23 U.S.C. § 133 : US Code - Section 133: Surface transportation program

Search 23 U.S.C. § 133 : US Code - Section 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)(3) for the surface transportation
program only for the following:
(1) 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.
(2) 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.
(3) 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.).
(4) Highway and transit safety infrastructure improvements and
programs, hazard eliminations, projects to mitigate hazards
caused by wildlife, and railway-highway grade crossings.
(5) Highway and transit research and development and technology
transfer programs.
(6) Capital and operating costs for traffic monitoring,
management, and control facilities and programs, including
advanced truck stop electrification systems.
(7) Surface transportation planning programs.
(8) Transportation enhancement activities.
(9) 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)).
(10) Development and establishment of management systems under
section 303.
(11) In accordance with all applicable Federal law and
regulations, participation in natural habitat and wetlands
mitigation efforts related to projects funded under this title,
which may include participation in natural habitat and wetlands
mitigation banks; contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural habitats and
wetlands; and development of statewide and regional natural
habitat and wetlands conservation and mitigation plans, including
any such banks, efforts, and plans authorized pursuant to the
Water Resources Development Act of 1990 (including crediting
provisions). Contributions to such mitigation efforts may take
place concurrent with or in advance of project construction.
Contributions toward these efforts may occur in advance of
project construction only if such efforts are consistent with all
applicable requirements of Federal law and regulations and State
transportation planning processes. 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 (November 28, 1995)) or
other applicable Federal law (including regulations).
(12) Projects relating to intersections that -
(A) have disproportionately high accident rates;
(B) have high levels of congestion, as evidenced by -
(i) interrupted traffic flow at the intersection; and
(ii) a level of service rating that is not better than "F"
during peak travel hours, calculated in accordance with the
Highway Capacity Manual issued by the Transportation Research
Board; and
(C) are located on a Federal-aid highway.
(13) Infrastructure-based intelligent transportation systems
capital improvements.
(14) Environmental restoration and pollution abatement in
accordance with section 328.
(15) Control of noxious weeds and aquatic noxious weeds and
establishment of native species in accordance with section 329.
(c) Location of Projects. - 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 January 1,
1991, and except as approved by the Secretary.
(d) Allocations of Apportioned Funds. -
[(1) Repealed. Pub. L. 109-59, title I, Sec. 1113(b)(1), Aug.
10, 2005, 119 Stat. 1172.]
(2) For transportation enhancement activities. - 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, shall only be available for transportation
enhancement activities.
(3) Division between urbanized areas of over 200,000 population
and other areas. -
(A) General rule. - Except as provided in subparagraph (C),
62.5 percent of the remaining 90 percent of the funds
apportioned to a State under section 104(b)(3) for a fiscal
year shall be obligated under this section -
(i) in urbanized areas of the State with an urbanized area
population of over 200,000, and
(ii) in other areas of the State,
in proportion to their relative share of the State's
population. The remaining 37.5 percent may be obligated in any
area of the State. Funds attributed to an urbanized area under
clause (i) may be obligated in the metropolitan area
established under section 134 which encompasses the urbanized
area.
(B) Special rule for areas of less than 5,000 population. -
Of the amounts required to be obligated under subparagraph
(A)(ii), the State shall obligate in areas of the State (other
than urban areas with a population greater than 5,000) an
amount which is not less than 110 percent of the amount of
funds apportioned to the State for the Federal-aid secondary
system for fiscal year 1991.
(C) Noncontiguous states exemption. - Subparagraph (A) shall
not apply to Hawaii and Alaska.
(D) Distribution between urbanized areas of over 200,000
population. - The amount of funds which a State is required to
obligate under subparagraph (A)(i) shall be obligated in
urbanized areas described in subparagraph (A)(i) based on the
relative population of such areas; except that the State may
obligate such funds based on other factors if the State and the
relevant metropolitan planning organizations jointly apply to
the Secretary for the permission to do so and the Secretary
grants the request.
(4) Applicability of planning requirements. - Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of this
title.
(5) Applicability of certain requirements to third party
sellers. -
(A) In general. - Except as provided in subparagraphs (B) and
(C), in the case of a transportation enhancement activity
funded from the allocation required under paragraph (2), if
real property or an interest in real property is to be acquired
from a qualified organization exclusively for conservation
purposes (as determined under section 170(h) of the Internal
Revenue Code of 1986), the organization shall be considered to
be the owner of the property for the purpose of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.).
