§ 119 TITLE 23—HIGHWAYS Page 70

1So in original. Probably should be capitalized.

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 5(b) of Pub. L. 96–106 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall apply to all amounts apportioned under section 104(b)(5)(B) of title 23, United

States Code, for the fiscal year 1978 and for subsequent

fiscal years.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 114, 127, 143,

157, 158, 159 of this title; title 40 section 818; title 40

App. section 201; title 49 section 31314.

§ 119. Interstate maintenance program

(a) The Secretary may approve projects for resurfacing, restoring and rehabilitating routes on

the Interstate System designated under sections

103 and 139(c) of this title and routes on the

Interstate System designated before the date of

enactment of this sentence under section 139(a)

and (b) of this title; except that the Secretary

may only approve a project pursuant to this subsection on a toll road if such road is subject to

a Secretarial agreement provided for in subsection (e). Sums authorized to be appropriated

for this section shall be out of the Highway

Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title.

(b) Not later than one year after the date of issuance of initial guidelines under section 109(m)

of this title each State shall have a program for

the Interstate system1 in accordance with such

guidelines. Each State shall certify on January

1st of each year that it has such a program and

the Interstate system1 is maintained in accordance with that program. If a State fails to certify as required or if the Secretary determines a

State is not adequately maintaining the Interstate system1 in accordance with such program

then the next apportionment of funds to such

State for the Interstate system1 shall be reduced by amounts equal to 10 per centum of the

amount which would otherwise be apportioned

to such State under section 104 of this title. If,

within one year from the date the apportionment for a State is reduced under this subsection, the Secretary determines that such

State is maintaining the Interstate system1 in

accordance with the guidelines the apportionment of such State shall be increased by an

amount equal to the reduction. If the Secretary

does not make such a determination within such

one year period the amount so withheld shall be

reapportioned to all other eligible States.

(c) ELIGIBLE ACTIVITIES.—Activities authorized

in subsection (a) may include the reconstruction

of bridges, interchanges, and over crossings

along existing Interstate routes, including the

acquisition of right-of-way where necessary, but

shall not include the construction of new travel

lanes other than high occupancy vehicle lanes or

auxiliary lanes.

(d) TRANSFER OF INTERSTATE CONSTRUCTION

APPORTIONMENTS.—Upon application by a State

(other than the State of Massachusetts) and approval by the Secretary, the Secretary may

transfer to the apportionments to such State

under section 104(b)(1) or 104(b)(5)(B) any

amount of the funds apportioned to such State

for any fiscal year under section 104(b)(5)(A) if

such amount does not exceed the Federal share

of the costs of construction of segments of the

Interstate System open to traffic in such State

(other than high occupancy vehicle lanes) included in the most recent interstate cost estimate. Upon transfer of such amount, the construction on which such amount is based on

open-to-traffic segments of the Interstate System in such State as included in the latest

interstate cost estimate shall be ineligible and

shall not be included in future interstate cost

estimates approved or adjusted under section

104(b)(5)(A).

(e) PREVENTIVE MAINTENANCE.—Preventive

maintenance activities shall be eligible under

this section when a State can demonstrate,

through its pavement management system, that

such activities are a cost-effective means of extending Interstate pavement life.

(f) TRANSFER OF FUNDS FOR SURFACE TRANSPORTATION PROGRAM PROJECTS.—

(1) UPON CERTIFICATION ACCEPTANCE.—If a

State certifies to the Secretary that any part

of the sums apportioned to the State under

section 104(b)(5)(B) of this title are in excess of

the needs of the State for resurfacing, restoring, or rehabilitating Interstate System

routes and the State is adequately maintaining the Interstate System and the Secretary

accepts such certification, the State may

transfer such excess part to its apportionment

under sections 104(b)(1) and 104(b)(3).

(2) UNCONDITIONAL.—Notwithstanding paragraph (1), a State may transfer to its apportionment under sections 104(b)(1) and 104(b)(3)

of this title—

(A) in fiscal year 1987, an amount not to

exceed 20 percent of the funds apportioned to

the State under section 104(b)(5)(B) which

are not obligated at the time of the transfer;

and

(B) in any fiscal year thereafter, an

amount not to exceed 20 percent of the funds

apportioned to the State under section

104(b)(5)(B) for such fiscal year.

(g) LIMITATION ON NEW CAPACITY.—Notwithstanding any other provision of this title, the

portion of the cost of any project undertaken

pursuant to this section that is attributable to

the expansion of the capacity of any Interstate

highway or bridge, where such new capacity consists of one or more new travel lanes that are

not high-occupancy vehicle lanes or auxiliary

lanes, shall not be eligible for funding under this

section.

