any Federal land management agency may be used to pay the non-Federal share of the cost of any project the Federal share of which is funded under this title or chapter 53 of title 49.

“(k) Use of Federal Lands Highways Program Funds.—Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the Federal lands highways program under section 204 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or Indian lands.”

Puspan. L. 112–141, § 1508(3), redesignated subsecs. (k) and (l) as (j) and (k), respectively.

Subsec. (l). Puspan. L. 112–141, § 1508(3), redesignated subsec. (l) as (k).

2007—Subsec. (c). Puspan. L. 110–140 struck out “for Certain Safety Projects” after “Share” in subsec. span, designated existing provisions as par. (1), inserted par. (1) span, and added par. (2).

2005—Subsec. (c). Puspan. L. 109–59, § 1947, inserted “traffic circles (also known as ‘roundabouts’),” after “traffic control signalization,”.

Subsec. (e). Puspan. L. 109–59, § 1111(span)(2), substituted “such highway” for “such system” in first sentence.

Subsec. (j). Puspan. L. 109–59, § 1116(c), inserted “and the Appalachian development highway system program under section 14501 of title 40” after “section 125”.

Subsec. (j)(1). Puspan. L. 109–59, § 1905, designated existing provisions as subpar. (A), inserted span, and substituted subpars. (B) and (C) for “Such public, quasi-public, or private agencies shall have built, improved, or maintained such facilities without Federal funds.”

Subsec. (k). Puspan. L. 109–59, § 1119(a)(1), struck out “Federal-aid highway” before “project” and substituted “this title or chapter 53 of title 49” for “section 104”.

Subsec. (l). Puspan. L. 109–59, § 1119(a)(2), substituted “this title or chapter 53 of title 49” for “section 104”.

1998—Subsec. (a). Puspan. L. 105–178, § 1111(a)(1), designated existing provisions as par. (1), inserted span, realigned margins, and added par. (2).

Subsec. (span). Puspan. L. 105–178, § 1111(a)(2), inserted at end of concluding provisions “In the case of any project subject to this subsection, a State may determine a lower Federal share than the Federal share determined under the preceding sentences of this subsection.”

Subsec. (c). Puspan. L. 105–178, § 1111(span), inserted “or transit vehicles” after “emergency vehicles” in first sentence.

Subsec. (e). Puspan. L. 105–178, § 1113(c), formerly § 1113(d), renumbered § 1113(c) by Puspan. L. 105–206, § 9006(a)(2), substituted “and (span)” for “and (c)” and “180 days” for “90 days”.

Puspan. L. 105–178, § 1113(a), substituted “highway” for “highway system” in first sentence.

Subsec. (f). Puspan. L. 105–178, § 1212(a)(2)(A)(ii), substituted “State transportation departments” for “State highway departments”.

Subsec. (j). Puspan. L. 105–178, § 1115(f)(1), as added by Puspan. L. 105–206, § 9002(i), redesignated subsec. (j), relating to use of Federal land management agency funds, as (k).

Puspan. L. 105–178, § 1115(a), added subsec. (j) relating to use of Federal land management agency funds.

Puspan. L. 105–178, § 1111(c), added subsec. (j) relating to credit for non-Federal share.

Subsec. (k). Puspan. L. 105–178, § 1115(f)(1), as added by Puspan. L. 105–206, § 9002(i), redesignated subsec. (j), relating to use of Federal land management agency funds, as (k). Former subsec. (k) redesignated (l).

Puspan. L. 105–178, § 1115(a), added subsec. (k).

Subsec. (l). Puspan. L. 105–178, § 1115(f)(1), as added by Puspan. L. 105–206, § 9002(i), redesignated subsec. (k) as (l).

1996—Subsec. (c). Puspan. L. 104–205 inserted “rail-highway crossing closure,” after “carpooling and vanpooling,”.

1995—Subsec. (c). Puspan. L. 104–59 inserted “safety rest areas,” after “signalization,” and inserted sentence at end defining “safety rest area”.

