§ 125. — Emergency relief.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC125]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 125. Emergency relief
(a) General Eligibility.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the Secretary for the
repair or reconstruction of highways, roads, and trails, in any part of
the United States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility.--In no event shall funds be used
pursuant to this section for the repair or reconstruction of bridges
that have been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse due
to a structural deficiency or physical deterioration.
(c) Funding.--Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as may be necessary to establish the
fund authorized by this section and to replenish it on an annual basis:
(1) Not more than $100,000,000 is authorized to be obligated in
any 1 fiscal year commencing after September 30, 1980, to carry out
the provisions of this section; except that, if in any fiscal year
the total of all obligations under this section is less than the
amount authorized to be obligated in such fiscal year, the
unobligated balance of such amount shall remain available until
expended and shall be in addition to amounts otherwise available to
carry out this section each year.
(2) Pending such appropriation or replenishment, the Secretary
may obligate from any funds heretofore or hereafter appropriated for
obligation in accordance with this title, including existing
Federal-aid appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized. Funds obligated
under this paragraph shall be reimbursed from such appropriation or
replenishment.
(d) The Secretary may expend funds from the emergency fund herein
authorized for the repair or reconstruction of highways on Federal-aid
highways in accordance with the provisions of this chapter: Provided,
That (1) obligations for projects under this section, including those on
highways, roads, and trails mentioned in subsection (e) of this section,
resulting from a single natural disaster or a single catastrophic
failure in a State shall not exceed $100,000,000, and (2) the total
obligations for projects under this section in any fiscal year in the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall not exceed $20,000,000. Notwithstanding
any provision of this chapter actual and necessary costs of maintenance
and operation of ferryboats providing temporary substitute highway
traffic service, less the amount of fares charged, may be expended from
the emergency fund herein authorized on Federal-aid highways. Except as
to highways, roads, and trails mentioned in subsection (e) of this
section, no funds shall be so expended unless the Secretary has received
an application therefor from the State transportation department, and
unless an emergency has been declared by the Governor of the State and
concurred in by the Secretary, except that if the President has declared
such emergency to be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) concurrence of the Secretary is not required.
(e) The Secretary may expend funds from the emergency fund herein
authorized, either independently or in cooperation with any other branch
of the Government, State agency, organization, or person, for the 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,
whether or not such highways, roads, or trails are Federal-aid highways.
(f) Treatment of Territories.--For purposes of this section, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered to be States and parts of
the United States, and the chief executive officer of each such
territory shall be considered to be a Governor of a State.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 86-342, title I,
Sec. 107(a), Sept. 21, 1959, 73 Stat. 612; Pub. L. 89-574, Sec. 9(b),
(c), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90-495, Sec. 27(a), Aug. 23,
1968, 82 Stat. 829; Pub. L. 91-605, title I, Sec. 109(a), Dec. 31, 1970,
84 Stat. 1718; Pub. L. 92-361, Aug. 3, 1972, 86 Stat. 503; Pub. L. 94-
280, title I, Sec. 119, May 5, 1976, 90 Stat. 437; Pub. L. 95-599, title
I, Sec. 119, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 96-106, Sec. 19, Nov.
9, 1979, 93 Stat. 799; Pub. L. 97-424, title I, Sec. 153(a), (c), (d),
(h), Jan. 6, 1983, 96 Stat. 2132, 2133; Pub. L. 99-190, Sec. 101(e)
[title III, Sec. 334], Dec. 19, 1985, 99 Stat. 1267, 1290; Pub. L. 99-
272, title IV, Sec. 4103, Apr. 7, 1986, 100 Stat. 114; Pub. L. 100-17,
title I, Secs. 118(a)(1), (b)(1), (2), 133(b)(9), Apr. 2, 1987, 101
Stat. 156, 171; Pub. L. 100-707, Sec. 109(k), Nov. 23, 1988, 102 Stat.
4709; Pub. L. 102-240, title I, Sec. 1022(b), Dec. 18, 1991, 105 Stat.
1951; Pub. L. 102-302, Sec. 101, June 22, 1992, 106 Stat. 252; Pub. L.
105-178, title I, Secs. 1113(b), 1212(a)(2)(A)(i), June 9, 1998, 112
Stat. 151, 193.)
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act,
referred to in subsec. (d), is Pub. L. 93-288, May 22, 1974, 88 Stat.
143, as amended, which is classified principally to chapter 68
(Sec. 5121 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 5121 of Title 42 and Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 1113(b)(2), added subsec.
(a) and struck out former subsec. (a) which authorized expenditures by
Secretary from emergency fund for repair or reconstruction of highways,
roads, or trails which have suffered serious damage from natural
disasters or catastrophic failures from external sources, including
provisions relating to restrictions on eligibility and funding.
