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-American 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 program" 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 L. 105–178, title I, §1112(b), June 9, 1998, 112 Stat. 151, substituted "Recreational trails program" for "Repealed" in item 206.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-system roads".
1983—Pub. L. 97–424, title I, §126(e)(1), Jan. 6, 1983, 96 Stat. 2115, substituted "Allocations" for "Apportionment for allocation" in item 202.
Pub. L. 97–424, title I, §126(e)(2), Jan. 6, 1983, 96 Stat. 2115, substituted "Federal lands highways programs" for "Forest highways" in item 204.
Pub. L. 97–424, title I, §126(e)(3), Jan. 6, 1983, 96 Stat. 2116, substituted "Repealed" in items 206 through 209 which read "Park roads and trails", "Parkways", "Indian reservation roads", "Public lands highways", respectively.
1976—Pub. L. 94–280, title I, §135(b), May 5, 1976, 90 Stat. 442, substituted item 219 "Safer of off-system roads" for "Off-system roads".
1975—Pub. L. 93–643, §122(b), Jan. 4, 1975, 88 Stat. 2290, added item 219.
1973—Pub. L. 93–87, title I, §§124(b), 127(a)(2), Aug. 13, 1973, 87 Stat. 262, 264, added items 217 and 218.
1970—Pub. L. 91–605, title I, §§112(b), 113(b), Dec. 31, 1970, 84 Stat. 1721, 1722, added items 215 and 216.
1962—Pub. L. 87–866, §6(c), Oct. 23, 1962, 76 Stat. 1147, added item 214.
(a)
(b)
(1)
(2)
(3)
(4)
(A)
(B)
(i) credited to the balance of unobligated authorizations; and
(ii) immediately available for expenditure.
(5)
(6)
(A)
(i) any project funded under this title; and
(ii) any project funded pursuant to agreements authorized by this title or any other title.
(B)
(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)
(A)
(B)
(c)
(1)
(2)
(3)
(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)
(5)
(6)
(A)
(i)
(ii)
(iii)
(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)
(C)
(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)
(8)
(A)
(B)
(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)
(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)
(1)
(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)
(Added Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473; amended Pub. L. 114–94, div. A, title I, §§1117(a), 1120, Dec. 4, 2015, 129 Stat. 1356, 1358.)
The date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
A prior section 201, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97–424, title I, §126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105–178, title I, §1115(e)(1), June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473.
2015—Subsec. (c)(6)(A). Pub. L. 114–94, §1120(1), inserted cl. (i) designation and heading, substituted period for "in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—", added cl. (ii) and introductory provisions of cl. (iii), redesignated former cls. (i) and (ii). as subcls. (I) and (II) of cl. (iii), respectively, and realigned margins.
Subsec. (c)(6)(C). Pub. L. 114–94, §1117(a), added subpar. (C).
Subsec. (c)(7), (8). Pub. L. 114–94, §1120(2), added pars. (7) and (8) and struck out former par. (7). Prior to amendment, text of par. (7) read as follows: "To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 114–94, div. A, title I, §1123, Dec. 4, 2015, 129 Stat. 1370, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
"(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—
"(A) a record of decision with respect to the project;
"(B) a finding that the project has no significant impact; or
"(C) a determination that the project is categorically excluded; and
"(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.
"(d)
"(1)
"(2)
"(e)
"(f)
"(1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
"(2) improves the condition of critical transportation facilities, including multimodal facilities;
"(3) needs construction, reconstruction, or rehabilitation;
"(4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
"(5) is included in or eligible for inclusion in the National Register of Historic Places;
"(6) uses new technologies and innovations that enhance the efficiency of the project;
"(7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;
"(8) spans 2 or more States; and
"(9) serves land owned by multiple Federal agencies or Indian tribes.
"(g)
"(1)
"(2)
"(h)
1 See References in Text note below.
(a)
(1)
(A)(i) transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities;
(ii) adjacent vehicular parking areas;
(iii) interpretive signage;
(iv) acquisition of necessary scenic easements and scenic or historic sites;
(v) provisions for pedestrians and bicycles;
(vi) environmental mitigation in or adjacent to tribal land—
(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and
(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(vii) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and
(viii) other appropriate public road facilities as determined by the Secretary;
(B) operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and
(C) any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government.
(2)
(A) a State (including a political subdivision of a State); or
(B) an Indian tribe.
(3)
(4)
(5)
(6)
(7)
(8)
(A)
(i) an amount equal to 25 percent; or
(ii) $500,000.
(B)
(i)
(ii)
(C)
(i)
(I) tribal transportation facilities; and
(II) roads providing access to tribal transportation facilities.
(ii)
(I) be negotiated between the State and the Indian tribe; and
(II) not require the approval of the Secretary.
(9)
(A)
(B)
(10)
(A)
(i)
(ii)
(B)
(b)
(1)
(A)
(B)
(i) were included in the Bureau of Indian Affairs system inventory prior to October 1, 2004;
(ii) are owned by an Indian tribal government;
(iii) are owned by the Bureau of Indian Affairs;
(iv) were constructed or reconstructed with funds from the Highway Trust Fund under the Indian reservation roads program since 1983;
(v) are public roads or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives;
(vi) are public roads within or providing access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians; or
(vii) are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings.
(C)
(D)
(E)
(2)
(3)
(A)
(i)
(I) For fiscal year 2013—
(aa) for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and
(bb) the remainder using tribal shares as described in subparagraphs (B) and (C).
(II) For fiscal year 2014—
(aa) for each Indian tribe, 60 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and
(bb) the remainder using tribal shares as described in subparagraphs (B) and (C).
(III) For fiscal year 2015—
(aa) for each Indian tribe, 40 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and
(bb) the remainder using tribal shares as described in subparagraphs (B) and (C).
(IV) For fiscal year 2016 and thereafter—
(aa) for each Indian tribe, 20 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and
(bb) the remainder using tribal shares as described in subparagraphs (B) and (C).
(ii)
(B)
(i) 27 percent in the ratio that the total eligible road mileage in each tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage shall be computed based on the inventory described in paragraph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B).
(ii) 39 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives.
(iii) 34 percent shall be divided equally among each Bureau of Indian Affairs region. Within each region, such share of funds shall be distributed to each Indian tribe in the ratio that the average total relative need distribution factors and population adjustment factors from fiscal years 2005 through 2011 for a tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region.
