Editorial Notes

References in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (b)(6), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 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 12101 of Title 42 and Tables.

The date of enactment of the FAST Act, referred to in subsecs. (b)(15), (c)(3), and (h)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

The date of enactment of MAP–21, referred to in subsec. (h)(1)(B)(i), (5)(A), 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.

Prior Provisions

A prior section 133, Pub. L. 87–866, §5(a), Oct. 23, 1962, 76 Stat. 1146, provided for relocation assistance for persons displaced by Federal-aid highway construction, prior to repeal by Pub. L. 90–495, §37, Aug. 23, 1968, 82 Stat. 836, effective July 1, 1970. See section 501 et seq. of this title.

Amendments

2015—Pub. L. 114–94, §1109(b)(2), substituted "Surface transportation block grant program" for "Surface transportation program" in section catchline.

Subsecs. (a), (b). Pub. L. 114–94, §1109(b)(1), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to establishment of surface transportation program and eligible projects, respectively.

Subsec. (b)(1)(D). Pub. L. 114–94, §1407(b), inserted ", including the installation of vehicle-to-infrastructure communication equipment" after "capital improvements".

Subsec. (b)(13). Pub. L. 114–94, §1446(d)(5)(B), (C), amended Pub. L. 112–141, §1519(c). See 2012 Amendment note below.

Subsecs. (c), (d). Pub. L. 114–94, §1109(b)(1), amended subsecs. (c) and (d) generally. Prior to amendment, subsecs. (c) and (d) related to location of projects and allocations of apportioned funds to areas based on population, respectively.

Subsec. (e). Pub. L. 114–94, §1109(b)(3)–(5), redesignated subsec. (f) as (e), substituted "104(b)(2)" for "104(b)(3)" and "fiscal years 2016 through 2020" for fiscal years 2011 through 2014" in (e)(1), and struck out former subsec. (e). Text of former subsec. (e) read as follows:

"(1) Submission of project agreement.—For each fiscal year, each State shall submit a project agreement that—

"(A) certifies that the State will meet all the requirements of this section; and

"(B) notifies the Secretary of the amount of obligations needed to carry out the program under this section.

"(2) Request for adjustments of amounts.—Each State shall request from the Secretary such adjustments to the amount of obligations referred to in paragraph (1)(B) as the State determines to be necessary.

"(3) Effect of approval by the secretary.—Approval by the Secretary of a project agreement under paragraph (1) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title."

Subsec. (f). Pub. L. 114–94, §1109(b)(4), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 114–94, §1109(b)(4), (6), redesignated subsec. (h) as (g) and substituted "under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020" for "under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014". Former subsec. (g) redesignated (f).

Subsecs. (h), (i). Pub. L. 114–94, §1109(b)(7), added subsecs. (h) and (i).

2012—Subsec. (b). Pub. L. 112–141, §1108(a)(1), substituted "section 104(b)(2)" for "section 104(b)(3)" in introductory provisions.

Subsec. (b)(1). Pub. L. 112–141, §1108(a)(2), (4), added par. (1) and struck out former par. (1) which read as follows: "Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title."

Subsec. (b)(2) to (4). Pub. L. 112–141, §1108(a)(4), added pars. (2) to (4). Former pars. (2) to (4) redesignated (5) to (7), respectively.

Subsec. (b)(5). Pub. L. 112–141, §1108(a)(3), redesignated par. (2) as (5). Former par. (5) redesignated (8).

Subsec. (b)(6). Pub. L. 112–141, §1108(a)(5), added par. (6) and struck out former par. (6) which read as follows: "Carpool projects, fringe and corridor parking facilities and programs, bicycle transportation and pedestrian walkways in accordance with section 217, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)."

Pub. L. 112–141, §1108(a)(3), redesignated par. (3) as (6). Former par. (6) redesignated (9).

Subsec. (b)(7). Pub. L. 112–141, §1108(a)(6), added par. (7) and struck out former par. (7) which read as follows: "Highway and transit safety infrastructure improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings."

Pub. L. 112–141, §1108(a)(3), redesignated par. (4) as (7). Former par. (7) redesignated (10).

Subsec. (b)(8) to (10). Pub. L. 112–141, §1108(a)(3), redesignated pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (11) to (13), respectively.

Subsec. (b)(11). Pub. L. 112–141, §1108(a)(3), (7), redesignated par. (8) as (11) and substituted "alternatives" for "enhancement activities". Former par. (11) redesignated (14).

Subsec. (b)(12). Pub. L. 112–141, §1108(a)(3), redesignated par. (9) as (12). Former par. (12) redesignated (15).

