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23 U.S.C. § 125 — Emergency relief

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 125 — Emergency relief

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Source location: Title 23, Chapter 1, § 125; chapter-001-federal-aid-highways.md

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**(a) In General.—** 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 area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of— (1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, wildfire, or landslide; or (2) catastrophic failure from any external cause. **(b) Restriction on Eligibility.—** Funds under this section shall not be used for the repair or reconstruction of a bridge that has 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.—** (1) **In general.—** — Subject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis. (2) **Limitations.—** — The limitations referred to in paragraph (1) are that— (A) not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this section, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall— (i) remain available until expended; and (ii) be in addition to amounts otherwise available to carry out this section for each year; and (B) (i) pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and (ii) funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment. **(d) Eligibility.—** (1) **In general.—** — The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that— (A) no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.) for which concurrence of the Secretary is not required; and (B) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure. (2) **Cost limitation.—** (A) *Definition of comparable facility.—* — In this paragraph, the term “comparable facility” means a facility that— (i) meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life; and (ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. (B) *Limitation.—* — The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility. (3) **Protective features.—** (A) *In general.—* — The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) *Protective features described.—* — A protective feature referred to in subparagraph (A) includes— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) lengthening or raising bridges to increase waterway openings; (vi) increasing the size or number of drainage structures; (vii) replacing culverts with bridges or upsizing culverts; (viii) installing seismic retrofits on bridges; (ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (4) **Debris removal.—** — The costs of debris removal shall be an eligible expense under this section only for— (A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.); (B) an event declared a major disaster or emergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act ([42 U.S.C. 5170b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170b&num=0&edition=prelim), 5173, 5192); or (C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)). (5) **Substitute traffic.—** — Notwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways. **(e) Tribal Transportation Facilities, Federal Lands Transportation Facilities, and Public Roads on Federal Lands.—** (1) **Definitions.—** — In this subsection, the following definitions apply: (A) *Open to public travel.—* — The term “open to public travel” means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road— (i) is maintained; (ii) is open to the general public; and (iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. (B) *Standard passenger vehicle.—* — The term “standard passenger vehicle” means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. (2) **Expenditure of funds.—** — Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways. (3) **Reimbursement.—** (A) *In general.—* — The Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility. (B) *Transfers.—* — With respect to reimbursements described in subparagraph (A)— (i) those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and (ii) the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs. **(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. **(g) Protecting Public Safety and Maintaining Roadways.—** The Secretary may use not more than 5 percent of amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway.

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42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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23 U.S.C. § 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 ther

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42 U.S.C. § 5170b — Essential assistance

**(a) In general** Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows: (1) **Federal resources, generally** — Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this chapter. (2) **Medicine, food, and other consumables** — Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine durable medical equipment,,11 So in original. The extra comma probably should follow “medicine”. food, and other consumable supplies, and other services and assistance to disaster victims. (3) **Work and services to save lives and protect property** — Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including— (A) debris removal; (B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine durable medical equipment,,1 and other essential needs, including movement of supplies or persons; (C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; (D) provision of temporary facilities for schools and other essential community services; (E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards; (G)

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5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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23 U.S.C. § 104 — Apportionment

**(a) Administrative Expenses.—** (1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim). (3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended. **(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr

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23 U.S.C. § 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.—** Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title 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) Obligation and Release of Funds.—** (1) **In general.—** — Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated. (2) **Released funds.—** — Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be— (A) credited to the same class of funds previously apportioned or allocated to the State for the project; and (B) immediately available for obligation. (3) **Net obligations.—** — Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations. **(d)** 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 se

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23 U.S.C. § 202 — Tribal transportation program

**(a) Use of Funds.—** (1) **In general.—** — Funds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of— (A) (i) transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities; (ii) adjacent vehicular parking areas; (iii) interpretive signage; (iv) acquisition of necessary scenic easements and scenic or historic sites; (v) provisions for pedestrians and bicycles; (vi) environmental mitigation in or adjacent to tribal land— (I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate; (vii) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and (viii) other appropriate public road facilities as determined by the Secretary; (B) operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and (C) any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government. (2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with— (A) a State (i

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49 U.S.C. § 311 — Congressional notification requirements

**(a) In General.—** Except as provided in subsection (b) or as expressly provided in another provision of law, the Secretary of Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at least 3 full business days before the announcement is made by the Department. **(b) Emergency Program.—** With respect to an allocation of funds under [section 125 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section125&num=0&edition=prelim), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the allocation— (1) at least 3 full business days before the issuance of the allocation; or (2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process). **(c) Definitions.—** In this section, the following definitions apply: (1) **Appropriate committees of congress.—** — The term “appropriate committees of Congress” means— (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) **Covered project.—** — The term “covered project” means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000. (3) **Department.—** — The term “Department” means the Department of Transpor

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23 U.S.C. § 125 — Emergency relief

Page 132 TITLE 23—HIGHWAYS § 125 Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (k)(1)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 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 4321 of Title 42 and Tables. The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (o)(2), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021. PRIOR PROVISIONS A prior section 124, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95–599, title I, § 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837, related to ad- vances to States, prior to repeal by Pub. L. 112–141, § 3(a), div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 413, 575, effective Oct. 1, 2012. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of this title. § 125. Emergency relief (a) IN GENERAL.—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 area of the United States, including Indian reservations, that the Secretary finds have suf- fered serious damage as a result of— (1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earth- quake, severe storm, wil

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