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23 U.S.C. § 145Federal-State relationship

submitted 53 years ago by Pub. L. 93-87 to r/title-23-HIGHWAYS · 203 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects each state's power to decide which highway projects get federal money. Federal-aid highway funding does not take away a state's right to choose its own projects. It also explains that certain listed transportation projects are meant to qualify for federal funding, not to limit what states can do under this law.

(a) Protection of State Sovereignty. Making federal funds available, or authorizing their spending, under this chapter does not take away the states' sovereign right to decide which projects get federally financed. This chapter sets up a program that is federally assisted, but still run by the states. (b) Purpose of Projects. This subsection covers certain projects described in several named laws: section 1702 of SAFETEA-LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. These projects are meant to establish that they can receive Federal-aid highway funds under matching sections of those same laws. This subsection is not meant to define, in a narrower or different way, what the federal government can do — it must be read consistently with subsection (a)'s protection of state authority.
the actual law source: uscode.house.gov ↗public domain
(a)Protection of State Sovereignty.—

The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.

(b)Purpose of Projects.—

The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).

Source credit: (Added Pub. L. 93–87, title I, § 123(a), Aug. 13, 1973, 87 Stat. 261; amended Pub. L. 105–178, title I, § 1601(b), June 9, 1998, 112 Stat. 256; Pub. L. 109–59, title I, § 1701(e), Aug. 10, 2005, 119 Stat. 1256; Pub. L. 112–141, div. A, title I, § 1519(c)(9), formerly § 1519(c)(10), July 6, 2012, 126 Stat. 576, renumbered § 1519(c)(9), 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
  • 1973Enacted · Pub. L. 93-87 · 87 Stat. 261
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 256
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1256
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 576

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-87 on 1973-08-13.

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