§ 203. — 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: 23USC203]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 203. Availability of funds
Funds authorized for forest development roads and trails, public
lands development roads and trails, park road, parkways, refuge roads,
Indian reservation roads, and public lands highways shall be available
for contract upon apportionment, or on October 1, of the fiscal year for
which authorized if no apportionment is required. Any amount remaining
unexpended for a period of three years after the close of the fiscal
year for which authorized shall lapse. The Secretary of the Department
charged with the administration of such funds is granted authority to
incur obligations, approve projects, and enter into contracts under such
authorizations and his action in doing so shall be deemed a contractual
obligation of the United States for the payment of the cost thereof and
such funds shall be deemed to have been expended when so obligated. Any
funds heretofore or hereafter authorized for any fiscal year for forest
development roads and trails, public lands development roads and trails,
park road, parkways, refuge roads, Indian roads, and public lands
highways shall be deemed to have been expended if a sum equal to the
total of the sums authorized for such fiscal year and previous fiscal
years since and including the fiscal year ending June 30, 1955, shall
have been obligated. Any of such funds released by payment of final
voucher or modification of project authorizations shall be credited to
the balance of unobligated authorizations and be immediately available
for expenditure. Notwithstanding any other provision of law, the
authorization by the Secretary of engineering and related work for a
Federal lands highways program project, or the approval by the Secretary
of plans, specifications, and estimates for construction of a Federal
lands highways program project, shall be deemed to constitute a
contractual obligation of the Federal Government to pay the Federal
share of the cost of the project.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 86-657, Sec. 8(b),
July 14, 1960, 74 Stat. 524; Pub. L. 87-866, Sec. 7, Oct. 23, 1962, 76
Stat. 1147; Pub. L. 94-280, title I, Sec. 117(b), May 5, 1976, 90 Stat.
437; Pub. L. 97-424, title I, Sec. 126(f), Jan. 6, 1983, 96 Stat. 2116;
Pub. L. 102-240, title I, Sec. 1032(f), Dec. 18, 1991, 105 Stat. 1975;
Pub. L. 105-178, title I, Sec. 1115(c), (e)(3), June 9, 1998, 112 Stat.
156, 158.)
Amendments
1998--Pub. L. 105-178 substituted ``for forest development roads and
trails'' for ``for, forest development roads and trails'' in two places,
inserted ``refuge roads,'' after ``parkways,'' in two places, and
inserted at end ``Notwithstanding any other provision of law, the
authorization by the Secretary of engineering and related work for a
Federal lands highways program project, or the approval by the Secretary
of plans, specifications, and estimates for construction of a Federal
lands highways program project, shall be deemed to constitute a
contractual obligation of the Federal Government to pay the Federal
share of the cost of the project.''
1991--Pub. L. 102-240 struck out ``forest highways'' before ``,
forest development roads'' in two places.
1983--Pub. L. 97-424 substituted ``park road'' for ``park roads and
trails'' wherever appearing.
1976--Pub. L. 94-280 substituted ``or on October 1'' for ``or a date
not earlier than one year preceding the beginning'' in first sentence
and ``three years'' for ``two years'' in second sentence.
1962--Pub. L. 87-866 inserted ``public lands development roads and
trails,'' before ``park roads and trails'' in two places.
1960--Pub. L. 86-657 substituted ``Funds authorized'' for ``Funds
now authorized'' in first sentence.
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.
