23 U.S.C.
United States Code, 2011 Edition
Title 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
Sec. 117 - High priority projects program
From the U.S. Government Printing Office, www.gpo.gov

§117. High priority projects program

(a) Authorization of High Priority Projects.—

(1) In general.—The Secretary is authorized to carry out high priority projects with funds made available to carry out the high priority projects program under this section.

(2) Availability of funds.—

(A) For tea–21.—Of amounts made available to carry out this section for fiscal years 1998 through 2003, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 257) the amount listed for such project in such section.

(B) For safetea–lu.—Of amounts made available to carry out this section for fiscal years 2005 through 2009, the Secretary, subject to subsection (c), shall make available to carry out each project described in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) the amount listed for such project in such section.


(3) Availability of unallocated funds.—Any amounts made available to carry out such program that are not allocated for projects described in such section shall be available to the Secretary, subject to subsection (b), to carry out such other high priority projects as the Secretary determines appropriate.


(b) For TEA–21.—For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 1998 through 2003—

(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998;

(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999;

(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000;

(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001;

(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and

(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.


(c) For SAFETEA–LU.—For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 2005 through 2009—

(1) 20 percent of such amount shall be available for obligation beginning in fiscal year 2005;

(2) 20 percent of such amount shall be available for obligation beginning in fiscal year 2006;

(3) 20 percent of such amount shall be available for obligation beginning in fiscal year 2007;

(4) 20 percent of such amount shall be available for obligation beginning in fiscal year 2008; and

(5) 20 percent of such amount shall be available for obligation beginning in fiscal year 2009.


(d) Federal Share.—The Federal share payable on account of any project carried out with funds made available to carry out this section shall be 80 percent of the total cost thereof; except that the Federal share on account of the project to be carried out under item 1419 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 309), relating to reconstruction of a road and causeway in Shiloh Military Park in Hardin County, Tennessee, shall be 100 percent of the total cost thereof.

(e) Delegation to States.—Subject to the provisions of this title, the Secretary shall delegate responsibility for carrying out a project or projects, with funds made available to carry out this section, to the State in which such project or projects are located upon request of such State.

(f) Advance Construction.—When a State which has been delegated responsibility for a project under this section—

(1) has obligated all funds allocated under this section and section 1602 of the Transportation Equity Act for the 21st Century or section 1701 1 of the SAFETEA–LU, as the case may be, for such project; and

(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;


the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section and such section 1602 or 1702, as the case may be.

(g) Period of Availability.—Funds made available to carry out this section shall remain available until expended.

(h) Availability of Obligation Limitation.—Obligation authority attributable to funds made available to carry out this section shall only be available for the purposes of this section and shall remain available until obligated pursuant to section 1102(g) of the Transportation Equity Act for the 21st Century or section 1102(g) of the SAFETEA–LU, as the case may be.

(i) Treatment.—Funds allocated to a State in accordance with this section shall be treated as amounts in addition to the amounts a State is apportioned under sections 104, 105, and 144 for programmatic purposes.

(Added Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255; amended Pub. L. 106–346, §101(a) [title III, §363], Oct. 23, 2000, 114 Stat. 1356, 1356A–36; Pub. L. 109–59, title I, §1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Pub. L. 110–244, title I, §101(k), June 6, 2008, 122 Stat. 1574.)

References in Text

TEA–21 and the Transportation Equity Act for the 21st Century, referred to in subsecs. (a)(2)(A), (b), (d), (f)(1), and (h), are Pub. L. 105–178, June 9, 1998, 112 Stat. 107, as amended. Section 1102(g) of the Act was formerly set out as a note under section 104 of this title. Section 1602 of the Act, 112 Stat. 256, is not classified to the Code. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 105–178, set out as a Short Title of 1998 Amendment note under section 101 of this title and Tables.

The SAFETEA–LU and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, referred to in subsecs. (a)(2)(B), (c), (f)(1), and (h), are Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1144. Section 1102(g) of the Act is set out as a note under section 104 of this title. Section 1702 of the Act, 119 Stat. 1256, is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 2005 Amendments note set out under section 101 of this title and Tables.

Prior Provisions

A prior section 117, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 93–87, title I, §116(a), Aug. 13, 1973, 87 Stat. 258; Pub. L. 94–280, title I, §116, May 5, 1976, 90 Stat. 436; Pub. L. 97–449, §5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102–240, title I, §1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255.

Amendments

2008—Subsec. (a)(2)(A). Pub. L. 110–244, §101(k)(3), inserted “(112 Stat. 257)” after “21st Century”.

Subsec. (a)(2)(B). Pub. L. 110–244, §101(k)(4), substituted “subsection (c)” for “subsection (b)” and “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256)” for “SAFETEA–LU”.

Subsecs. (c), (d). Pub. L. 110–244, §101(k)(2), redesignated subsec. (c), relating to Federal share, as (d). Former subsec. (d) redesignated (e).

Subsecs. (e) to (i). Pub. L. 110–244, §101(k)(1), redesignated subsecs. (d) to (h) as (e) to (i), respectively.

2005—Subsec. (a). Pub. L. 109–59, §1701(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary is authorized to carry out high priority projects with funds made available to carry out the high priority projects program under this section. Of amounts made available to carry out this section, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century the amount listed for such project in such section. Any amounts made available to carry out such program that are not allocated for projects described in such section shall be available to the Secretary, subject to subsection (b), to carry out such other high priority projects as the Secretary determines appropriate.”

Subsec. (b). Pub. L. 109–59, §1701(b), amended heading and text generally. Prior to amendment, text read as follows: “For each project to be carried out with funds made available to carry out the high priority projects program under this section—

“(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998;

“(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999;

“(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000;

“(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001;

“(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and

“(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.”

Subsec. (c). Pub. L. 109–59, §1701(b), added subsec. (c) relating to SAFETEA–LU projects.

Subsec. (e). Pub. L. 109–59, §1701(c)(2), substituted “such section 1602 or 1702, as the case may be” for “section 1602 of the Transportation Equity Act for the 21st Century” in concluding provisions.

Subsec. (e)(1). Pub. L. 109–59, §1701(c)(1), inserted “or section 1701 of the SAFETEA–LU, as the case may be,” after “21st Century”.

Subsec. (g). Pub. L. 109–59, §1701(d), inserted “or section 1102(g) of the SAFETEA–LU, as the case may be” before period at end.

2000—Subsec. (c). Pub. L. 106–346 inserted before period at end “; except that the Federal share on account of the project to be carried out under item 1419 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 309), relating to reconstruction of a road and causeway in Shiloh Military Park in Hardin County, Tennessee, shall be 100 percent of the total cost thereof”.

1 So in original. Probably should be “1702”.