§ 118. Availability of funds
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(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.
Amendments
2012—Subsec. (b). Pub. L. 112–141, § 1519(c)(5), designated par. (2) as subsec. (b), struck out “(other than for Interstate construction)” after “this title”, and struck out former par. (1) relating to interstate construction funds and heading of former par. (2) which read “Other funds”.
Subsecs. (c) to (e). Pub. L. 112–141, § 1519(b)(1)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which related to set asides for interstate discretionary projects.
2005—Subsec. (c)(1). Pub. L. 109–59, § 1111(a), substituted “$100,000,000 for each of fiscal years 2005 through 2009” for “$50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003”.
Subsec. (d). Pub. L. 109–59, § 1501(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Any Federal-aid highway funds released by the final payment on a project, or by the modification of the project agreement, shall be credited to the same program funding category previously apportioned to the State and shall be immediately available for expenditure.”
1998—Subsec. (b). Pub. L. 105–178, § 1226(b)(1), as added by Pub. L. 105–206, § 9003(a), struck out “; Discretionary Projects” after “Availability” in heading.
Subsec. (c). Pub. L. 105–178, § 1107(b), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text related to set asides for interstate discretionary projects, including set asides for construction projects and for 4R projects.
Subsec. (d). Pub. L. 105–178, § 1106(c)(1)(B), which directed the redesignation of subsec. (e) as (d) and the striking out of former subsec. (d), was executed by redesignating the subsec. (e) added by Pub. L. 105–178, § 1226(b)(2), as (d), and striking out former subsec. (d), to reflect the probable intent of Congress. Former subsec. (d) read as follows: “In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(1) of this section.”
Subsec. (e). Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L. 105–178, § 1226(b)(2), redesignated (d), to reflect the probable intent of Congress.
Pub. L. 105–178, § 1226(b)(2), as added by Pub. L. 105–226, § 9003(a), which directed the addition of subsec. (e) and the striking out of former subsec. (e), was executed by adding subsec. (e) and striking out the former subsec. (e) as in effect before the redesignation of subsecs. (e) and (f) as (d) and (e), respectively, by Pub. L. 105–178, § 1106(c)(1)(B)(ii), to reflect the probable intent of Congress. Former subsec. (e) read as follows: “The total payments to any State shall not at any time during a current fiscal year exceed the total of all apportionments to such State in accordance with section 104 of this title for such fiscal year and all preceding fiscal years.”
Subsec. (f). Pub. L. 105–178, § 1106(c)(1)(B)(ii), redesignated subsec. (f) as (e).
1992—Subsec. (b)(1). Pub. L. 102–388 substituted “construction in a State (other than Massachusetts)” for “construction in a State” and “after
1991—Subsec. (a). Pub. L. 102–240, § 1020(a), added subsec. (a) and struck out former subsec. (a) which read as follows: “On and after the date that the Secretary has certified to each State highway department the sums apportioned to each Federal-aid system or part thereof pursuant to an authorization under this title, or under prior Acts, such sums shall be available for expenditure under the provisions of this title.”
Subsec. (b). Pub. L. 102–240, § 1020(a), added subsec. (b) and struck out former subsec. (b) which contained provisions relating to periods of availability of non-Interstate funds, Interstate construction funds, and funds for resurfacing, restoring, rehabilitating and reconstructing Interstate System, and provisions deeming obligation of funds as equivalent to expenditure and relating to effect of release of funds.
Subsec. (c)(1). Pub. L. 102–240, § 1020(b)(1), (2), substituted “1992” for “1983” and “$100,000,000” for “$300,000,000”.
Subsec. (c)(2). Pub. L. 102–240, § 1020(b)(3), added par. (2) and struck out former par. (2) which read as follows: “Set aside for 4r projects.—Before any apportionment is made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.”
Subsec. (d). Pub. L. 102–240, § 1020(c), substituted “(b)(1)” for “(b)(2)”.
Subsec. (f). Pub. L. 102–240, § 1020(d), struck out “on a Federal-aid system” after “roads”.
