The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (l)(1), is the date of enactment of div. A of Pub. L. 117–58, which was approved
2021—Subsec. (c)(1). Pub. L. 117–58, § 11107(1)(A), inserted “vehicle-to-infrastructure communication equipment,” after “breakaway utility poles,”.
Subsec. (c)(3)(B)(vi), (vii). Pub. L. 117–58, § 11107(1)(B), added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (c)(4). Pub. L. 117–58, § 11107(1)(C), added par. (4).
Subsec. (e)(1). Pub. L. 117–58, § 11107(2)(A), substituted “270 days” for “180 days”.
Subsec. (e)(4). Pub. L. 117–58, § 11107(2)(B), struck out “permanent” before “repairs to restore”.
Subsec. (l). Pub. L. 117–58, § 11107(3), added subsec. (l).
2015—Subsec. (c)(3)(A). Pub. L. 114–94, § 1104(e)(2)(A), substituted “(5)(D), or (6)” for “or (5)” in introductory provisions.
Subsec. (c)(3)(A)(ii). Pub. L. 114–94, § 1408(a)(1), inserted “engineering or design approaches,” after “technologies,” and “or project delivery” after “or contracting”.
Subsec. (c)(3)(B)(iii). Pub. L. 114–94, § 1408(a)(2)(A), inserted “and alternative bidding” before semicolon at end.
Subsec. (c)(3)(B)(v), (vi). Pub. L. 114–94, § 1408(a)(2)(B)–(D), added cl. (v) and redesignated former cl. (v) as (vi).
Subsec. (c)(3)(C)(i). Pub. L. 114–94, § 1104(e)(2)(B), substituted “(5)(D), and (6)” for “and (5)”.
Subsec. (e)(2). Pub. L. 114–94, § 1408(b), substituted “other Federally owned roads that are open to public travel” for “Federal land access transportation facilities”.
2012—Subsec. (c)(1). Pub. L. 112–141, § 1508(1), inserted “maintaining minimum levels of retroreflectivity of highway signs or pavement markings,” after “traffic control signalization,” and “shoulder and centerline rumble strips and stripes,” after “pavement marking,” and substituted “Federal-aid programs” for “Federal-aid systems”.
Subsec. (c)(3). Pub. L. 112–141, § 1304(b), added par. (3).
Subsec. (e). Pub. L. 112–141, § 1508(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “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.”
Subsecs. (g), (h). Pub. L. 112–141, § 1508(3), redesignated subsecs. (h) and (i) as (g) and (h), respectively, and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “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.”
Subsec. (i). Pub. L. 112–141, § 1508(3), (4), redesignated subsec. (j) as (i) and struck out “and the Appalachian development highway system program under section 14501 of title 40” after “authorized by section 125” in par. (1)(A).
Subsecs. (j), (k). Pub. L. 112–141, § 1508(5), added subsecs. (j) and (k) and struck out former subsecs. (j) and (k) which read as follows:
“(j)
“(k)
Pub. L. 112–141, § 1508(3), redesignated subsecs. (k) and (l) as (j) and (k), respectively.
Subsec. (l). Pub. L. 112–141, § 1508(3), redesignated subsec. (l) as (k).
2007—Subsec. (c). Pub. L. 110–140 struck out “for Certain Safety Projects” after “Share” in subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2).
2005—Subsec. (c). Pub. L. 109–59, § 1947, inserted “traffic circles (also known as ‘roundabouts’),” after “traffic control signalization,”.
Subsec. (e). Pub. L. 109–59, § 1111(b)(2), substituted “such highway” for “such system” in first sentence.
Subsec. (j). Pub. L. 109–59, § 1116(c), inserted “and the Appalachian development highway system program under section 14501 of title 40” after “section 125”.
Subsec. (j)(1). Pub. L. 109–59, § 1905, designated existing provisions as subpar. (A), inserted heading, and substituted subpars. (B) and (C) for “Such public, quasi-public, or private agencies shall have built, improved, or maintained such facilities without Federal funds.”
