§ 101. Definitions and declaration of policy

Pub. L. 112–30, title I, § 101, Sept. 16, 2011, 125 Stat. 343, provided that: “This title [amending sections 405 and 410 of this title, sections 460l–11 and 777c of Title 16, Conservation, sections 4041, 4051, 4071, 4081, 4221, 4481 to 4483, 6412, 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as notes under section 460l–11 of Title 16 and section 9503 of Title 26, and amending provisions set out as notes under sections 402, 403, and 405 of this title and sections 5309, 5310, 5338, 14710, 31100, and 31301 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2011, Part II’.”

Pub. L. 112–5, § 1(a), Mar. 4, 2011, 125 Stat. 14, provided that: “This Act [amending section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31309, 31100, 31301, and 31100 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2011’.”

Short Title of 2010 Amendment

Pub. L. 111–322, title II, § 2001(a), Dec. 22, 2010, 124 Stat. 3522, provided that: “This title [amending sections 327 and 510 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31100, 31301, and 31309 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2010, Part II’.”

Pub. L. 111–147, title IV, § 401, Mar. 18, 2010, 124 Stat. 78, provided that: “This title [amending sections 405 and 410 of this title, section 777c of Title 16, Conservation, sections 9502 to 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as notes under this section and sections 9502 and 9503 of Title 26, and amending provisions set out as notes under sections 402, 403, and 405 of this title, section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31100, 31301, and 31309 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2010’.”

Short Title of 2008 Amendment

Pub. L. 110–244, § 1(a), June 6, 2008, 122 Stat. 1572, provided that: “This Act [see Tables for classification] may be cited as the ‘SAFETEA–LU Technical Corrections Act of 2008’.”

Short Title of 2005 Amendment

Pub. L. 109–59, § 1(a), Aug. 10, 2005, 119 Stat. 1144, provided that: “This Act [see Tables for classification] may be cited as the ‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users’ or ‘SAFETEA–LU’.”

Pub. L. 109–42, § 1, July 30, 2005, 119 Stat. 435, provided that: “This Act [amending section 9503 and 9504 of Title 26, Internal Revenue Code, and section 5338 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as a note under section 104 of this title] may be cited as the ‘Surface Transportation Extension Act of 2005, Part VI’.”

Pub. L. 109–40, § 1, July 28, 2005, 119 Stat. 410, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part V’.”

Pub. L. 109–37, § 1, July 22, 2005, 119 Stat. 394, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part IV’.”

Pub. L. 109–35, § 1, July 20, 2005, 119 Stat. 379, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part III’.”

Pub. L. 109–20, § 1, July 1, 2005, 119 Stat. 346, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part II’.”

Pub. L. 109–14, § 1, May 31, 2005, 119 Stat. 324, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 4481 to 4483, 9503, and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section and section 4481 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005’.”

Short Title of 2004 Amendment

Pub. L. 108–310, § 1, Sept. 30, 2004, 118 Stat. 1144, provided that: “This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, section 901 of Title 2, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under section 9503 of Title 26] may be cited as the ‘Surface Transportation Extension Act of 2004, Part V’.”

Pub. L. 108–280, § 1, July 30, 2004, 118 Stat. 876, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under section 9503 of Title 26, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under section 5337 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004, Part IV’.”

Pub. L. 108–263, § 1, June 30, 2004, 118 Stat. 698, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004, Part III’.”

Pub. L. 108–224, § 1, Apr. 30, 2004, 118 Stat. 627, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004, Part II’.”

Pub. L. 108–202, § 1, Feb. 29, 2004, 118 Stat. 478, provided that: “This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004’.”

Short Title of 2003 Amendment

Pub. L. 108–88, § 1, Sept. 30, 2003, 117 Stat. 1110, provided that: “This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5337, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, and amending provisions set out as notes under this section, sections 322 and 402 of this title, section 901 of Title 2, and sections 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2003’.”

Short Title of 1998 Amendment

Pub. L. 105–206, title IX, § 9001, July 22, 1998, 112 Stat. 834, provided that: “This title [see Tables for classification] may be cited as the ‘TEA 21 Restoration Act’.”

Pub. L. 105–178, § 1(a), June 9, 1998, 112 Stat. 107, provided that: “This Act [see Tables for classification] may be cited as the ‘Transportation Equity Act for the 21st Century’.”

