§ 118. — Availability of funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC118]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 118. Availability of funds
(a) Date Available for Obligation.--Except as otherwise specifically
provided, authorizations from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this title shall be available for
obligation on the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are authorized, whichever
occurs first.
(b) Period of Availability.--
(1) Interstate construction funds.--Funds apportioned or
allocated for Interstate construction in a State (other than
Massachusetts) shall remain available for obligation in that State
until the last day of the fiscal year in which they are apportioned
or allocated. Sums not obligated by the last day of the fiscal year
in which they are apportioned or allocated shall be allocated to
other States, except Massachusetts, at the discretion of the
Secretary. All sums apportioned or allocated on or after October 1,
1994, shall remain available in the State until expended. All sums
apportioned or allocated to Massachusetts on or after October 1,
1989, shall remain available until expended.
(2) Other funds.--Except as otherwise specifically provided,
funds apportioned or allocated pursuant to this title (other than
for Interstate construction) in a State shall remain available for
obligation in that State for a period of 3 years after the last day
of the fiscal year for which the funds are authorized. Any amounts
so apportioned or allocated that remain unobligated at the end of
that period shall lapse.
(c) Set Asides for Interstate Discretionary Projects.--
(1) In general.--Before any apportionment is made under section
104(b)(4), the Secretary shall set aside $50,000,000 in fiscal year
1998 and $100,000,000 in each of fiscal years 1999 through 2003 for
obligation by the Secretary for projects for resurfacing, restoring,
rehabilitating, and reconstructing any route or portion thereof on
the Interstate System (other than any highway designated as a part
of the Interstate System under section 139 (as in effect on the day
before the date of enactment of the Transportation Equity Act for
the 21st Century)) and any toll road on the Interstate System not
subject to an agreement under section 119(e) (as in effect on
December 17, 1991).
(2) Selection criteria.--The amounts set aside under paragraph
(1) shall be made available by the Secretary to any State applying
for such funds if the Secretary determines that--
(A) the State has obligated or demonstrates that it will
obligate in the fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by itself, is
insufficient to pay the Federal share of the cost of a project
for resurfacing, restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted by the State to
the Secretary for approval; and
(B) the applicant is willing and able to--
(i) obligate the funds within 1 year of the date the
funds are made available;
(ii) apply the funds to a ready-to-commence project; and
(iii) in the case of construction work, begin work
within 90 days after obligation.
(3) Priority consideration for certain projects.--In selecting
projects to fund under paragraph (1), the Secretary shall give
priority consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area or a high
truck-volume route in a rural area.
(4) Period of availability of discretionary funds.--Sums made
available pursuant to this subsection shall remain available until
expended.
(d) Effect of Release of Funds.--Any Federal-aid highway funds
released by the final payment on a project, or by the modification of
the project agreement, shall be credited to the same program funding
category previously apportioned to the State and shall be immediately
available for expenditure.
(e) \1\ Funds made available to the State of Alaska and the
Commonwealth of Puerto Rico under this title may be expended for
construction of access and development roads that will serve resource
development, recreational, residential, commercial, industrial, or other
like purposes.
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\1\ See 1998 Amendment note below.
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(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89-574, Sec. 7(a),
Sept. 13, 1966, 80 Stat. 768; Pub. L. 94-280, title I, Sec. 117(a), May
5, 1976, 90 Stat. 436; Pub. L. 95-599, title I, Sec. 115(a), Nov. 6,
1978, 92 Stat. 2697; Pub. L. 96-106, Sec. 5(a), Nov. 9, 1979, 93 Stat.
797; Pub. L. 97-424, title I, Sec. 115, Jan. 6, 1983, 96 Stat. 2107;
Pub. L. 100-17, title I, Secs. 114(a)-(c), (e)(2)-(4), 115, Apr. 2,
1987, 101 Stat. 150-153; Pub. L. 102-240, title I, Sec. 1020, Dec. 18,
1991, 105 Stat. 1948; Pub. L. 102-388, title IV, Sec. 409, Oct. 6, 1992,
106 Stat. 1565; Pub. L. 105-178, title I, Secs. 1106(c)(1)(B), 1107(b),
1226(b), June 9, 1998, 112 Stat. 136, 137; Pub. L. 105-206, title IX,
Sec. 9003(a), July 22, 1998, 112 Stat. 837.)
References in Text
The date of enactment of the Transportation Equity Act for the 21st
Century, referred to in subsec. (c)(1), is the date of enactment of Pub.