(C)
(i)
(I) If the amount made available for the tribal transportation program is less than or equal to $275,000,000, 30 percent of such amount.
(II) If the amount made available for the tribal transportation program exceeds $275,000,000—
(aa) $82,500,000; plus
(bb) 12.5 percent of the amount made available for the tribal transportation program in excess of $275,000,000.
(ii)
(I)
(II)
(aa)
(AA) which such Indian tribes would be entitled under subparagraph (A) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21); and
(BB) the combined amount that such Indian tribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B).
(bb)
(III)
(IV)
(4)
(A)
(B)
(5)
(A) provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;
(B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and
(C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary for Indian Affairs, Department of the Interior, as appropriate.
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(D)
(E)
(F)
(i)
(ii)
(G)
(H)
(I)
(J)
(c)
(1)
(2)
(3)
(A) selected by the Indian tribal government from the transportation improvement program; and
(B) subject to the approval of the Secretary of the Interior and the Secretary.
(d)
(1)
(2)
(A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or
(B) to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts.
(3)
(A) have an opening of not less than 20 feet;
(B) be classified as a tribal transportation facility; and
(C) be structurally deficient or functionally obsolete.
(4)
(e)
(1)
(2)
(f)
(Added Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 476; amended Pub. L. 114–94, div. A, title I, §§1118, 1446(a)(12), Dec. 4, 2015, 129 Stat. 1358, 1438.)
The date of enactment of the MAP–21, referred to in subsec. (b)(3)(A)(ii), (C)(ii)(II)(aa)(AA), (III), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (b)(3)(B), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a) to (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. Section 7(b) of the Act was classified to section 450e(b) of Title 25 prior to editorial reclassification as section 5307(b) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
A prior section 202, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 94–280, title I, §133, May 5, 1976, 90 Stat. 441; Pub. L. 97–424, title I, §126(a), Jan. 6, 1983, 96 Stat. 2113; Pub. L. 102–240, title I, §1032(a), Dec. 18, 1991, 105 Stat. 1974; Pub. L. 105–178, title I, §§1115(b), (e)(2), (f)(2), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 154, 158, 193; Pub. L. 105–206, title IX, §9002(i), July 22, 1998, 112 Stat. 836; Pub. L. 109–59, title I, §1119(c)–(g), Aug. 10, 2005, 119 Stat. 1182–1185, related to allocations, prior to repeal by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473.
2015—Subsec. (a)(6). Pub. L. 114–94, §1118(1), substituted "5 percent" for "6 percent".
Subsec. (b)(3)(A)(i). Pub. L. 114–94, §1446(a)(12)(A), inserted "(a)(6)," after "subsections" in introductory provisions.
Subsec. (b)(3)(C)(ii)(IV). Pub. L. 114–94, §1446(a)(12)(B), substituted "(III)." for "(III).]".
Subsec. (d)(2). Pub. L. 114–94, §1118(2), substituted "3 percent" for "2 percent" in introductory provisions.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 112–141, div. A, title I, §1123, July 6, 2012, 126 Stat. 497, as amended by Pub. L. 113–159, title I, §1001(b)(2), Aug. 8, 2014, 128 Stat. 1840; Pub. L. 114–21, title I, §1001(b)(2), May 29, 2015, 129 Stat. 219; Pub. L. 114–41, title I, §1001(b)(2), July 31, 2015, 129 Stat. 444; Pub. L. 114–73, title I, §1001(b)(2), Oct. 29, 2015, 129 Stat. 569; Pub. L. 114–87, title I, §1001(b)(2), Nov. 20, 2015, 129 Stat. 678, provided that:
"(a)
"(1)
"(A) renders the tribal transportation facility impassable or unusable;
"(B) is caused by—
"(i) a natural disaster over a widespread area; or
"(ii) a catastrophic failure from an external cause; and
"(C) would be eligible under the emergency relief program under section 125 of title 23, United States Code, but does not meet the funding thresholds required by that section.
"(2)
"(3)
"(4)
"(b)
"(1)
"(2)
"(A) an Indian tribe whose annual allocation of funding under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian tribe;
"(B) a governmental subdivision of an Indian tribe—
"(i) that is authorized to administer the funding of the Indian tribe under section 202 of title 23, United States Code; and
"(ii) for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or
"(C) any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code.
"(c)
"(1)
"(A) project scope of work, including deliverables, budget, and timeline;
"(B) the amount of funds requested;
"(C) project information addressing—
"(i) the ranking criteria identified in paragraph (3); or
"(ii) the nature of the emergency or disaster;
"(D) documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code;
"(E) documentation of official tribal action requesting the project;
"(F) documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and
"(G) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination.
"(2)
"(3)
"(A)
"(B)
"(i) the existence of safety hazards with documented fatality and injury accidents;
"(ii) the number of years since the Indian tribe last completed a construction project funded by section 202 of title 23, United States Code;
"(iii) the readiness of the Indian tribe to proceed to construction or bridge design need;
"(iv) the percentage of project costs matched by funds that are not provided under section 202 of title 23, United States Code, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches);
"(v) the amount of funds requested, with requests for lesser amounts given greater priority;
"(vi) the challenges caused by geographic isolation; and
"(vii) all weather access for employment, commerce, health, safety, educational resources, or housing.
"(4)
"(5)
"(A)
"(B)
"(6)
"(A) require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a);
"(B) notify all applicants and Regions in writing of acceptance of applications;
"(C) rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies;
"(D) notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and
"(E) distribute funds to successful applicants.
"(d)
"(1)
"(2)
"(A) consider project applications submitted under paragraph (1) to be a priority; and
"(B) fund the project applications in accordance with paragraph (3).
"(3)
"(A)
"(B)
"(C)
"(4)
"(e)
"(1) transportation planning;
"(2) research;
"(3) routine maintenance activities;
"(4) structures and erosion protection unrelated to transportation and roadways;
"(5) general reservation planning not involving transportation;
"(6) landscaping and irrigation systems not involving transportation programs and projects;
"(7) work performed on projects that are not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary;
"(8) the purchase of equipment unless otherwise authorized by Federal law; or
"(9) the condemnation of land for recreational trails.
"(f)
"(g)
"(h)
"(1)
"(2)
"(A) the funds made available for the program shall remain available until September 30 of the third fiscal year after the year appropriated; and
"(B) the Federal share of the cost of a project shall be 100 percent."
