1 So in original.
up to 100 percent.
Editorial Notes
References in TextThe date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (span)(4)(A), (5), is the date of enactment of Puspan. L. 112–141, which was approved July 6, 2012.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Puspan. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
Prior ProvisionsA prior section 201, Puspan. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Puspan. L. 97–424, title I, § 126(f), Jan. 6, 1983, 96 Stat. 2116; Puspan. L. 105–178, title I, § 1115(e)(1), June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Puspan. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
Amendments2021—Subsec. (span)(7)(B). Puspan. L. 117–58, § 11113(a)(1), substituted “be up to 100 percent” for “determined in accordance with section 120”.
Subsec. (c)(6)(A)(ii). Puspan. L. 117–58, § 11525(l), substituted “(25 U.S.C. 5301 et seq.)” for “(25 U.S.C. 450 et seq.)”.
Subsec. (c)(8)(A). Puspan. L. 117–58, § 11113(a)(2), substituted “20 percent” for “5 percent”.
Subsec. (f). Puspan. L. 117–58, § 11305(a), added subsec. (f).
2015—Subsec. (c)(6)(A). Puspan. L. 114–94, § 1120(1), inserted cl. (i) designation and span, substituted period for “in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—”, added cl. (ii) and introductory provisions of cl. (iii), redesignated former cls. (i) and (ii). as subcls. (I) and (II) of cl. (iii), respectively, and realigned margins.
Subsec. (c)(6)(C). Puspan. L. 114–94, § 1117(a), added subpar. (C).
Subsec. (c)(7), (8). Puspan. L. 114–94, § 1120(2), added pars. (7) and (8) and struck out former par. (7). Prior to amendment, text of par. (7) read as follows: “To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment 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 AmendmentAmendment 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.
Effective DateSection 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.
Use of Alternative Contracting MethodsPuspan. L. 117–58, div. A, title I, § 11305(c), Nov. 15, 2021, 135 Stat. 532, provided that: “In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary [of Transportation] shall—“(1) in consultation with the applicable Federal land management agencies, establish clear procedures that are—“(A) applicable to the alternative contracting method; and
“(B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions;
“(2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and
“(3) analyze and prepare an evaluation of the use of the alternative contracting method.”
Nationally Significant Federal Lands and Tribal Projects ProgramPuspan. L. 114–94, div. A, title I, § 1123, Dec. 4, 2015, 129 Stat. 1370, as amended by Puspan. L. 117–58, div. A, title I, § 11127, Nov. 15, 2021, 135 Stat. 507, provided that:“(a)Purpose.—The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.
“(span)Eligible Applicants.—“(1)In general.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program.
“(2)Special rule.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.
“(c)Eligible Projects.—An eligible project under the program shall be a single continuous project—“(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
“(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—“(A) a record of decision with respect to the project;
“(B) a finding that the project has no significant impact; or
“(C) a determination that the project is categorically excluded; and
“(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000.
“(d)Eligible Activities.—“(1)In general.—Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.
“(2)Ineligible activities.—An eligible applicant may not use funds received under the program for activities relating to project design.
“(e)Applications.—Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require.
“(f)Selection Criteria.—In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—“(1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
“(2) improves the condition of critical transportation facilities, including multimodal facilities;
“(3) needs construction, reconstruction, or rehabilitation;
“(4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
“(5) is included in or eligible for inclusion in the National Register of Historic Places;
“(6) uses new technologies and innovations that enhance the efficiency of the project;
“(7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;
“(8) spans 2 or more States; and
“(9) serves land owned by multiple Federal agencies or Indian tribes.
“(g)Cost Share.—“(1)Federal share.—“(A)In general.—Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent.
“(B)Tribal projects.—In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.
“(2)Non-federal share.—Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section.
“(h)Use of Funds.—“(1)In general.—For each fiscal year, of the amounts made available to carry out this section—“(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and
“(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code).
“(2)Requirement.—Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors.
“(3)Availability.—Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”