1991—Subsecs. (a) to (c). Puspan. L. 102–240, § 1021(a), added subsecs. (a) to (c) and struck out former subsec. (a) which contained provisions relating to Federal share of Federal-aid primary, secondary and urban system projects, former subsec. (span) which contained provisions relating to Federal share of Interstate System projects financed with funds authorized to be appropriated prior to June 29, 1956, and former subsec. (c) which contained provisions relating to Federal share of Interstate System projects financed with funds made available under section 108(span) of the Federal-Aid Highway Act of 1956.

Subsec. (d). Puspan. L. 102–240, § 1022(a), which directed the substitution of “180 days” for “90 days” in subsec. (d) as redesignated, could not be executed because the phrase “90 days” does not appear in subsec. (d) as redesignated.

Puspan. L. 102–240, § 1021(span)(3), which directed the substitution of “and (span)” for “and (c)” in subsec. (d) as redesignated, could not be executed because the phrase “and (c)” does not appear in subsec. (d) as redesignated.

Puspan. L. 102–240, § 1021(a), (span)(2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to Federal share for projects for railway-highway crossing elimination, traffic control signalization, pavement marking, carpooling and vanpooling, and installation of traffic signs, highway lights, guardrails, and impact attenuators.

Subsec. (e). Puspan. L. 102–240, § 1021(span)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsecs. (f) to (h). Puspan. L. 102–240, § 1021(span)(2), redesignated subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f) redesignated (e).

Subsec. (i). Puspan. L. 102–240, § 1021(span)(2), redesignated subsec. (n) as (i). Former subsec. (i) redesignated (h).

Subsecs. (j) to (m). Puspan. L. 102–240, § 1021(span)(1), struck out subsec. (j) which related to Federal share of project financed under section 307(c) of this title, subsec. (k) which related to Federal share of projects under sections 143 and 155 of this title and projects for priority primary routes under section 147 of this title, subsec. (l) which related to Federal share of projects to reconstruct, resurface, restore and rehabilitate highways which incurred substantial use as result of transportation activities to meet national energy requirements, and subsec. (m) which related to Federal share of Great River Road projects under section 148 of this title.

Subsec. (n). Puspan. L. 102–240, § 1021(span)(2), redesignated subsec. (n) as (i).

1987—Subsec. (d). Puspan. L. 100–17, § 117(a), inserted “or for installation of traffic signs, highway lights, guardrails, or impact attenuators” after “vanpooling”.

Subsec. (f). Puspan. L. 100–17, § 117(c)(1), inserted span and amended first sentence generally. Prior to amendment, first sentence read as follows: “The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title shall not exceed 100 per centum of the cost thereof: Provided, That the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof.”

Subsecs. (i), (j). Puspan. L. 100–17, § 117(span), redesignated subsec. (i) relating to Federal share payable on account of any project financed under section 307(c) of this title, as subsec. (j). Former subsec. (j) redesignated (k).

Subsec. (k). Puspan. L. 100–17, § 117(span), (d)(1), redesignated former subsec. (j) as (k) and substituted “(j)” for “(i)”, “and 155” for “, 148, and 155,” and “100–3” for “97–61”. Former subsec. (k) redesignated (l).

Subsec. (l). Puspan. L. 100–17, § 117(span), redesignated former subsec. (k) as (l).

Subsec. (m). Puspan. L. 100–17, § 117(d)(2), added subsec. (m).

Subsec. (n). Puspan. L. 100–17, § 117(e), added subsec. (n).

1983—Subsec. (j). Puspan. L. 98–78 inserted “, and for funds allocated under the provisions of section 155 of this title and obligated subsequent to January 6, 1983,” after “Representatives”.

1983—Subsec. (c). Puspan. L. 97–424, § 117(a), inserted provision at end that, notwithstanding subsection (a) of this section, the Federal share payable on account of any project financed with primary funds on the Interstate System for resurfacing, restoring, rehabilitating, and reconstructing shall be the percentage provided in this subsection.