Pub. L. 105–178, title I, § 1501, June 9, 1998, 112 Stat. 241, provided that: “This chapter [chapter 1 (§§ 1501–1504) of subtitle E of title I of Pub. L. 105–178, enacting subchapter II of this chapter, amending section 301 of Title 49, Transportation, and enacting provisions set out as a note under section 181 of this title] may be cited as the ‘Transportation Infrastructure Finance and Innovation Act of 1998’.”

Short Title of 1997 Amendment

Pub. L. 105–130, § 1, Dec. 1, 1997, 111 Stat. 2552, provided that: “This Act [amending sections 104, 321, 326, and 410 of this title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title 49, Transportation, enacting provisions set out as notes under section 104 of this title and section 9503 of Title 26, and amending provisions set out as notes under this section and section 307 of this title] may be cited as the ‘Surface Transportation Extension Act of 1997’.”

Short Title of 1995 Amendment

Pub. L. 104–59, § 1(a), Nov. 28, 1995, 109 Stat. 568, provided that: “This Act [enacting section 161 of this title, amending this section, sections 103, 104, 106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131, 133, 134, 141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409, and 410 of this title, sections 1261 and 1262 of Title 16, Conservation, sections 7506 and 12186 of Title 42, The Public Health and Welfare, and sections 5316, 5331, 20140, 30308, 31112, 31136, 31306, and 45102 of Title 49, Transportation, repealing section 154 of this title, enacting provisions set out as notes preceding section 101 of this title and under this section, sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of this title, section 403 of Title 16, section 7511a of Title 42, and section 31136 of Title 49, amending provisions set out as notes under this section and sections 104, 109, 127, 149, and 307 of this title, and repealing provisions set out as notes preceding section 101 of this title and under section 112 of this title] may be cited as the ‘National Highway System Designation Act of 1995’.”

Short Title of 1987 Amendment

Pub. L. 100–17, § 1(a), Apr. 2, 1987, 101 Stat. 132, provided that: “This Act [enacting sections 151, 156, and 409 of this title, section 508 of Title 33, Navigation and Navigable Waters, section 4604 of Title 42, The Public Health and Welfare, and sections 1607a–2, 1619, 1620, and 1621 of former Title 49, Transportation, amending this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, 402, and 408 of this title, section 460l–11 of Title 16, Conservation, section 1761 of Title 18, Crimes and Criminal Procedure, sections 4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156, 6412, 6420, 6421, 6427, and 9503 of Title 26, Internal Revenue Code, sections 494 and 1414 of Title 33, sections 4601, 4621, 4622, 4623, 4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of Title 42, sections 303 and 10922 of Title 49, and sections 1602, 1603, 1604, 1607, 1607a, 1607a–1, 1607c, 1608, 1612, 1613, 1614, 1617, 1655, 2311, 2314, and 2716 of former Title 49, repealing sections 211, 213, 219, and 322 of this title, sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d of Title 33, and sections 4634 and 4637 of Title 42, enacting provisions set out as notes under this section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202, 307, 401, and 402 of this title, sections 1, 4052, and 4481 of Title 26, section 4601 of Title 42, section 10922 of Title 49, and sections 1601, 1602, 1608, and 2204 of former Title 49, amending provisions set out as notes under this section and sections 103, 104, 130, 141, 144, 146, and 401 of this title, and repealing provisions set out as notes under sections 114, 130, and 217 of this title and section 526a of Title 33] may be cited as the ‘Surface Transportation and Uniform Relocation Assistance Act of 1987’.”

Pub. L. 100–17, title I, § 101, Apr. 2, 1987, 101 Stat. 134, provided that: “This title [enacting sections 151, 156, and 409 of this title and section 508 of Title 33, Navigation and Navigable Waters, amending this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, and 402 of this title, section 1761 of Title 18, Crimes and Criminal Procedure, sections 494 and 1414 of Title 33, section 303 of Title 49, Transportation, and sections 1655, 2311, and 2716 of former Title 49, repealing sections 211, 213, 219, and 322 of this title and sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d of Title 33, enacting provisions set out as notes under this section and sections 103, 104, 116, 120, 125, 127, 130, 144, 202, 307, and 402 of this title, amending provisions set out as notes under this section and sections 103, 104, 130, 141, 144, and 146 of this title, and repealing provisions set out as notes under sections 114, 130, and 217 of this title and section 526a of Title 33] may be cited as the ‘Federal-Aid Highway Act of 1987’.”

