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40 U.S.C. § 14501 — Appalachian development highway system
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** To provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation may assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. Construction on the development highway system shall not be more than three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve specific recreational, residential, educational, commercial, industrial, or similar facilities or facilitate a school consolidation program.
**(b) Commission Designations.—**
(1) **What is to be designated.—** — The Appalachian Regional Commission shall transmit to the Secretary its designations of—
(A) the general corridor location and termini of the development highways;
(B) local access roads to be constructed;
(C) priorities for the construction of segments of the development highways; and
(D) other criteria for the program authorized by this section.
(2) **State transportation department recommendation required.—** — Before a state member participates in or votes on designations, the member must obtain the recommendations of the state transportation department of the State which the member represents.
**(c) Addition to Federal-aid Primary System.—** When completed, each development highway not already on the Federal-aid primary system shall be added to the system.
**(d) Use of Specific Materials and Products.—**
(1) **Indigenous materials and products.—** — In the construction of highways and roads authorized under this section, a St
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Source location: Title 40, Chapter 145, § 14501; chapter-145-special-appalachian-programs.md
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**(a) Purpose.—** To provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation may assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. Construction on the development highway system shall not be more than three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve specific recreational, residential, educational, commercial, industrial, or similar facilities or facilitate a school consolidation program.
**(b) Commission Designations.—**
(1) **What is to be designated.—** — The Appalachian Regional Commission shall transmit to the Secretary its designations of—
(A) the general corridor location and termini of the development highways;
(B) local access roads to be constructed;
(C) priorities for the construction of segments of the development highways; and
(D) other criteria for the program authorized by this section.
(2) **State transportation department recommendation required.—** — Before a state member participates in or votes on designations, the member must obtain the recommendations of the state transportation department of the State which the member represents.
**(c) Addition to Federal-aid Primary System.—** When completed, each development highway not already on the Federal-aid primary system shall be added to the system.
**(d) Use of Specific Materials and Products.—**
(1) **Indigenous materials and products.—** — In the construction of highways and roads authorized under this section, a State may give special preference to the use of materials and products indigenous to the Appalachian region.
(2) **Coal derivatives.—** — For research and development in the use of coal and coal products in highway construction and maintenance, the Secretary may require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not more than 10 percent of the roads authorized under this subtitle.
**(e) Federal Share.—** Federal assistance to any construction project under this section shall not be more than 80 percent of the cost of the project.
**(f) Construction Without Federal Amounts.—**
(1) **Payment of federal share.—** — When a participating State constructs a segment of a development highway without the aid of federal amounts and the construction is in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with those amounts, except for procedures and requirements that limit a State to the construction of projects for which federal amounts have previously been appropriated, the Secretary, on application by the State and with the approval of the Commission, may pay to the State the federal share, which shall not be more than 80 percent of the cost of the construction of the segment, from any amounts appropriated and allocated to the State to carry out this section.
(2) **No commitment or obligation.—** — This subsection does not commit or obligate the Federal Government to provide amounts for segments of development highways constructed under this subsection.
**(g) Application of Title 23.—**
(1) **Sections 106(a) and 118.—** — Sections 106(a) and 118 of title 23 apply to the development highway system and the local access roads.
(2) **Construction and maintenance.—** — States are required to maintain each development highway and local access road as provided for Federal-aid highways in title 23. All other provisions of title 23 that are applicable to the construction and maintenance of Federal-aid primary and secondary highways and which the Secretary decides are not inconsistent with this subtitle shall apply to the system and roads, respectively.
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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) In General.—**
(1) **Submission of plans, specifications, and estimates.—** — Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require.
(2) **Project agreement.—** — The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval.
(3) **Contractual obligation.—** — The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project.
(4) **Guidance.—** — In taking action under this subsection, the Secretary shall be guided by section 109.
**(b) Project Agreement.—**
(1) **Provision of state funds.—** — The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction.
(2) **Representations of state.—** — If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1).
**(c) Assumption
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Program.—** — The term “program” means the program established under subsection (b)(1).
(2) **Rural area.—** — The term “rural area” means an area that is outside an urbanized area with a population of over 200,000.
**(b) Establishment.—**
(1) **In general.—** — The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.
(2) **Goals.—** — The goals of the program shall be—
(A) to increase connectivity;
(B) to improve the safety and reliability of the movement of people and freight; and
(C) to generate regional economic growth and improve quality of life.
