23 U.S.C. § 142

Editorial Notes

Amendments

Pub. L. 117–58, § 11130(a)2021—Subsec. (a)(3). , added par. (3).

Pub. L. 117–58, § 11130(b)section 5323(a)(1)(D) of title 49Subsec. (i). , struck out subsec. (i) which read as follows: “The provisions of shall apply in carrying out subsection (a)(2) of this section.”

Pub. L. 114–94, § 1446(d)(5)(B)Pub. L. 112–141, § 1519(c)2015—, (D), amended . See 2012 Amendment notes below.

Pub. L. 114–94, § 1109(c)(5)Subsec. (e)(2). , substituted “surface transportation block grant program” for “surface transportation program”.

Pub. L. 112–141Pub. L. 114–94, § 1446(d)(5)(B)2012—Subsec. (a)(1). , §§ 1513(b), 1519(c)(8)(A)(i), formerly § 1519(c)(9)(A)(i), as renumbered and amended by , (D), substituted “buses” for “motor vehicles (other than on rail)”, struck out “(hereafter in this section referred to as ‘buses’)” after “transportation of passengers”, substituted “of the Federal-aid highways” for “of the Federal-aid systems” and “Federal-aid highway” for “Federal-aid system”, and inserted “, which may include electric vehicle charging stations or natural gas vehicle refueling stations,” after “parking facilities”..

Pub. L. 112–141, § 1519(c)(8)(A)(ii)Pub. L. 114–94, § 1446(d)(5)(B)Subsec. (a)(2). , formerly 1519(c)(9)(A)(ii), as renumbered by , struck out “as a project on the the surface transportation program for” after “Secretary may approve” and substituted “section 104(b)(2)” for “section 104(b)(3)”.

Pub. L. 112–141, § 1519(c)(8)(B)Pub. L. 114–94, § 1446(d)(5)(B)Subsec. (b). , formerly 1519(c)(9)(B), as renumbered by , substituted “104(b)(1)” for “104(b)(4)”.

Pub. L. 112–141, § 1519(c)(8)(C)Pub. L. 114–94, § 1446(d)(5)(B)Subsec. (c). , formerly 1519(c)(9)(C), as renumbered by , substituted “highway” for “system” in two places and substituted “highways eligible under the program that is the source of the funds” for “highway facilities”.

Pub. L. 112–141, § 1519(c)(8)(D)Pub. L. 114–94, § 1446(d)(5)(B)Subsec. (e)(2). , formerly 1519(c)(9)(D), as renumbered by , substituted “Projects authorized by subsection (a)(2)” for “Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects”.

Pub. L. 112–141, § 1519(c)(8)(E)Pub. L. 114–94, § 1446(d)(5)(B)Subsec. (f). , formerly 1519(c)(9)(E), as renumbered by , substituted “exists” for “exits”.

Pub. L. 105–178, § 1103lsection 104 of this title1998—Subsec. (b). ()(4), substituted “section 104(b)(4)” for “paragraph (5) of subsection (b) of ”.

Pub. L. 105–178, § 1103lSubsec. (c). ()(3)(D), struck out “(other than section 104(b)(5)(A))” after “section 104(b)”.

Pub. L. 103–272, § 5(f)(2)(A)1994—Subsec. (a)(2). , substituted “chapter 53 of title 49” for “the Federal Transit Act”.

Pub. L. 103–272, § 5(f)(2)(B)Pub. L. 103–429, § 7(a)(4)(C)Subsec. (h). , as amended by , substituted “chapter 53 of title 49” for “the Federal Transit Act, as amended”.

Pub. L. 103–272, § 5(f)(2)(C)Pub. L. 103–429, § 7(a)(4)(C)section 5323(a)(1)(D) of title 49Subsec. (i). , as amended by , substituted “” for “section 3(e)(4) of the Federal Transit Act, as amended,”.

