US Code

Public Law 119-73 (01/23/2026)

23 U.S.C. § 126

Transferability of Federal-aid highway funds

(a)

In General .—

Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
(b)

Application to Certain Set-asides.—

(1)

In general .—

Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.
(2)

Funds transferred by states .—

Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year—
(A)
may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and
(B)
may only be transferred if the Secretary certifies that the State—
(i)
held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;
(ii)
offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and
(iii)
demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.

Pub. L. 105–178, title I, § 1310(a)112 Stat. 234Pub. L. 106–159, title I, § 102(a)(1)113 Stat. 1752Pub. L. 109–59, title I, § 1401(a)(3)(B)119 Stat. 1225Pub. L. 112–141, div. A, title I, § 1509(a)126 Stat. 567Pub. L. 114–94, div. A, title I129 Stat. 1343Pub. L. 117–58, div. A, title I, § 11109(b)(2)135 Stat. 468(Added , , , § 110; renumbered § 126, , , ; amended , , ; , , ; , §§ 1109(c)(1), 1446(a)(2), , , 1437; , , .)

Editorial Notes

Prior Provisions

Pub. L. 85–76772 Stat. 901Pub. L. 93–87, title I, § 152(3)87 Stat. 276Pub. L. 105–178, title I, § 1226(d)Pub. L. 105–206, title IX, § 9003(a)112 Stat. 837A prior section 126, , , ; , , , related to providing Federal aid for highway construction only to States that used at least amounts provided by law on , for such purposes, prior to repeal by , as added by , , .

Amendments

Pub. L. 117–58, § 11109(b)(2)(A)2021—Subsec. (b)(2). , (B), which directed substitution of “set aside for a State under section 133(h) for a fiscal year—

“(A) may”

for “reserved for a State under section 133(h) for a fiscal year may”, was executed by making the substitution for “reserved for the State under section 133(h) for a fiscal year may” to reflect the probable intent of Congress.

Pub. L. 117–58, § 11109(b)(2)(A)Subsec. (b)(2)(B). , (C), added subpar. (B).

Pub. L. 114–94, § 1446(a)(2)2015—Subsec. (b)(1). , substituted “133(d)(1)(A)” for “133(d)”.

Pub. L. 114–94, § 1109(c)(1)Subsec. (b)(2). , substituted “for the State under section 133(h)” for “for the State under section 213” and “of the State under section 133(h)” for “of the State under section 213(c)(1)(B)”.

Pub. L. 112–1412012— amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds.

Pub. L. 109–592005—Subsec. (a). , which directed insertion of “under” after “State’s apportionment”, was executed by making the insertion after “State’s apportionment” the second place it appeared, to reflect the probable intent of Congress.

Pub. L. 106–159section 110 of this title1999— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58section 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. 114–94section 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. 112–141section 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 .