23 U.S.C. § 118 : US Code - Section 118: Availability of funds

Search 23 U.S.C. § 118 : US Code - Section 118: Availability of funds

(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. -
(1) Interstate construction funds. - Funds apportioned or
allocated for Interstate construction in a State (other than
Massachusetts) shall remain available for obligation in that
State until the last day of the fiscal year in which they are
apportioned or allocated. Sums not obligated by the last day of
the fiscal year in which they are apportioned or allocated shall
be allocated to other States, except Massachusetts, at the
discretion of the Secretary. All sums apportioned or allocated on
or after October 1, 1994, shall remain available in the State
until expended. All sums apportioned or allocated to
Massachusetts on or after October 1, 1989, shall remain available
until expended.
(2) Other funds. - Except as otherwise specifically provided,
funds apportioned or allocated pursuant to this title (other than
for Interstate construction) 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) Set Asides for Interstate Discretionary Projects. -
(1) In general. - Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $100,000,000 for
each of fiscal years 2005 through 2009 for obligation by the
Secretary for projects for resurfacing, restoring,
rehabilitating, and reconstructing any route or portion thereof
on the Interstate System (other than any highway designated as a
part of the Interstate System under section 139 (as in effect on
the day before the date of enactment of the Transportation Equity
Act for the 21st Century)) and any toll road on the Interstate
System not subject to an agreement under section 119(e) (as in
effect on December 17, 1991).
(2) Selection criteria. - The amounts set aside under paragraph
(1) shall be made available by the Secretary to any State
applying for such funds if the Secretary determines that -
(A) the State has obligated or demonstrates that it will
obligate in the fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by itself, is
insufficient to pay the Federal share of the cost of a project
for resurfacing, restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted by the State to
the Secretary for approval; and
(B) the applicant is willing and able to -
(i) obligate the funds within 1 year of the date the funds
are made available;
(ii) apply the funds to a ready-to-commence project; and
(iii) in the case of construction work, begin work within
90 days after obligation.
(3) Priority consideration for certain projects. - In selecting
projects to fund under paragraph (1), the Secretary shall give
priority consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area or a high
truck-volume route in a rural area.
(4) Period of availability of discretionary funds. - Sums made
available pursuant to this subsection shall remain available
until expended.
(d) 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.
(e) (!1) 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.