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23 U.S.C. § 204Federal lands access program

submitted 14 years ago by Pub. L. 112-141 to r/title-23-HIGHWAYS · 967 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Lands Access Program pays for roads, transit, and related projects near or on federal land. Money is split among states using a formula based on visits, land area, roads, and bridges. A state committee decides which projects to fund.

(a) Use of Funds (1) The Secretary of Transportation and the Secretary of the relevant federal land agency must use Federal Lands Access Program money to pay for: (A) Planning, research, engineering, maintenance, rehabilitation, restoration, and construction of transportation facilities on, next to, or leading to federal land — including: parking areas and their interpretive signs; buying scenic easements and scenic or historic sites; sidewalks and bike paths; environmental work near federal land to improve safety and cut down on vehicles hitting wildlife, while keeping habitat connected; building or rebuilding rest areas, including bathrooms and water systems; wayfinding signs that fit the area; landscaping; cleaning up or removing visual clutter cooperatively; and any other public road facility the Secretary decides is appropriate. (B) Operating and maintaining transit facilities. (C) Any transportation project eligible under this title that is on, next to, or leads to federal land. (2) For these projects, the Secretary and the relevant federal land agency's Secretary can sign a contract or agreement with a state (or a part of a state) or an Indian tribe. (3) All money spent building and improving these facilities must follow regulations and agreements the Secretary approves. (4) States, counties, or other local governments can cooperate on projects, but they aren't required to. Any money they contribute gets credited back into the program's available funds. (5) Construction contracts must normally go through competitive bidding — unless the Secretary (or the land agency's Secretary) finds that a different method serves the public interest better. (6) When carrying out these activities, the Secretary must make sure the entity doing the work considers, as much as practical, using native plants adapted to the local area, and designs that cut down on runoff and heat. (b) Program Distributions (1) Money for the program is split among states that have federal land, using this formula: (A) States with at least 1.5% of all the federally managed public land in the country get 80% of the funding, split this way: 30% based on how much recreational visiting each state gets compared to all these states combined; 5% based on how much federal land area each state has compared to all these states combined; 55% based on how many miles of federal public roads each state has compared to all these states combined; and 10% based on how many federal public bridges each state has compared to all these states combined. (B) States with less than 1.5% of that federal land get the remaining 20% of the funding, split using the exact same four ratios — visits, land area, road miles, and bridges — but compared just among that smaller group of states. (2) The data used for this formula comes from five federal agencies: the National Park Service, the Forest Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the Army Corps of Engineers. (c) Programming Decisions Committee (1) Each state has a committee that decides which projects get funded. It includes a representative from the Federal Highway Administration, a representative from the state's Department of Transportation, and a representative from a relevant local government in the state. (2) Before making any joint decision or final funding choice, this committee must consult with every relevant federal agency in the state. (3) When choosing projects, the committee must favor ones that serve, are next to, or are inside high-use federal recreation sites or federal economic centers, as identified by the Secretaries of the relevant federal land agencies.
the actual law source: uscode.house.gov ↗public domain
(a)Use of Funds.—
(1)In general.—

Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—

(A)

transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—

(i)

adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;

(ii)

acquisition of necessary scenic easements and scenic or historic sites;

(iii)

provisions for pedestrians and bicycles;

(iv)

environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(v)

construction and reconstruction of roadside rest areas, including sanitary and water facilities;

(vi)

contextual wayfinding markers;

(vii)

landscaping;

(viii)

cooperative mitigation of visual blight, including screening or removal; and

(ix)

other appropriate public road facilities, as determined by the Secretary;

(B)

operation and maintenance of transit facilities; and

(C)

any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.

(2)Contract.—

In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—

(A)

a State (including a political subdivision of a State); or

(B)

an Indian tribe.

(3)Administration.—

All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.

(4)Cooperation.—
(A)In general.—

The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

(B)Funds received.—

Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.

(5)Competitive bidding.—
(A)In general.—

Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

(B)Exception.—

Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.

(6)Native plant materials.—

In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—

(A)

the use of locally adapted native plant materials; and

(B)

designs that minimize runoff and heat generation.

(b)Program Distributions.—
(1)In general.—

Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:

(A)

80 percent of the available funding for use in those States that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)

30 percent in the ratio that—

(I)

recreational visitation within each such State; bears to

(II)

the recreational visitation within all such States.

(ii)

5 percent in the ratio that—

(I)

the Federal land area within each such State; bears to

(II)

the Federal land area in all such States.

(iii)

55 percent in the ratio that—

(I)

the Federal public road miles within each such State; bears to

(II)

the Federal public road miles in all such States.

(iv)

10 percent in the ratio that—

(I)

the number of Federal public bridges within each such State; bears to

(II)

the number of Federal public bridges in all such States.

(B)

20 percent of the available funding for use in those States that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)

30 percent in the ratio that—

(I)

recreational visitation within each such State; bears to

(II)

the recreational visitation within all such States.

(ii)

5 percent in the ratio that—

(I)

the Federal land area within each such State; bears to

(II)

the Federal land area in all such States.

(iii)

55 percent in the ratio that—

(I)

the Federal public road miles within each such State; bears to

(II)

the Federal public road miles in all such States.

(iv)

10 percent in the ratio that—

(I)

the number of Federal public bridges within each such State; bears to

(II)

the number of Federal public bridges in all such States.

(2)Data source.—

Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:

(A)

The National Park Service.

(B)

The Forest Service.

(C)

The United States Fish and Wildlife Service.

(D)

The Bureau of Land Management.

(E)

The Corps of Engineers.

(c)Programming Decisions Committee.—
(1)In general.—

Programming decisions shall be made within each State by a committee comprised of—

(A)

a representative of the Federal Highway Administration;

(B)

a representative of the State Department of Transportation; and

(C)

a representative of any appropriate political subdivision of the State.

(2)Consultation requirement.—

The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision.

(3)Project preference.—

In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.

Source credit: (Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 489; amended Pub. L. 117–58, div. A, title I, § 11113(b), Nov. 15, 2021, 135 Stat. 479.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-141 · 126 Stat. 489
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 479

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.

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