Subsec. (d). Puspan. L. 97–424, § 117(span), inserted “or for pavement marking” after “signalization”, and provision that the Federal share payable on account of any project for traffic control signalization under section 103(e)(4) of this title may amount to 100 per centum of the cost of construction of such project.

Puspan. L. 97–424, § 123(a), inserted “or for commuter carpooling and vanpooling” before “, may amount to 100 per centum”.

Subsec. (f). Puspan. L. 97–424, § 153(f), substituted “100 per centum” for “75 per centum” after “shall not exceed”, struck out provision that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments exceeding 5 per centum of the total area of all lands therein, the Federal share would be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area, struck out “, whether or not such highways, roads, or trails are on any Federal-aid highway system” after “may amount to 100 per centum of the cost thereof”, substituted provision that the total cost of a project may not exceed the cost of repair or reconstruction of a comparable facility for provision that the Secretary might increase the Federal share payable on account of any repair or reconstruction under this section up to 100 per centum of the replacement cost of a comparable facility if he determined it to be in the public interest, and struck out provision that any project agreement for which the final voucher had not been approved by the Secretary on or before the date of this Act might be modified to provide for the Federal share authorized herein.

Subsec. (i). Puspan. L. 97–424, § 156(c), added subsec. (i) relating to Federal share payable for any project financed under section 307(c) of this title.

Subsec. (j). Puspan. L. 97–424, § 117(c), added subsec. (j).

Subsec. (k). Puspan. L. 97–424, § 109(span), added subsec. (k).

1978—Subsec. (a). Puspan. L. 95–599, § 129(a), substituted “75 per centum” for “70 per centum” wherever appearing.

Subsec. (d). Puspan. L. 95–599 §§ 117, 129(span), inserted “and for any project for traffic control signalization,” after “section 130 of this title,”, and substituted “75 per centum” for “70 per centum.”

Subsec. (f). Puspan. L. 95–599, § 129(c), substituted “75 per centum” for “70 per centum” wherever appearing.

Subsec. (i). Puspan. L. 95–599, § 129(i), added subsec. (i) relating to Federal share payable for any project in the Virgin Islands, etc.

1970—Subsec. (a). Puspan. L. 91–605, §§ 106(f), 108(a), inserted reference to the Federal-aid urban system, and substituted “70 per centum” for “50 per centum” in two places.

Subsec. (d). Puspan. L. 91–605, § 108(a), substituted “70 per centum” for “50 per centum”.

Subsec. (f). Puspan. L. 91–605, §§ 108(a), 109(span), inserted definition of “a comparable facility” and substituted “70 per centum” for “50 per centum”.

Subsec. (h). Puspan. L. 91–605, § 128, added subsec. (h).

1968—Subsec. (a). Puspan. L. 90–495, § 34, made provision for an election by the States as to the formula it desired to have its Federal share computed under by adding an optional formula permitting an increase in the Federal share by a percentage of the remaining cost equal to the percentage that the area of specified lands is of the State’s total, but not so as to increase the share beyond 95 percent of the total cost of the project, with States exercising the option required to enter into an agreement to use the difference solely for highway construction purposes.

Subsec. (f). Puspan. L. 90–495, § 27(span), authorized the Secretary to increase the Federal share payable on account of any repair or reconstruction under this section up to 100 per centum of the replacement cost of a comparable facility if he determines that it is in the public interest.

1966—Subsec. (f). Puspan. L. 89–574 added parkways, public land highways, public lands development roads, and trails to the list of road projects on the repair or reconstruction of which the Federal share payable may amount to 100 per centum of the cost.

1964—Subsec. (f). Puspan. L. 88–658 provided that in case of any State containing nontaxable Indian lands, and public domain lands exclusive of national forests and national parks and monuments exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area.

1960—Subsec. (a). Puspan. L. 86–657 substituted “nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments” for “unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal”.

1959—Subsec. (a). Puspan. L. 86–70, § 21(e)(4), substituted “subsection (d) of this section” for “subsections (d) and (h) of this section”.

Subsec. (f). Puspan. L. 86–342 provided that the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof, whether or not such highways, roads or trails are on any Federal-aid highway system.

