§ 120. — Federal share payable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC120]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 120. Federal share payable
(a) Interstate System Projects.--
(1) In general.--Except as otherwise provided in this chapter,
the Federal share payable on account of any project on the
Interstate System (including a project to add high occupancy vehicle
lanes and a project to add auxiliary lanes but excluding a project
to add any other lanes) shall be 90 percent of the total cost
thereof, plus a percentage of the remaining 10 percent of such cost
in any State containing unappropriated and unreserved public lands
and nontaxable Indian lands, individual and tribal, exceeding 5
percent of the total area of all lands therein, equal to the
percentage that the area of such lands in such State is of its total
area; except that such Federal share payable on any project in any
State shall not exceed 95 percent of the total cost of such project.
(2) State-determined lower federal share.--In the case of any
project subject to paragraph (1), a State may determine a lower
Federal share than the Federal share determined under such
paragraph.
(b) Other Projects.--Except as otherwise provided in this title, the
Federal share payable on account of any project or activity carried out
under this title (other than a project subject to subsection (a)) shall
be--
(1) 80 percent of the cost thereof, except 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
percent of the total area of all lands therein, the Federal share,
for purposes of this chapter, 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; or
(2) 80 percent of the cost thereof, except that in the case of
any State containing nontaxable Indian lands, individual and tribal,
public domain lands (both reserved and unreserved), national
forests, and national parks and monuments, the Federal share, for
purposes of this chapter, 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;
except that the Federal share payable on any project in a State shall
not exceed 95 percent of the total cost of any such project. In any case
where a State elects to have the Federal share provided in paragraph (2)
of this subsection, the State must enter into an agreement with the
Secretary covering a period of not less than 1 year, requiring such
State to use solely for purposes eligible for assistance under this
title (other than paying its share of projects approved under this
title) during the period covered by such agreement the difference
between the State's share as provided in paragraph (2) and what its
share would be if it elected to pay the share provided in paragraph (1)
for all projects subject to such agreement. 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.
(c) Increased Federal Share for Certain Safety Projects.--The
Federal share payable on account of any project for traffic control
signalization, safety rest areas, pavement marking, commuter carpooling
and vanpooling, rail-highway crossing closure, or installation of
traffic signs, traffic lights, guardrails, impact attenuators, concrete
barrier endtreatments, breakaway utility poles, or priority control
systems for emergency vehicles or transit vehicles at signalized
intersections may amount to 100 percent of the cost of construction of
such projects; except that not more than 10 percent of all sums
apportioned for all the Federal-aid systems for any fiscal year in
accordance with section 104 of this title shall be used under this
subsection. In this subsection, the term ``safety rest area'' means an
area where motor vehicle operators can park their vehicles and rest,
where food, fuel, and lodging services are not available, and that is
located on a segment of highway with respect to which the Secretary
determines there is a shortage of public and private areas at which
motor vehicle operators can park their vehicles and rest.
(d) The Secretary may rely on a statement from the Secretary of the
Interior as to the area of the lands referred to in subsections (a) and
(b) of this section. The Secretary of the Interior is authorized and
directed to provide such statement annually.
(e) Emergency Relief.--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 system \1\ as provided in subsections
(a) and (b) 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.
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\1\ So in original. Probably should be ``such highway''.
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(f) The Secretary is authorized to cooperate with the State
transportation departments and with the Department of the Interior in
the construction of Federal-aid highways within Indian reservations and
national parks and monuments under the jurisdiction of the Department of
the Interior and to pay the amount assumed therefor from the funds
apportioned in accordance with section 104 of this title to the State
wherein the reservations and national parks and monuments are located.
(g) 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.
(h) Notwithstanding any other provision of this section or of this
title, the Federal share payable on account of any project under this
title in the Virgin Islands, Guam, American Samoa, or the Commonwealth
of the Northern Mariana Islands shall be 100 per centum of the total
cost of the project.
(i) Increased Non-Federal Share.--Notwithstanding any other
provision of this title and subject to such criteria as the Secretary
may establish, a State may contribute an amount in excess of the non-
Federal share of a project under this title so as to decrease the
Federal share payable on such project.
(j) Credit for Non-Federal Share.--
(1) Eligibility.--A State may use as a credit toward the non-
Federal share requirement for any funds made available to carry out
this title (other than the emergency relief program authorized by
section 125) or chapter 53 of title 49 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.
(2) Maintenance of effort.--
(A) In general.--The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
State funds required to match Federal funds for any program
under this title.