Short Title of 1983 Amendment

Pub. L. 97–424, § 1, Jan. 6, 1983, 96 Stat. 2097, provided: “That this Act [enacting section 157 of this title, sections 4051 to 4053 and 9503 of Title 26, Internal Revenue Code, and sections 1601c, 1607a, 1607a–1, 1617, 1618, and 2301 to 2315 of former Title 49, Transportation, amending section 713c–3 of Title 15, Commerce and Trade, sections 460l–11 and 1606a of Title 16, Conservation, sections 101, 101 notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note, 401 note, and 402 of this title, sections 39, 44E, 46, 48, 103, 165 note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454, 4041, 4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482, 4483, 6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427, 6504, 6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26, section 1414 of Title 33, Navigation and Navigable Waters, sections 602 and 1382a of Title 42, The Public Health and Welfare, sections 1474, 1475, and 1479 of former Title 46, Shipping, section 1273 of Title 46, Appendix, sections 10927 note, 11909 and 11914 of Title 49, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614, 2204, 2205, 2206 of former Title 49, repealing sections 101 notes, 104 note, and 206 to 209 of this title, sections 120 note, 4091 to 4094, and 6424 of Title 26, and sections 1602 note, 1604a, 1617, and 1618 of former Title 49, and enacting provisions set out as notes under this section, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, 146, 154, 307, 401, and 408 of this title, section 713c–3 of Title 15, sections 1, 39, 46, 165, 274, 3304, 4041, 4051, 4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title 26, section 602 of Title 42, and sections 1601, 1612, and 2315 of former Title 49] may be cited as the ‘Surface Transportation Assistance Act of 1982’.”

Pub. L. 97–424, title I, § 101, Jan. 6, 1983, 96 Stat. 2097, provided that: “This title [enacting section 157 of this title, amending this section and sections 103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127, 137, 139, 140, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214, 217, 218, and 307 of this title, repealing sections 101 notes, 104 note, and 206 to 209 of this title, and enacting provisions set out as notes under this section, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, and 146 of this title, and section 2315 of former Title 49, Transportation] may be cited as the ‘Highway Improvement Act of 1982’.”

Pub. L. 97–327, § 1, Oct. 15, 1982, 96 Stat. 1611, provided: “That this Act [amending section 144 of this title, provisions set out as notes under this section and section 130 of this title, and enacting provisions set out as notes under section 104 of this title] may be cited as the ‘Federal-Aid Highway Act of 1982’.”

Short Title of 1981 Amendment

Pub. L. 97–134, § 13, Dec. 29, 1981, 95 Stat. 1703, provided that: “This Act [amending sections 104, 119, and 139 of this title and enacting provisions set out as notes under this section and section 104 of this title] may be cited as the ‘Federal-Aid Highway Act of 1981’.”

Short Title of 1978 Amendment

Pub. L. 95–599, § 1, Nov. 6, 1978, 92 Stat. 2689, provided: “That this Act [enacting sections 119, 146, and 407 of this title, and sections 1602–1, 1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49, Transportation, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title, section 1418 of Title 15, Commerce and Trade, section 460l–11 of Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and 7610 of Title 26, Internal Revenue Code, section 201 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of former Title 49, repealing section 153 of this title and sections 1607, 1607a, and 1614 of former Title 49, and enacting provisions set out as notes under this section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217, 307, 320, 401, 402, and 403 of this title, section 6427 of Title 26, section 201 of former Title 40, Appendix, section 5904 of Title 42, The Public Health and Welfare, section 883 of Title 46, Appendix, Shipping, and sections 1601, 1602, 1604, 1605, 1612, and 1653 of former Title 49] may be cited as the ‘Surface Transportation Assistance Act of 1978’.”

Pub. L. 95–599, title I, § 101, Nov. 6, 1978, 92 Stat. 2689, provided that: “This title [enacting sections 119 and 146 of this title, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217, 219, 320, and 406 of this title, and section 201 of former Title 40, Appendix, Public Buildings, Property and Works, repealing section 153 of this title and provisions set out as notes under this section and section 1605 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 217, 307, and 320 of this title, section 201 of former Title 40, Appendix, section 5904 of Title 42, section 883 of Title 46, Appendix, Shipping, and section 1653 of former Title 49, Transportation] may be cited as the ‘Federal-Aid Highway Act of 1978’.”

