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23 U.S.C. § 201 — Federal lands and tribal transportation programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
**(b) Availability of Funds.—**
(1) **Availability.—** — Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
(2) **Amount remaining.—** — Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
(3) **Obligations.—** — The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
(4) **Expenditure.—**
(A) *In general.—* — Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be consider
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Source file: Laws/federal/codes/united-states-code/title-23/section-201-federal-lands-and-tribal-transportation-programs--53a27b538e.md
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Source location: Title 23, Chapter 2, § 201; chapter-002-other-highways.md
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**(a) Purpose.—** Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
**(b) Availability of Funds.—**
(1) **Availability.—** — Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
(2) **Amount remaining.—** — Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
(3) **Obligations.—** — The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
(4) **Expenditure.—**
(A) *In general.—* — Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.
(B) *Credited funds.—* — Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—
(i) credited to the balance of unobligated authorizations; and
(ii) immediately available for expenditure.
(5) **Applicability.—** — This section shall not apply to funds authorized before the date of enactment of this paragraph.
(6) **Contractual obligation.—**
(A) *In general.—* — Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—
(i) any project funded under this title; and
(ii) any project funded pursuant to agreements authorized by this title or any other title.
(B) *Effect.—* — Nothing in this paragraph—
(i) affects the application of the Federal share associated with the project being undertaken under this section; or
(ii) modifies the point of obligation associated with Federal salaries and expenses.
(7) **Federal share.—**
(A) *Tribal and federal lands transportation program.—* — The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.
(B) *Federal lands access program.—* — The Federal share of the cost of a project carried out under the Federal lands access program shall be be 11 So in original. up to 100 percent.
**(c) Transportation Planning.—**
(1) **Transportation planning procedures.—** — In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.
(2) **Approval of transportation improvement program.—** — The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.
(3) **Inclusion in other plans.—** — Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—
(A) developed in cooperation with State and metropolitan planning organizations; and
(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs.
(4) **Inclusion in state programs.—** — The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.
(5) **Asset management.—** — The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.
(6) **Data collection.—**
(A) *Data collection.—*
(i) *In general.—* — The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program.
(ii) *Requirement.—* — Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.).
(iii) *Inclusions.—* — Data collected under this paragraph includes—
(I) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and
(II) bridge inspection and inventory information on any Federal bridge open to the public.
(B) *Standards.—* — The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.
(C) *Tribal data collection.—* — In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:
(i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.
(ii) A description of the projects and activities identified under clause (i).
(iii) The current status of the projects and activities identified under clause (i).
(iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).
(7) **Cooperative research and technology deployment.—** — The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.
(8) **Funding.—**
(A) *In general.—* — To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 20 percent of the funds authorized for programs under sections 203 and 204.
(B) *Other activities.—* — In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—
(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and
(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.
**(d) Reimbursable Agreements.—** In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—
(1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and
(2) shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment.
**(e) Transfers.—**
(1) **In general.—** — To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—
(A) the Secretary;
(B) the affected Secretaries of the respective Federal land management agencies;
(C) State departments of transportation; and
(D) local government agencies.
(2) **Credit.—** — The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit.
**(f) Alternative Contracting Methods.—**
(1) **In general.—** — Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—
(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308;
(B) a Federal land management agency, in using any funds pursuant to [section 1535 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1535&num=0&edition=prelim) for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or
(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D).
(2) **Methods described.—** — The contracting methods referred to in paragraph (1) shall include, at a minimum—
(A) project bundling;
(B) bridge bundling;
(C) design-build contracting;
(D) 2-phase contracting;
(E) long-term concession agreements; and
(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
(3) **Effect.—** — Nothing in this subsection—
(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or
(B) modifies the point of obligation of Federal salaries and expenses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if—
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
**(b)** Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided.
**(c)** A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract.
**(d)** An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in—
(1) providing goods or services; or
(2) making an authorized contract with another
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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):
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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
Page 312
TITLE 23—HIGHWAYS
§ 201
Sec.
