23 U.S.C. § 115

Editorial Notes

Amendments

Pub. L. 117–582021—Subsec. (c). substituted “section 135(g)” for “section 135(f)”.

Pub. L. 110–2442008—Subsecs. (c), (d). redesignated subsec. (d) as (c).

Pub. L. 109–59, § 1501(a)(2)2005—Subsecs. (a), (b). , added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to payment of the Federal share of the cost of congestion mitigation and air quality improvement, surface transportation, bridge, planning, and research projects and Interstate and National Highway System projects which have been subject to advance construction by a State.

Pub. L. 109–59, § 1501(a)(1)Subsecs. (c), (d). , redesignated subsec. (c) as (d).

Pub. L. 105–178, § 1106(c)(1)(A)(i)1998—Subsec. (a). , struck out “Substitute,” before “Congestion” in heading.

Pub. L. 105–178Subsec. (a)(1)(A)(i). , §§ 1106(c)(1)(A)(ii), 5119(d), struck out “103(e)(4)(H),” after “under section” and substituted “or 505” for “or 307”.

Pub. L. 105–178, § 1226(a)(1)Pub. L. 105–206, § 9003(a)Jan. 1, 1983Subsec. (b). , as added by , struck out designation and heading of par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and struck out former pars. (2) and (3), which related to bond interest for projects under construction on , and directed that Federal share of cost of construction would include amount of bond interest but not in excess of estimated costs over actual costs.

Pub. L. 105–178, § 1103lSubsec. (b)(1). ()(3)(A), substituted “104(b)(4)” for “104(b)(5)”.

Pub. L. 105–178, § 1226(a)(2)Pub. L. 105–206, § 9003(a)Subsecs. (c), (d). , (3), as added by , redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “In determining the apportionment for any fiscal year under the provisions of section 103(e)(4), 104, 134, 144,, or 307 of this title, any such project constructed by a State without the aid of Federal funds shall not be considered completed until an application under the provisions of this section with respect to such project has been approved by the Secretary.”

Pub. L. 104–591995—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

Limitation on Advanced Funding“(d) .—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, 144, or 307 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for each State. No applications may be approved which will exceed the State’s expected apportionment of such authorizations.”

Pub. L. 102–302, § 103(1)Substitute, Congestion Mitigation and Air Quality Improvement, Surface Transportation, Bridge, Planning, and Research ProjectsSubstitute, Urban, Secondary, Bridge, Planning, Research, and Safety Construction Projects”.1992—Subsec. (a). , in heading substituted “” for “

Pub. L. 102–302, § 103(2)(A)section 307 of this titleSubsec. (a)(1)(A)(i). , added cl. (i) and struck out former cl. (i) which read as follows: “has obligated all funds apportioned or allocated to it under section 103(e)(4)(H), section 104(b)(2), section 104(b)(6), section 104(f), section 130, section 144, section 152, or , or”.

Pub. L. 102–302, § 103(2)(B)Subsec. (a)(2)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “prior to commencement of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and”.

Pub. L. 102–302, § 103(2)(C)Limitation with respect to currently authorized fundsJanuary 1, 1987September 30, 1990Subsec. (a)(3). , struck out par. (3) which read as follows: “.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, 130, 144, 152, or 307 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State’s expected apportionment of such authorizations. This paragraph shall have no effect during the period beginning , and ending .”

Pub. L. 102–302, § 103(3)National Highway SystemPrimarySubsec. (b). , (4), in heading substituted “” for “” and in par. (1) substituted “National Highway System” for “Federal-aid primary system”.

Pub. L. 102–302, § 103(5)Subsec. (c). , struck out “152” after “144,”.

Pub. L. 102–302, § 103(6)Limitation on Advanced Funding for Fiscal YearsJanuary 1, 1987September 30, 1990Subsec. (d). , added subsec. (d) and struck out former subsec. (d) which read as follows: “ 1987–1990.—The Secretary may not approve an application of a State under this section with respect to a project with funds apportioned, or currently authorized to be apportioned, under section 103(e)(4)(H), 104, 130, 144, 152, or 307 if the amount of approved applications with respect to such projects exceeds the total of unobligated funds apportioned or allocated to the State under such section, plus such State’s expected apportionment under such section from existing authorizations plus an amount equal to such State’s expected apportionment under such section (other than section 104(b)(5)(A)) for one additional fiscal year. This subsection shall only be effective during the period beginning , and ending .”