(B) Condition on receipt of credit.--To receive a credit
under paragraph (1) for a fiscal year, a State shall enter into
such agreement as the Secretary may require to ensure that the
State will maintain its non-Federal transportation capital
expenditures in such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal years; except
that if, for any 1 of the preceding 3 fiscal years, the non-
Federal transportation capital expenditures of the State were at
a level that was greater than 130 percent of the average level
of such expenditures for the other 2 of the preceding 3 fiscal
years, the agreement shall ensure that the State will maintain
its non-Federal transportation capital expenditures in the
fiscal year of the credit at or above the average level of such
expenditures for the other 2 fiscal years.
(C) Transportation capital expenditures defined.--In
subparagraph (B), the term ``non-Federal transportation capital
expenditures'' includes any payments made by the State for
issuance of transportation-related bonds.
(3) Treatment.--
(A) Limitation on liability.--Use of a credit for a non-
Federal share under this subsection that is received from a
public, quasi-public, or private agency--
(i) shall not expose the agency to additional liability,
additional regulation, or additional administrative
oversight; and
(ii) shall not subject the agency to any additional
Federal design standards or laws (including regulations) as
a result of providing the non-Federal share other than those
to which the agency is already subject.
(B) Chartered multistate agencies.--When a credit that is
received from a chartered multistate agency is applied to a non-
Federal share under this subsection, such credit shall be
applied equally to all charter States.
(k) 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 Federal-aid highway project the Federal share of which is funded
under section 104.
(l) 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 section 104 and that provides access to or within Federal
or Indian lands.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 898; Pub. L. 86-70,
Sec. 21(d)(4), (e)(4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86-342,
title I, Sec. 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86-657,
Sec. 3, July 14, 1960, 74 Stat. 522; Pub. L. 88-658, Oct. 13, 1964, 78
Stat. 1090; Pub. L. 89-574, Sec. 9(a), Sept. 13, 1966, 80 Stat. 769;
Pub. L. 90-495, Secs. 27(b), 34, Aug. 23, 1968, 82 Stat. 829, 835; Pub.
L. 91-605, title I, Secs. 106(f), 108(a), 109(b), 128, Dec. 31, 1970, 84
Stat. 1718, 1719, 1731; Pub. L. 95-599, title I, Secs. 117, 129(a)-(c),
(i), Nov. 6, 1978, 92 Stat. 2699, 2707, 2708; Pub. L. 97-424, title I,
Secs. 109(b), 117, 123(a), 153(f), 156(c), Jan. 6, 1983, 96 Stat. 2105,
2109, 2113, 2133, 2134; Pub. L. 98-78, title III, Sec. 318, Aug. 15,
1983, 97 Stat. 473; Pub. L. 100-17, title I, Sec. 117(a)-(c)(1), (d),
(e), Apr. 2, 1987, 101 Stat. 155, 156; Pub. L. 102-240, title I,
Secs. 1021(a), (b), 1022(a), Dec. 18, 1991, 105 Stat. 1950, 1951; Pub.
L. 104-59, title III, Sec. 310(a), Nov. 28, 1995, 109 Stat. 582; Pub. L.
104-205, title III, Sec. 353(a), Sept. 30, 1996, 110 Stat. 2980; Pub. L.
105-178, title I, Secs. 1111(a)-(c), 1113(a), (c), formerly (d),
1115(a), (f)(1), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 145, 151,
152, 154, 193; Pub. L. 105-206, title IX, Secs. 9002(i), 9006(a)(2),
July 22, 1998, 112 Stat. 836, 848.)
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 1111(a)(1), designated
existing provisions as par. (1), inserted heading, realigned margins,
and added par. (2).
Subsec. (b). Pub. L. 105-178, Sec. 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). Pub. L. 105-178, Sec. 1111(b), inserted ``or transit
vehicles'' after ``emergency vehicles'' in first sentence.
Subsec. (e). Pub. L. 105-178, Sec. 1113(c), formerly Sec. 1113(d),
renumbered Sec. 1113(c) by Pub. L. 105-206, Sec. 9006(a)(2), substituted
``and (b)'' for ``and (c)'' and ``180 days'' for ``90 days''.
Pub. L. 105-178, Sec. 1113(a), substituted ``highway'' for ``highway
system'' in first sentence.
Subsec. (f). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii), substituted
``State transportation departments'' for ``State highway departments''.
Subsec. (j). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub. L.
105-206, Sec. 9002(i), redesignated subsec. (j), relating to use of
Federal land management agency funds, as (k).
Pub. L. 105-178, Sec. 1115(a), added subsec. (j) relating to use of
Federal land management agency funds.
