§ 133. Surface transportation program
-
(a) Establishment.— The Secretary shall establish a surface transportation program in accordance with this section. (b) Eligible Projects.— A State may obligate funds apportioned to it under section 104(b)(2) for the surface transportation program only for the following: (1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40. (2) Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes. (3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway. (4) Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures). (5) Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus. (6) Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings. (8) Highway and transit research and development and technology transfer programs. (9) Capital and operating costs for traffic monitoring, management, and control facilities and programs, including advanced truck stop electrification systems. (10) Surface transportation planning programs. (11) Transportation alternatives. (12) Transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). (13) Development and establishment of management systems shall make available during the period of fiscal years 2011 through 2014 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and (B) the ratio that— (i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. (2) Joint responsibility.— Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1). (g) Bridges Not on Federal-aid Highways.— (1) Definition of off-system bridge.— In this subsection, the term “off-system bridge” means a highway bridge located on a public road, other than a bridge on a Federal-aid highway. (2) Special rule.— (A) Set-aside.— Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection. (B) Reduction of expenditures.— The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure. (3) Credit for bridges not on federal-aid highways.— Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge— (A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and (B) that crediting shall be conducted in accordance with procedures established by the Secretary. (h) Special Rule for Areas of Less Than 5,000 Population.— (1) Special rule.— Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads functionally classified as minor collectors. (2) Suspension.— The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.
References In Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(6), is Pub. L. 101–336,
Section 1401 of the MAP–21, referred to in subsec. (b)(23), is section 1401 of Pub. L. 112–141, which is set out as a note under section 137 of this title.
Section 104, referred to in subsec. (f)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a),
Prior Provisions
A prior section 133, Pub. L. 87–866, § 5(a),
Amendments
2012—Subsec. (b). Pub. L. 112–141, § 1108(a)(1), substituted “section 104(b)(2)” for “section 104(b)(3)” in introductory provisions.
Subsec. (b)(1). Pub. L. 112–141, § 1108(a)(2), (4), added par. (1) and struck out former par. (1) which read as follows: “Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title.”
Subsec. (b)(2) to (4). Pub. L. 112–141, § 1108(a)(4), added pars. (2) to (4). Former pars. (2) to (4) redesignated (5) to (7), respectively.
Subsec. (b)(5). Pub. L. 112–141, § 1108(a)(3), redesignated par. (2) as (5). Former par. (5) redesignated (8).
Subsec. (b)(6). Pub. L. 112–141, § 1108(a)(5), added par. (6) and struck out former par. (6) which read as follows: “Carpool projects, fringe and corridor parking facilities and programs, bicycle transportation and pedestrian walkways in accordance with section 217, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).”
Pub. L. 112–141, § 1108(a)(3), redesignated par. (3) as (6). Former par. (6) redesignated (9).
Subsec. (b)(7). Pub. L. 112–141, § 1108(a)(6), added par. (7) and struck out former par. (7) which read as follows: “Highway and transit safety infrastructure improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.”
Pub. L. 112–141, § 1108(a)(3), redesignated par. (4) as (7). Former par. (7) redesignated (10).
Subsec. (b)(8) to (10). Pub. L. 112–141, § 1108(a)(3), redesignated pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (11) to (13), respectively.
Subsec. (b)(11). Pub. L. 112–141, § 1108(a)(3), (7), redesignated par. (8) as (11) and substituted “alternatives” for “enhancement activities”. Former par. (11) redesignated (14).
Subsec. (b)(12). Pub. L. 112–141, § 1108(a)(3), redesignated par. (9) as (12). Former par. (12) redesignated (15).
Subsec. (b)(13). Pub. L. 112–141, §§ 1108(a)(3), 1519(c)(8), redesignated par. (10) as (13) and struck out “under section 303.” at end. Former par. (13) redesignated (16).
Subsec. (b)(14). Pub. L. 112–141, § 1108(a)(8), added par. (14) and struck out former par. (14) which related to obligating funds for the surface transportation program for projects related to participation in natural habitat and wetlands mitigation efforts.
Pub. L. 112–141, § 1108(a)(3), redesignated par. (11) as (14). Former par. (14) redesignated (17).
Subsec. (b)(15) to (18). Pub. L. 112–141, § 1108(a)(3), redesignated pars. (12) to (15) as (15) to (18), respectively.
Subsec. (b)(19) to (26). Pub. L. 112–141, § 1108(a)(9), added pars. (19) to (26).
Subsec. (c). Pub. L. 112–141, § 1108(b), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b)(3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on
Subsec. (d). Pub. L. 112–141, § 1108(c), added subsec. (d) and struck out former subsec. (d) which related to allocations of apportioned funds.
Subsec. (e). Pub. L. 112–141, § 1108(d), added subsec. (e) and struck out former subsec. (e) which related to administration and consisted of pars. (1) to (5).
Subsec. (f)(1). Pub. L. 112–141, § 1108(e), substituted “2011 through 2014” for “2004 through 2006 and the period of fiscal years 2007 through 2009” in introductory provisions.
Subsecs. (g), (h). Pub. L. 112–141, § 1108(f), added subsecs. (g) and (h).
2005—Subsec. (b)(6). Pub. L. 109–59, § 1113(a)(1), inserted “, including advanced truck stop electrification systems” before period at end.