Subsec. (h). Puspan. L. 86–70, § 21(d)(4), repealed subsec. (h) which related to contributions by the Territory of Alaska and to the expenditure of Federal funds apportioned to the Territory of Alaska and funds contributed by the Territory.

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 of 2015 Amendment

Except as otherwise provided, 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.

Puspan. L. 114–94, div. A, title I, § 1408(c), as added by Puspan. L. 114–113, div. L, title IV, § 421, Dec. 18, 2015, 129 Stat. 2908, provided that: “The amendment made by subsection (span) [amending this section] shall apply to projects to repair or reconstruct facilities damaged as a result of a natural disaster or catastrophic failure described in section 125(a) of title 23, United States Code, occurring on or after October 1, 2015.”

[Puspan. L. 114–113, div. L, title IV, § 421, Dec. 18, 2015, 129 Stat. 2908, provided that the enactment by section 421 of section 1408(c) of Puspan. L. 114–94, set out above, is effective as of Dec. 4, 2015, and as if included in Puspan. L. 114–94 as enacted.]

Effective Date of 2012 Amendment

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.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 1998 Amendment

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.

Effective Date of 1991 Amendment

Amendment by section 1021 of 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. 102–240, title I, § 1022(c), Dec. 18, 1991, 105 Stat. 1951, provided that: “The amendments made by subsections (a) and (span) [amending this section and section 125 of this title] shall only apply to natural disasters and catastrophic failures occurring after the date of the enactment of this Act [Dec. 18, 1991].”

Effective Date of 1987 Amendment

Puspan. L. 100–17, title I, § 117(c)(2), Apr. 2, 1987, 101 Stat. 155, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to all natural disasters and catastrophic failures which occur after the date of the enactment of this Act [Apr. 2, 1987].”

Effective Date of 1978 Amendment

Puspan. L. 95–599, title I, § 129(h), Nov. 6, 1978, 92 Stat. 2708, provided that: “The amendments made by subsections (a) through (g) of this section [amending this section and sections 148, 155, 215, and 406 of this title] shall take effect with respect to obligations incurred after the date of enactment of this section [Nov. 6, 1978].”

Effective Date of 1970 Amendment

Puspan. L. 91–605, title I, § 108(span), Dec. 31, 1970, 84 Stat. 1718, as amended by Puspan. L. 93–87, title I, § 153, Aug. 13, 1973, 87 Stat. 276, provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect with respect to all obligations incurred after June 30, 1973.”

Effective Date of 1968 Amendment

Amendment by section 27(span) of Puspan. L. 90–495 applicable to repair or construction with respect to which project agreements have been entered into on or before Jan. 1, 1968, see section 27(c) of Puspan. L. 90–495, set out as a note under section 125 of this title.

Amendment by section 34 of Puspan. L. 90–495 effective Aug. 23, 1968, see section 37 of Puspan. L. 90–495, set out as a note under section 101 of this title.

Effective Date of 1959 Amendment

Amendment by section 21(d)(4) of Puspan. L. 86–70 effective July 1, 1959, see section 21(d) of Puspan. L. 86–70, set out as a note under section 103 of this title.

Amendment by section 21(e)(4) of Puspan. L. 86–70 effective July 1, 1959, see section 12(e) of Puspan. L. 86–70, set out as a note under section 101 of this title.

Transfer and Sale of Toll Credits

Puspan. L. 117–58, div. A, title I, § 11503, Nov. 15, 2021, 135 Stat. 578, provided that:

“(a)Definitions.—In this section:

“(1)Originating state.—The term ‘originating State’ means a State that—

“(A) is eligible to use a credit under section 120(i) of title 23, United States Code; and

“(B) has been selected by the Secretary [of Transportation] under subsection (d)(2).

“(2)Pilot program.—The term ‘pilot program’ means the pilot program established under subsection (span).

“(3)Recipient state.—The term ‘recipient State’ means a State that receives a credit by transfer or by sale under this section from an originating State.

