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23 U.S.C. § 142 — Public transportation
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under [section 104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim) shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.
(3) *
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Source location: Title 23, Chapter 1, § 142; chapter-001-federal-aid-highways.md
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**(a)**
(1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under [section 104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim) shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.
(3) **Bus corridors.—** — In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—
(A) traffic signaling and prioritization systems;
(B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;
(C) on-street stations;
(D) fare collection systems;
(E) information and wayfinding systems; and
(F) depots.
**(b)** Sums apportioned in accordance with section 104(b)(1) shall be available to finance the Federal share of projects for exclusive or preferential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of [section 109(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section109/b&num=0&edition=prelim).
**(c) Accommodation of Other Modes of Transportation.—** The Secretary may approve as a project on any Federal-aid highway for payment from sums apportioned under section 104(b) modifications to existing highways eligible under the program that is the source of the funds on such highway necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety.
**(d) Metropolitan Planning.—** Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134.
**(e)**
(1) For all purposes of this title, a project authorized by subsection (a)(1) of this section shall be deemed to be a highway project.
(2) Projects authorized by subsection (a)(2) shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the surface transportation block grant program, except to the extent determined inconsistent by the Secretary.
(3) The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in [section 120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section120&num=0&edition=prelim).
**(f) Availability of Rights-of-Way.—** In any case where sufficient land or air space exists within the publicly acquired rights-of-way of any highway, constructed in whole or in part with Federal-aid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety.
**(g)** The provision of assistance under subsection (a)(2) shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable.
**(h)** Funds available for expenditure to carry out the purposes of subsection (a)(2) of this section shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to chapter 53 of title 49.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section:
(1) The term “Committee” means the Low-Noise-Emission Product Advisory Committee.
(2) The term “Federal Government” includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia.
(3) The term “low-noise-emission product” means any product which emits noise in amounts significantly below the levels specified in noise emission standards under regulations applicable under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) at the time of procurement to that type of product.
(4) The term “retail price” means (A) the maximum statutory price applicable to any type of product; or (B) in any case where there is no applicable maximum statutory price, the most recent procurement price paid for any type of product.
**(b) Certification of products; Low-Noise-Emission Product Advisory Committee**
(1) The Administrator shall determine which products qualify as low-noise-emission products in accordance with the provisions of this section.
(2) The Administrator shall certify any product—
(A) for which a certification application has been filed in accordance with paragraph (5)(A) of this subsection;
(B) which is a low-noise-emission product as determined by the Administrator; and
(C) which he determines is suitable for use as a substitute for a type of product at that time in use by agencies of the Federal Government.
(3) The Administrator may establish a Low-Noise-Emission Product Advisory Committee to assist him in determining which products qualify as low-noise-emission products for purposes of this section. The Committee shall include the Administrator
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4914
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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) Authority of Administrator to prescribe by regulation** Except as otherwise provided in subsection (b)—
(1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution.
(2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.
(3)
(A) *In general.—*
(i) Unless the standard is changed as provided in subparagraph (B), regulations under paragraph (1) of this subsection applicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or after model year 1983 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7521
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Federal law — U.S. Code and appendices · legal_authorities
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):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proposed regulations**
(1) The Administrator shall publish proposed regulations, meeting the requirements of subsection (c), for each product—
(A) which is identified (or is part of a class identified) in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) as a major source of noise,
(B) for which, in his judgment, noise emission standards are feasible, and
(C) which falls in one of the following categories:
(i) Construction equipment.
(ii) Transportation equipment (including recreational vehicles and related equipment).
(iii) Any motor or engine (including any equipment of which an engine or motor is an integral part).
(iv) Electrical or electronic equipment.
(2)
(A) Initial proposed regulations under paragraph (1) shall be published not later than eighteen months after October 27, 1972, and shall apply to any product described in paragraph (1) which is identified (or is a part of a class identified) as a major source of noise in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) on or before the date of publication of such initial proposed regulations.
(B) In the case of any product described in paragraph (1) which is identified (or is part of a class identified) as a major source of noise in a report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such prod
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas better connect housing and employment,,11 So in original. Probably should be “urbanized areas, better connect housing and employment,”. and take into consideration resiliency needs while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d).
**(b) Definitions.—** In this section and section 135, the following definitions apply:
(1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose loca
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Municipal solid waste** — The term “municipal solid waste” has the meaning given the term “solid waste” in [section 6903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim).
(2) **RFG State** — The term “RFG State” means a State in which is located one or more covered areas (as defined in [section 7545(k)(10)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7545/k/10/D&num=0&edition=prelim)).
(3) **Secretary** — The term “Secretary” means the Secretary of Energy.
**(b) Cellulosic biomass ethanol and municipal solid waste loan guarantee program**
(1) **In general** — Funds may be provided for the cost (as defined in the Federal Credit Reform Act of 1990 ([2 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661&num=0&edition=prelim) et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act 11 See References in Text note below. to carry out commercial demonstration projects for celluosic 22 So in original. biomass and sucrose-derived ethanol.
(2) **Demonstration projects**
(A) *In general* — The Secretary shall issue loan guarantees under this section to carry out not more than 4 projects to commercially demonstrate the feasibility and viability of producing cellulosic biomass ethanol or sucrose-derived ethanol, including at least 1 project that uses cereal straw as a feedstock and 1 project that uses municipal solid waste as a feedstock.
(B) *Design capacity* — Each project shall have a design capacity to produce at least 30,000,000 gallons of cellulosic biomass ethanol each year.
(3) **Applicant assurances** — An applicant for a loan guarantee under th
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Federal law — U.S. Code and appendices · legal_authorities
Page 223
TITLE 23—HIGHWAYS
§ 142
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effec-
tive and Termination Dates of 2012 Amendment note
under section 101 of this title.
EFFECTIVE DATE OF 1995 AMENDMENT
Pub. L. 104–59, title II, § 205(d)(3), Nov. 28, 1995, 109
Stat. 577, provided that: ‘‘The amendments made by
paragraph (1) [amending this section and repealing sec-
tion 154 of this title] shall be applicable to a State on
the 10th day following the date of the enactment of this
Act [Nov. 28, 1995]; except that if the legislature of a
State is not in session on such date of enactment and
the chief executive officer of the State declares, before
such 10th day, that the legislature is not in session and
that the State prefers an applicability date for such
amendments that is after the date on which the legisla-
ture will convene, such amendments shall be applicable
to the State on the 60th day following the date on
which the legislature next convenes.’’
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.
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–599, title I, § 123(e), Nov. 6, 1978, 92 Stat.
2702, provided that subsec. (c)(2) and (3) of this section
be applicable to certifications required by this section
to be filed on or after Jan. 1, 1980, prior to repeal b
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