Subsec. (b)(12). Pub. L. 109–59, § 1113(a)(2), added par. (12).
Subsec. (b)(14), (15). Pub. L. 109–59, § 6006(a)(2), added pars. (14) and (15) and struck out former par. (14) which read as follows: “Environmental restoration and pollution abatement projects (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degradation caused or contributed to by transportation facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of funds under this section for any such environmental restoration or pollution abatement project shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration project.”
Subsec. (d)(1). Pub. L. 109–59, § 1113(b)(1), struck out heading and text of par. (1). Text read as follows: “10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section.”
Subsec. (d)(2). Pub. L. 109–59, § 1113(c), substituted “In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005,” for “10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year”.
Subsec. (d)(3)(A). Pub. L. 109–59, § 1113(b)(2)(A)(ii), substituted “90 percent” for “80 percent” in introductory provisions.
Pub. L. 109–59, § 1113(b)(2)(A)(i), substituted “subparagraph (C)” for “subparagraphs (C) and (D)” in introductory provisions.
Subsec. (d)(3)(B). Pub. L. 109–59, § 1113(b)(2)(B), substituted “to be” for “tobe”.
Subsec. (d)(3)(C) to (E). Pub. L. 109–59, § 1113(b)(2)(C), redesignated subpar. (D) as (C), inserted period at end, redesignated par. (E) as (D), and struck out former subpar. (C) which related to special rule in the case of a State in which greater than 80 percent of the population of the State was located in 1 or more metropolitan statistical areas, and greater than 80 percent of the land area of such State was owned by the United States.
Subsec. (f). Pub. L. 109–59, § 1113(e), amended directory language of Pub. L. 105–178, § 1108(e). See 1998 Amendment note below.
Subsec. (f)(1). Pub. L. 109–59, § 1113(d), substituted “2004 through 2006” for “1998 through 2000” and “2007 through 2009” for “2001 through 2003” in introductory provisions.
1998—Subsec. (b)(1). Pub. L. 105–178, § 1108(a)(1), inserted “, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions” after “calcium magnesium acetate”.
Subsec. (b)(2). Pub. L. 105–178, § 1108(a)(2), substituted “, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus” for “and publicly owned intracity or intercity bus terminals and facilities”.
Subsec. (b)(3). Pub. L. 105–178, § 1108(a)(3), substituted “bicycle” for “and bicycle” and inserted before period at end “, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)”.
Subsec. (b)(4). Pub. L. 105–178, § 1108(a)(4), substituted “Highway and transit safety infrastructure” for “Highway and transit safety”.
Subsec. (b)(9). Pub. L. 105–178, § 1108(a)(5), substituted “section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))” for “section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act”.
Subsec. (b)(11). Pub. L. 105–178, § 1108(a)(6), in first sentence, inserted “natural habitat and” after “participation in” in two places and also before “wetlands conservation and mitigation plans” and substituted “enhance, and create natural habitats and wetlands” for “enhance and create wetlands” and inserted at end “With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (
Subsec. (b)(13), (14). Pub. L. 105–178, § 1108(a)(7), added pars. (13) and (14).
Subsec. (d)(3)(D). Pub. L. 105–178, § 1108(b)(1), substituted “Hawaii and Alaska” for “any State which is noncontiguous with the continental United States.”
Subsec. (d)(5)(C). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.
Subsec. (e)(2). Pub. L. 105–178, § 1108(c), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during such quarter. A State may request adjustment to the obligation amounts later in each of such quarters. Acceptance of the notification and certification shall be deemed a contractual obligation of the United States for the payment of the surface transportation program funds expected to be obligated by the State in such quarter for projects not subject to review by the Secretary under this chapter.”
Subsec. (e)(3)(A). Pub. L. 105–178, § 1108(d), struck out at end “Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments.”
Subsec. (e)(3)(B)(i). Pub. L. 105–178, § 1108(b)(2)(A), struck out before period at end “if the Secretary certifies for the fiscal year that the State has authorized and uses a process for the selection of transportation enhancement projects that involves representatives of affected public entities, and private citizens, with expertise related to transportation enhancement activities”.
Subsec. (e)(5)(C). Pub. L. 105–178, § 1108(b)(2)(B), added subpar. (C).
Subsec. (f). Pub. L. 105–178, § 1108(e), as amended by Pub. L. 109–59, § 1113(e), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate during the 6-fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying—
“(1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by
“(2) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.”
1995—Subsec. (d)(5). Pub. L. 104–59, § 315, added par. (5).
Subsec. (e)(3). Pub. L. 104–59, § 316(1), designated existing provisions as subpar. (A), inserted subpar. (A) heading, realigned margins, substituted “Except as provided in subparagraph (B), the” for “The”, and added subpar. (B).
Subsec. (e)(5). Pub. L. 104–59, § 316(2), added par. (5).
1994—Subsec. (b)(2). Pub. L. 103–429 substituted “chapter 53 of title 49” for “the Federal Transit Act”.
Effective Date Of Amendment
Amendment by Pub. L. 112–141 effective
Pub. L. 109–59, title I, § 1113(b)(3),
Pub. L. 109–59, title I, § 1113(c),
Pub. L. 109–59, title I, § 1113(e),
Effective Date
Section effective
Miscellaneous
Pub. L. 105–178, title I, § 1108(f),
Pub. L. 105–178, title I, § 1108(g),