“(4)State.—The term ‘State’ has the meaning given the term in section 101(a) of title 23, United States Code.

“(span)Establishment of Pilot Program.—The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section.

“(c)Purposes.—The purposes of the pilot program are—

“(1) to identify the extent of the demand to purchase toll credits;

“(2) to identify the cash price of toll credits through bilateral transactions between States;

“(3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures;

“(4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and

“(5) to identify any other repercussions of the toll credit exchange.

“(d)Selection of Originating States.—

“(1)Application.—In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify—

“(A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including—

“(i) toll revenue generated and the sources of that revenue;

“(ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and

“(iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds;

“(B) the documentation of maintenance of effort for toll credits earned by the originating State; and

“(C) the accuracy of the accounting system of the State to earn and track toll credits.

“(2)Selection.—Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State.

“(3)Limitation on sales.—At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program.

“(e)Transfer or Sale of Credits.—

“(1)In general.—In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code.

“(2)Website support.—The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State.

“(3)Bilateral transactions.—An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits.

“(4)Notification.—Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on—

“(A) the amount of toll credits that have been sold or transferred;

“(B) the price paid or other value transferred in exchange for the toll credits;

“(C) the intended use by the recipient State of the toll credits, if known;

“(D) the intended use by the originating State of the cash or other value transferred;

“(E) an update on the toll credit balance of the originating State and the recipient State; and

“(F) any other information about the transaction that the Secretary may require.

“(5)Use of credits by transferee or purchaser.—A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code.

“(6)Use of proceeds from sale of credits.—An originating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code.

“(f)Reporting Requirements.—

“(1)Initial report.—Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program.

“(2)Final report.—Not later than 3 years after the date on which the pilot program is established, the Secretary shall—

“(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

“(i) determines whether a toll credit marketplace is viable and cost-effective;

“(ii) describes the buying and selling activities under the pilot program;

“(iii) describes the average sale price of toll credits;

“(iv) determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities;

“(v) provides updated information on the toll credit balance accumulated by each State; and

“(vi) describes the list of projects that were assisted by the pilot program; and

“(B) make the report under subparagraph (A) publicly available on the website of the Department [of Transportation].

“(g)Termination.—

“(1)In general.—The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that—

“(A) the pilot program is not serving a public benefit; or

“(B) it is not cost effective to carry out the pilot program.

“(2)Procedures.—The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities.”

Credit for Non-Federal Share

Puspan. L. 102–240, title I, § 1044, Dec. 18, 1991, 105 Stat. 1994, provided that:

“(a)Eligibility.—A State may use as a credit toward the non-Federal matching share requirement for all programs under this Act [see Short Title of 1991 Amendment note set out under section 101 of Title 49, Transportation] and title 23, United States Code, toll revenues that are generated and used by public, quasi-public and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce. Such public, quasi-public or private agencies shall have built, improved, or maintained such facilities without Federal funds.

“(span)Maintenance of Effort.—The credit for any non-Federal share shall not reduce nor replace State monies required to match Federal funds for any program pursuant to this Act or title 23, United States Code. In receiving a credit for non-Federal capital expenditures under this section, a State shall enter into such agreements as the Secretary may require to ensure that such State will maintain its non-Federal transportation capital expenditures at or above the average level of such expenditures for the preceding three fiscal years.

“(c)Treatment.—Use of such credit for a non-Federal share shall not expose such agencies from which the credit is received to additional liability, additional regulation or additional administrative oversight. When credit is applied from chartered multi-State agencies, such credit shall be applied equally to all charter States. The public, quasi-public, and private agencies from which the credit for which the non-Federal share is calculated shall not be subject to any additional Federal design standards, laws or regulations as a result of providing non-Federal match other than those to which such agency is already subject.”

Temporary Matching Fund Waiver

Puspan. L. 102–240, title I, § 1054, Dec. 18, 1991, 105 Stat. 2001, provided that:

“(a)Waiver of Matching Share.—Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary under title 23, United States Code, and of any qualifying project for which the United States becomes obligated to pay under title 23, United States Code, during the period beginning on October 1, 1991, and ending September 30, 1993, shall be the percentage of the construction cost as the State requests, up to and including 100 percent.