Pub. L. 102–240, § 1027(a)June 30, 1975June 30, 1976section 104(b)(6) of this titleJune 30, 19751991—Subsec. (a)(2). , struck out “, beginning with the fiscal year ending ,” after “the Secretary may”, substituted “the surface transportation program” for “Federal-aid urban system,” and substituted “104(b)(3) for carrying out any capital transit project eligible for assistance under the Federal Transit Act, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.” for “104(b)(6) of this title, the purchase of buses, and, beginning with the fiscal year ending , approve as a project on the Federal-aid urban system, for payment from sums apportioned under , the construction, reconstruction, and improvement of fixed rail facilities, including the purchase of rolling stock for fixed rail, except that not more than $200,000,000 of all sums apportioned for the fiscal year ending , under section 104(b)(6) shall be available for the payment of the Federal share of projects for the purchase of buses.”

Pub. L. 102–240, § 1027(b)section 104(b)(6) of this titleJune 30, 1974June 30, 1975section 134 of this titlesection 120(a) of this titlesection 104(b)(6) of this titleSubsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Whenever responsible local officials of an urbanized area notify the State highway department that, in lieu of a highway project the Federal share of which is to be paid from funds apportioned under for the fiscal years ending , and , their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State highway department determines that such public mass transit project is in accordance with the planning process under and is entitled to priority under such planning process, such public mass transit project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds of its proportional share of the cost of such project in an amount equal to the Federal share which would have been paid if such project were a highway project under . Funds previously apportioned to such State under shall be reduced by an amount equal to such Federal share.”

Pub. L. 102–240, § 1027(c)section 134 of this titleSubsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The establishment of routes and schedules of such public mass transportation systems in urbanized areas shall be based upon a continuing comprehensive transportation planning process carried on in accordance with .”

Pub. L. 102–240, § 1027(e)(1)Subsec. (e)(2). , substituted “surface transportation program” for “Federal-aid urban system”.

Pub. L. 102–240, § 1027(e)(2)Subsec. (f). , (3), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that high occupancy vehicles will fully utilize the proposed project.”

Pub. L. 102–240, § 1027(e)(3)Subsec. (g). , (4), redesignated subsec. (h) as (g) and struck out “or subsection (c) of this section” after “(a)(2)”. Former subsec. (g) redesignated (f).

Pub. L. 102–240, § 1027(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “In any case where sufficient land exists within the publicly acquired rights-of-way of any Federal-aid highway to accommodate needed rail or non-highway public mass transit facilities and where this can be accomplished without impairing automotive safety or future highway improvements, the Administrator may authorize a State to make such lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever he may deem that the public interest will be served thereby.”

Pub. L. 102–240, § 3003(b)Subsec. (h). , substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.

Pub. L. 102–240, § 1027(e)(3), (5), redesignated subsec. (i) as (h) and struck out “and subsection (c)” after “(a)(2)”. Former subsec. (h) redesignated (g).

Pub. L. 102–240, § 3003(b)Subsec. (i). , substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.

Pub. L. 102–240, § 1027(e)(3), (5), redesignated subsec. (j) as (i) and struck out “and subsection (c)” after “(a)(2)”. Former subsec. (i) redesignated (h).

Pub. L. 102–240, § 1027(e)(3)Subsec. (j). , redesignated subsec. (j) as (i).

Pub. L. 102–240, § 1027(e)(2)Subsec. (k). , struck out subsec. (k) which read as follows: “The Secretary shall not approve any project under subsection (a)(2) of this section in any fiscal year when there has been enacted an Urban Transportation Trust Fund or similar assured funding for both highway and public transportation.”

Pub. L. 97–424, § 120(a)1983—Subsec. (a)(1). , inserted “and the cost of providing shuttle service to and from the facility” after “of the facility”, and “and for providing such shuttle service” after “operating the facility”.

Pub. L. 97–424, § 120(b)(1), substituted “high occupancy vehicle lanes” for “bus lanes” after “preferential”, and “high occupancy vehicle and” for “bus and other” after “facilities to serve”.

Pub. L. 97–424, § 120(b)(2)Subsec. (b). , substituted “high occupancy vehicle” for “bus” after “preferential”.

Pub. L. 97–424, § 120(b)(3)Subsec. (f). , substituted “high occupancy vehicles” for “public mass transportation systems”.

Pub. L. 94–280, § 127(a)1976—Subsec. (a)(1). , inserted provision that if fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility (including compensation to any person for operating the facility).