Pub. L. 105–178, title I, §1214(d), June 9, 1998, 112 Stat. 205, as amended by Pub. L. 109–59, title I, §1806, Aug. 10, 2005, 119 Stat. 1460, provided that:
"(1)
"(2)
"(A)
"(B)
"(i) is within, adjacent to, or provides access to an Indian reservation described in paragraph (1);
"(ii) is used by a school bus to transport children to or from a school or Headstart program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); and
"(iii) is maintained by the county in which the public road is located.
"(C)
"(i)
"(ii)
"(3)
"(A) any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations; and
"(B) any funding provided by a State to a county for road maintenance programs in the county.
"(4)
"(5)
"(A)
"(B)
Pub. L. 102–240, title I, §1032(d), Dec. 18, 1991, 105 Stat. 1975, provided that: "Notwithstanding any other provision of law, funds allocated for Indian reservation roads may be used for the purpose of funding road projects on roads of tribally controlled postsecondary vocational institutions."
Pub. L. 102–240, title I, §1042, Dec. 18, 1991, 105 Stat. 1993, directed Secretary of Transportation to conduct a study on funding needs for Indian reservation roads and to report to Congress on results of the study not later than one year after Dec. 18, 1991, prior to repeal by Pub. L. 105–362, title XV, §1501(c), Nov. 10, 1998, 112 Stat. 3294.
1 See References in Text note below.
2 So in original. Probably should be followed by "the".
(a)
(1)
(A) program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—
(i) adjacent vehicular parking areas;
(ii) acquisition of necessary scenic easements and scenic or historic sites;
(iii) provision for pedestrians and bicycles;
(iv) environmental mitigation in or adjacent to Federal land open to the public—
(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and
(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi) congestion mitigation; and
(vii) other appropriate public road facilities, as determined by the Secretary;
(B) capital, operations, and maintenance of transit facilities;
(C) any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and
(D) not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities eligible under subparagraph (A)(iv)(I).
(2)
(A) a State (including a political subdivision of a State); or
(B) an Indian tribe.
(3)
(4)
(A)
(B)
(5)
(A)
(B)
(b)
(1)
(A) in consultation with the Secretaries of the applicable Federal land management agencies; and
(B) in coordination with the transportation plans required under section 201 of the respective transportation systems of—
(i) the National Park Service;
(ii) the Forest Service;
(iii) the United States Fish and Wildlife Service;
(iv) the Corps of Engineers;
(v) the Bureau of Land Management;
(vi) the Bureau of Reclamation; and
(vii) independent Federal agencies with natural resource and land management responsibilities.
(2)
(A)
(B)
(i) the transportation goals of—
(I) a state of good repair of transportation facilities;
(II) a reduction of bridge deficiencies; and
(III) an improvement of safety;
(ii) high-use Federal recreational sites or Federal economic generators; and
(iii) the resource and asset management goals of the Secretary of the respective Federal land management agency.
(C)
(c)
(1)
(2)
(A) provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and
(B) are owned by 1 of the following agencies:
(i) The National Park Service.
(ii) The Forest Service.
(iii) The United States Fish and Wildlife Service.
(iv) The Bureau of Land Management.
(v) The Corps of Engineers.
(vi) The Bureau of Reclamation.
(3)
(4)
(5)
(d)
(Added Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 486; amended Pub. L. 114–94, div. A, title I, §1119, Dec. 4, 2015, 129 Stat. 1358.)
The National Environmental Policy Act of 1969, referred to in subsec. (c)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
A prior section 203, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 86–657, §8(b), July 14, 1960, 74 Stat. 524; Pub. L. 87–866, §7, Oct. 23, 1962, 76 Stat. 1147; Pub. L. 94–280, title I, §117(b), May 5, 1976, 90 Stat. 437; Pub. L. 97–424, title I, §126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 102–240, title I, §1032(f), Dec. 18, 1991, 105 Stat. 1975; Pub. L. 105–178, title I, §1115(c), (e)(3), June 9, 1998, 112 Stat. 156, 158, related to availability of funds, prior to repeal by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473.
2015—Subsec. (a)(1)(B). Pub. L. 114–94, §1119(1)(A), substituted "capital, operations," for "operation".
Subsec. (a)(1)(D). Pub. L. 114–94, §1119(1)(B), substituted "subparagraph (A)(iv)(I)" for "subparagraph (A)(iv)".
Subsec. (b)(1)(B)(vi), (vii). Pub. L. 114–94, §1119(2)(A), added cls. (vi) and (vii).
Subsec. (b)(2)(B). Pub. L. 114–94, §1119(2)(B)(i), inserted "performance management, including" after "support" in introductory provisions.
Subsec. (b)(2)(B)(i)(II). Pub. L. 114–94, §1119(2)(B)(ii), substituted "; and" for ", and".
Subsec. (c)(2)(B)(vi). Pub. L. 114–94, §1119(3), added cl. (vi).
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
(a)
(1)
(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, 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;
(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; and
(vi) 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)
(A) a State (including a political subdivision of a State); or
(B) an Indian tribe.
(3)
(4)
(A)
(B)
(5)
(A)
(B)
(b)
(1)
(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)
(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)
(1)
(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)
(3)
(Added Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 489.)
A prior section 204, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97–424, title I, §126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100–17, title I, §133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–240, title I, §§1030, 1032(b), title VI, §6004(c), Dec. 18, 1991, 105 Stat. 1970, 1974, 2169; Pub. L. 105–178, title I, §1115(d), (e)(4), title V, §5119(a), June 9, 1998, 112 Stat. 156, 158, 452; Pub. L. 109–59, title I, §1119(h)–(k), Aug. 10, 2005, 119 Stat. 1187–1189, related to Federal lands highways program, prior to repeal by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473.
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
(a) Funds available for forest development roads and trails shall be used by the Secretary of Agriculture to pay for the costs of construction and maintenance thereof, including roads and trails on experimental and other areas under Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with a State or civil subdivision thereof, and issue such regulations as he deems advisable.
(b) Cooperation of States, counties, or other local subdivisions may be accepted but shall not be required by the Secretary of Agriculture.
(c) Construction estimated to cost $50,000 or more per mile or $50,000 or more per project for projects with a length of less than one mile, exclusive of bridges and engineering, shall be advertised and let to contract. If such estimated cost is less than $50,000 per mile or $50,000 per project for projects with a length of less than one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account.