Pub. L. 95–599, title V, § 501, Nov. 6, 1978, 92 Stat. 2756, provided that: “This title [amending section 4601–11 of Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, and 7605 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 120 and 307 of this title and section 6427 of Title 26] may be cited as the ‘Highway Revenue Act of 1978’.”

Short Title of 1976 Amendment

Pub. L. 94–280, title I, § 101, May 5, 1976, 90 Stat. 425, provided that: “This title [enacting section 156 of this title, amending this section and sections 103, 104, 106, 108, 117, 118, 121, 125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202, 203, 217, 219, 319, and 320 of this title, repealing sections 146 and 405 of this title, enacting provisions set out as notes under this section, sections 103, 104, 124, 134, 135, 215, 218, 319, and 320 of this title, and section 1605 of former Title 49, Transportation, and amending provisions set out as notes under this section, sections 120, 130, and 142 of this title, and section 1605 of former Title 49] may be cited as the ‘Federal-Aid Highway Act of 1976’.”

Short Title of 1974 Amendment

Pub. L. 93–643, § 1, Jan. 4, 1975, 88 Stat. 2281, provided: “That this Act [enacting sections 141, 154, 155, 219, and 406, amending this section and sections 103, 115, 127, 129, 131, 136, 144, 208, 320, 322, 323, and 405, enacting provisions set out as notes under this section, sections 142, 217, and 320, amending provisions set out as notes under this section and sections 130 and 142, and repealing provisions set out as a note under this section] may be cited as the ‘Federal-Aid Highway Amendments of 1974’.”

Short Title of 1973 Amendment

Pub. L. 93–87, title I, § 101, Aug. 13, 1973, 87 Stat. 250, provided that: “This title [enacting sections 145 to 150, 217, 218, 323, and 324 of this title and section 1602a of former Title 49, Transportation, amending this section and sections 103 to 105, 108, 109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303, 307 to 310, 312, 314, and 320 of this title, and enacting provisions set out as notes under this section, sections 103, 104, 120, 130, 142, 218, 307, 319, and 320 of this title, and sections 1608 and 1637 of former Title 49] may be cited as the ‘Federal-Aid Highway Act of 1973’.”

Short Title of 1970 Amendment

Pub. L. 91–605, title I, § 101, Dec. 31, 1970, 84 Stat. 1713, provided that: “This title [enacting sections 142, 143, 215, 216, 321, and 510 of this title, amending this section and sections 103, 104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139, 140, 303, 307, 320, 506, 511, 512 of this title and section 517 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under this section and sections 104, 120, 129, 131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be cited as the ‘Federal-Aid Highway Act of 1970’.”

Short Title of 1968 Amendment

Pub. L. 90–495, § 1, Aug. 23, 1968, 82 Stat. 815, provided that: “This Act [enacting sections 135, 139, 140, and 141 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402, and 501 to 512 of this title, section 636 of Title 15, Commerce and Trade, section 1653 of former Title 49, Transportation, and provisions set out as a note under this section, repealing section 133 of this title and enacting provisions formerly set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] may be cited as the ‘Federal-Aid Highway Act of 1968’.”

Short Title of 1966 Amendment

Pub. L. 89–574, § 1, Sept. 13, 1966, 80 Stat. 766, provided that: “This Act [enacting sections 120 and 138 of this title, amending this section and sections 104, 109, 118, 120, 125, 131, 136, 302, and 319 of this title, and enacting provisions set out as notes under this section and sections 106, 108, 125, 133, and 137 of this title] may be cited as the ‘Federal-Aid Highway Act of 1966’.”

Short Title of 1965 Amendment

Pub. L. 89–285, § 403, Oct. 22, 1965, 79 Stat. 1033, provided that: “This Act [enacting sections 136 of this title and provisions set out as notes under sections 131 and 135 of this title and amending sections 131 and 319 of this title] may be cited as the ‘Highway Beautification Act of 1965’.”

Short Title of 1964 Amendment

Pub. L. 88–423, § 1, Aug. 13, 1964, 78 Stat. 397, provided that: “This Act [amending this section and sections 104, 205, 209, and 320 of this title] may be cited as the ‘Federal-Aid Highway Act of 1964’.”

Short Title of 1963 Amendment

Pub. L. 88–157, § 1, Oct. 24, 1963, 77 Stat. 276, provided: “That this Act [amending sections 104, 106, 109, 121, 131, and 307 of this title] may be cited as the ‘Federal-Aid Highway Amendments Act of 1963’.”