Subsecs. (b), (c). Pub. L. 105-178, Sec. 1113(b)(1), (2), added
subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d)
and (e), respectively.
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Pub. L. 105-178, Sec. 1113(b)(3), substituted ``reconstruction of
highways on Federal-aid highways in accordance'' for ``reconstruction of
highways on the Federal-aid highway systems, including the Interstate
System, in accordance'' in first sentence, ``subsection (e) of this
section'' for ``subsection (c) of this section'' in two places,
``authorized on Federal-aid highways'' for ``authorized on the Federal-
aid highway systems, including the Interstate System'' before period at
end of second sentence, and ``Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.)'' for ``Disaster
Relief and Emergency Assistance Act (Public Law 93-288)'' in third
sentence.
Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (b) as (d).
Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 105-178, Sec. 1113(b)(4), substituted
``Federal-aid highways'' for ``on any of the Federal-aid highway
systems'' before period at end.
Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (c) as (e).
Subsec. (f). Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec.
(d) as (f).
1992--Subsec. (b). Pub. L. 102-302, which directed the substitution
of ``on Federal-aid highways'' for ``on the Federal-aid highway systems
including the Interstate System'' in two places, could not be executed
because phrase ``on the Federal-aid highway systems including the
Interstate System'' did not appear in text.
1991--Subsec. (b)(2). Pub. L. 102-240 substituted ``$20,000,000''
for ``$5,000,000''.
1988--Subsec. (b). Pub. L. 100-707 substituted ``and Emergency
Assistance Act'' for ``Act of 1974''.
1987--Subsec. (b). Pub. L. 100-17, Sec. 133(b)(9)(A), substituted
``the Federal-aid highway systems, including the Interstate System'' for
``the Interstate System, the Primary System, and on any routes
functionally classified as arterials or major collectors'' in two
places.
Pub. L. 100-17, Sec. 118(a)(1), substituted ``in a State shall not
exceed $100,000,000.'' for ``shall not exceed $30,000,000 ($55,000,000
for projects in connection with disasters or failures occurring in
calendar year 1985) in any State.''
Pub. L. 100-17, Sec. 118(b)(2), designated existing provisions
related to limitations placed upon obligations for projects under this
section as cl. (1) and added cl. (2).
Subsec. (c). Pub. L. 100-17, Sec. 133(b)(9)(B), substituted ``on any
of the Federal-aid highway systems'' for ``routes functionally
classified as arterials or major collectors''.
Subsec. (d). Pub. L. 100-17, Sec. 118(b)(1), added subsec. (d).
1986--Subsec. (b). Pub. L. 99-272 inserted parenthetical provision
allowing obligations not exceeding $55,000,000 for projects in
connection with disasters or failures occurring in calendar year 1985.
1985--Pub. L. 99-190 amended section in manner substantially
identical to amendment by Pub. L. 99-272.
1983--Subsec. (a). Pub. L. 97-424, Sec. 153(a)(1), inserted ``(1)''
before ``the repair or reconstruction of highways'', and substituted
``Secretary'' for ``he'' before ``shall find have suffered''; (A) and
(B) for (1) and (2), respectively; ``In no event shall funds be used
pursuant to this section for the'' for ``and (2)''; and ``or responsible
local official'' for ``after December 31, 1967, and prior to December
31, 1970,''.
Pub. L. 97-424, Sec. 153(a)(2), inserted ``from the Highway Trust
Fund'' after ``appropriated''.
Pub. L. 97-424, Sec. 153(c), inserted ``and not more than
$100,000,000 is authorized to be expended in any one fiscal year
commencing after September 30, 1980,'' after ``after September 30,
1976,''.
Subsec. (b). Pub. L. 97-424, Sec. 153(d), inserted proviso
establishing a $30,000,000 limit for obligations relating to a single
natural disaster in any one State.
Pub. L. 97-424, Sec. 153(h)(1), substituted ``the Interstate System,
the Primary System, and on any routes functionally classified as
arterials or major collectors,'' for ``the Federal-aid highway systems,
including the Interstate System'', wherever appearing.
Subsec. (c). Pub. L. 97-424, Sec. 153(h)(2), substituted ``routes
functionally classified as arterials or major collectors'' for ``on any
of the Federal-aid highway systems''.
1979--Subsec. (b). Pub. L. 96-106 inserted provision that
notwithstanding any provision of this chapter actual and necessary costs
of maintenance and operation of ferryboats providing temporary
substitute highway traffic service, less the amount of fares charged,
may be expended from the emergency fund herein authorized on the
Federal-aid highway systems, including the Interstate System.
1978--Subsec. (a). Pub. L. 95-599 inserted ``prior to the fiscal
year ending September 30, 1978'' after ``such years, and (2)'', and
inserted provision authorizing appropriations of 100 percent of
expenditures out of the Highway Trust Fund.
