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23 U.S.C. § 118 — Availability of funds
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 23, Chapter 1, § 118; chapter-001-federal-aid-highways.md
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**(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 serve resource development, recreational, residential, commercial, industrial, or other like purposes.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 replenish
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 125
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs.
**(b) Eligible Projects.—** Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following:
(1) Construction of—
(A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under [section 14501 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14501&num=0&edition=prelim);
(B) ferry boats and terminal facilities—
(i) that are eligible for funding under section 129(c); or
(ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);
(C) transit capital projects eligible for assistance under chapter 53 of title 49;
(D) infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment;
(E) truck parking facilities eligible for funding under section 1401 of MAP–21 ([23 U.S.C. 137](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section137&num=0&edition=prelim) note);
(F) border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU ([23 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section101&num=0&edition=prelim) note); and
(G) wildlife crossing structures.
(2) Operational improvements and capital and oper
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction Work In General.—** The construction of any Federal-aid highway or a portion of a Federal-aid highway shall be undertaken by the respective State transportation departments or under their direct supervision. The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate. The construction work and labor in each State shall be performed under the direct supervision of the State transportation department and in accordance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pursuant to subsection (a) of [section 118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section118&num=0&edition=prelim). After July 1, 1973, the State transportation department shall not erect on any project where actual construction is in progress and visible to highway users any informational signs other than official traffic control devices conforming with standards developed by the Secretary of Transportation.
**(b) Convict Labor and Convict Produced Materials.—**
(1) **Limitation on convict labor.—** — Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.
(2) **Limitation on convict produced materials.—** — Materials produced after July 1, 1991, by convict labor may only be used in such construction—
(A) if such materials are produced by convicts who are on parole, supervised release, or probation from a prison; or
(B) if such materials are produced by convicts in a qualified prison facility and the amount of such materials produced
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Federal law — U.S. Code and appendices · legal_authorities
Page 105
TITLE 23—HIGHWAYS
§ 118
eral assistance other’’ for ‘‘Federal assistance other’’,
inserted dash after ‘‘except that’’, added subpar. (A),
and inserted subpar. (B) designation and ‘‘for a State
not described in subparagraph (A),’’ before ‘‘the total
Federal’’.
Subsecs. (k) to (n). Pub. L. 117–58, § 11110(a)(11), (12),
added subsec. (k) and redesignated former subsecs. (k)
to (m) as (l) to (n), respectively. Former subsec. (n) re-
designated (p) and subsequently struck out.
Subsec. (n)(1). Pub. L. 117–58, § 11110(a)(13), added par.
(1) and struck out former par. (1) which related to con-
gressional notification regarding certain grants.
Subsec. (o). Pub. L. 117–58, § 11110(a)(14), added subsec.
(o).
Subsec. (p). Pub. L. 117–58, § 11110(a)(11), (15), redesig-
nated subsec. (n) as (p), struck it out, and added a new
subsec. (p). Prior to amendment, subsec. related to an-
nual reports on projects by the Secretary and assess-
ments and reports by the Comptroller General.
Subsecs. (q) to (s). Pub. L. 117–58, § 11110(a)(15), added
subsecs. (q) to (s).
2020—Subsec. (d)(2)(A). Pub. L. 116–159 substituted
‘‘$600,000,000’’ for ‘‘$500,000,000’’ and ‘‘2021’’ for ‘‘2020’’ in
introductory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–58 effective Oct. 1, 2021,
see section 10003 of Pub. L. 117–58, set out as a note
under section 101 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 2015, see section 1003 of Pub.
L. 114–94, set out as an Effective Date of 2015 Amend-
ment note under section 5313 of Title 5, Government Or-
ganization and Employees.
EFFICIENT USE OF NON-FEDERAL FUNDS
Pub. L. 117–58, div. A, title I, § 11110(c), Nov. 15, 2021,
135 Stat. 475, provided that:
‘‘(1) IN G
Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 118
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