23 U.S.C. § 120 : US Code - Section 120: Federal share payable

Search 23 U.S.C. § 120 : US Code - Section 120: Federal share payable

(a) Interstate System Projects. -
(1) In general. - Except as otherwise provided in this chapter,
the Federal share payable on account of any project on the
Interstate System (including a project to add high occupancy
vehicle lanes and a project to add auxiliary lanes but excluding
a project to add any other lanes) shall be 90 percent of the
total cost thereof, plus a percentage of the remaining 10 percent
of such cost in any State containing unappropriated and
unreserved public lands and nontaxable Indian lands, individual
and tribal, exceeding 5 percent of the total area of all lands
therein, equal to the percentage that the area of such lands in
such State is of its total area; except that such Federal share
payable on any project in any State shall not exceed 95 percent
of the total cost of such project.
(2) State-determined lower federal share. - In the case of any
project subject to paragraph (1), a State may determine a lower
Federal share than the Federal share determined under such
paragraph.
(b) Other Projects. - Except as otherwise provided in this title,
the Federal share payable on account of any project or activity
carried out under this title (other than a project subject to
subsection (a)) shall be -
(1) 80 percent of the cost thereof, except that in the case of
any State containing nontaxable Indian lands, individual and
tribal, and public domain lands (both reserved and unreserved)
exclusive of national forests and national parks and monuments,
exceeding 5 percent of the total area of all lands therein, the
Federal share, for purposes of this chapter, shall be increased
by a percentage of the remaining cost equal to the percentage
that the area of all such lands in such State, is of its total
area; or
(2) 80 percent of the cost thereof, except that in the case of
any State containing nontaxable Indian lands, individual and
tribal, public domain lands (both reserved and unreserved),
national forests, and national parks and monuments, the Federal
share, for purposes of this chapter, shall be increased by a
percentage of the remaining cost equal to the percentage that the
area of all such lands in such State is of its total area;
except that the Federal share payable on any project in a State
shall not exceed 95 percent of the total cost of any such project.
In any case where a State elects to have the Federal share provided
in paragraph (2) of this subsection, the State must enter into an
agreement with the Secretary covering a period of not less than 1
year, requiring such State to use solely for purposes eligible for
assistance under this title (other than paying its share of
projects approved under this title) during the period covered by
such agreement the difference between the State's share as provided
in paragraph (2) and what its share would be if it elected to pay
the share provided in paragraph (1) for all projects subject to
such agreement. In the case of any project subject to this
subsection, a State may determine a lower Federal share than the
Federal share determined under the preceding sentences of this
subsection.
(c) Increased Federal Share for Certain Safety Projects. - The
Federal share payable on account of any project for traffic control
signalization, traffic circles (also known as "roundabouts"),
safety rest areas, pavement marking, commuter carpooling and
vanpooling, rail-highway crossing closure, or installation of
traffic signs, traffic lights, guardrails, impact attenuators,
concrete barrier endtreatments, breakaway utility poles, or
priority control systems for emergency vehicles or transit vehicles
at signalized intersections may amount to 100 percent of the cost
of construction of such projects; except that not more than 10
percent of all sums apportioned for all the Federal-aid systems for
any fiscal year in accordance with section 104 of this title shall
be used under this subsection. In this subsection, the term "safety
rest area" means an area where motor vehicle operators can park
their vehicles and rest, where food, fuel, and lodging services are
not available, and that is located on a segment of highway with
respect to which the Secretary determines there is a shortage of
public and private areas at which motor vehicle operators can park
their vehicles and rest.
(d) The Secretary may rely on a statement from the Secretary of
the Interior as to the area of the lands referred to in subsections
(a) and (b) of this section. The Secretary of the Interior is
authorized and directed to provide such statement annually.
(e) Emergency Relief. - The Federal share payable on account of
any repair or reconstruction provided for by funds made available
under section 125 of this title on account of any project on a
Federal-aid highway, including the Interstate System, shall not
exceed the Federal share payable on a project on such highway as
provided in subsections (a) and (b) of this section; except that
(1) the Federal share payable for eligible emergency repairs to
minimize damage, protect facilities, or restore essential traffic
accomplished within 180 days after the actual occurrence of the
natural disaster or catastrophic failure may amount to 100 percent
of the costs thereof; and (2) the Federal share payable on account
of any repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and trails,
and Indian reservation roads may amount to 100 percent of the cost
thereof. The total cost of a project may not exceed the cost of
repair or reconstruction of a comparable facility. As used in this
section with respect to bridges and in section 144 of this title,
"a comparable facility" shall mean a facility which meets the
current geometric and construction standards required for the types
and volume of traffic which such facility will carry over its
design life.