(d) Funds available for forest development roads and trails shall be available for adjacent vehicular parking areas, which may include electric vehicle charging stations or natural gas vehicle refueling stations, and for sanitary, water, and fire control facilities.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 86–657, §8(c), July 14, 1960, 74 Stat. 524; Pub. L. 88–423, §4(d), Aug. 13, 1964, 78 Stat. 398; Pub. L. 90–495, §9, Aug. 23, 1968, 82 Stat. 820; Pub. L. 102–240, title I, §1032(c), Dec. 18, 1991, 105 Stat. 1975; Pub. L. 112–141, div. A, title I, §1513(c), July 6, 2012, 126 Stat. 572.)
2012—Subsec. (d). Pub. L. 112–141 inserted ", which may include electric vehicle charging stations or natural gas vehicle refueling stations," after "parking areas".
1991—Subsec. (c). Pub. L. 102–240 substituted "$50,000" for "$15,000" wherever appearing.
1968—Subsec. (c). Pub L. 90–495 increased from $10,000 to $15,000 the cost limitation on construction per mile, or per project for projects of less than a mile, which the Forest Service may construct on its own account and struck out provisions spelling out the functions which the Secretary of Agriculture is authorized to perform in carrying out such construction.
1964—Subsec. (a). Pub. L. 88–423 inserted "and other" after "experimental".
1960—Subsec. (a). Pub. L. 86–657 substituted "may enter into contracts" for "may enter into construction contracts".
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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.
Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.
(a)
(1)
(2)
(A) pedestrian activities, including wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including carriage driving;
(D) nonmotorized snow trail activities, including skiing;
(E) bicycling or use of other human-powered vehicles;
(F) aquatic or water activities; and
(G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.
(b)
(c)
(1) the Governor of the State shall designate the State agency or agencies that will be responsible for administering apportionments made to the State under this section; and
(2) the State shall establish a State recreational trail advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less often than once per fiscal year.
(d)
(1)
(A) have been planned and developed under the laws, policies, and administrative procedures of the State; and
(B) are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor recreation plan required by chapter 2003 of title 54, that is in effect.
(2)
(A) maintenance and restoration of existing recreational trails;
(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;
(C) purchase and lease of recreational trail construction and maintenance equipment;
(D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be—
(i) permissible under other law;
(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by chapter 2003 of title 54 and that is in effect;
(iii) approved by the administering agency of the State designated under subsection (c)(1); and
(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;
(F) assessment of trail conditions for accessibility and maintenance;
(G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to one or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and
(H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year.
(3)
(A)
(i) 40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use;
(ii) 30 percent shall be used for uses relating to motorized recreation; and
(iii) 30 percent shall be used for uses relating to nonmotorized recreation.
(B)
(C)
(4)
(A)
(B)
(e)
(f)
(1)
(2)
(A) the share attributable to the Secretary of Transportation may not exceed the amount determined in accordance with section 120(b) for the cost of a project under this section; and
(B) the share attributable to the Secretary and the Federal agency sponsoring the project may not exceed 95 percent of the cost of a project under this section.
(3)
(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
(B) expended on a project that is eligible for assistance under this section.
(4)
(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
(B) expended on a project that is eligible for assistance under this section.
(5)
(g)
(1) condemnation of any kind of interest in property;
(2) construction of any recreational trail on National Forest System land for any motorized use unless—
(A) the land has been designated for uses other than wilderness by an approved forest land and resource management plan or has been released to uses other than wilderness by an Act of Congress; and
(B) the construction is otherwise consistent with the management direction in the approved forest land and resource management plan;
(3) construction of any recreational trail on Bureau of Land Management land for any motorized use unless the land—
(A) has been designated for uses other than wilderness by an approved Bureau of Land Management resource management plan or has been released to uses other than wilderness by an Act of Congress; and
(B) the construction is otherwise consistent with the management direction in the approved management plan; or
(4) upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred.
(h)
(1)
(A)
(B)
(C)
(2)
(3)
(4)
(A)
(B)
(i)
(Added Pub. L. 105–178, title I, §1112(a), June 9, 1998, 112 Stat. 146; amended Pub. L. 109–59, title I, §1109(b)–(e), Aug. 10, 2005, 119 Stat. 1168–1170; Pub. L. 110–244, title I, §101(q), June 6, 2008, 122 Stat. 1576; Pub. L. 113–287, §5(f)(3), Dec. 19, 2014, 128 Stat. 3268.)
The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, as amended, which is classified generally to subchapter I (§1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.
The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
A prior section 206, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908, provided for use of funds for construction and improvement of park roads and trails and for administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, prior to repeal by Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115.
2014—Subsec. (d)(1)(B). Pub. L. 113–287, §5(f)(3)(A), substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)".
Subsec. (d)(2)(D)(ii). Pub. L. 113–287, §5(f)(3)(B), substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)".
Subsec. (h)(3). Pub. L. 113–287, §5(f)(3)(C), substituted "section 200305(f)(3) of title 54" for "section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))".
2008—Subsec. (d)(3)(A). Pub. L. 110–244 substituted "(B) and (C)" for "(B), (C), and (D)" in introductory provisions.
2005—Subsec. (d)(2). Pub. L. 109–59, §1109(b), amended par. (2) generally. Prior to amendment, par. (2) consisted of subpars. (A) to (G) relating to permissible uses of funds apportioned to carry out this section.
Subsec. (d)(3)(C), (D). Pub. L. 109–59, §1109(c), redesignated subpar. (D) as (C), substituted "(2)(H)" for "(2)(F)", and struck out heading and text of former subpar. (C). Text read as follows: "A State recreational trail advisory committee established under subsection (c)(2) may waive, in whole or in part, the requirements of clauses (ii) and (iii) of subparagraph (A) if the State recreational trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to meet the requirements of clauses (ii) and (iii) of subparagraph (A)."
Subsec. (f)(1). Pub. L. 109–59, §1109(d)(1), inserted "and the Federal share of the administrative costs of a State" after "project" and substituted "be determined in accordance with section 120(b)" for "not exceed 80 percent".
Subsec. (f)(2)(A). Pub. L. 109–59, §1109(d)(2), substituted "the amount determined in accordance with section 120(b) for the cost" for "80 percent of the cost".
Subsec. (f)(2)(B). Pub. L. 109–59, §1109(d)(3), inserted "sponsoring the project" after "Federal agency".