L. 105-178, which was approved June 9, 1998.
Amendments
1998--Subsec. (b). Pub. L. 105-178, Sec. 1226(b)(1), as added by
Pub. L. 105-206, Sec. 9003(a), struck out ``; Discretionary Projects''
after ``Availability'' in heading.
Subsec. (c). Pub. L. 105-178, Sec. 1107(b), reenacted heading
without change and amended text of subsec. (c) generally. Prior to
amendment, text related to set asides for interstate discretionary
projects, including set asides for construction projects and for 4R
projects.
Subsec. (d). Pub. L. 105-178, Sec. 1106(c)(1)(B), which directed the
redesignation of subsec. (e) as (d) and the striking out of former
subsec. (d), was executed by redesignating the subsec. (e) added by Pub.
L. 105-178, Sec. 1226(b)(2) as (d), and striking out former subsec. (d),
to reflect the probable intent of Congress. Former subsec. (d) read as
follows: ``In addition to amounts otherwise available to carry out this
section, an amount equal to the amount by which the unobligated
apportionment for the Interstate System in any State is reduced under
section 103(e)(4) of this title on account of the withdrawal of a route
or portion thereof on the Interstate System, which withdrawal is
approved after the date of enactment of this subsection, shall be
available to the Secretary for obligation in accordance with subsection
(b)(1) of this section.''
Subsec. (e). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), redesignated
subsec. (f) as (e). Subsec. (e) as added by Pub. L. 105-178,
Sec. 1226(b)(2), redesignated (d), to reflect the probable intent of
Congress.
Pub. L. 105-178, Sec. 1226(b)(2), as added by Pub. L. 105-226,
Sec. 9003(a), which directed the addition of subsec. (e) and the
striking out of former subsec. (e), was executed by adding subsec. (e)
and striking out the former subsec. (e) as in effect before the
redesignation of subsecs. (e) and (f) as (d) and (e), respectively, by
Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), to reflect the probable intent
of Congress. Former subsec. (e) read as follows: ``The total payments to
any State shall not at any time during a current fiscal year exceed the
total of all apportionments to such State in accordance with section 104
of this title for such fiscal year and all preceding fiscal years.''
Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), redesignated
subsec. (f) as (e).
1992--Subsec. (b)(1). Pub. L. 102-388 substituted ``construction in
a State (other than Massachusetts)'' for ``construction in a State'' and
``after October 1, 1989'' for ``before October 1, 1989''.
1991--Subsec. (a). Pub. L. 102-240, Sec. 1020(a), added subsec. (a)
and struck out former subsec. (a) which read as follows: ``On and after
the date that the Secretary has certified to each State highway
department the sums apportioned to each Federal-aid system or part
thereof pursuant to an authorization under this title, or under prior
Acts, such sums shall be available for expenditure under the provisions
of this title.''
Subsec. (b). Pub. L. 102-240, Sec. 1020(a), added subsec. (b) and
struck out former subsec. (b) which contained provisions relating to
periods of availability of non-Interstate funds, Interstate construction
funds, and funds for resurfacing, restoring, rehabilitating and
reconstructing Interstate System, and provisions deeming obligation of
funds as equivalent to expenditure and relating to effect of release of
funds.
Subsec. (c)(1). Pub. L. 102-240, Sec. 1020(b)(1), (2), substituted
``1992'' for ``1983'' and ``$100,000,000'' for ``$300,000,000''.
Subsec. (c)(2). Pub. L. 102-240, Sec. 1020(b)(3), added par. (2) and
struck out former par. (2) which read as follows: ``Set aside for 4r
projects.--Before any apportionment is made under section 104(b)(5)(B)
of this title, the Secretary shall set aside $200,000,000 for obligation
by the Secretary in accordance with subsection (b)(3) of this section
and subject to section 149(d) of the Federal-Aid Highway Act of 1987.''
Subsec. (d). Pub. L. 102-240, Sec. 1020(c), substituted ``(b)(1)''
for ``(b)(2)''.
Subsec. (f). Pub. L. 102-240, Sec. 1020(d), struck out ``on a
Federal-aid system'' after ``roads''.
1987--Pub. L. 100-17, Sec. 114(e)(2), substituted ``Availability of
funds'' for ``Availability of sums apportioned'' in section catchline.
Subsec. (b). Pub. L. 100-17, Sec. 114(e)(3)(A), inserted heading.
Subsec. (b)(1). Pub. L. 100-17, Sec. 114(e)(3)(B), (D), inserted
heading and aligned par. (1) with par. (2) as amended.
Subsec. (b)(2). Pub. L. 100-17, Sec. 114(a), amended par. (2)
generally, revising and restating as subpars. (A) to (F) provisions
formerly contained in an undivided paragraph.