(f) The Secretary is authorized to cooperate with the State
transportation departments and with the Department of the Interior
in the construction of Federal-aid highways within Indian
reservations and national parks and monuments under the
jurisdiction of the Department of the Interior and to pay the
amount assumed therefor from the funds apportioned in accordance
with section 104 of this title to the State wherein the
reservations and national parks and monuments are located.
(g) At the request of any State, the Secretary may from time to
time enter into agreements with such State to reimburse the State
for the Federal share of the costs of preliminary and construction
engineering at an agreed percentage of actual construction costs
for each project, in lieu of the actual engineering costs for such
project. The Secretary shall annually review each such agreement to
insure that such percentage reasonably represents the engineering
costs actually incurred by such State.
(h) Notwithstanding any other provision of this section or of
this title, the Federal share payable on account of any project
under this title in the Virgin Islands, Guam, American Samoa, or
the Commonwealth of the Northern Mariana Islands shall be 100 per
centum of the total cost of the project.
(i) Increased Non-Federal Share. - Notwithstanding any other
provision of this title and subject to such criteria as the
Secretary may establish, a State may contribute an amount in excess
of the non-Federal share of a project under this title so as to
decrease the Federal share payable on such project.
(j) Credit for Non-Federal Share. -
(1) Eligibility. -
(A) In general. - A State may use as a credit toward the non-
Federal share requirement for any funds made available to
carry out this title (other than the emergency relief program
authorized by section 125 and the Appalachian development
highway system program under section 14501 of title 40) or
chapter 53 of title 49 toll revenues that are generated and
used by public, quasi-public, and private agencies to build,
improve, or maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce.
(B) Special rule for use of federal funds. - If the public,
quasi-public, or private agency has built, improved, or
maintained the facility using Federal funds, the credit under
this paragraph shall be reduced by a percentage equal to the
percentage of the total cost of building, improving, or
maintaining the facility that was derived from Federal funds.
(C) Federal funds defined. - In this paragraph, the term
"Federal funds" does not include loans of Federal funds or
other financial assistance that must be repaid to the
Government.
(2) Maintenance of effort. -
(A) In general. - The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
State funds required to match Federal funds for any program
under this title.
(B) Condition on receipt of credit. - To receive a credit
under paragraph (1) for a fiscal year, a State shall enter into
such agreement as the Secretary may require to ensure that the
State will maintain its non-Federal transportation capital
expenditures in such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal years; except
that if, for any 1 of the preceding 3 fiscal years, the non-
Federal transportation capital expenditures of the State were
at a level that was greater than 130 percent of the average
level of such expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that the State will
maintain its non-Federal transportation capital expenditures in
the fiscal year of the credit at or above the average level of
such expenditures for the other 2 fiscal years.
(C) Transportation capital expenditures defined. - In
subparagraph (B), the term "non-Federal transportation capital
expenditures" includes any payments made by the State for
issuance of transportation-related bonds.
(3) Treatment. -
(A) Limitation on liability. - Use of a credit for a non-
Federal share under this subsection that is received from a
public, quasi-public, or private agency -
(i) shall not expose the agency to additional liability,
additional regulation, or additional administrative
oversight; and
(ii) shall not subject the agency to any additional Federal
design standards or laws (including regulations) as a result
of providing the non-Federal share other than those to which
the agency is already subject.
(B) Chartered multistate agencies. - When a credit that is
received from a chartered multistate agency is applied to a non-
Federal share under this subsection, such credit shall be
applied equally to all charter States.
(k) Use of Federal Land Management Agency Funds. -
Notwithstanding any other provision of law, the funds appropriated
to any Federal land management agency may be used to pay the non-
Federal share of the cost of any project the Federal share of
which is funded under this title or chapter 53 of title 49.
(l) Use of Federal Lands Highways Program Funds. -
Notwithstanding any other provision of law, the funds authorized to
be appropriated to carry out the Federal lands highways program
under section 204 may be used to pay the non-Federal share of the
cost of any project that is funded under this title or chapter 53
of title 49 and that provides access to or within Federal or Indian
lands.