“(span)Repayment.—The total amount of increases in the Federal share made pursuant to subsection (a) for any State shall be repaid to the United States by the State on or before March 30, 1994. Payments shall be deposited in the Highway Trust Fund and repaid amounts shall be credited to the appropriate apportionment accounts of the State.

“(c)Deduction From Apportionments.—If a State has not made the repayment as required by subsection (span), the Secretary shall deduct from funds apportioned to the State under title 23, United States Code, in each of the fiscal years 1995 and 1996, a pro rata share of each category of apportioned funds. The amount which shall be deducted in each fiscal year shall be equal to 50 percent of the amount needed for repayment. Any amount deducted under this subsection shall be reapportioned for fiscal years 1995 and 1996 in accordance with title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the repayment required by subsection (span).

“(d)Qualifying Project Defined.—For purposes of this section, the term ‘qualifying project’ means a project approved by the Secretary after the effective date of this title [Dec. 18, 1991], or a project for which the United States becomes obligated to pay after such effective date, and for which the Governor of the State submitting the project has certified, in accordance with regulations established by the Secretary, that sufficient funds are not available to pay the cost of the non-Federal share of the project.”

Incentive Program for Use of Coal Ash

Puspan. L. 100–17, title I, § 117(f), Apr. 2, 1987, 101 Stat. 156, provided that in fiscal years 1987 to 1991, the Federal share of the cost of highway or bridge construction projects using significant amounts of coal ash would be increased by 5 percent, but not to exceed 95 percent of the cost.

Obligations for Projects Resulting From Natural Disasters or Catastrophic Failures; Emergency Relief; Federal Share

Puspan. L. 97–424, title I, § 153(g), Jan. 6, 1983, 96 Stat. 2133, provided that: “All obligations for projects resulting from a natural disaster or catastrophic failure which the Secretary finds to be eligible for emergency relief subsequent to the date of enactment of this subsection [Jan. 6, 1983] shall provide for the Federal share required by subsection (f) of section 120 of title 23, United States Code, as amended by this section.”

Federal Share of Projects Approved During Period Beginning February 12, 1975, and Ending September 30, 1975

Puspan. L. 94–30, §§ 1, 2, June 4, 1975, 89 Stat. 171, as amended by Puspan. L. 94–280, title I, § 145, May 5, 1976, 90 Stat. 446, provided for Federal share of projects approved under section 106(a) of this title, and projects for which United States becomes obligated under former section 117 of this title during the period beginning Fespan. 12, 1975, and ending Sept. 30, 1975, and repayment schedule for States from Jan. 1, 1977, through Jan. 1, 1979.

Review and Analysis of Excise Taxes Dedicated to Highway Trust Fund

Puspan. L. 95–599, title V, § 507, Nov. 6, 1978, 92 Stat. 2761, provided that:

“(a)In General.—The Secretary of the Treasury, in consultation with the Secretary of Transportation and the staff of the Joint Committee on Taxation, shall—

“(1) review and analyze each excise tax now dedicated to the Highway Trust Fund with respect to such factors as ease or difficulty of administration of such tax and the compliance burdens imposed on taxpayers by such tax, and

“(2) on or before April 15, 1982, report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate as to the matters set forth in paragraph (1) and other findings, as well as recommendations on—

“(A) improvements in excise taxation which would enhance tax administration, equity, and compliance, or

“(B) a new system of raising revenues to fund the Highway Trust Fund which would meet the objectives set forth in subparagraph (A).

The recommendations described in paragraph (2) shall be formulated in conjunction with the recommendations of the cost allocation study under section 506 set out as note under section 307 of this title of the equitable distribution of the highway excise taxes.

“(span)Interim Reports.—The Secretary of the Treasury, in consultation with the Secretary of Transportation and the staff of the Joint Committee on Taxation, shall file an interim report with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on or before April 15, 1980, and a second interim report on or before April 15, 1981.”