Short Title of 1962 Amendment

Pub. L. 87–866, § 1, Oct. 23, 1962, 76 Stat. 1145, provided that: “This Act [enacting sections 133, 134 and 214 of this title, amending this section and sections 103, 104, 203, and 307 of this title, and enacting provisions set out as a note under section 307 of this title] may be cited as the ‘Federal-Aid Highway Act of 1962’.”

Short Title of 1961 Amendment

Pub. L. 87–61, title I, § 101, June 29, 1961, 75 Stat. 122, provided that: “This Act [enacting section 6156 of Title 26, Internal Revenue Code, amending sections 111, 131 and 210 of this title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481, 4482, 6412, 6416, 6421, and 6601 of Title 26, enacting provisions set out as notes under this section and section 104 of this title and under section 4041 of Title 26, and amending provisions set out as notes under this section and section 120 of this title] may be cited as the ‘Federal-Aid Highway Act of 1961’.”

Short Title of 1960 Amendment

Pub. L. 86–657, § 1, July 14, 1960, 74 Stat. 522, provided that: “This Act [enacting section 132 of this title and amending sections 104, 114, 120, 129, 203, 205, 210, and 305 of this title] may be cited as the ‘Federal Highway Act of 1960’.”

Short Title of 1959 Amendment

Pub. L. 86–342, title I, § 101, Sept. 21, 1959, 73 Stat. 611, provided that: “This Act [amending sections 125, 131, 137, and 320 of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and 6421 of Title 26, Internal Revenue Code, enacting notes set out under section 307 of this title and section 4082 of Title 26, and amending notes set out under this section and sections 104 and 120 of this title] may be cited as the ‘Federal-Aid Highway Act of 1959’.”

Separability

Pub. L. 90–495, § 36, Aug. 23, 1968, 82 Stat. 836, provided that: “If any provision of this Act (including the amendments made by this Act) [enacting sections 135, 139, 140, 141, and 501–511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15, Commerce and Trade, section 1653 of former Title 49, Transportation, and provisions set out as a note under this section, repealing section 133 of this title, and enacting provisions set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected thereby.”

Transfer of Functions

Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety transferred to and vested in Secretary of Transportation by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 102 of Title 49, Transportation, and Pub. L. 97–449, § 2, Jan. 12, 1983, 96 Stat. 2439.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Reconnecting Communities Pilot Program

