23 U.S.C. § 125 : US Code - Section 125: Emergency relief

Search 23 U.S.C. § 125 : US Code - Section 125: Emergency relief

(a) General Eligibility. - Subject to this section and section
120, an emergency fund is authorized for expenditure by the
Secretary for the repair or reconstruction of highways, roads, and
trails, in any part of the United States, including Indian
reservations, that the Secretary finds have suffered serious damage
as a result of -
(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility. - In no event shall funds be used
pursuant to this section for the repair or reconstruction of
bridges that have been permanently closed to all vehicular traffic
by the State or responsible local official because of imminent
danger of collapse due to a structural deficiency or physical
deterioration.
(c) Funding. - Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other
than the Mass Transit Account) such sums as may be necessary to
establish the fund authorized by this section and to replenish it
on an annual basis:
(1) Not more than $100,000,000 is authorized to be obligated in
any 1 fiscal year commencing after September 30, 1980, to carry
out the provisions of this section; except that, if in any fiscal
year the total of all obligations under this section is less than
the amount authorized to be obligated in such fiscal year, the
unobligated balance of such amount shall remain available until
expended and shall be in addition to amounts otherwise available
to carry out this section each year.
(2) Pending such appropriation or replenishment, the Secretary
may obligate from any funds heretofore or hereafter appropriated
for obligation in accordance with this title, including existing
Federal-aid appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized. Funds
obligated under this paragraph shall be reimbursed from such
appropriation or replenishment.
(d) The Secretary may expend funds from the emergency fund herein
authorized for the repair or reconstruction of highways on Federal-
aid highways in accordance with the provisions of this chapter:
Provided, That (1) obligations for projects under this section,
including those on highways, roads, and trails mentioned in
subsection (e) of this section, resulting from a single natural
disaster or a single catastrophic failure in a State shall not
exceed $100,000,000, and (2) the total obligations for projects
under this section in any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands shall not exceed $20,000,000. Notwithstanding any provision
of this chapter actual and necessary costs of maintenance and
operation of ferryboats providing temporary substitute highway
traffic service, less the amount of fares charged, may be expended
from the emergency fund herein authorized on Federal-aid highways.
Except as to highways, roads, and trails mentioned in subsection
(e) of this section, no funds shall be so expended unless the
Secretary has received an application therefor from the State
transportation department, and unless an emergency has been
declared by the Governor of the State and concurred in by the
Secretary, except that if the President has declared such emergency
to be a major disaster for the purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) concurrence of the Secretary is not required.
(e) The Secretary may expend funds from the emergency fund herein
authorized, either independently or in cooperation with any other
branch of the Government, State agency, organization, or person,
for the 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, whether or not such highways, roads,
or trails are Federal-aid highways.
(f) Treatment of Territories. - For purposes of this section, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered to be States and parts
of the United States, and the chief executive officer of each such
territory shall be considered to be a Governor of a State.