Highway Trust Fund

Act June 29, 1956, ch. 462, title II, § 209, 70 Stat. 397, as amended by Puspan. L. 86–342, title II, § 202, Sept. 21, 1959, 73 Stat. 615; Puspan. L. 86–346, title I, § 104(5), Sept. 22, 1959, 73 Stat. 622; Puspan. L. 86–440, § 1(c), Apr. 22, 1960, 74 Stat. 81; Puspan. L. 87–61, title II, § 207, June 29, 1961, 75 Stat. 128; Puspan. L. 88–578, title II, § 202, Sept. 3, 1964, 78 Stat. 904; Puspan. L. 89–44, title II, § 210, title VIII, § 809(e), June 21, 1965, 79 Stat. 144, 168; Puspan. L. 91–258, title II, §§ 207(e), 208(g), May 21, 1970, 84 Stat. 249, 252; Puspan. L. 91–605, title III, § 301, Dec. 31, 1970, 84 Stat. 1743; Puspan. L. 94–273, § 18, Apr. 21, 1976, 90 Stat. 379; Puspan. L. 94–280, title III, § 301, May 5, 1976, 90 Stat. 456; Puspan. L. 95–599, title V, §§ 503(a), 504(a), Nov. 6, 1978, 92 Stat. 2757; Puspan. L. 95–618, title II, § 233(span)(2)(E), Nov. 9, 1978, 92 Stat. 3191; Puspan. L. 96–451, title II, § 203(a), Oct. 14, 1980, 94 Stat. 1988; Puspan. L. 97–424, title V, § 531(span), Jan. 6, 1983, 96 Stat. 2191; Puspan. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:

“(a) [Repealed. Puspan. L. 97–424, title V, § 531(span), Jan. 6, 1983, 96 Stat. 2191. Subsec. (a) provided for the creation of a Highway Trust Fund.]

“(span)Declaration of Policy.—It is hereby declared to be the policy of the Congress that if it hereafter appears—

“(1) that the total receipts of the Trust Fund (exclusive of advances under subsection (d) will be less than the total expenditures from such Fund (exclusive of repayments of such advances); or

“(2) that the distribution of the tax burden among the various classes of persons using the Federal-aid highways, or otherwise deriving benefits from such highways, is not equitable, the Congress shall enact legislation in order to bring about a balance of total receipts and total expenditures, or such equitable distribution, as the case may be.

“(c) to (g) [Repealed. Puspan. L. 97–424, title V, § 531(span), Jan. 6, 1983, 96 Stat. 2191. Subsecs. (c) to (g) provided generally for the transfer of the equivalent of the receipts of certain taxes to the Fund, for additional appropriations to the Fund, for its management, methods and purposes of expenditures, and for adjustment of apportionments regarding the Fund.]”

Puspan. L. 96–451, title II, § 203(span), Oct. 14, 1980, 94 Stat. 1988, provided that: “The amendment made by subsection (a) [amending former subsec. (f)(5) of section 209 of Act June 29, 1956] shall apply to taxes received on or after October 1, 1980.”

Puspan. L. 95–599, title V, § 504(span), Nov. 6, 1978, 92 Stat. 2758, provided that: “The amendment made by subsection (a) [amending former subsec. (g) of section 209 of Act June 29, 1956] shall apply to fiscal years beginning after September 30, 1978.”

Puspan. L. 91–258, title II, § 208(g), May 21, 1970, 84 Stat. 252, which added subsec. (c)(5) of section 209 of the Act of June 29, 1956, ch. 462, title II, 70 Stat. 397, was repealed by Puspan. L. 97–248, title II, § 281(span), Sept. 3, 1982, 96 Stat. 566.

Percentage of Funds Contributed by Alaska

Puspan. L. 86–70, § 21(d)(4), June 25, 1959, 73 Stat. 145, which repealed subsec. (h) of this section, provided in part that the provisions of subsec. (h) relating to the percentage of funds to be contributed by Alaska shall continue to apply to funds apportioned to Alaska for fiscal year 1960 and prior fiscal years.