Pub. L. 117–58, div. A, title I, § 11509, Nov. 15, 2021, 135 Stat. 588, provided that: “(a) Definition of Eligible Facility.—“(1) In general.—In this section, the term ‘eligible facility’ means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. “(2) Inclusions.—In this section, the term ‘eligible facility’ may include—“(A) a limited access highway; “(B) a viaduct; and “(C) any other principal arterial facility. “(b) Establishment.—The Secretary [of Transportation] shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity—“(1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; “(2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and “(3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. “(c) Planning Grants.—“(1) Eligible entities.—The Secretary may award a grant (referred to in this section as a ‘planning grant’) to carry out planning activities described in paragraph (2) to—“(A) a State; “(B) a unit of local government; “(C) a Tribal government; “(D) a metropolitan planning organization; and “(E) a nonprofit organization. “(2) Eligible activities described.—The planning activities referred to in paragraph (1) are—“(A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of—“(i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; “(ii) the capacity of existing transportation networks to maintain mobility needs; “(iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; “(iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; “(v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; “(vi) the cost to remove, retrofit, or mitigate the eligible facility— “(I) to restore community connectivity; and “(II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; “(vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and “(viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; “(B) public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and “(C) other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. “(3) Technical assistance program.—“(A) In general.—The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. “(B) Technical assistance described.—The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity—“(i) to engage in transportation planning; and “(ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities that— “(I) are bifurcated by eligible facilities; or “(II) lack safe, reliable, and affordable transportation choices. “(C) Priorities.—In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. “(4) Selection.—The Secretary shall—“(A) solicit applications for—“(i) planning grants; and “(ii) technical assistance under paragraph (3); and “(B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that—“(i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; “(ii) the eligible facility— “(I) creates barriers to mobility, access, or economic development; or “(II) is not justified by current and forecast future travel demand; and “(iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. “(5) Award amounts.—A planning grant may not exceed $2,000,000 per recipient. “(6) Federal share.—The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. “(d) Capital Construction Grants.—“(1) Eligible entities.—The Secretary may award a grant (referred to in this section as a ‘capital construction grant’) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. “(2) Partnerships.—An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with—“(A) a State; “(B) a unit of local government; “(C) a Tribal government; “(D) a metropolitan planning organization; or “(E) a nonprofit organization. “(3) Eligible projects.—A project eligible to be carried out with a capital construction grant includes—“(A) the removal, retrofit, or mitigation of an eligible facility; and “(B) the replacement of an eligible facility with a new facility that—“(i) restores community connectivity; and “(ii) is— “(I) sensitive to the context of the surrounding community; and “(II) otherwise eligible for funding under title 23, United States Code. “(4) Selection.—The Secretary shall—“(A) solicit applications for capital construction grants; and “(B) evaluate applications on the basis of—“(i) the degree to which the project will improve mobility and access through the removal of barriers; “(ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; “(iii) the impact of the project on freight movement; “(iv) the results of a cost-benefit analysis of the project; “(v) the opportunities for inclusive economic development; “(vi) the degree to which the eligible facility is out of context with the current or planned land use; “(vii) the results of any feasibility study completed for the project; and “(viii) the plan of the applicant for— “(I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and “(II) contracting and subcontracting with disadvantaged business enterprises. “(5) Minimum award amounts.—A capital construction grant shall be in an amount not less than $5,000,000 per recipient. “(6) Federal share.—“(A) In general.—Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. “(B) Maximum federal involvement.—Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. “(7) Community advisory board.—“(A) In general.—To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall—“(i) facilitate community engagement with respect to the project; and “(ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. “(B) Membership.—If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of—“(i) the community; “(ii) owners of businesses that serve the community; “(iii) labor organizations that represent workers that serve the community; and “(iv) State and local government. “(e) Reports.—“(1) USDOT report on program.—Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including—“(A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and “(B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including—“(i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and “(ii) environmental impacts and economic development opportunities in the project area. “(2) GAO report on highway removals.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Comptroller General of the United States shall issue a report that—“(A) identifies examples of projects to remove highways using Federal highway funds; “(B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; “(C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; “(D) analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and “(E) provides recommendations for integrating those assessments into transportation planning and decision-making processes. “(f) Technical Assistance.—Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). “(g) Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.”

Cybersecurity Tool; Cyber Coordinator

Pub. L. 117–58, div. A, title I, § 11510, Nov. 15, 2021, 135 Stat. 592, provided that: “(a) Definitions.—In this section:“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Highway Administration. “(2) Cyber incident.—The term ‘cyber incident’ has the meaning given the term ‘incident’ in section 3552 of title 44, United States Code. “(3) Transportation authority.—The term ‘transportation authority’ means—“(A) a public authority (as defined in section 101(a) of title 23, United States Code); “(B) an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); “(C) a manufacturer that manufactures a product related to transportation; and “(D) a division office of the Federal Highway Administration. “(b) Cybersecurity Tool.—“(1) In general.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. “(2) Requirements.—In developing the tool under paragraph (1), the Administrator shall—“(A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity) [6 U.S.C. 121 note]; “(B) establish a structured cybersecurity assessment and development program; “(C) coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; “(D) consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and “(E) provide for a period of public comment and review on the tool. “(c) Designation of Cyber Coordinator.—“(1) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a ‘cyber coordinator’, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. “(2) Requirements.—The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency—“(A) provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents; “(B) share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; “(C) monitor cyber incidents that affect transportation authorities; “(D) alert transportation authorities to cyber incidents that affect those transportation authorities; “(E) investigate unaddressed cyber incidents that affect transportation authorities; and “(F) provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems.”

Federal Employee Compensation Following Highway Trust Fund Expiration

Pub. L. 117–44, title I, § 108, Oct. 2, 2021, 135 Stat. 386, as amended by Pub. L. 117–52, § 3, Oct. 31, 2021, 135 Stat. 409, provided that: “(a) In General.—Each employee of the United States Government furloughed as a result of a covered lapse in Highway Trust Fund expenditure authority shall be paid for the period of the covered lapse, and each excepted employee who is required to perform work during a covered lapse shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the covered lapse ends, regardless of scheduled pay dates, and subject to availability of funds. “(b) Covered Lapse.—In this section, the term ‘covered lapse in Highway Trust Fund expenditure authority’ means any lapse in authority to make expenditures from the Highway Trust Fund that begins on—“(1) October 1, 2021, and ends on or before the date of enactment of this Act [Oct. 2, 2021]; or “(2) November 1, 2021, and ends on or before the date of enactment of the Further Surface Transportation Extension Act of 2021 [Oct. 31, 2021].”

