23 U.S.C. § 121 — Payment to States for construction

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 207 words · no verdicts yet

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The federal government can pay states for highway construction costs as the work progresses. This includes paying for stockpiled materials, and even materials off-site if they need special fabrication. Payment happens only under a signed project agreement, sent to whatever official the state designates.

(a) In General. As construction work progresses, the Secretary may make payments to a state for the costs it has already spent on a project — including payments under a long-term concession agreement, such as "availability payments." These payments can also cover the value of materials that are stockpiled near the construction site according to the project's plans, or, if the Secretary decides special off-site fabrication makes on-site stockpiling impossible, materials stockpiled somewhere else. (b) Project Agreement. No payment can be made under this chapter unless the project is covered by a signed project agreement. Once the project is finished according to that agreement, the state is entitled to be paid whatever unpaid balance of the federal share is still owed, out of the funds apportioned or allocated to that state. (c) These payments go to whichever official, officials, or depository the state's transportation department designates and that is legally authorized under state law to receive the state's public funds.

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

(a)In General.—

The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project (including payments made pursuant to a long-term concession agreement, such as availability payments). Such payments may also be made for the value of the materials—

(1)

that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and

(2)

that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity.

(b)Project Agreement.—

No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project.

(c)

Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88–157, § 7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93–87, title I, § 117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100–17, title I, § 133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226; Pub. L. 114–94, div. A, title II, § 2002(a), Dec. 4, 2015, 129 Stat. 1446.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-767 · 72 Stat. 899
1963Amended · Pub. L. 88-157 · 77 Stat. 278
1973Amended · Pub. L. 93-87 · 87 Stat. 259
1976Amended · Pub. L. 94-280 · 90 Stat. 437
1987Amended · Pub. L. 100-17 · 101 Stat. 171
1991Amended · Pub. L. 102-240 · 105 Stat. 1948
1998Amended · Pub. L. 105-178 · 112 Stat. 193, 226
2015Amended · Pub. L. 114-94 · 129 Stat. 1446

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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