23 U.S.C. § 125

Editorial Notes

References in Text

Pub. L. 93–288May 22, 197488 Stat. 143section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1)(A), (4)(A), (B), is , , , which is classified principally to chapter 68 (§ 5121 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 and Tables.

Amendments

Pub. L. 117–58, § 11106(1)2021—Subsec. (a)(1). , inserted “wildfire,” after “severe storm,”.

Pub. L. 117–58, § 11106(2)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which restricted eligibility of funds for bridge repair or reconstruction in certain cases.

Pub. L. 117–58, § 11106(3)(A)Subsec. (d)(2)(A). , inserted dash after “a facility that” and cl. (i) designation before “meets the current” and added cl. (ii).

Pub. L. 117–58, § 11106(3)(B)Subsec. (d)(3), (4). , (C), added par. (3) and redesignated former par. (3) as (4).

Pub. L. 116–942019—Subsec. (d)(4). struck out par. (4). Text read as follows: “The total obligations for projects under this section for any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000.”

Pub. L. 114–94, § 1107(a)2015—Subsec. (d)(3)(C). , added subpar. (C).

Pub. L. 114–94, § 1107(b)Subsec. (e)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “In this subsection, the term ‘open to public travel’ means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is open to the general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.”

Pub. L. 112–1412012— amended section generally. Prior to amendment, section related to emergency relief and consisted of subsecs. (a) to (f).

Pub. L. 105–178, § 1113(b)(2)1998—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which authorized expenditures by Secretary from emergency fund for repair or reconstruction of highways, roads, or trails which have suffered serious damage from natural disasters or catastrophic failures from external sources, including provisions relating to restrictions on eligibility and funding.

Pub. L. 105–178, § 1113(b)(1)Subsecs. (b), (c). , (2), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively.

Pub. L. 105–178, § 1212(a)(2)(A)(i)Subsec. (d). , substituted “State transportation department” for “State highway department”.

Pub. L. 105–178, § 1113(b)(3)42 U.S.C. 5121Public Law 93–288, substituted “reconstruction of highways on Federal-aid highways in accordance” for “reconstruction of highways on the Federal-aid highway systems, including the Interstate System, in accordance” in first sentence, “subsection (e) of this section” for “subsection (c) of this section” in two places, “authorized on Federal-aid highways” for “authorized on the Federal-aid highway systems, including the Interstate System” before period at end of second sentence, and “Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.)” for “Disaster Relief and Emergency Assistance Act ()” in third sentence.

Pub. L. 105–178, § 1113(b)(1), redesignated subsec. (b) as (d). Former subsec. (d) redesignated (f).

Pub. L. 105–178, § 1113(b)(4)Subsec. (e). , substituted “Federal-aid highways” for “on any of the Federal-aid highway systems” before period at end.

Pub. L. 105–178, § 1113(b)(1), redesignated subsec. (c) as (e).

Pub. L. 105–178, § 1113(b)(1)Subsec. (f). , redesignated subsec. (d) as (f).

Pub. L. 102–3021992—Subsec. (b). , which directed the substitution of “on Federal-aid highways” for “on the Federal-aid highway systems including the Interstate System” in two places, could not be executed because phrase “on the Federal-aid highway systems including the Interstate System” did not appear in text.

Pub. L. 102–2401991—Subsec. (b)(2). substituted “$20,000,000” for “$5,000,000”.

Pub. L. 100–7071988—Subsec. (b). substituted “and Emergency Assistance Act” for “Act of 1974”.

Pub. L. 100–17, § 133(b)(9)(A)1987—Subsec. (b). , substituted “the Federal-aid highway systems, including the Interstate System” for “the Interstate System, the Primary System, and on any routes functionally classified as arterials or major collectors” in two places.

Pub. L. 100–17, § 118(a)(1), substituted “in a State shall not exceed $100,000,000.” for “shall not exceed $30,000,000 ($55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985) in any State.”

Pub. L. 100–17, § 118(b)(2), designated existing provisions related to limitations placed upon obligations for projects under this section as cl. (1) and added cl. (2).

Pub. L. 100–17, § 133(b)(9)(B)Subsec. (c). , substituted “on any of the Federal-aid highway systems” for “routes functionally classified as arterials or major collectors”.

Pub. L. 100–17, § 118(b)(1)Subsec. (d). , added subsec. (d).

Pub. L. 99–2721986—Subsec. (b). inserted parenthetical provision allowing obligations not exceeding $55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985.

Pub. L. 99–190Pub. L. 99–2721985— amended section in manner substantially identical to amendment by .

Pub. L. 97–424, § 153(a)(1)December 31, 1967December 31, 19701983—Subsec. (a). , inserted “(1)” before “the repair or reconstruction of highways”, and substituted “Secretary” for “he” before “shall find have suffered”; (A) and (B) for (1) and (2), respectively; “In no event shall funds be used pursuant to this section for the” for “and (2)”; and “or responsible local official” for “after , and prior to ,”.

Pub. L. 97–424, § 153(a)(2), inserted “from the Highway Trust Fund” after “appropriated”.

