23 U.S.C. § 119 : US Code - Section 119: Interstate maintenance program

Search 23 U.S.C. § 119 : US Code - Section 119: Interstate maintenance program

(a) In General. -
(1) Projects. - The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing -
(A) routes on the Interstate System designated under section
103(c)(1) and, in Alaska and Puerto Rico, under section
103(c)(4)(A);
(B) routes on the Interstate System designated before the
date of enactment of the Transportation Equity Act for the 21st
Century under subsections (a) and (b) of section 139 (as in
effect on the day before the date of enactment of such Act);
and
(C) any segments that become part of the Interstate System
under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
(2) Toll roads. - The Secretary may approve a project pursuant
to this subsection on a toll road only if such road is subject to
a Secretarial agreement provided for in section 129 or continued
in effect by section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1939) and not
voided by the Secretary under section 120(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 159).
(3) Funding. - Sums authorized to be appropriated to carry out
this section shall be out of the Highway Trust Fund and shall be
apportioned in accordance with section 104(b)(4).
(b) Transfer of Interstate Construction Apportionments. - Upon
application by a State (other than the State of Massachusetts) and
approval by the Secretary, the Secretary may transfer to the
apportionments to such State under section 104(b)(1) or 104(b)(4)
any amount of the funds apportioned to such State for any fiscal
year under section 104(b)(5)(A) (as in effect on the date before
the date of enactment of the Transportation Equity Act for the 21st
Century) if such amount does not exceed the Federal share of the
costs of construction of segments of the Interstate System open to
traffic in such State (other than high occupancy vehicle lanes)
included in the most recent interstate cost estimate. Upon transfer
of such amount, the construction on which such amount is based on
open-to-traffic segments of the Interstate System in such State as
included in the latest interstate cost estimate shall be ineligible
and shall not be included in future interstate cost estimates
approved or adjusted under section 104(b)(5)(A) (as in effect on
the date before the date of enactment of the Transportation Equity
Act for the 21st Century).
(c) Transfer of Funds for Surface Transportation Program
Projects. -
(1) Upon certification acceptance. - If a State certifies to
the Secretary that any part of the sums apportioned to the State
under section 104(b)(4) of this title are in excess of the needs
of the State for resurfacing, restoring, or rehabilitating
Interstate System routes and the State is adequately maintaining
the Interstate System and the Secretary accepts such
certification, the State may transfer such excess part to its
apportionment under sections 104(b)(1) and 104(b)(3).
(2) Unconditional. - Notwithstanding paragraph (1), a State may
transfer to its apportionment under sections 104(b)(1) and
104(b)(3) of this title -
(A) in fiscal year 1987, an amount not to exceed 20 percent
of the funds apportioned to the State under section 104(b)(4)
which are not obligated at the time of the transfer; and
(B) in any fiscal year thereafter, an amount not to exceed 20
percent of the funds apportioned to the State under section
104(b)(4) for such fiscal year.
(d) Limitation on New Capacity. - Notwithstanding any other
provision of this title, the portion of the cost of any project
undertaken pursuant to this section that is attributable to the
expansion of the capacity of any Interstate highway or bridge,
where such new capacity consists of one or more new travel lanes
that are not high-occupancy vehicle lanes or auxiliary lanes, shall
not be eligible for funding under this section.