Subsec. (b)(13). Pub. L. 112–141, §§1108(a)(3), 1519(c)(7), formerly §1519(c)(8), as renumbered and amended by Pub. L. 114–94, §1446(d)(5)(B), (C), redesignated par. (10) as (13) and struck out "under section 303" before period at end. Former par. (13) redesignated (16).

Subsec. (b)(14). Pub. L. 112–141, §1108(a)(8), added par. (14) and struck out former par. (14) which related to obligating funds for the surface transportation program for projects related to participation in natural habitat and wetlands mitigation efforts.

Pub. L. 112–141, §1108(a)(3), redesignated par. (11) as (14). Former par. (14) redesignated (17).

Subsec. (b)(15) to (18). Pub. L. 112–141, §1108(a)(3), redesignated pars. (12) to (15) as (15) to (18), respectively.

Subsec. (b)(19) to (26). Pub. L. 112–141, §1108(a)(9), added pars. (19) to (26).

Subsec. (c). Pub. L. 112–141, §1108(b), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b)(3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on January 1, 1991, and except as approved by the Secretary."

Subsec. (d). Pub. L. 112–141, §1108(c), added subsec. (d) and struck out former subsec. (d) which related to allocations of apportioned funds.

Subsec. (e). Pub. L. 112–141, §1108(d), added subsec. (e) and struck out former subsec. (e) which related to administration and consisted of pars. (1) to (5).

Subsec. (f)(1). Pub. L. 112–141, §1108(e), substituted "2011 through 2014" for "2004 through 2006 and the period of fiscal years 2007 through 2009" in introductory provisions.

Subsecs. (g), (h). Pub. L. 112–141, §1108(f), added subsecs. (g) and (h).

2005—Subsec. (b)(6). Pub. L. 109–59, §1113(a)(1), inserted ", including advanced truck stop electrification systems" before period at end.

Subsec. (b)(12). Pub. L. 109–59, §1113(a)(2), added par. (12).

Subsec. (b)(14), (15). Pub. L. 109–59, §6006(a)(2), added pars. (14) and (15) and struck out former par. (14) which read as follows: "Environmental restoration and pollution abatement projects (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degradation caused or contributed to by transportation facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of funds under this section for any such environmental restoration or pollution abatement project shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration project."

Subsec. (d)(1). Pub. L. 109–59, §1113(b)(1), struck out heading and text of par. (1). Text read as follows: "10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section."

Subsec. (d)(2). Pub. L. 109–59, §1113(c), substituted "In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005," for "10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year".

Subsec. (d)(3)(A). Pub. L. 109–59, §1113(b)(2)(A)(ii), substituted "90 percent" for "80 percent" in introductory provisions.

Pub. L. 109–59, §1113(b)(2)(A)(i), substituted "subparagraph (C)" for "subparagraphs (C) and (D)" in introductory provisions.

Subsec. (d)(3)(B). Pub. L. 109–59, §1113(b)(2)(B), substituted "to be" for "tobe".

Subsec. (d)(3)(C) to (E). Pub. L. 109–59, §1113(b)(2)(C), redesignated subpar. (D) as (C), inserted period at end, redesignated par. (E) as (D), and struck out former subpar. (C) which related to special rule in the case of a State in which greater than 80 percent of the population of the State was located in 1 or more metropolitan statistical areas, and greater than 80 percent of the land area of such State was owned by the United States.

Subsec. (f). Pub. L. 109–59, §1113(e), amended directory language of Pub. L. 105–178, §1108(e). See 1998 Amendment note below.

Subsec. (f)(1). Pub. L. 109–59, §1113(d), substituted "2004 through 2006" for "1998 through 2000" and "2007 through 2009" for "2001 through 2003" in introductory provisions.

1998—Subsec. (b)(1). Pub. L. 105–178, §1108(a)(1), inserted ", sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions" after "calcium magnesium acetate".

Subsec. (b)(2). Pub. L. 105–178, §1108(a)(2), substituted ", including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus" for "and publicly owned intracity or intercity bus terminals and facilities".

Subsec. (b)(3). Pub. L. 105–178, §1108(a)(3), substituted "bicycle" for "and bicycle" and inserted before period at end ", and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)".

Subsec. (b)(4). Pub. L. 105–178, §1108(a)(4), substituted "Highway and transit safety infrastructure" for "Highway and transit safety".

Subsec. (b)(9). Pub. L. 105–178, §1108(a)(5), substituted "section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))" for "section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act".