1987—Pub. L. 100–17, § 114(e)(2), substituted “Availability of funds” for “Availability of sums apportioned” in section catchline.
Subsec. (b). Pub. L. 100–17, § 114(e)(3)(A), inserted heading.
Subsec. (b)(1). Pub. L. 100–17, § 114(e)(3)(B), (D), inserted heading and aligned par. (1) with par. (2) as amended.
Subsec. (b)(2). Pub. L. 100–17, § 114(a), amended par. (2) generally, revising and restating as subpars. (A) to (F) provisions formerly contained in an undivided paragraph.
Subsec. (b)(3). Pub. L. 100–17, § 114(c), amended par. (3) generally, revising and restating as subpars. (A) to (D) provisions formerly contained in an undivided paragraph.
Subsec. (b)(4). Pub. L. 100–17, § 114(e)(3)(C), (D), inserted heading and aligned par. (4) with par. (2) as amended.
Subsec. (c). Pub. L. 100–17, § 114(b), (e)(4), inserted heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Subject to section 149(d) of the Federal-Aid Highway Act of 1987, such amount” for “Such amount” in par. (1), added par. (2), and aligned par. (1) with par. (2).
Subsec. (f). Pub. L. 100–17, § 115, inserted “and the Commonwealth of Puerto Rico” after “the State of Alaska”.
1983—Subsec. (b). Pub. L. 97–424, § 115(a), designated existing provisions as pars. (1) through (4), in par. (2) as so designated, substituted “for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State’s apportionment. Sums may only be made available under this paragraph in any State” for “to any other State applying for such funds for the Interstate System,” after “available by the Secretary”, struck out former cl. (1), which had required readiness to obligate funds within one year of the date the funds are made available, redesignated former cls. (2) and (3) as (A) and (B), respectively; and in par. (3) as so designated, struck out “and any amounts so apportioned remaining unexpended at the end of such period shall lapse” after “such sums are authorized”, inserted provision relating to the disposition of funds not obligated within the prescribed time period, and inserted further provision that sums made available under this paragraph shall remain available until expended.
Subsecs. (c) to (f). Pub. L. 97–424, § 115(b), added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively.
1979—Subsec. (b). Pub. L. 96–106 substituted “shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse” for “remaining unexpended at the end of the period of its availability shall lapse”.
1978—Subsec. (b). Pub. L. 95–599 substituted provisions relating to the availability of funds until the end of the fiscal year for provisions relating to the availability of funds until two years after the close of the fiscal year and substituted provisions establishing requirements for eligibility for funds for provisions calling for immediate reapportionment of unexpended funds.
1976—Subsec. (b). Pub. L. 94–280, in revising text, provided for a separate three year period of availability of sums apportioned to a Federal-aid system (other than the Interstate System), increased from the previously applicable two year period; continued the existing two year period for sums apportioned to the Interstate System; substituted provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4)(A), under section 104(b)(5)(A) of this title and for lapse of sums apportioned to the Interstate System under section 104(b)(4)(B) of this title for prior provision for reapportionment of sums, apportioned to the States for the Interstate System under section 104(b)(4) and (5), under section 104(b)(5) of this title; and substituted provisions deeming there to be an expenditure of sums apportioned to a Federal-aid system if a sum equal to the total of the sums apportioned to the State for the fiscal year and previous fiscal years is obligated for prior provision deeming an expenditure to exist if a sum equal to the total of the sums apportioned to the States for the fiscal year and previous fiscal years is covered by formal project agreements providing for the expenditure of funds authorized by each Act which contains provisions authorizing the appropriation of funds for Federal-aid highways.
1966—Subsec. (d). Pub. L. 89–574 added subsec. (d).
Effective Date Of Amendment
Amendment by Pub. L. 112–141 effective
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before
Amendment by Pub. L. 102–240 effective
Pub. L. 96–106, § 5(b),
Miscellaneous
Pub. L. 109–59, title I, § 1603,