23 U.S.C. § 118 — Availability of funds

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 302 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets when highway funds become available and how long they can be used. Funds generally become available on the apportionment date or October 1, whichever comes first. They then stay usable for three years, and Alaska and Puerto Rico may use them for access roads.

(a) Date Available for Obligation. Unless a law specifically says otherwise, Highway Trust Fund money for this title (not counting the Mass Transit Account) becomes available to spend on the date it is apportioned or allocated, or on October 1 of the fiscal year it was authorized for - whichever date comes first. (b) Period of Availability. Unless specifically provided otherwise, funds apportioned or allocated to a State under this title stay available for that State to spend for three years after the end of the fiscal year they were authorized for. Any money that is still unspent after that three-year window expires and can no longer be used. (c) Obligation and Release of Funds. (1) In general. Funds given to a State for a purpose in a given fiscal year count as spent once the State has spent an amount equal to everything apportioned or allocated to it for that purpose, across that year and all earlier years. (2) Released funds. If money is freed up because a project's final payment is made, or because the project agreement is changed, that freed money is credited back to the same category of funds the State originally received, and becomes immediately available to spend again. (3) Net obligations. No matter what other law says, spending recorded against these funds must be tracked and reported as net amounts (spending minus any money that comes back). (d) Alaska and Puerto Rico may spend funds made available under this title to build access and development roads. These roads can serve resource development, recreation, housing, commercial, industrial, or similar purposes.

the actual law source: uscode.house.gov ↗public domain

(a)Date Available for Obligation.—

Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(b)Period of Availability.—

Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.

(c)Obligation and Release of Funds.—

(1)In general.—

Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated.

(2)Released funds.—

Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be—

(A)

credited to the same class of funds previously apportioned or allocated to the State for the project; and

(B)

immediately available for obligation.

(3)Net obligations.—

Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations.

(d)

Funds made available to the State of Alaska and the Commonwealth of Puerto Rico under this title may be expended for construction of access and development roads that will serve resource development, recreational, residential, commercial, industrial, or other like purposes.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89–574, § 7(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 94–280, title I, § 117(a), May 5, 1976, 90 Stat. 436; Pub. L. 95–599, title I, § 115(a), Nov. 6, 1978, 92 Stat. 2697; Pub. L. 96–106, § 5(a), Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 115, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, §§ 114(a)–(c), (e)(2)–(4), 115, Apr. 2, 1987, 101 Stat. 150–153; Pub. L. 102–240, title I, § 1020, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 102–388, title IV, § 409, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105–178, title I, §§ 1106(c)(1)(B), 1107(b), 1226(b), June 9, 1998, 112 Stat. 136, 137; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109–59, title I, §§ 1111(a), 1501(b), Aug. 10, 2005, 119 Stat. 1171, 1235; Pub. L. 112–141, div. A, title I, § 1519(b)(1)(B), (c)(4), formerly (c)(5), July 6, 2012, 126 Stat. 575, renumbered § 1519(c)(4), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-767 · 72 Stat. 897
1966Amended · Pub. L. 89-574 · 80 Stat. 768
1976Amended · Pub. L. 94-280 · 90 Stat. 436
1978Amended · Pub. L. 95-599 · 92 Stat. 2697
1979Amended · Pub. L. 96-106 · 93 Stat. 797
1983Amended · Pub. L. 97-424 · 96 Stat. 2107
1987Amended · Pub. L. 100-17 · 101 Stat. 150
1991Amended · Pub. L. 102-240 · 105 Stat. 1948
1992Amended · Pub. L. 102-388 · 106 Stat. 1565
1998Amended · Pub. L. 105-178 · 112 Stat. 136, 137
1998Amended · Pub. L. 105-206 · 112 Stat. 837
2005Amended · Pub. L. 109-59 · 119 Stat. 1171, 1235
2012Amended · Pub. L. 112-141 · 126 Stat. 575

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

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