23 U.S.C. § 126 — Transferability of Federal-aid highway funds

submitted 28 years ago by Pub. L. 105-178 to r/title-23-HIGHWAYS · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

A state may shift up to half of one federal-aid highway apportionment into another apportionment. Certain set-aside funds can't be transferred this way. Special-program funds can move only if the state ran a fair competition that lacked enough good applicants.

(a) In General. Despite any other law, and subject to (b), a state may transfer, from an apportionment under section 104(b), up to 50 percent of the amount apportioned for the fiscal year into any other apportionment that section gives the state. (b) Application to Certain Set-asides. (1) Funds covered by sections 104(d) and 133(d)(1)(A) may not be transferred under this section. (2) Funds a state transfers under this section from the set-aside for the state under section 133(h) for a fiscal year: (A) may only come from the part of those funds available for obligation in any area of the state under section 133(h); and (B) may only be transferred if the Secretary certifies that the state (i) held a competition that followed the guidance issued to carry out section 133(h) and gave applicants enough time to apply; (ii) offered technical assistance to every eligible entity and provided it on request; and (iii) shows there weren't enough suitable applications from eligible entities to use up the funds being transferred.

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

(a)In General.—

Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.

(b)Application to Certain Set-asides.—

(1)In general.—

Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.

(2)Funds transferred by states.—

Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year—

(A)

may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and

(B)

may only be transferred if the Secretary certifies that the State—

(i)

held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;

(ii)

offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and

(iii)

demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.

Source credit: (Added Pub. L. 105–178, title I, § 1310(a), June 9, 1998, 112 Stat. 234, § 110; renumbered § 126, Pub. L. 106–159, title I, § 102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109–59, title I, § 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1509(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, 1437; Pub. L. 117–58, div. A, title I, § 11109(b)(2), Nov. 15, 2021, 135 Stat. 468.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-178 · 112 Stat. 234
1999Amended · Pub. L. 106-159 · 113 Stat. 1752
2005Amended · Pub. L. 109-59 · 119 Stat. 1225
2012Amended · Pub. L. 112-141 · 126 Stat. 567
2015Amended · Pub. L. 114-94 · 129 Stat. 1343, 1437
2021Amended · Pub. L. 117-58 · 135 Stat. 468

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-178 on 1998-06-09.

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