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23 U.S.C. § 204 — Federal lands access program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Funds.—**
(1) **In general.—** — Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
(i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
(ii) acquisition of necessary scenic easements and scenic or historic sites;
(iii) provisions for pedestrians and bicycles;
(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of visual blight, including screening or removal; and
(ix) other appropriate public road facilities, as determined by the Secretary;
(B) operation and maintenance of transit facilities; and
(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
(2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A) a State (including a political subd
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Source file: Laws/federal/codes/united-states-code/title-23/section-204-federal-lands-access-program--c962b335d9.md
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Source location: Title 23, Chapter 2, § 204; chapter-002-other-highways.md
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**(a) Use of Funds.—**
(1) **In general.—** — Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
(i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
(ii) acquisition of necessary scenic easements and scenic or historic sites;
(iii) provisions for pedestrians and bicycles;
(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of visual blight, including screening or removal; and
(ix) other appropriate public road facilities, as determined by the Secretary;
(B) operation and maintenance of transit facilities; and
(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
(2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A) a State (including a political subdivision of a State); or
(B) an Indian tribe.
(3) **Administration.—** — All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.
(4) **Cooperation.—**
(A) *In general.—* — The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
(B) *Funds received.—* — Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.
(5) **Competitive bidding.—**
(A) *In general.—* — Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
(B) *Exception.—* — Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
(6) **Native plant materials.—** — In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—
(A) the use of locally adapted native plant materials; and
(B) designs that minimize runoff and heat generation.
**(b) Program Distributions.—**
(1) **In general.—** — Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:
(A) 80 percent of the available funding for use in those States that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
(i) 30 percent in the ratio that—
(I) recreational visitation within each such State; bears to
(II) the recreational visitation within all such States.
(ii) 5 percent in the ratio that—
(I) the Federal land area within each such State; bears to
(II) the Federal land area in all such States.
(iii) 55 percent in the ratio that—
(I) the Federal public road miles within each such State; bears to
(II) the Federal public road miles in all such States.
(iv) 10 percent in the ratio that—
(I) the number of Federal public bridges within each such State; bears to
(II) the number of Federal public bridges in all such States.
(B) 20 percent of the available funding for use in those States that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
(i) 30 percent in the ratio that—
(I) recreational visitation within each such State; bears to
(II) the recreational visitation within all such States.
(ii) 5 percent in the ratio that—
(I) the Federal land area within each such State; bears to
(II) the Federal land area in all such States.
(iii) 55 percent in the ratio that—
(I) the Federal public road miles within each such State; bears to
(II) the Federal public road miles in all such States.
(iv) 10 percent in the ratio that—
(I) the number of Federal public bridges within each such State; bears to
(II) the number of Federal public bridges in all such States.
(2) **Data source.—** — Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:
(A) The National Park Service.
(B) The Forest Service.
(C) The United States Fish and Wildlife Service.
(D) The Bureau of Land Management.
(E) The Corps of Engineers.
**(c) Programming Decisions Committee.—**
(1) **In general.—** — Programming decisions shall be made within each State by a committee comprised of—
(A) a representative of the Federal Highway Administration;
(B) a representative of the State Department of Transportation; and
(C) a representative of any appropriate political subdivision of the State.
(2) **Consultation requirement.—** — The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision.
(3) **Project preference.—** — In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.
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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) In general** For purposes of section 204 11 See References in Text note below. of title 23, the road known as “The Trace” and every other paved road within the Recreation Area (including any road constructed to secondary standards) shall be considered to be a forest highway.
**(b) State responsibility**
(1) **In general** — The States shall be responsible for the maintenance of forest highways within the Recreation Area.
(2) **Reimbursement** — To the maximum extent provided by law, from funds appropriated to the Department of Transportation and available for purposes of highway construction and maintenance, the Secretary of Transportation shall reimburse the States for all or a portion of the costs of maintenance of forest highways in the Recreation Area.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460lll–22
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of Policy.—**
(1) **In general.—** — It is the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(2) **Cooperation and consultation.—**
(A) *In general.—* — The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed.
(B) *Timeline for approvals.—*
(i) *In general.—* — The Secretary shall—
(I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and
(II) provide a period of 30 days for receipt of comments.
(ii) *Assumed acceptance.—* — If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action.
(C) *Effect.—* — Nothing in subparagraph (B) affects—
(i) the requirements under—
(I) subsections (b) through (f); or
(II) the consultation process under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim); or
(ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.
(3) **Requirement.—** — After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and wate
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 138
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **Agency.—** — The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government.
(2) **Authorization.—** — The term “authorization” means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.
(3) **Environmental document.—** — The term “environmental document” includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(4) **Environmental impact statement.—** — The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(5) **Environmental review process.—**
(A) *In general.—* — The term “environmental review process” means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(B) *Inclusions.—* — The term “environmental review process” includes the process and schedule, including a timetable for and comp
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—
(1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and
(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Appropriate Competitive Procedures.—**
(1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
(A) solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; or
(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
(2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies.
**(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3301
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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
**(a)** It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
**(b)** The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
**(c) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
**(d) De Minimis Impacts.—**
(1) **Requirements.—**
(A) *Requirements for historic sites.—* — The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 303
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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 resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, 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 5304(d).
**(b) Definitions.—** In this section and section 5304, 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 local government in a nonmetropolitan area with responsibility for transportation.
(5) **Regional transportation planning orga
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Recipient.—** — The term “recipient” means—
(A) a designated recipient or a State that receives a grant under this section directly; or
(B) a State or local governmental entity that operates a public transportation service.
(2) **Subrecipient.—** — The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient.
**(b) General Authority.—**
(1) **Grants.—** — The Secretary may make grants under this section to recipients for—
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2) **Limitations for capital projects.—**
(A) *Amount available.—* — The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section.
(B) *Allocation to subrecipients.—* — A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5310
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