Subsec. (k). Pub. L. 109–59, § 1119(a)(1), struck out “Federal-aid highway” before “project” and substituted “this title or chapter 53 of title 49” for “section 104”.
Subsec. (l). Pub. L. 109–59, § 1119(a)(2), substituted “this title or chapter 53 of title 49” for “section 104”.
1998—Subsec. (a). Pub. L. 105–178, § 1111(a)(1), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
Subsec. (b). Pub. L. 105–178, § 1111(a)(2), inserted at end of concluding provisions “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.”
Subsec. (c). Pub. L. 105–178, § 1111(b), inserted “or transit vehicles” after “emergency vehicles” in first sentence.
Subsec. (e). Pub. L. 105–178, § 1113(c), formerly § 1113(d), renumbered § 1113(c) by Pub. L. 105–206, § 9006(a)(2), substituted “and (b)” for “and (c)” and “180 days” for “90 days”.
Pub. L. 105–178, § 1113(a), substituted “highway” for “highway system” in first sentence.
Subsec. (f). Pub. L. 105–178, § 1212(a)(2)(A)(ii), substituted “State transportation departments” for “State highway departments”.
Subsec. (j). Pub. L. 105–178, § 1115(f)(1), as added by Pub. L. 105–206, § 9002(i), redesignated subsec. (j), relating to use of Federal land management agency funds, as (k).
Pub. L. 105–178, § 1115(a), added subsec. (j) relating to use of Federal land management agency funds.
Pub. L. 105–178, § 1111(c), added subsec. (j) relating to credit for non-Federal share.
Subsec. (k). Pub. L. 105–178, § 1115(f)(1), as added by Pub. L. 105–206, § 9002(i), redesignated subsec. (j), relating to use of Federal land management agency funds, as (k). Former subsec. (k) redesignated (l).
Pub. L. 105–178, § 1115(a), added subsec. (k).
Subsec. (l). Pub. L. 105–178, § 1115(f)(1), as added by Pub. L. 105–206, § 9002(i), redesignated subsec. (k) as (l).
1996—Subsec. (c). Pub. L. 104–205 inserted “rail-highway crossing closure,” after “carpooling and vanpooling,”.
1995—Subsec. (c). Pub. L. 104–59 inserted “safety rest areas,” after “signalization,” and inserted sentence at end defining “safety rest area”.
1991—Subsecs. (a) to (c). Pub. L. 102–240, § 1021(a), added subsecs. (a) to (c) and struck out former subsec. (a) which contained provisions relating to Federal share of Federal-aid primary, secondary and urban system projects, former subsec. (b) which contained provisions relating to Federal share of Interstate System projects financed with funds authorized to be appropriated prior to
Subsec. (d). Pub. L. 102–240, § 1022(a), which directed the substitution of “180 days” for “90 days” in subsec. (d) as redesignated, could not be executed because the phrase “90 days” does not appear in subsec. (d) as redesignated.
Pub. L. 102–240, § 1021(b)(3), which directed the substitution of “and (b)” for “and (c)” in subsec. (d) as redesignated, could not be executed because the phrase “and (c)” does not appear in subsec. (d) as redesignated.
Pub. L. 102–240, § 1021(a), (b)(2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to Federal share for projects for railway-highway crossing elimination, traffic control signalization, pavement marking, carpooling and vanpooling, and installation of traffic signs, highway lights, guardrails, and impact attenuators.
Subsec. (e). Pub. L. 102–240, § 1021(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsecs. (f) to (h). Pub. L. 102–240, § 1021(b)(2), redesignated subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f) redesignated (e).
Subsec. (i). Pub. L. 102–240, § 1021(b)(2), redesignated subsec. (n) as (i). Former subsec. (i) redesignated (h).
Subsecs. (j) to (m). Pub. L. 102–240, § 1021(b)(1), struck out subsec. (j) which related to Federal share of project financed under section 307(c) of this title, subsec. (k) which related to Federal share of projects under sections 143 and 155 of this title and projects for priority primary routes under section 147 of this title, subsec. (l) which related to Federal share of projects to reconstruct, resurface, restore and rehabilitate highways which incurred substantial use as result of transportation activities to meet national energy requirements, and subsec. (m) which related to Federal share of Great River Road projects under section 148 of this title.