Subsec. (f)(4), (5). Pub. L. 109–59, §1109(d)(4)–(7), added par. (4), redesignated former par. (4) as (5), substituted "the Federal share as determined in accordance with section 120(b)" for "80 percent", and struck out heading and text of former par. (5). Text read as follows: "The Federal share of the administrative costs of a State under this subsection shall be determined in accordance with section 120(b)."
Subsec. (h)(1)(C). Pub. L. 109–59, §1109(e), added subpar. (C).
Pub. L. 112–141, div. A, title I, §1524, July 6, 2012, 126 Stat. 580, provided that:
"(a)
"(b)
"(1) set the amount of a living allowance or rate of pay for each participant in such corps at—
"(A) such amount or rate as required under State law in a State with such requirements; or
"(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and
"(2) not subject such corps to the requirements of section 112 of title 23, United States Code."
Similar provisions were contained in the following prior acts:
Pub. L. 109–59, title I, §1109(f), Aug. 10, 2005, 119 Stat. 1170.
Pub. L. 105–178, title I, §1112(e), June 9, 1998, 112 Stat. 151.
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A)
(i)
(ii)
(I)
(II)
(aa) the transfer may occur in accordance with section 202(a)(9); or
(bb) the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.
(III)
(aa) the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and
(bb) the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.
(B)
(C)
(i)
(ii)
(I)
(II)
(aa) agreements entered into by the Department under—
(AA) section 202(b)(7); and
(BB) section 202(d)(5), as in effect before the date of enactment of MAP–21 (Public Law 112–141); or
(bb) regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the FAST Act.
(3)
(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and
(B) for items identified in subparagraph (A)—
(i) the general budget category assigned;
(ii) the funds to be provided, including those funds to be provided on a recurring basis;
(iii) the time and method of transfer of the funds;
(iv) the responsibilities of the Secretary and the Indian tribe; and
(v) any other provision agreed to by the Indian tribe and the Secretary.
(4)
(A)
(B)
(5)
(e)
(1)
(A)
(i) redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and
(ii) reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are—
(I) expended on projects identified in a transportation improvement program approved by the Secretary; and
(II) used in accordance with the requirements in—
(aa) appropriations Acts;
(bb) this title and chapter 53 of title 49; and
(cc) any other applicable law.
(B)
(2)
(A)
(i)
(ii)
(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;
(II) out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and
(III) distribute funds not transferred under subclause (II) in accordance with applicable law.
(iii)
(B)
(i) the earlier of—
(I) 1 year after the date of submission of the request; or
(II) the date on which the funding agreement expires; or
(ii) such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.
(f)
(1)
(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or
(B) by an administrative judge.
(2)
(A)
(i)
(I) terminate the compact or funding agreement (or a portion thereof); and
(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.
(ii)
(B)
(i) imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or
(ii) gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.
(C)
(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and
(ii) the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.
(D)
(i)
(I) the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and
(II) the jeopardy arises out of a failure to carry out the compact or funding agreement.
(ii)
(E)
(g)
(h)
(1) the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and
(2) such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.
(i)
(1)
(2)
(j)
(1)
(A) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and
(B) the implementation of the compacts and funding agreements.
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(v)
(k)
(1)
(A) maintain current tribal transportation program funding agreements and program agreements; or
(B) enter into new agreements under the authority of section 202(b)(7).
(2)
(l)
(1) Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 458aaa–5),1 relating to general provisions.
(2) Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C. 458aaa–6),1 relating to provisions relating to the Secretary of Health and Human Services.
(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 458aaa–7),1 relating to transfer of funds.
(4) Section 510 of such Act (25 U.S.C. 458aaa–9),1 relating to Federal procurement laws and regulations.
(5) Section 511 of such Act (25 U.S.C. 458aaa–10),1 relating to civil actions.
(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 458aaa–11),1 relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting "transportation facilities and other facilities" for "school buildings, hospitals, and other facilities".
(7) Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 458aaa–14),1 relating to disclaimers.
(8) Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 458aaa–15),1 relating to application of title I provisions.
(9) Section 518 of such Act (25 U.S.C. 458aaa–17),1 relating to appeals.
(m)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(2)
(n)
(1)
(A)
(B)
(C)
(D)
(2)
(A)
(B)
(C)
(3) Effect.—The lack of promulgated regulations shall not limit the effect of this section.
(4)
(Added Pub. L. 114–94, div. A, title I, §1121(a), Dec. 4, 2015, 129 Stat. 1359.)
The date of enactment of MAP–21, referred to in subsec. (d)(2)(C)(ii)(II)(aa)(BB), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The date of enactment of the FAST Act, referred to in subsecs. (d)(2)(C)(ii)(II)(bb) and (n)(1)(A), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (g), (l), and (m)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. Sections 4, 106, 506 to 508, 510 to 512, 515, 516, and 518 of the Act were classified to sections 450b, 450j–1, 458aaa–5 to 458aaa–7, 458aaa–9 to 458aaa–11, 458aaa–14, 458aaa–15, and 458aaa–17, respectively, of Title 25, prior to editorial reclassification as sections 5304, 5325, 5386 to 5388, 5390 to 5392, 5395, 5396, and 5398, respectively, of Title 25. Section 505 of the Act probably should be a reference to section 501 of the Act, which defines terms and was classified to section 458aaa of Title 25 prior to editorial reclassification as section 5381 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
A prior section 207, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 93–87, title I, §150, Aug. 13, 1973, 87 Stat. 275, provided for use of funds for construction and improvement of parkways, including acquisition of rights-of-way and related scenic easements, administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, and that parkway projects on a Federal-aid system be subject to all requirements of this title and of any other law applicable to highways on such system, prior to repeal by Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115.
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
1 See References in Text note below.
Section 208, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 87–282, Sept. 22, 1961, 75 Stat. 584; Pub. L. 93–643, §102(c), Jan. 4, 1975, 88 Stat. 2281, provided for use of funds for construction and improvement of Indian reservation roads and bridges, supervision of such projects by the Secretary, that such funds be only supplementary to funds apportioned under section 104 of this title, for use of Indian labor in such projects, and for cooperation with States and localities.
Section 209, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 88–423, §4(b), Aug. 13, 1964, 78 Stat. 397, provided for use of funds for construction and maintenance of public lands highways, cooperation with State agencies, the application of section 112 of this title to public lands highways, and for use of such funds for adjacent ancillary facilities and services.