Subsec. (b)(3). Pub. L. 100-17, Sec. 114(c), amended par. (3)
generally, revising and restating as subpars. (A) to (D) provisions
formerly contained in an undivided paragraph.
Subsec. (b)(4). Pub. L. 100-17, Sec. 114(e)(3)(C), (D), inserted
heading and aligned par. (4) with par. (2) as amended.
Subsec. (c). Pub. L. 100-17, Sec. 114(b), (e)(4), inserted heading,
designated existing provisions as par. (1), inserted par. (1) heading,
substituted ``Subject to section 149(d) of the Federal-Aid Highway Act
of 1987, such amount'' for ``Such amount'' in par. (1), added par. (2),
and aligned par. (1) with par. (2).
Subsec. (f). Pub. L. 100-17, Sec. 115, inserted ``and the
Commonwealth of Puerto Rico'' after ``the State of Alaska''.
1983--Subsec. (b). Pub. L. 97-424, Sec. 115(a), designated existing
provisions as pars. (1) through (4), in par. (2) as so designated,
substituted ``for projects on the Interstate System (other than projects
for which sums are apportioned under section 104(b)(5)(B)) in accordance
with the following priorities: First, for high cost projects which
directly contribute to the completion of an Interstate segment which is
not open to traffic; and second, for projects of high cost in relation
to a State's apportionment. Sums may only be made available under this
paragraph in any State'' for ``to any other State applying for such
funds for the Interstate System,'' after ``available by the Secretary'',
struck out former cl. (1), which had required readiness to obligate
funds within one year of the date the funds are made available,
redesignated former cls. (2) and (3) as (A) and (B), respectively; and
in par. (3) as so designated, struck out ``and any amounts so
apportioned remaining unexpended at the end of such period shall lapse''
after ``such sums are authorized'', inserted provision relating to the
disposition of funds not obligated within the prescribed time period,
and inserted further provision that sums made available under this
paragraph shall remain available until expended.
Subsecs. (c) to (f). Pub. L. 97-424, Sec. 115(b), added subsecs. (c)
and (d) and redesignated former subsecs. (c) and (d) as (e) and (f),
respectively.
1979--Subsec. (b). Pub. L. 96-106 substituted ``shall continue to be
available for expenditure in that State for a period of two years after
the close of the fiscal year for which such sums are authorized and any
amounts so apportioned remaining unexpended at the end of such period
shall lapse'' for ``remaining unexpended at the end of the period of its
availability shall lapse''.
1978--Subsec. (b). Pub. L. 95-599 substituted provisions relating to
the availability of funds until the end of the fiscal year for
provisions relating to the availability of funds until two years after
the close of the fiscal year and substituted provisions establishing
requirements for eligibility for funds for provisions calling for
immediate reapportionment of unexpended funds.
1976--Subsec. (b). Pub. L. 94-280, in revising text, provided for a
separate three year period of availability of sums apportioned to a
Federal-aid system (other than the Interstate System), increased from
the previously applicable two year period; continued the existing two
year period for sums apportioned to the Interstate System; substituted
provision for reapportionment of sums, apportioned to the States for the
Interstate System under section 104(b)(4)(A), under section 104(b)(5)(A)
of this title and for lapse of sums apportioned to the Interstate System
under section 104(b)(4)(B) of this title for prior provision for
reapportionment of sums, apportioned to the States for the Interstate
System under section 104(b)(4) and (5), under section 104(b)(5) of this
title; and substituted provisions deeming there to be an expenditure of
sums apportioned to a Federal-aid system if a sum equal to the total of
the sums apportioned to the State for the fiscal year and previous
fiscal years is obligated for prior provision deeming an expenditure to
exist if a sum equal to the total of the sums apportioned to the States
for the fiscal year and previous fiscal years is covered by formal
project agreements providing for the expenditure of funds authorized by
each Act which contains provisions authorizing the appropriation of
funds for Federal-aid highways.
1966--Subsec. (d). Pub. L. 89-574 added subsec. (d).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. 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 Pub.
L. 102-240, set out as a note under section 104 of this title.
Effective Date of 1979 Amendment
Section 5(b) of Pub. L. 96-106 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall apply to
all amounts apportioned under section 104(b)(5)(B) of title 23, United
States Code, for the fiscal year 1978 and for subsequent fiscal years.''
Section Referred to in Other Sections
This section is referred to in sections 103, 114, 127, 159, 163, 322
of this title; title 40 section 14501; title 49 section 31314.