Subsec. (b)(11). Pub. L. 105–178, §1108(a)(6), in first sentence, inserted "natural habitat and" after "participation in" in two places and also before "wetlands conservation and mitigation plans" and substituted "enhance, and create natural habitats and wetlands" for "enhance and create wetlands" and inserted at end "With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations)."

Subsec. (b)(13), (14). Pub. L. 105–178, §1108(a)(7), added pars. (13) and (14).

Subsec. (d)(3)(D). Pub. L. 105–178, §1108(b)(1), substituted "Hawaii and Alaska" for "any State which is noncontiguous with the continental United States."

Subsec. (d)(5)(C). Pub. L. 105–178, §1212(a)(2)(A)(i), substituted "State transportation department" for "State highway department".

Subsec. (e)(2). Pub. L. 105–178, §1108(c), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during such quarter. A State may request adjustment to the obligation amounts later in each of such quarters. Acceptance of the notification and certification shall be deemed a contractual obligation of the United States for the payment of the surface transportation program funds expected to be obligated by the State in such quarter for projects not subject to review by the Secretary under this chapter."

Subsec. (e)(3)(A). Pub. L. 105–178, §1108(d), struck out at end "Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments."

Subsec. (e)(3)(B)(i). Pub. L. 105–178, §1108(b)(2)(A), struck out before period at end "if the Secretary certifies for the fiscal year that the State has authorized and uses a process for the selection of transportation enhancement projects that involves representatives of affected public entities, and private citizens, with expertise related to transportation enhancement activities".

Subsec. (e)(5)(C). Pub. L. 105–178, §1108(b)(2)(B), added subpar. (C).

Subsec. (f). Pub. L. 105–178, §1108(e), as amended by Pub. L. 109–59, §1113(e), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate during the 6-fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying—

"(1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by

"(2) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period."

1995—Subsec. (d)(5). Pub. L. 104–59, §315, added par. (5).

Subsec. (e)(3). Pub. L. 104–59, §316(1), designated existing provisions as subpar. (A), inserted subpar. (A) heading, realigned margins, substituted "Except as provided in subparagraph (B), the" for "The", and added subpar. (B).

Subsec. (e)(5). Pub. L. 104–59, §316(2), added par. (5).

1994—Subsec. (b)(2). Pub. L. 103–429 substituted "chapter 53 of title 49" for "the Federal Transit Act".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Except as otherwise provided, 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.

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), (C) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date of 2012 Amendment

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.

Effective Date of 2005 Amendment

Pub. L. 109–59, title I, §1113(b)(3), Aug. 10, 2005, 119 Stat. 1172, provided that: "Paragraph (1) and paragraph (2)(A)(ii) of this subsection [amending this section] shall take effect October 1, 2005."

Pub. L. 109–59, title I, §1113(c), Aug. 10, 2005, 119 Stat. 1172, provided that the amendment made by section 1113(c) is effective Oct. 1, 2005.

Pub. L. 109–59, title I, §1113(e), Aug. 10, 2005, 119 Stat. 1172, provided that the amendment made by section 1113(e) is effective June 9, 1998.

Effective Date

Section 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 an Effective Date of 1991 Amendment note under section 104 of this title.

Congressional Findings Regarding Surface Transportation Block Grant Program

Pub. L. 114–94, div. A, title I, §1109(a), Dec. 4, 2015, 129 Stat. 1338, provided that: "Congress finds that—

"(1) the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated;

"(2) decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and

"(3) reforms of the program to promote flexibility will enhance State and local control over transportation decisions."

References to Surface Transportation Program

Pub. L. 114–94, div. A, title I, §1109(c)(7), Dec. 4, 2015, 129 Stat. 1344, provided that: "Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface transportation block grant program under such section."

Division of STP Funds for Areas of Less Than 5,000 Population

Pub. L. 105–178, title I, §1108(f), June 9, 1998, 112 Stat. 141, as amended by Pub. L. 110–244, title I, §113(a), June 6, 2008, 122 Stat. 1606, provided that:

"(1) Special rule.—Notwithstanding section 133(c) of title 23, United States Code, and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated under [former] section 133(d)(3)(B) of such title for each of fiscal years 1998 through 2009 may be obligated on roads functionally classified as minor collectors.

"(2) Suspension.—The Secretary may suspend the application of paragraph (1) if the Secretary determines that paragraph (1) is being used excessively."

Encouragement of Use of Youth Conservation or Service Corps

Pub. L. 105–178, title I, §1108(g), June 9, 1998, 112 Stat. 141, provided that: "The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform appropriate transportation enhancement activities under chapter 1 of title 23, United States Code."