(a)(1) The Secretary is authorized, out of the funds appropriated for defense access roads, to provide for the construction and maintenance of defense access roads (including bridges, tubes, and tunnels thereon) to military reservations, to defense industries and defense industry sites, and to the sources of raw materials when such roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, and for replacing existing highways and highway connections that are shut off from the general public use by necessary closures or restrictions at military reservations and defense industry sites.
(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation.
(b) Funds appropriated for the purposes of this section shall be available, without regard to apportionment among the several States, for paying all or any part of the cost of the construction and maintenance of defense access roads.
(c) Funds appropriated for defense maneuvers and exercises, may be used by the Secretary in areas certified to him by the Secretary of Defense as maneuver areas for such construction, maintenance, and repair work as may be necessary to keep the highways therein, which have been or may be used for training of the Armed Forces, in suitable condition for such training purposes and for repairing the damage caused to such highways by the operations of men and equipment in such training.
(d) Whenever any project for the construction of a circumferential highway around a city or of a radial intracity route thereto submitted by any State is certified by the Secretary of Defense, or such other official as the President may designate, as being important for civilian or military defense, such project may be constructed out of the funds heretofore or hereafter authorized to be appropriated for defense access roads.
(e) If the Secretary shall determine that the State transportation department of any State is unable to obtain possession and the right to enter upon and use the required rights-of-way, lands, or interest in lands, improved or unimproved, required for any project authorized by this section with sufficient promptness, the Secretary is authorized to acquire, enter upon, take possession thereof, and expend funds for projects thereon, prior to approval of title by the Attorney General, in the name of the United States, such rights-of-way, lands, or interest in lands as may be required in such State for such projects by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40). The cost incurred by the Secretary in acquiring any such rights-of-way, lands, or interest in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition; and shall be payable out of the funds available for paying the cost or the Federal share of the cost of the project for which such rights-of-way, lands, or interests in lands are acquired. The Secretary is further authorized and directed by proper deed executed in the name of the United States to convey any lands or interests in lands acquired in any State under the provisions of prior Acts or of this section to the State transportation department of such State or to such political subdivision thereof as its laws may provide, upon such terms and conditions as may be agreed upon by the Secretary and the State transportation department, or political subdivisions to which the conveyance is to be made.
(f) The provisions of section 112 of this title are applicable to defense access roads.
(g) If the Secretary shall determine that it is necessary for the expeditious completion of any defense access road project he may advance to any State out of funds appropriated for defense access roads transferred and available to the Department of Transportation the Federal share of the cost of construction thereof to enable the State transportation department to make prompt payments for acquisition of rights-of-way, and for the construction as it progresses. The sums so advanced shall be deposited in a special fund by the State official authorized by State law to receive such funds, to be disbursed solely upon vouchers approved by the State transportation department for rights-of-way which have been or are being acquired and for construction which has been actually performed under this section. Upon determination by the Secretary that funds advanced to any State under the provisions of this subsection are no longer required, the amount of the advance which is determined to be in excess of requirements for the project shall be repaid upon his demand, and such repayments shall be returned to the credit of the appropriation from which the funds were advanced.
(h) Funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to highways by the operation of vehicles and equipment in the construction of classified military installations and facilities for ballistic missiles if the Secretary shall determine that the State transportation department of any State is, or has been, unable to prevent such damage by restrictions upon the use of such highways without interference with, or delay in, the completion of a contract for the construction of such military reservations or installations. This subsection shall apply notwithstanding any provision of contract holding a party thereto responsible for such damage, if the Secretary of Defense or his designee shall determine, in fact, that construction estimates and the bid of such party did not include allowance for repairing such damage. This subsection shall apply to damage caused by construction work commenced prior to June 1, 1961, and still in progress on that date and construction work which is commenced or for which a contract is awarded on or after June 1, 1961.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 86–657, §8(d), July 14, 1960, 74 Stat. 524; Pub. L. 87–61, title I, §105, June 29, 1961, 75 Stat. 123; Pub. L. 97–424, title I, §155, Jan. 6, 1983, 96 Stat. 2134; Pub. L. 100–17, title I, §133(b)(15), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105–178, title I, §1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, §3(2), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 110–417, div. B, title XXVIII, §2814(a), Oct. 14, 2008, 122 Stat. 4728; Pub. L. 112–81, div. B, title XXVIII, §2816(a), Dec. 31, 2011, 125 Stat. 1689; Pub. L. 112–141, div. A, title I, §1516, July 6, 2012, 126 Stat. 574.)
2012—Subsec. (a)(2). Pub. L. 112–141 inserted ", in consultation with the Secretary of Transportation," before "shall determine".
2011—Subsec. (a)(2). Pub. L. 112–81 inserted at end "The Secretary of Defense shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation."
2008—Subsec. (a). Pub. L. 110–417 designated existing provisions as par. (1) and added par. (2).
2006—Subsec. (e). Pub. L. 109–284 substituted "sections 3114 to 3116 and 3118 of title 40" for "the Act of February 26, 1931; 46 Stat. 1421".
1998—Subsecs. (e), (g), (h). Pub. L. 105–178 substituted "State transportation department" for "State highway department" wherever appearing.
1987—Subsec. (g). Pub. L. 100–17 substituted "Transportation" for "Commerce".
1983—Subsec. (c). Pub. L. 97–424 substituted "Funds appropriated for defense maneuvers and exercises" for "Not exceeding $5,000,000 of any funds appropriated under the Act approved October 16, 1951 (65 Stat. 422)".
1961—Subsec. (h). Pub. L. 87–61 added subsec. (h).
1960—Subsec. (g). Pub. L. 86–657 added subsec. (g).
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 112–81, div. B, title XXVIII, §2816(b), Dec. 31, 2011, 125 Stat. 1689, provided that:
"(1)
"(2)
Pub. L. 112–81, div. B, title XXVIII, §2816(c), Dec. 31, 2011, 125 Stat. 1689, provided that: "Amounts requested for a fiscal year for the defense access roads program under section 210 of title 23, United States Code, shall be set forth as a separate budget request in the budget transmitted by the President to Congress for that fiscal year under section 1105 of title 31, United States."
Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, related to timber access road hearings.
Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 909, related to the Inter-American Highway.
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Section, added Pub. L. 112–141, div. A, title I, §1122(a), July 6, 2012, 126 Stat. 494, related to transportation alternatives.