210.
Defense access roads.
[211 to 216. Repealed.]
217.
Bicycle transportation and pedestrian walk-
ways.
218.
Alaska Highway.
[219.
Repealed.]
Editorial Notes
AMENDMENTS
2021—Pub. L. 117–58, div. A, title I, § 11119(b)(1), Nov.
15, 2021, 135 Stat. 497, added item 208.
2015—Pub. L. 114–94, div. A, title I, §§ 1109(c)(6)(B),
1121(b), Dec. 4, 2015, 129 Stat. 1344, 1368, added item 207
and struck out item 213 ‘‘Transportation alternatives’’.
2012—Pub. L. 112–141, div. A, title I, §§ 1114(b)(2)(B),
1119(c)(1), 1122(b), 1519(c)(1)(B), July 6, 2012, 126 Stat. 468,
491, 497, 575, substituted ‘‘Federal lands and tribal
transportation programs’’ for ‘‘Authorizations’’ in item
201, ‘‘Tribal transportation program’’ for ‘‘Allocations’’
in item 202, ‘‘Federal lands transportation program’’
for ‘‘Availability of funds’’ in item 203, and ‘‘Federal
lands access program’’ for ‘‘Federal lands highways
program’’ in item 204, struck out item 212 ‘‘Inter-Amer-
ican Highway’’, added item 213, and struck out items
214 ‘‘Public lands development roads and trails’’, 215
‘‘Territorial highway program’’, and 216 ‘‘Darien Gap
Highway’’.
2005—Pub. L. 109–59, title I, § 1118(b)(3), Aug. 10, 2005,
119 Stat. 1181, substituted ‘‘Territorial highway pro-
gram’’ for ‘‘Territories highway development program’’
in item 215.
1998—Pub. L. 105–178, title I, § 1112(b), June 9, 1998, 112
Stat. 151, substituted ‘‘Recreational trails program’’ for
‘‘Repealed’’ in item 206.
1987—Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101
Stat. 173, struck out items 211 ‘‘Timber access road
hearings’’, 213 ‘‘Rama Road’’, and 219 ‘‘Safer of off-sys-
tem roads’’.
1983—Pub. L. 97–424, title I, § 126(e)(1), Jan. 6, 1983, 96
Stat. 2115, substituted
Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
Page 709
TITLE 25—INDIANS
§ 5301
Sec.
5325.
Contract funding and indirect costs.
5326.
Indian Health Service: availability of
funds for Indian self-determination or
self-governance contract or grant sup-
port costs.
5327.
Department of the Interior: availability
of funds for Indian self-determination
or self-governance contract or grant
support costs.
5328.
Rules and regulations.
5329.
Contract or grant specifications.
5330.
Rescission of contract or grant and as-
sumption of control of program, etc.;
authority; grounds; procedure; correc-
tion of violation as prerequisite to new
contract or grant agreement; construc-
tion with occupational safety and
health requirements.
5331.
Contract disputes and claims.
5332.
Sovereign
immunity
and
trusteeship
rights unaffected.
SUBCHAPTER II—CONTRACTS WITH STATES
5341.
Donations for Indians; use of gifts; an-
nual report to Congress.
5342.
Contracts for education, medical atten-
tion, relief and social welfare of Indi-
ans.
5343.
Use of Government property by States
and Territories.
5344.
Rules and regulations; minimum stand-
ards of service.
5345.
Contracts
for
education
in
public
schools; submission of education plan
by contractor as prerequisite; criteria
for approval of plan by Secretary of
the Interior; participation by non-In-
dian students.
5346.
Local committee of Indian parents in
school districts having school boards
composed of non-Indian majority.
5347.
Reimbursement to school districts for
educating non-resident students.
5348.
Computation of student count.
SUBCHAPTER III—INDIAN EDUCATION
ASSISTANCE
5351.
School construction, acquisition, or ren-
ovation contracts.
5352.
General education contract and grant
provisions and requirements; school
district qua
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