Pub. L. 105-178, Sec. 1111(c), added subsec. (j) relating to credit
for non-Federal share.
Subsec. (k). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub. L.
105-206, Sec. 9002(i), redesignated subsec. (j), relating to use of
Federal land management agency funds, as (k). Former subsec. (k)
redesignated (l).
Pub. L. 105-178, Sec. 1115(a), added subsec. (k).
Subsec. (l). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub. L.
105-206, Sec. 9002(i), redesignated subsec. (k) as (l).
1996--Subsec. (c). Pub. L. 104-205 inserted ``rail-highway crossing
closure,'' after ``carpooling and vanpooling,''.
1995--Subsec. (c). Pub. L. 104-59 inserted ``safety rest areas,''
after ``signalization,'' and inserted sentence at end defining ``safety
rest area''.
1991--Subsecs. (a) to (c). Pub. L. 102-240, Sec. 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. (b) 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(b) of the Federal-Aid Highway Act of 1956.
Subsec. (d). Pub. L. 102-240, Sec. 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.
Pub. L. 102-240, Sec. 1021(b)(3), which directed the substitution of
``and (b)'' 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.
Pub. L. 102-240, Sec. 1021(a), (b)(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). Pub. L. 102-240, Sec. 1021(b)(2), redesignated subsec.
(f) as (e). Former subsec. (e) redesignated (d).
Subsecs. (f) to (h). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f)
redesignated (e).
Subsec. (i). Pub. L. 102-240, Sec. 1021(b)(2), redesignated subsec.
(n) as (i). Former subsec. (i) redesignated (h).
Subsecs. (j) to (m). Pub. L. 102-240, Sec. 1021(b)(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). Pub. L. 102-240, Sec. 1021(b)(2), redesignated subsec.
(n) as (i).
1987--Subsec. (d). Pub. L. 100-17, Sec. 117(a), inserted ``or for
installation of traffic signs, highway lights, guardrails, or impact
attenuators'' after ``vanpooling''.
Subsec. (f). Pub. L. 100-17, Sec. 117(c)(1), inserted heading 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). Pub. L. 100-17, Sec. 117(b), 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). Pub. L. 100-17, Sec. 117(b), (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). Pub. L. 100-17, Sec. 117(b), redesignated former
subsec. (k) as (l).
Subsec. (m). Pub. L. 100-17, Sec. 117(d)(2), added subsec. (m).
Subsec. (n). Pub. L. 100-17, Sec. 117(e), added subsec. (n).
1983--Subsec. (j). Pub. 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). Pub. L. 97-424, Sec. 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). Pub. L. 97-424, Sec. 117(b), 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.
Pub. L. 97-424, Sec. 123(a), inserted ``or for commuter carpooling
and vanpooling'' before ``, may amount to 100 per centum''.
Subsec. (f). Pub. L. 97-424, Sec. 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). Pub. L. 97-424, Sec. 156(c), added subsec. (i) relating
to Federal share payable for any project financed under section 307(c)
of this title.
Subsec. (j). Pub. L. 97-424, Sec. 117(c), added subsec. (j).
Subsec. (k). Pub. L. 97-424, Sec. 109(b), added subsec. (k).
1978--Subsec. (a). Pub. L. 95-599, Sec. 129(a), substituted ``75 per
centum'' for ``70 per centum'' wherever appearing.
Subsec. (d). Pub. L. 95-599 Secs. 117, 129(b), 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). Pub. L. 95-599, Sec. 129(c), substituted ``75 per
centum'' for ``70 per centum'' wherever appearing.
Subsec. (i). Pub. L. 95-599, Sec. 129(i), added subsec. (i) relating
to Federal share payable for any project in the Virgin Islands, etc.
1970--Subsec. (a). Pub. L. 91-605, Secs. 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). Pub. L. 91-605, Sec. 108(a), substituted ``70 per
centum'' for ``50 per centum''.
Subsec. (f). Pub. L. 91-605, Secs. 108(a), 109(b), inserted
definition of ``a comparable facility'' and substituted ``70 per
centum'' for ``50 per centum''.
Subsec. (h). Pub. L. 91-605, Sec. 128, added subsec. (h).
1968--Subsec. (a). Pub. L. 90-495, Sec. 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). Pub. L. 90-495, Sec. 27(b), 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 86-70, Sec. 21(e)(4), substituted
``subsection (d) of this section'' for ``subsections (d) and (h) of this
section''.
Subsec. (f). Pub. 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). Pub. L. 86-70, Sec. 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.
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 section 1021 of 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.
