§ 117. — High priority projects program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC117]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 117. High priority projects program
(a) Authorization of High Priority Projects.--The Secretary is
authorized to carry out high priority projects with funds made available
to carry out the high priority projects program under this section. Of
amounts made available to carry out this section, the Secretary, subject
to subsection (b), shall make available to carry out each project
described in section 1602 of the Transportation Equity Act for the 21st
Century the amount listed for such project in such section. Any amounts
made available to carry out such program that are not allocated for
projects described in such section shall be available to the Secretary,
subject to subsection (b), to carry out such other high priority
projects as the Secretary determines appropriate.
(b) Allocation Percentages.--For each project to be carried out with
funds made available to carry out the high priority projects program
under this section--
(1) 11 percent of such amount shall be available for obligation
beginning in fiscal year 1998;
(2) 15 percent of such amount shall be available for obligation
beginning in fiscal year 1999;
(3) 18 percent of such amount shall be available for obligation
beginning in fiscal year 2000;
(4) 18 percent of such amount shall be available for obligation
beginning in fiscal year 2001;
(5) 19 percent of such amount shall be available for obligation
beginning in fiscal year 2002; and
(6) 19 percent of such amount shall be available for obligation
beginning in fiscal year 2003.
(c) Federal Share.--The Federal share payable on account of any
project carried out with funds made available to carry out this section
shall be 80 percent of the total cost thereof; except that the Federal
share on account of the project to be carried out under item 1419 of the
table contained in section 1602 of the Transportation Equity Act for the
21st Century (112 Stat. 309), relating to reconstruction of a road and
causeway in Shiloh Military Park in Hardin County, Tennessee, shall be
100 percent of the total cost thereof.
(d) Delegation to States.--Subject to the provisions of this title,
the Secretary shall delegate responsibility for carrying out a project
or projects, with funds made available to carry out this section, to the
State in which such project or projects are located upon request of such
State.
(e) Advance Construction.--When a State which has been delegated
responsibility for a project under this section--
(1) has obligated all funds allocated under this section and
section 1602 of the Transportation Equity Act for the 21st Century
for such project; and
(2) proceeds to construct such project without the aid of
Federal funds in accordance with all procedures and all requirements
applicable to such project, except insofar as such procedures and
requirements limit the State to the construction of projects with
the aid of Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State, shall
pay to the State the Federal share of the cost of construction of the
project when additional funds are allocated for such project under this
section and section 1602 of the Transportation Equity Act for the 21st
Century.
(f) Period of Availability.--Funds made available to carry out this
section shall remain available until expended.
(g) Availability of Obligation Limitation.--Obligation authority
attributable to funds made available to carry out this section shall
only be available for the purposes of this section and shall remain
available until obligated pursuant to section 1102(g) of the
Transportation Equity Act for the 21st Century.
(h) Treatment.--Funds allocated to a State in accordance with this
section shall be treated as amounts in addition to the amounts a State
is apportioned under sections 104, 105, and 144 for programmatic
purposes.
(Added Pub. L. 105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat.
255; amended Pub. L. 106-346, Sec. 101(a) [title III, Sec. 363], Oct.
23, 2000, 114 Stat. 1356, 1356A-36.)
References in Text
Section 1602 of the Transportation Equity Act for the 21st Century,
referred to in subsecs. (a), (c), and (e), is section 1602 of Pub. L.
105-178, title I, June 9, 1998, 112 Stat. 256, which is not classified
to the Code.
Section 1102(g) of the Transportation Equity Act for the 21st
Century, referred to in subsec. (g), is section 1102(g) of Pub. L. 105-
178, which is set out as a note under section 104 of this title.
Prior Provisions
A prior section 117, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897;
Pub. L. 93-87, title I, Sec. 116(a), Aug. 13, 1973, 87 Stat. 258; Pub.
L. 94-280, title I, Sec. 116, May 5, 1976, 90 Stat. 436; Pub. L. 97-449,
Sec. 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102-240, title I,
Sec. 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification
acceptance, prior to repeal by Pub. L. 105-178, title I, Sec. 1601(a),
June 9, 1998, 112 Stat. 255.
Amendments
2000--Subsec. (c). Pub. L. 106-346 inserted before period at end ``;
except that the Federal share on account of the project to be carried
out under item 1419 of the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 309), relating
to reconstruction of a road and causeway in Shiloh Military Park in
Hardin County, Tennessee, shall be 100 percent of the total cost
thereof''.
Section Referred to in Other Sections
This section is referred to in sections 112, 114, 145 of this title.