(B) Federal approval prior to involvement of qualified
organization. - If Federal approval of the acquisition of the
real property or interest predates the involvement of a
qualified organization described in subparagraph (A) in the
acquisition of the property, the organization shall be
considered to be an acquiring agency or person as described in
section 24.101(a)(2) of title 49, Code of Federal Regulations,
for the purpose of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(C) Acquisitions on behalf of recipients of federal funds. -
If a qualified organization described in subparagraph (A) has
contracted with a State transportation department or other
recipient of Federal funds to acquire the real property or
interest on behalf of the recipient, the organization shall be
considered to be an agent of the recipient for the purpose of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
(e) Administration. -
(1) Noncompliance. - If the Secretary determines that a State
or local government has failed to comply substantially with any
provision of this section, the Secretary shall notify the State
that, if the State fails to take corrective action within 60 days
from the date of receipt of the notification, the Secretary will
withhold future apportionments under section 104(b)(3) until the
Secretary is satisfied that appropriate corrective action has
been taken.
(2) Program approval. -
(A) Submission of project agreement. - For each fiscal year,
each State shall submit a project agreement that -
(i) certifies that the State will meet all the requirements
of this section; and
(ii) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
(B) Request for adjustments of amounts. - Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in subparagraph (A)(ii) as the State
determines to be necessary.
(C) Effect of approval by the secretary. - Approval by the
Secretary of a project agreement under subparagraph (A) shall
be deemed a contractual obligation of the United States to pay
surface transportation program funds made available under this
title.
(3) Payments. -
(A) In general. - Except as provided in subparagraph (B), the
Secretary shall make payments to a State of costs incurred by
the State for the surface transportation program in accordance
with procedures to be established by the Secretary.
(B) Advance payment option for transportation enhancement
activities. -
(i) In general. - The Secretary may advance funds to the
State for transportation enhancement activities funded from
the allocation required by subsection (d)(2) for a fiscal
year.
(ii) Limitation on amounts. - Amounts advanced under this
subparagraph shall be limited to such amounts as are
necessary to make prompt payments for project costs.
(iii) Effect on other requirements. - This subparagraph
shall not exempt a State from other requirements of this
title relating to the surface transportation program.
(4) Population determinations. - The Secretary shall use
estimates prepared by the Secretary of Commerce when determining
population figures for purposes of this section.
(5) Transportation enhancement activities. -
(A) Categorical exclusions. - To the extent appropriate, the
Secretary shall develop categorical exclusions from the
requirement that an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) be
prepared for transportation enhancement activities funded from
the allocation required by subsection (d)(2).
(B) Nationwide programmatic agreement. - The Secretary, in
consultation with the National Conference of State Historic
Preservation Officers and the Advisory Council on Historic
Preservation established under title II of the National
Historic Preservation Act (16 U.S.C. 470i et seq.), shall
develop a nationwide programmatic agreement governing the
review of transportation enhancement activities funded from the
allocation required by subsection (d)(2), in accordance with -
(i) section 106 of such Act (16 U.S.C. 470f); and
(ii) the regulations of the Advisory Council on Historic
Preservation.
(C) Cost sharing. -
(i) Required aggregate non-federal share. - The average
annual non-Federal share of the total cost of all projects to
carry out transportation enhancement activities in a State
for a fiscal year shall be not less than the non-Federal
share authorized for the State under section 120(b).
(ii) Innovative financing. - Subject to clause (i),
notwithstanding section 120 -
(I) funds from other Federal agencies and the value of
other contributions (as determined by the Secretary) may be
credited toward the non-Federal share of the costs of a
project to carry out a transportation enhancement activity;
(II) the non-Federal share for such a project may be
calculated on a project, multiple-project, or program
basis; and
(III) the Federal share of the cost of an individual
project to which subclause (I) or (II) applies may be up to
100 percent.
(f) Obligation Authority. -
(1) In general. - A State that is required to obligate in an
urbanized area with an urbanized area population of over 200,000
individuals under subsection (d) funds apportioned to the State
under section 104(b)(3) shall make available during the period of
fiscal years 2004 through 2006 and the period of fiscal years
2007 through 2009 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).