A prior section 213, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 911, related to construction of Rama Road in Republic of Nicaragua, prior to repeal by Pub. L. 100–17, title I, §133(e)(1), Apr. 2, 1987, 101 Stat. 173.
Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Section, added Pub. L. 87–866, §6(b), Oct. 23, 1962, 76 Stat. 1147; amended Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115, related to public lands development roads and trails.
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Section, added Pub. L. 109–59, title I, §1118(a), Aug. 10, 2005, 119 Stat. 1179, related to territorial highway program.
A prior section 215, added Pub. L. 91–605, title I, §112(a), Dec. 31, 1970, 84 Stat. 1720; amended Pub. L. 95–599, title I, §129(f), Nov. 6, 1978, 92 Stat. 2708; Pub. L. 96–106, §9, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, §133(b)(16), Apr. 2, 1987, 101 Stat. 172, related to territorial highway program, prior to repeal by Pub. L. 109–59, title I, §1118(a), Aug. 10, 2005, 119 Stat. 1179.
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Section, added Pub. L. 91–605, title I, §113(a), Dec. 31, 1970, 84 Stat. 1721, related to the Darien Gap Highway.
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(1) maintenance purposes;
(2) when snow conditions and State or local regulations permit, snowmobiles;
(3) motorized wheelchairs;
(4) when State or local regulations permit, electric bicycles; and
(5) such other circumstances as the Secretary deems appropriate.
(i)
(j)
(1)
(2)
(3)
(4)
(Added Pub. L. 93–87, title I, §124(a), Aug. 13, 1973, 87 Stat. 262; amended Pub. L. 94–280, title I, §134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L. 97–424, title I, §126A, formerly §126, Jan. 6, 1983, 96 Stat. 2116, renumbered §126A, Pub. L. 100–17, title I, §133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, §127, Apr. 2, 1987, 101 Stat. 167; Pub. L. 102–240, title I, §1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L. 104–59, title III, §310(b), Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §1202(a), June 9, 1998, 112 Stat. 168; Pub. L. 109–59, title I, §1954, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 112–141, div. A, title I, §1104(c)(4), July 6, 2012, 126 Stat. 427; Pub. L. 114–94, div. A, title I, §1446(a)(13), Dec. 4, 2015, 129 Stat. 1438.)
2015—Subsec. (a). Pub. L. 114–94 substituted "104(b)(4)" for "104(b)(3)".
2012—Subsec. (b). Pub. L. 112–141 substituted "National Highway Performance Program" for "National Highway System" in heading.
2005—Subsec. (c). Pub. L. 109–59 struck out "in conjunction with such trails, roads, highways, and parkways" before period at end.
1998—Subsec. (b). Pub. L. 105–178, §1202(a)(1), inserted "pedestrian walkways and" after "construction of" and struck out "(other than the Interstate System)" after "on the National Highway System".
Subsec. (e). Pub. L. 105–178, §1202(a)(2), struck out ", other than a highway access to which is fully controlled," after "located on a highway".
Subsec. (g). Pub. L. 105–178, §1202(a)(3), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: "Pedestrian walkways and bicycle transportation facilities to be constructed under this section shall be located and designed pursuant to an overall plan to be developed by each metropolitan planning organization and State and incorporated into their comprehensive annual long-range plans in accordance with sections 134 and 135 of this title, respectively. Such plans shall provide due consideration for safety and contiguous routes."
Subsec. (h). Pub. L. 105–178, §1202(a)(4), substituted "Motorized vehicles may not" for "No motorized vehicles shall" in introductory provisions.
Subsec. (h)(3). Pub. L. 105–178, §1202(a)(5), substituted "motorized wheelchairs;" for "when State and local regulations permit, motorized wheelchairs; and".
Subsec. (h)(4), (5). Pub. L. 105–178, §1202(a)(6), added par. (4) and redesignated former par. (4) as (5).
Subsec. (j). Pub. L. 105–178, §1202(a)(7), added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: "For purposes of this section, a 'bicycle transportation facility' means new or improved lanes, paths, or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles."
1995—Subsec. (f). Pub. L. 104–59 substituted "determined in accordance with section 120(b)" for "80 percent".
1991—Pub. L. 102–240 substituted "walkways" for "walkway" in section catchline and amended text generally, substituting present provisions for provisions authorizing States to construct pedestrian walkways and bicycle lanes, paths, etc., as Federal-aid highway projects, relating to safe accommodation of bicycles on bridge with deck replaced or rehabilitated with Federal participation, prohibiting bicycle project under this section unless principally for transportation purposes, deeming walkway and bicycle projects as highway projects and setting Federal share at 100 per centum, allowing use of funds authorized for forest highways, forest development roads and trails, etc., for construction of walkways and bicycle routes, prohibiting use of motor vehicles on trails and walkways, and relating to obligation of funds.
1987—Subsec. (b)(1). Pub. L. 100–17 inserted "and sums apportioned or allocated for highway substitute projects in accordance with section 103(e)(4) of this title" after "title" in second sentence.
1983—Subsec. (a). Pub. L. 97–424 designated as subsec. (a) that portion of former subsec. (a) relating to pedestrian walkways. Remainder of former subsec. (a) relating to bicycles was redesignated (b)(1).
Subsec. (b). Pub. L. 97–424 redesignated as par. (1) that portion of former subsec. (a) relating to bicycles and added pars. (2) and (3). Provisions of former subsec. (b) relating to pedestrian walkways and bicycles projects were redesignated (c) and (d), respectively.
Subsec. (c). Pub. L. 97–424 redesignated as subsec. (c) that portion of former subsec. (b) relating to pedestrian walkways. Provisions of former subsec. (c) relating to pedestrian walkways and to bicycle routes were redesignated (e) and (f), respectively.
Subsec. (d). Pub. L. 97–424 redesignated as subsec. (d) that portion of former subsec. (b) relating to bicycle projects. Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 97–424 redesignated as subsec. (e) that portion of former subsec. (c) relating to pedestrian walkways. Former subsec. (e) redesignated (h) and amended.
Subsec. (f). Pub. L. 97–424 redesignated as subsec. (f) that portion of former subsec. (c) relating to bicycle routes.
Subsec. (g). Pub. L. 97–424 redesignated former subsec. (d) as (g).