Section 1022(c) of Pub. L. 102-240 provided that: ``The amendments
made by subsections (a) and (b) [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
Section 117(c)(2) of Pub. L. 100-17 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
Section 129(h) of Pub. L. 95-599 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
Section 108(b) of Pub. L. 91-605, as amended by Pub. L. 93-87, title
I, Sec. 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(b) of Pub. 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 Pub. L. 90-495, set
out as a note under section 125 of this title.
Amendment by section 34 of Pub. L. 90-495 effective Aug. 23, 1968,
see section 37 of Pub. 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 Pub. L. 86-70 effective July 1,
1959, see section 21(d) of Pub. L. 86-70, set out as a note under
section 103 of this title.
Amendment by section 21(e)(4) of Pub. L. 86-70 effective July 1,
1959, see section 12(e) of Pub. L. 86-70, set out as a note under
section 101 of this title.
Credit for Non-Federal Share
Section 1044 of Pub. L. 102-240 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.
``(b) 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
Section 1054 of title I of Pub. L. 102-240 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.
``(b) 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 (b), 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 (b).
``(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
Section 117(f) of Pub. L. 100-17 provided that: ``Notwithstanding
sections 119, 120, and 144 of title 23, United States Code, in each of
fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage specified
in such sections as the Federal share of the cost payable on account of
any highway or bridge construction project in which materials produced
from coal ash are used in significant amounts shall be increased by
adding 5 percent to such percentage; except that in no case shall the
Federal share payable on account of any project exceed 95 percent of the
cost of such project as a result of increasing such Federal share under
this subsection.''
Obligations for Projects Resulting From Natural Disasters or
Catastrophic Failures; Emergency Relief; Federal Share
Section 153(g) of Pub. L. 97-424 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
Pub. L. 94-30, Secs. 1, 2, June 4, 1975, 89 Stat. 171, as amended by
Pub. L. 94-280, title I, Sec. 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
section 117 of this title during the period beginning Feb. 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
Section 507 of Pub. L. 95-599 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.
``(b) 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
Section 209 of act June 29, 1956, ch. 462, title II, 70 Stat. 397,
as amended by Pub. L. 86-342, title II, Sec. 202, Sept. 21, 1959, 73
Stat. 615; Pub. L. 86-346, title I, Sec. 104(5), Sept. 22, 1959, 73
Stat. 622; Pub. L. 86-440, Sec. 1(c), Apr. 22, 1960, 74 Stat. 81; Pub.
L. 87-61, title II, Sec. 207, June 29, 1961, 75 Stat. 128; Pub. L. 88-
578, title II, Sec. 202, Sept. 3, 1964, 78 Stat. 904; Pub. L. 89-44,
title II, Sec. 210, title VIII, Sec. 809(e), June 21, 1965, 79 Stat.
144, 168; Pub. L. 91-258, title II, Secs. 207(e), 208(g), May 21, 1970,
84 Stat. 249, 252; Pub. L. 91-605, title III, Sec. 301, Dec. 31, 1970,
84 Stat. 1743; Pub. L. 94-273, Sec. 18, Apr. 21, 1976, 90 Stat. 379;
Pub. L. 94-280, title III, Sec. 301, May 5, 1976, 90 Stat. 456; Pub. L.
95-599, title V, Secs. 503(a), 504(a), Nov. 6, 1978, 92 Stat. 2757; Pub.
L. 95-618, title II, Sec. 233(b)(2)(E), Nov. 9, 1978, 92 Stat. 3191;
Pub. L. 96-451, title II, Sec. 203(a), Oct. 14, 1980, 94 Stat. 1988;
Pub. L. 97-424, title V, Sec. 531(b), Jan. 6, 1983, 96 Stat. 2191; Pub.
L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:
``(a) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan. 6, 1983,
96 Stat. 2191. Subsec. (a) provided for the creation of a Highway Trust
Fund.]
``(b) 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. Pub. L. 97-424, title V, Sec. 531(b), 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.]''
Section 203(b) of Pub. L. 96-451 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.''
Section 504(b) of Pub. L. 95-599 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.''
Pub. L. 91-258, title II, Sec. 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 Pub. L. 97-248, title
II, Sec. 281(b), Sept. 3, 1982, 96 Stat. 566.
Percentage of Funds Contributed by Alaska
Section 21(d)(4) of Pub. L. 86-70, 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.
Section Referred to in Other Sections
This section is referred to in sections 104, 107, 122, 125, 130,
133, 142, 147, 148, 206, 217 of this title; title 42 section 3338.