Pub. L. 100–17, § 113(d)(1)(A)1987—, substituted “Advance construction” for “Construction by States in advance of apportionment” in section catchline.

Pub. L. 100–17, § 113(a)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

section 104(b)(5) of this title“(1) When a State has obligated all funds apportioned or allocated to it under section 103(e)(4), 104, or 144 of this title, other than Interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under , without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144, respectively, of this title if—

“(A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and

section 109 of this title“(B) the project conforms to the applicable standards adopted under .

“(2) The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, or 144 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State’s expected apportionment of such authorizations.”

Pub. L. 100–17, § 113(b)Subsec. (b). , inserted heading.

Pub. L. 100–17, § 113(b)section 104 of this titleSubsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “When a State proceeds to construct any project on the Interstate System without the aid of Federal funds, as that System may be designated at that time, in accordance with all procedures and all requirements applicable to projects on such System, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the cost of construction of such project when additional funds are apportioned to such State under if—

“(A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects on the Interstate System, and

section 109 of this title“(B) the project conforms to the applicable standards under .”

Pub. L. 100–17, § 113(d)(1)(B)Subsec. (b)(2), (3). –(D), inserted headings and aligned pars. (2) and (3) with par. (1), as amended.

Pub. L. 100–17, § 113(d)(1)(E)Subsec. (c). , (F), inserted heading and substituted “134, 144, 152, or 307” for “or 144”.

Pub. L. 100–17, § 113(c)Subsec. (d). , added subsec. (d).

Pub. L. 97–424, § 113(c)section 104(b)(5) of this titlesection 104 of this titlesection 104 of this title1983—Subsec. (a). , designated existing provisions as pars. (1) and (2) and designated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1); in par. (1) as so redesignated, substituted “When a State has obligated all funds appropriated or allocated to it under section 103(e)(4), 104, or 144 of this title, other than “interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under , without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144, respectively, of this title if—”, for “When a State has obligated all funds for any of the Federal-aid systems, other than the Interstate System, apportioned to it under , and proceeds to construct any project without the aid of Federal funds, including one or more parts of any project, on any of the Federal-aid systems in such State, other than the Interstate System, as any of those systems may be designated at that time, in accordance with all procedures and all requirements applicable to projects on any such system, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under if—”; in subpar. (A) thereof struck out “on the Federal-aid system involved” after “other projects”; and in par. (2) as so designated inserted “for section 103(e)(4), 104, or 144 of this title, as the case may be,” after “unless authorization”, and made a new sentence of existing provisions, beginning with “No application”.

Pub. L. 97–424, § 113(a)Subsec. (b)(2). , substituted “1983” for “1978” wherever appearing.

Pub. L. 97–424, § 113(b)Subsec. (b)(3). , added par. (3).

Pub. L. 97–424, § 113(d)Subsec. (c). , substituted “section 103(e)(4), 104, or 144” for “section 104” after “provisions of”.

Pub. L. 96–1061979—Subsec. (b). designated existing provisions as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B) and added par. (2).

Pub. L. 93–643, § 111(a)1975—Subsec. (a). , substituted “other than the Interstate System” for “including the Interstate System” in two places.

Pub. L. 93–643, § 111(b)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 90–495, § 25(a)1968—Subsec. (a). , extended advance construction authority to all the Federal-aid highway systems rather than just the Interstate System but provided that anticipation of future apportionments by States should only be permitted for those years for which authorizations have been established by law.

Pub. L. 90–495, § 25(b)section 104 of this titleSubsec. (b). , struck out reference to subsec. (b)(5) of .

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58Oct. 1, 2021section 10003 of Pub. L. 117–58section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–206Pub. L. 105–178Pub. L. 105–178Pub. L. 105–178July 22, 1998Pub. L. 105–206section 9016 of Pub. L. 105–206section 101 of this titleTitle IX of effective simultaneously with enactment of and to be treated as included in at time of enactment, and provisions of , as in effect on day before , that are amended by title IX of to be treated as not enacted, see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–495Aug. 23, 1968section 37 of Pub. L. 90–495section 101 of this titleAmendment by effective , see , set out as a note under .