Extension of Federal Surface Transportation Programs

Pub. L. 117–44, § 2, title I, § 101, Oct. 2, 2021, 135 Stat. 382, 383, as amended by Pub. L. 117–52, § 2, Oct. 31, 2021, 135 Stat. 409, provided that: “SEC. 2. DEFINITIONS.“In this Act [see Short Title of 2021 Amendment note set out above]:“(1) Covered law.—The term ‘covered law’ means any of the following:“(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94; 129 Stat. 1312) [see Tables for classification]. “(B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141; 126 Stat. 405) [see Tables for classification]. “(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244; 122 Stat. 1572) [see Tables for classification]. “(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) [see Tables for classification]. “(E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) [see Tables for classification]. “(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59; 109 Stat. 568) [see Tables for classification]. “(G) Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 1914) [see Tables for classification]. “(H) Title 23, United States Code. “(I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. “(J) Division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159; 134 Stat. 725) [see Tables for classification]. “(2) Extension end date.—The term ‘extension end date’ means December 3, 2021. “(3) Extension fraction.—The term ‘extension fraction’ means the quotient, expressed as a fraction, obtained by dividing—“(A) the number of days in the extension period; by “(B) 365. “(4) Extension period.—The term ‘extension period’ means the period that begins on October 1, 2021, and ends on the extension end date. “(5) Highway account.—The term ‘Highway Account’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. “(6) Mass transit account.—The term ‘Mass Transit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986. “(7) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(8) State.—The term ‘State’ means the 50 States and the District of Columbia. “SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.“(a) In General.—Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021, are incorporated by reference and shall continue in effect through the extension end date. “(b) Authorization of Appropriations.—“(1) Highway trust fund.—“(A) Highway account.—There is authorized to be appropriated from the Highway Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. “(B) Mass transit account.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. “(2) General fund.—There is authorized to be appropriated for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the extension fraction of the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021. “(c) Use of Funds.—“(1) In general.—Except as described in paragraph (2), amounts authorized to be appropriated for fiscal year 2022 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws. “(2) Apportionment to states.—“(A) In general.—Notwithstanding subsections (c)(2) or (e)(1) of section 104 of title 23, United States Code, the Secretary—“(i) shall not apportion on October 1, 2021, amounts authorized to be appropriated for fiscal year 2022 under subsection (b)(1)(A) with a respect to a program described in subparagraph (B); and “(ii) shall not apportion such amounts before October 15, 2021. “(B) Programs described.—A program referred to in subparagraph (A)(i) is a program—“(i) for which amounts are authorized to be appropriated under subsection (b)(1)(A); and “(ii) under which amounts described in clause (i) will be apportioned to States as described in section 104 of title 23, United States Code. “(C) Notice to states.—Section 104(e)(2) of title 23, United States Code, shall not apply for fiscal year 2022. “(d) Obligation Limitation.—“(1) In general.—Subject to paragraph (2), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2022 in an amount equal to the extension fraction of the limitation on obligations for the program for fiscal year 2021 and in the same manner as the limitation applicable with respect to the program for fiscal year 2021. “(2) Federal-aid highways.—“(A) In general.—In distributing a limitation on obligations for Federal-aid highways for qualifying programs, the Secretary—“(i) shall reserve, for qualifying programs, an amount of the limitation on obligations for Federal-aid highways equal to the amount calculated for the extension period for qualifying programs in effect on the date of enactment of this Act [Oct. 2, 2021]; and “(ii) if H.R. 3684 (117th Congress) is enacted, may distribute the amount determined under clause (i) among qualifying programs (including any qualifying programs established pursuant to such H.R. 3684) in a manner determined to be appropriate by the Secretary. “(B) Calculation.—Notwithstanding the enactment of H.R. 3684 (117th Congress), the Secretary shall calculate the amount under subparagraph (A)(i) in the manner described in section 120(a)(4) of division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [23 U.S.C. 104 note]. “(C) Definition of qualifying program.—In this paragraph, the term ‘qualifying program’ means a program for Federal-aid highways that is—“(i) allocated by the Secretary under— “(I) title 23, United States Code; “(II) subsection (c)(1); or “(III) H.R. 3684 (117th Congress), if enacted; or “(ii) apportioned by the Secretary under section 202 or 204 of title 23, United States Code.”