1976--Subsec. (a). Pub. L. 94-280, Sec. 119(a)(1)-(3), inserted ``,
and ending before June 1, 1976,'' after ``June 30, 1972,'', authorized
expenditure of not more than $25,000,000 for the three-month period
beginning July 1, 1976, and ending September 30, 1976, and not more than
$100,000,000 in any one fiscal year commencing after September 30, 1976,
and inserted provision that for the purposes of this section the period
beginning July 1, 1976, and ending September 30, 1976, shall be deemed
to be a part of the fiscal year ending September 30, 1977.
Subsec. (b). Pub. L. 94-280, Sec. 119(b), excepted from the
requirement of a concurrence by the Secretary an emergency declared by
the President to be a major disaster for purposes of the Disaster Relief
Act of 1974.
1972--Subsec. (a). Pub. L. 92-361 substituted provisions setting
forth maximum expendable amounts for fiscal years ending July 1, 1972
and for fiscal years commencing after June 30, 1972 and an additional
amount for fiscal year ending June 30, 1973 for provisions setting forth
maximum expendable amount for any fiscal year.
1970--Subsec. (a). Pub. L. 91-605 provided emergency relief for the
repair or reconstruction of bridges which have been permanently closed
to all vehicular traffic by the State after December 31, 1967, and prior
to December 31, 1970, because of imminent danger of collapse due to
structural deficiencies or physical deterioration.
1968--Subsec. (a). Pub. L. 90-495 permitted the use of the emergency
fund for repair or construction caused by other than natural
catastrophes.
1966--Subsec. (a). Pub. L. 89-574, Sec. 9(c), raised from
$30,000,000 to $50,000,000 the upper limit on allowable annual
appropriations to establish and replenish the fund, provided that, if,
in any fiscal year the total of all expenditures under this section is
less than $50,000,000, the unexpended balance of such amount shall
remain available for expenditure during the next two succeeding fiscal
years in addition to amount otherwise available, and provided that 60
per centum of the expenditures under this section are authorized to be
appropriated from the Highway Trust Fund and the remaining 40 per centum
of such expenditures are authorized to be appropriated only from any
monies in the Treasury not otherwise appropriated.
Subsec. (c). Pub. L. 89-574, Sec. 9(b), added parkways, public lands
highways, public lands development roads, and trails to the list of
types of roads the repair or reconstruction of which may be paid for out
of the emergency fund.
1959--Pub. L. 86-342, among other changes, made expenditures from
the emergency fund subject to the provisions of section 120 of this
title, and permitted the Secretary to expend funds from the emergency
fund, either independently or in cooperation with any other branch of
the Government, State agency, organization, or person, for the repair or
reconstruction of forest highways, forest development roads and trails,
park roads and trails, and Indian reservation roads, whether or not such
highways, roads, or trails are on any of the Federal-aid highway
systems.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 applicable only to natural disasters
and catastrophic failures occurring after Dec. 18, 1991, see section
1022(c) of Pub. L. 102-240, set out as a note under section 120 of this
title.
Effective Date of 1987 Amendment
Section 118(a)(2) of Pub. L. 100-17 provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply with respect
to natural disasters and catastrophic failures occurring after December
31, 1985.''
Section 118(b)(3) of Pub. L. 100-17 provided that: ``The amendments
made by paragraphs (1) and (2) [amending this section] shall take effect
on the date of the enactment of this Act [Apr. 2, 1987].''
Effective Date of 1983 Amendment
Section 153(e) of Pub. L. 97-424 provided that: ``The amendments
made by subsection (d) of this section [amending this section] shall
apply to natural disasters or catastrophic failures which the Secretary
finds eligible for emergency relief subsequent to the date of enactment
of this section [Jan. 6, 1983].''
Effective Date of 1968 Amendment
Section 27(c) of Pub. L. 90-495 provided that: ``The amendments made
by this section [amending this section and section 120 of this title]
shall be applicable to repair or reconstruction with respect to which
project agreements have been entered into on or after January 1, 1968.''
Effective Date of 1966 Amendment
Section 9(d) of Pub. L. 89-574 provided that: ``The amendments made
by this section [amending this section] shall take effect July 1,
1966.''
Expenditures Made Prior to Fiscal Year Ending September 30, 1978;
Appropriation From Highway Trust Fund
Section 153(b) of Pub. L. 97-424 provided that: ``Notwithstanding
any other provision of law, all expenditures made under section 125 of
title 23, United States Code, prior to the fiscal year ending September
30, 1978, are authorized to have been appropriated from the Highway
Trust Fund.''
Section Referred to in Other Sections
This section is referred to in section 120 of this title.