Subsec. (h). Pub. L. 97–424 redesignated former subsec. (e) as (h), substituted reference to subsecs. (a), (b), (e), and (f) of this section for reference to former subsecs. (a) and (c), and substituted provision that no State shall obligate more than $4,500,000 for such projects in any fiscal year, except that the Secretary may, upon application, waive this limitation for a State for any fiscal year for provision that no State was to obligate more than $2,500,000 for such projects for any fiscal year.
1978—Subsec. (a). Pub. L. 95–599 inserted provision relating to energy conservation and struck out requirement that such construction be in conjunction with Federal-aid highways.
1976—Subsec. (e). Pub. L. 94–280 substituted "$45,000,000" for "$40,000,000" and "$2,500,000" for "$2,000,000".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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.
Pub. L. 109–59, title I, §1807, Aug. 10, 2005, 119 Stat. 1460, as amended by Pub. L. 110–244, title I, §106, June 6, 2008, 122 Stat. 1602, provided that:
"(a)
"(1) Columbia, Missouri.
"(2) Marin County, California.
"(3) Minneapolis, Minnesota.
"(4) Sheboygan County, Wisconsin.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(g)
Pub. L. 105–178, title I, §1202(b), June 9, 1998, 112 Stat. 169, provided that:
"(1)
"(2)
"(3)
"(4)
Pub. L. 95–619, title VI, §682, Nov. 9, 1978, 92 Stat. 3287, set forth findings respecting an energy conservation bicycle transportation program and required a study and report not more than one year after Nov. 9, 1978, by the Secretary of Transportation for bicycle use potential, etc.
Pub. L. 95–599, title I, §141(a)–(e), (i), Nov. 6, 1978, 92 Stat. 2711, 2712, related to establishment by Secretary of design and construction standards for bikeway construction projects and to grants to States for bikeway construction projects, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.
Pub. L. 93–643, §119, Jan. 4, 1975, 88 Stat. 2288, authorized grants to States for demonstration projects for construction of bikeways, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.
(a) Notwithstanding any other provision of law upon agreement with the State of Alaska, the Secretary is authorized to expend on the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum.
(b) For purposes of this section, the term "Alaska Marine Highway System" includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.
(Added Pub. L. 93–87, title I, §127(a)(1), Aug. 13, 1973, 87 Stat. 264; amended Pub. L. 94–147, Dec. 12, 1975, 89 Stat. 803; Pub. L. 97–424, title I, §158, Jan. 6, 1983, 96 Stat. 2135; Pub. L. 105–277, div. A, §101(g) [title III, §316], Oct. 21, 1998, 112 Stat. 2681–439, 2681–468; Pub. L. 108–7, div. I, title III, §327, Feb. 20, 2003, 117 Stat. 413; Pub. L. 109–59, title IV, §4409, Aug. 10, 2005, 119 Stat. 1778; Pub. L. 112–141, div. A, title I, §1519(c)(10), formerly §1519(c)(11), July 6, 2012, 126 Stat. 576, renumbered §1519(c)(10), Pub. L. 114–94, div. A, title I, §1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)
2015—Pub. L. 114–94 amended Pub. L. 112–141, §1519(c). See 2012 Amendment notes below.
2012—Subsec. (a). Pub. L. 112–141, §1519(c)(10)(A), formerly §1519(c)(11)(A), as renumbered by Pub. L. 114–94, §1446(d)(5)(B), designated third sentence as subsec. (a), struck out ", in addition to such funds," after "provision of law" and "such highway or" after "expend on", and struck out former first, second, fourth, and fifth sentences, including pars. (1) to (5), relating to reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, appropriations for reconstruction, obligation limitation enacted for fiscal year 1983, and certain restrictions on expenditures for construction of highways in Canada.
Subsecs. (b), (c). Pub. L. 112–141, §1519(c)(10)(B), (C), formerly §1519(c)(11)(B), (C), as renumbered by Pub. L. 114–94, §1446(d)(5)(B), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary."
2005—Subsec. (a). Pub. L. 109–59, §4409(1), struck out "prior to the date of the enactment of the reauthorization of the Transportation Equity Act for the 21st Century" before "shall not apply" in introductory provisions.
Subsec. (c). Pub. L. 109–59, §4409(2), added subsec. (c).
2003—Subsec. (a). Pub. L. 108–7 inserted "reauthorization of the" before "Transportation".
1998—Subsec. (a). Pub. L. 105–277, §101(g) [title III, §316(1)(A)], substituted "to Haines" for "to the south Alaskan border" in first sentence, substituted "such highway or the Alaska Marine Highway System" for "such highway" in third sentence, substituted "any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century" for "any other fiscal year thereafter" in fourth sentence, substituted "construction of the portion of such highways that are in Canada until an agreement" for "construction of such highways until an agreement" in fifth sentence.
Subsec. (b). Pub. L. 105–277, §101(g) [title III, §316(2)], inserted "in Canada" after "undertaken".
1983—Subsec. (a). Pub. L. 97–424 inserted provision that notwithstanding any other provision of law, upon agreement with the State of Alaska, the Secretary is authorized to expend on the highway any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum, and that any obligation limitation enacted for fiscal year 1983 or for any other fiscal year thereafter shall not apply to such projects.
1975—Subsec. (a)(1). Pub. L. 94–147 struck out provision requiring that the right-of-way granted by the Canadian Government shall forever be held inviolate as part of such highways in public use.
Pub. L. 114–94, div. A, title I, §1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 94–280, title I, §151, May 5, 1976, 90 Stat. 448, provided that:
"(a) The Secretary of Transportation is authorized to undertake an investigation and study to determine the cost of, and the responsibility for, repairing the damage to Alaska highways that has been or will be caused by heavy truck traffic during construction of the trans-Alaska pipeline and to restore them to proper standards when construction is complete. The Secretary of Transportation shall report his initial findings to the Congress on or before September 30, 1976, and his final conclusions on rebuilding costs no later than three months after completion of pipeline construction.
"(b) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of $200,000 for the purpose of making the study authorized by subsection (a) of this section."
Pub. L. 93–87, title I, §127(b), Aug. 13, 1973, 87 Stat. 264, provided that: "For the purpose of completing necessary reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the provisions of section 218 of title 23 of the United States Code."
Section, added Pub. L. 93–643, §122(a), Jan. 4, 1975, 88 Stat. 2289; amended Pub. L. 94–280, title I, §135(a), May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §168(d), Nov. 6, 1978, 92 Stat. 2723; Pub. L. 96–106, §10(a), Nov. 9, 1979, 93 Stat. 798, related to projects for safer off-system roads.