Pub. L. 116–159, div. B, title I, § 1101, Oct. 1, 2020, 134 Stat. 725, provided that: “(a) In General.—Except as otherwise provided in this division [amending sections 117 and 403 of this title, sections 9502 to 9504 and 9508 of Title 26, Internal Revenue Code, sections 14703 and 14704 of Title 40, Public Buildings, Property, and Works, former section 822 of Title 45, Railroads, and section 24321 of Title 49, Transportation], the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021. “(b) Authorization of Appropriations.—“(1) Highway trust fund.—“(A) Highway account.—There is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. “(B) Mass transit account.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. “(2) General fund.—There is authorized to be appropriated for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2020. “(c) Use of Funds.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws. “(d) Obligation Limitation.—A program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. “(e) Definitions.—In this section:“(1) Covered laws.—The term ‘covered laws’ means the following:“(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94) [see Tables for classification]. “(B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141) [see Tables for classification]. “(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244) [see Tables for classification]. “(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59) [see Tables for classification]. “(E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178) [see Tables for classification]. “(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59) [see Tables for classification]. “(G) Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240) [see Tables for classification]. “(H) Title 23, United States Code. “(I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. “(2) Highway account.—The term ‘Highway Account’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. “(3) Mass transit account.—The term ‘Mass Transit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(e)(1)].”

Flexibility for Projects

Pub. L. 114–94, div. A, title I, § 1420, Dec. 4, 2015, 129 Stat. 1423, as amended by Pub. L. 117–58, div. A, title I, § 11306, Nov. 15, 2021, 135 Stat. 532, provided that: “(a) Authority.—With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b), on request by a State, and if in the public interest (as determined by the Secretary [of Transportation]), the Secretary shall exercise all existing flexibilities under—“(1) the requirements of title 23, United States Code; and “(2) other requirements administered by the Secretary, in whole or in part. “(b) Maintaining Protections.—Nothing in this section—“(1) waives the requirements of section 113 or 138 of title 23, United States Code; “(2) supersedes, amends, or modifies—“(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law (including regulations); or “(B) any requirement of title 23 or title 49, United States Code; or “(3) affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.”

Productive and Timely Expenditure of Funds

Pub. L. 114–94, div. A, title I, § 1421, Dec. 4, 2015, 129 Stat. 1424, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate productive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code. “(b) Implementation.—The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to—“(1) avoid unnecessary delays in completing projects; “(2) minimize cost overruns; and “(3) ensure the effective use of Federal funding.”

Use of Durable, Resilient, and Sustainable Materials and Practices

Pub. L. 114–94, div. A, title I, § 1428, Dec. 4, 2015, 129 Stat. 1426, provided that: “To the extent practicable, the Secretary [of Transportation] shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration.”

Every Day Counts Initiative

Pub. L. 114–94, div. A, title I, § 1444, Dec. 4, 2015, 129 Stat. 1436, provided that: “(a) In General.—It is in the national interest for the Department [of Transportation], State departments of transportation, and all other recipients of Federal transportation funds—“(1) to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment; “(2) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner; “(3) to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and “(4) to create a culture of innovation within the highway community. “(b) Every Day Counts Initiative.—To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that—“(1) accelerate innovation deployment; “(2) shorten the project delivery process; “(3) improve environmental sustainability; “(4) enhance roadway safety; and “(5) reduce congestion. “(c) Innovation Deployment.—“(1) In general.—At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects. “(2) Requirements.—In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice. “(d) Publication.—Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site.”

Findings

Pub. L. 113–159, § 2, Aug. 8, 2014, 128 Stat. 1839, provided that: “Congress finds that— “(1) the existing Highway Trust Fund system is unsustainable and unable to meet our Nation’s 21st century transportation needs; “(2) MAP–21 [Pub. L. 112–141, see Tables for classification] included important reforms that must be built upon in the next reauthorization bill to increase the efficient and effective utilization of Federal funding; “(3) these reforms should include the elimination of duplicative Federal regulations and increase the authority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, including the ability of each State to implement innovative solutions, while also maintaining the appropriate Federal role in transportation; and “(4) Congress should enact and the President should sign a surface transportation reauthorization and reform bill prior to the expiration of this Act [probably means expiration of program extensions provided by Pub. L. 113–159].”

Declaration of Policy and Project Delivery Initiative