(3) **Grant administration.—** — The Secretary may—
(A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and
(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program.
**(c) Eligible Entities.—** The Secretary may make a grant under the program to—
(1) a State;
(2) a regional transportation planning organization;
(3) a unit of local government;
(4) a Tribal government or a consortium of Tribal governments; and
(5) a multijurisdictional group of entities described in paragraphs (1) through (4).
**(d) Applications.—** To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
**(e) Eligible Projects.—**
(1) **In general.—** — Except as pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 173
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—**
(1) **Federal grant programs.—** — In this section, the term “federal grant programs”—
(A) means any federal grant program that provides assistance for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including a federal grant program authorized by—
(i) the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.);
(ii) chapter 2003 of title 54;
(iii) the Watershed Protection and Flood Prevention Act ([16 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1001&num=0&edition=prelim) et seq.);
(iv) the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.);
(v) the Federal Water Pollution Control Act ([33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.) (known as the Clean Water Act);
(vi) title VI of the Public Health Services Act ([42 U.S.C. 291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291&num=0&edition=prelim) et seq.);
(vii) sections 201 and 209 of the Public Works and Economic Development Act of 1965 ([42 U.S.C. 3141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3141&num=0&edition=prelim), 3149);
(viii) title I of the Housing and Community Development Act of 1974 ([42 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5301&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 14507
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designations.—**
(1) **In general.—** — The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall—
(A) designate as “distressed counties” those counties in the Appalachian region that are the most severely and persistently distressed;
(B) designate as “at-risk counties” those counties in the Appalachian region that are most at risk of becoming economically distressed; and
(C) designate two categories of economically strong counties, consisting of—
(i) “competitive counties”, which shall be those counties in the region that are approaching economic parity with the rest of the United States; and
(ii) “attainment counties”, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States.
(2) **Annual review of designations.—** — The Commission shall—
(A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and
(B) renew the designation for another one-year period only if the county still meets the criteria.
**(b) Distressed Counties.—** In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section.
**(c) Economically Strong Counties.—**
(1) **Competitive counties.—** — Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 14526
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appropriation** In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated—
(1) $219,800,000,000, to remain available through December 31, 2024 (except as provided in subsection (c)(5)), for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19); and
(2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds established under this subchapter.
**(b) Authority to make payments**
(1) **Payments to territories**
(A) *In general* — The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection (a)(1) to make payments to the territories.
(B) *Allocation* — Of the amount reserved under subparagraph (A)—
(i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and
(ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory in an amount which bears the same proportion to ½ of the total amount reserved under subparagraph (A) as the population of the territory bears to the total population of all such territories.
(C) *Payment* — The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6).
(2) **Payments to Tribal governments**
(A) *In general* — The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal governments.
(B) *Allocation* — Of the amount reserved under subparagraph (A)—
(i) $1,000,0
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 251
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 14501
1 So in original. Probably should be followed by a period.
section 14302 of this title, state and regional de-
velopment plans and strategy statements, and
any multistate subregional plans which may be
developed.
(b) APPLICATION PROCESS.—An application for
a grant or for other assistance for a specific
project under this subtitle shall be made
through the state member of the Commission
representing the applicant. The state member
shall evaluate the application for approval. To
be approved, the state member must certify, and
the Federal Cochairman must determine, that
the application—
(1) implements the Commission-approved
state development plan;
(2) is included in the Commission-approved
strategy statement;
(3) adequately ensures that the project will
be properly administered, operated, and main-
tained; and
(4) otherwise meets the requirements for as-
sistance under this subtitle.
(c) AFFIRMATIVE VOTE REQUIREMENT DEEMED
MET.—After the appropriate state development
plan and strategy statement are approved, cer-
tification by a state member, when joined by an
affirmative vote of the Federal Cochairman, is
deemed to satisfy the requirements for affirma-
tive votes for decisions under section 14302(a) of
this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1264.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
14322(a) ......
40 App.:303 (1st sen-
tence).
Pub. L. 89–4, title III, § 303,
Mar. 9, 1965, 79 Stat. 20;
Pub. L. 90–103, title I, § 121,
Oct. 11, 1967, 81 Stat. 265;
Pub. L. 94–188, title I, § 120,
Dec. 31, 1975, 89 Stat. 1086;
Pub.
L.
107–149,
§ 13(i),
Mar. 12, 2002, 116 Stat. 72.
14322(b) ......
40 App.:303 (2d, 3d
s
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 14501
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