Subsec. (n). Pub. L. 102–240, § 1021(b)(2), redesignated subsec. (n) as (i).
1987—Subsec. (d). Pub. L. 100–17, § 117(a), inserted “or for installation of traffic signs, highway lights, guardrails, or impact attenuators” after “vanpooling”.
Subsec. (f). Pub. L. 100–17, § 117(c)(1), inserted heading and amended first sentence generally. Prior to amendment, first sentence read as follows: “The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title shall not exceed 100 per centum of the cost thereof: Provided, That 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 per centum of the cost thereof.”
Subsecs. (i), (j). Pub. L. 100–17, § 117(b), redesignated subsec. (i) relating to Federal share payable on account of any project financed under section 307(c) of this title, as subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 100–17, § 117(b), (d)(1), redesignated former subsec. (j) as (k) and substituted “(j)” for “(i)”, “and 155” for “, 148, and 155,” and “100–3” for “97–61”. Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 100–17, § 117(b), redesignated former subsec. (k) as (l).
Subsec. (m). Pub. L. 100–17, § 117(d)(2), added subsec. (m).
Subsec. (n). Pub. L. 100–17, § 117(e), added subsec. (n).
1983—Subsec. (j). Pub. L. 98–78 inserted “, and for funds allocated under the provisions of section 155 of this title and obligated subsequent to
1983—Subsec. (c). Pub. L. 97–424, § 117(a), inserted provision at end that, notwithstanding subsection (a) of this section, the Federal share payable on account of any project financed with primary funds on the Interstate System for resurfacing, restoring, rehabilitating, and reconstructing shall be the percentage provided in this subsection.
Subsec. (d). Pub. L. 97–424, § 117(b), inserted “or for pavement marking” after “signalization”, and provision that the Federal share payable on account of any project for traffic control signalization under section 103(e)(4) of this title may amount to 100 per centum of the cost of construction of such project.
Pub. L. 97–424, § 123(a), inserted “or for commuter carpooling and vanpooling” before “, may amount to 100 per centum”.
Subsec. (f). Pub. L. 97–424, § 153(f), substituted “100 per centum” for “75 per centum” after “shall not exceed”, struck out provision 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 per centum of the total area of all lands therein, the Federal share would 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, struck out “, whether or not such highways, roads, or trails are on any Federal-aid highway system” after “may amount to 100 per centum of the cost thereof”, substituted provision that the total cost of a project may not exceed the cost of repair or reconstruction of a comparable facility for provision that the Secretary might increase the Federal share payable on account of any repair or reconstruction under this section up to 100 per centum of the replacement cost of a comparable facility if he determined it to be in the public interest, and struck out provision that any project agreement for which the final voucher had not been approved by the Secretary on or before the date of this Act might be modified to provide for the Federal share authorized herein.
Subsec. (i). Pub. L. 97–424, § 156(c), added subsec. (i) relating to Federal share payable for any project financed under section 307(c) of this title.
Subsec. (j). Pub. L. 97–424, § 117(c), added subsec. (j).
Subsec. (k). Pub. L. 97–424, § 109(b), added subsec. (k).
1978—Subsec. (a). Pub. L. 95–599, § 129(a), substituted “75 per centum” for “70 per centum” wherever appearing.
Subsec. (d). Pub. L. 95–599 §§ 117, 129(b), inserted “and for any project for traffic control signalization,” after “section 130 of this title,”, and substituted “75 per centum” for “70 per centum.”
Subsec. (f). Pub. L. 95–599, § 129(c), substituted “75 per centum” for “70 per centum” wherever appearing.
Subsec. (i). Pub. L. 95–599, § 129(i), added subsec. (i) relating to Federal share payable for any project in the Virgin Islands, etc.