Pub. L. 94–280, § 127(b)section 120 of this titleSubsec. (e)(3). , substituted “” for “section 120 of this section”.

Pub. L. 93–87section 104(b) of this titlesection 104(b) of this title1973—Subsec. (a). designated existing provisions as par. (1), substituted “operating motor vehicles (other than on rail) on Federal-aid highways” for “operating motor vehicles on highways, other than on rails”, struck out “within urbanized areas” after “ ‘buses’)”, inserted “for the movement of persons” after “Federal-aid systems”, and substituted provisions respecting availability of sums apportioned under for prior provisions for such sums apportioned in accordance with pars. (3), (5), and (6) of , and added par. (2).

Pub. L. 93–87Subsec. (b). added subsec. (b). Former subsec. (b) redesignated (d).

Pub. L. 93–87Subsec. (c). added subsec. (c). Former subsec. (c) incorporated in subsec. (e)(1), (3) of this section.

Pub. L. 93–87Subsec. (d). redesignated former subsec. (b) as (d), inserted “in urbanized areas” after “transportation systems”, and struck out former subsec. (d) provisions which prohibited any project authorized by this section, other than a project for fringe or transportation parking facilities, from being approved unless the project would avoid the construction of a highway project which increases automobile traffic capacity, would provide a capacity for the movement of persons at least equal to that which would be provided by the avoided highway project, and would not exceed in the amount of the Federal share, the Federal share of the cost of the avoided highway project; or no other feasible or prudent highway project could provide the additional capacity for the movement of persons by motor vehicles on highways (other than on rails) provided by this project.

Pub. L. 93–87Subsec. (e). incorporated provisions of former subsec. (c) in pars. (1) and (3) and added par. (2). Former subsec. (e) redesignated (f).

Pub. L. 93–87Subsec. (f). redesignated former subsec. (e) as (f) and substituted “will fully utilize” for “will have adequate capability to fully utilize”.

Pub. L. 93–87Subsecs. (g) to (k). added subsecs. (g) to (k).

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 5Except as otherwise provided, amendment by effective , see , set out as a note under , Government Organization and Employees.

Pub. L. 114–94, div. A, title I, § 1446(d)Dec. 4, 2015129 Stat. 1438July 6, 2012Pub. L. 112–141, , , provided that the amendment made by section 1446(d)(5)(B), (D) is effective as of , and as if included in as enacted.

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 1994 Amendment

Pub. L. 103–429, § 7(a)Oct. 31, 1994108 Stat. 4388July 5, 1994, , , provided in part that the amendment made by section 7(a)(4)(C) is effective .

Effective Date of 1991 Amendment

section 1027 of Pub. L. 102–240Dec. 18, 1991Sept. 30, 1991Sept. 30, 1991section 1100 of Pub. L. 102–240section 104 of this titleAmendment by effective , and applicable to funds authorized to be appropriated or made available after , and, with certain exceptions, not applicable to funds appropriated or made available on or before , see , set out as a note under .

Rural Highway Transportation Demonstration Program; Appropriations Authorization; Public Notice and Hearing

Pub. L. 93–87, title I, § 147Aug. 13, 197387 Stat. 274Pub. L. 93–643, § 103Jan. 4, 197588 Stat. 2282Pub. L. 94–280, title I, § 129May 5, 197690 Stat. 440Pub. L. 95–599, title I, § 132Nov. 6, 197892 Stat. 2708June 30, 1975June 30, 1976, , , as amended by , , ; , , ; , , , provided for authorization of appropriations of $15,000,000 for the fiscal year ending , and $60,000,000 for the fiscal year ending , to carry out demonstration projects for public mass transportation projects in rural and small urban areas, authorized availability of such sums for a period of two years after the close of the fiscal year for which authorized, and required public notice and hearing for such projects.

Transportation for Elderly and Handicapped Persons

Pub. L. 93–643, § 105(a)Jan. 4, 197588 Stat. 2282

Bus and Other Project Standards

Pub. L. 93–87, title I, § 165Aug. 13, 197387 Stat. 282Pub. L. 93–643, § 105(b)Jan. 4, 197588 Stat. 2283