Pub. L. 97–424, § 153(c)September 30, 1980September 30, 1976, inserted “and not more than $100,000,000 is authorized to be expended in any one fiscal year commencing after ,” after “after ,”.

Pub. L. 97–424, § 153(d)Subsec. (b). , inserted proviso establishing a $30,000,000 limit for obligations relating to a single natural disaster in any one State.

Pub. L. 97–424, § 153(h)(1), substituted “the Interstate System, the Primary System, and on any routes functionally classified as arterials or major collectors,” for “the Federal-aid highway systems, including the Interstate System”, wherever appearing.

Pub. L. 97–424, § 153(h)(2)Subsec. (c). , substituted “routes functionally classified as arterials or major collectors” for “on any of the Federal-aid highway systems”.

Pub. L. 96–1061979—Subsec. (b). inserted provision that notwithstanding any provision of this chapter actual and necessary costs of maintenance and operation of ferryboats providing temporary substitute highway traffic service, less the amount of fares charged, may be expended from the emergency fund herein authorized on the Federal-aid highway systems, including the Interstate System.

Pub. L. 95–599September 30, 19781978—Subsec. (a). inserted “prior to the fiscal year ending ” after “such years, and (2)”, and inserted provision authorizing appropriations of 100 percent of expenditures out of the Highway Trust Fund.

Pub. L. 94–280, § 119(a)(1)June 1, 1976June 30, 1972July 1, 1976September 30, 1976September 30, 1976July 1, 1976September 30, 1976September 30, 19771976—Subsec. (a). –(3), inserted “, and ending before ,” after “,”, authorized expenditure of not more than $25,000,000 for the three-month period beginning , and ending , and not more than $100,000,000 in any one fiscal year commencing after , and inserted provision that for the purposes of this section the period beginning , and ending , shall be deemed to be a part of the fiscal year ending .

Pub. L. 94–280, § 119(b)Subsec. (b). , excepted from the requirement of a concurrence by the Secretary an emergency declared by the President to be a major disaster for purposes of the Disaster Relief Act of 1974.

Pub. L. 92–361July 1, 1972June 30, 1972June 30, 19731972—Subsec. (a). substituted provisions setting forth maximum expendable amounts for fiscal years ending and for fiscal years commencing after and an additional amount for fiscal year ending for provisions setting forth maximum expendable amount for any fiscal year.

Pub. L. 91–605December 31, 1967December 31, 19701970—Subsec. (a). provided emergency relief for the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after , and prior to , because of imminent danger of collapse due to structural deficiencies or physical deterioration.

Pub. L. 90–4951968—Subsec. (a). permitted the use of the emergency fund for repair or construction caused by other than natural catastrophes.

Pub. L. 89–574, § 9(c)1966—Subsec. (a). , raised from $30,000,000 to $50,000,000 the upper limit on allowable annual appropriations to establish and replenish the fund, provided that, if, in any fiscal year the total of all expenditures under this section is less than $50,000,000, the unexpended balance of such amount shall remain available for expenditure during the next two succeeding fiscal years in addition to amount otherwise available, and provided that 60 per centum of the expenditures under this section are authorized to be appropriated from the Highway Trust Fund and the remaining 40 per centum of such expenditures are authorized to be appropriated only from any monies in the Treasury not otherwise appropriated.

Pub. L. 89–574, § 9(b)Subsec. (c). , added parkways, public lands highways, public lands development roads, and trails to the list of types of roads the repair or reconstruction of which may be paid for out of the emergency fund.

Pub. L. 86–342section 120 of this title1959—, among other changes, made expenditures from the emergency fund subject to the provisions of , and permitted the Secretary to expend funds from the emergency fund, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are on any of the Federal-aid highway systems.

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 2015 Amendment

Pub. L. 114–94Oct. 1, 2015section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 2012 Amendment

Pub. L. 112–141Oct. 1, 2012section 3(a) of Pub. L. 112–141section 101 of this titleAmendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under .

Effective Date of 1991 Amendment

Pub. L. 102–240Dec. 18, 1991section 1022(c) of Pub. L. 102–240section 120 of this titleAmendment by applicable only to natural disasters and catastrophic failures occurring after , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–17, title I, § 118(a)(2)Apr. 2, 1987101 Stat. 156

Pub. L. 100–17, title I, § 118(b)(3)Apr. 2, 1987101 Stat. 156

Effective Date of 1983 Amendment

Pub. L. 97–424, title I, § 153(e)Jan. 6, 198396 Stat. 2133

Effective Date of 1968 Amendment

Pub. L. 90–495, § 27(c)Aug. 23, 196882 Stat. 829

Effective Date of 1966 Amendment

Pub. L. 89–574, § 9(d)Sept. 13, 196680 Stat. 769

Emergency Relief Projects

Pub. L. 117–58, div. A, title I, § 11519Nov. 15, 2021135 Stat. 602

September 30, 1978Expenditures Made Prior to Fiscal Year Ending ; Appropriation From Highway Trust Fund

Pub. L. 97–424, title I, § 153(b)Jan. 6, 198396 Stat. 2133Sept. 30, 1978, , , provided that all expenditures made under this section prior to the fiscal year ending , were authorized to have been appropriated from the Highway Trust Fund.