1970—Subsec. (a). Pub. L. 91–605, §§ 106(f), 108(a), inserted reference to the Federal-aid urban system, and substituted “70 per centum” for “50 per centum” in two places.
Subsec. (d). Pub. L. 91–605, § 108(a), substituted “70 per centum” for “50 per centum”.
Subsec. (f). Pub. L. 91–605, §§ 108(a), 109(b), inserted definition of “a comparable facility” and substituted “70 per centum” for “50 per centum”.
Subsec. (h). Pub. L. 91–605, § 128, added subsec. (h).
1968—Subsec. (a). Pub. L. 90–495, § 34, made provision for an election by the States as to the formula it desired to have its Federal share computed under by adding an optional formula permitting an increase in the Federal share by a percentage of the remaining cost equal to the percentage that the area of specified lands is of the State’s total, but not so as to increase the share beyond 95 percent of the total cost of the project, with States exercising the option required to enter into an agreement to use the difference solely for highway construction purposes.
Subsec. (f). Pub. L. 90–495, § 27(b), authorized the Secretary to increase the Federal share payable on account of any repair or reconstruction under this section up to 100 per centum of the replacement cost of a comparable facility if he determines that it is in the public interest.
1966—Subsec. (f). Pub. L. 89–574 added parkways, public land highways, public lands development roads, and trails to the list of road projects on the repair or reconstruction of which the Federal share payable may amount to 100 per centum of the cost.
1964—Subsec. (f). Pub. L. 88–658 provided that in case of any State containing nontaxable Indian lands, and public domain lands exclusive of national forests and national parks and monuments exceeding 5 per centum of the total area of all lands therein, the Federal share 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.
1960—Subsec. (a). Pub. L. 86–657 substituted “nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments” for “unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal”.
1959—Subsec. (a). Pub. L. 86–70, § 21(e)(4), substituted “subsection (d) of this section” for “subsections (d) and (h) of this section”.
Subsec. (f). Pub. L. 86–342 provided that the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof, whether or not such highways, roads or trails are on any Federal-aid highway system.
Subsec. (h). Pub. L. 86–70, § 21(d)(4), repealed subsec. (h) which related to contributions by the Territory of Alaska and to the expenditure of Federal funds apportioned to the Territory of Alaska and funds contributed by the Territory.
Amendment by Pub. L. 117–58 effective
Except as otherwise provided, amendment by Pub. L. 114–94 effective
Pub. L. 114–94, div. A, title I, § 1408(c), as added by Pub. L. 114–113, div. L, title IV, § 421,
[Pub. L. 114–113, div. L, title IV, § 421,
Amendment by Pub. L. 112–141 effective
Amendment by Pub. L. 110–140 effective on the date that is 1 day after
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before
Amendment by section 1021 of Pub. L. 102–240 effective
Pub. L. 102–240, title I, § 1022(c),
Pub. L. 100–17, title I, § 117(c)(2),
Pub. L. 95–599, title I, § 129(h),
Pub. L. 91–605, title I, § 108(b),
Amendment by section 27(b) of Pub. L. 90–495 applicable to repair or construction with respect to which project agreements have been entered into on or before
Amendment by section 34 of Pub. L. 90–495 effective
Amendment by section 21(d)(4) of Pub. L. 86–70 effective
Amendment by section 21(e)(4) of Pub. L. 86–70 effective
Pub. L. 117–58, div. A, title I, § 11503,
Pub. L. 102–240, title I, § 1044,
Pub. L. 102–240, title I, § 1054,
Pub. L. 100–17, title I, § 117(f),
Pub. L. 97–424, title I, § 153(g),
Pub. L. 94–30, §§ 1, 2,
Pub. L. 95–599, title V, § 507,
Act June 29, 1956, ch. 462, title II, § 209, 70 Stat. 397, as amended by Pub. L. 86–342, title II, § 202,
Pub. L. 96–451, title II, § 203(b),
Pub. L. 95–599, title V, § 504(b),
Pub. L. 91–258, title II, § 208(g),
Pub. L. 86–70, § 21(d)(4),