(Added Pub. L. 95–599, title I, §116(a), Nov. 6,

1978, 92 Stat. 2698; amended Pub. L. 96–106, §18,

Nov. 9, 1979, 93 Stat. 799; Pub. L. 97–134, §§6, 7,

Dec. 29, 1981, 95 Stat. 1701; Pub. L. 97–424, title I,

§116(a)(1), (2), (b), (c), Jan. 6, 1983, 96 Stat. 2109;

Pub. L. 98–229, §8(b), Mar. 9, 1984, 98 Stat. 56;

Pub. L. 99–190, §101(e) [title III, §327], Dec. 19,

1985, 99 Stat. 1267, 1289; Pub. L. 100–17, title I,

§116(a)–(c)(1), Apr. 2, 1987, 101 Stat. 154, 155; Pub.

L. 100–202, §101(l) [title III, §347(b)], Dec. 22, 1987,

101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title

I, §1009(a), (b), (e)(1), (3)–(5), Dec. 18, 1991, 105

Stat. 1933, 1934.)
Page 71 TITLE 23—HIGHWAYS § 119

REFERENCES IN TEXT

The date of enactment of this sentence, referred to in

subsec. (a), means the date of enactment of Pub. L.

98–229, which was approved Mar. 9, 1984.

PRIOR PROVISIONS

A prior section 119, Pub. L. 85–767, Aug. 27, 1958, 72

Stat. 899, related to administration of Federal aid for

highways in Alaska, prior to repeal by Pub. L. 86–70,

§21(d)(3), June 25, 1959, 73 Stat. 145, effective July 1,

1959.

AMENDMENTS

1991—Pub. L. 102–240, §1009(e)(1), substituted ‘‘maintenance program’’ for ‘‘System resurfacing’’ in section

catchline.

Subsec. (a). Pub. L. 102–240, §1009(e)(5)(A), (B), substituted ‘‘and rehabilitating’’ for ‘‘, rehabilitating, and

reconstructing’’ and struck out at end ‘‘The Federal

share for any project under this subsection shall be

that set forth in section 120(c) of this title.’’

Subsec. (c). Pub. L. 102–240, §1009(e)(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read

as follows: ‘‘Reconstructing as authorized in subsection

(a) of this section may include, but is not limited to,

the addition of travel lanes and the construction and

reconstruction of interchanges and overcrossings along

existing completed interstate routes, including the acquisition of right-of-way where necessary.’’

Subsec. (e). Pub. L. 102–240, §1009(e)(4), amended subsec. (e) generally, substituting present provisions for

provisions authorizing Secretary to approve projects on

toll roads only after reaching agreement with State

highway department and public authorities that road

will become free upon collection of tolls sufficient to

liquidate cost of road and outstanding bonds and cost

of maintenance, operation and debt service during period of toll collections, provisions relating to repayment to Federal Treasury, or reduction in apportionment, if road did not become free after collection of

sufficient tolls, and provisions requiring pre-existing

agreements to be treated as agreements under subsec.

(e).

Subsec. (f). Pub. L. 102–240, §1009(e)(5)(C), substituted

‘‘Surface Transportation Program’’ for ‘‘Primary System’’ in heading.

Subsec. (f)(1). Pub. L. 102–240, §1009(b), (e)(5)(D), (E),

substituted ‘‘or rehabilitating’’ for ‘‘rehabilitating, or

reconstructing’’, substituted ‘‘sections 104(b)(1) and

104(b)(3)’’ for ‘‘section 104(b)(1)’’, and inserted ‘‘the

State is adequately maintaining the Interstate System

and’’ after ‘‘routes and’’.

Subsec. (f)(2). Pub. L. 102–240, §1009(e)(5)(E), substituted ‘‘sections 104(b)(1) and 104(b)(3)’’ for ‘‘section

104(b)(1)’’ in introductory provisions.

Subsec. (g). Pub. L. 102–240, §1009(a), added subsec. (g).

1987—Subsec. (a). Pub. L. 100–17, §116(c)(1), substituted ‘‘subsection (e)’’ for ‘‘section 105 of the Federal-Aid Highway Act of 1978’’.

Subsec. (d). Pub. L. 100–17, §116(a), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as

follows: ‘‘Upon application by a State and approval by

the Secretary, the Secretary may authorize the transfer of so much of the amount apportioned to such State

for any fiscal year under paragraph (5)(A) of subsection

(b) of section 104 of this title, as does not exceed the

Federal share of the cost of segments of the Interstate

System open to traffic in such State (other than high

occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under paragraph (5)(B) of

subsection (b) of section 104 of this title, except that

not more than 50 per centum of the total apportionment under such paragraph (5)(A) for a fiscal year shall

be transferred under this subsection for such fiscal

year. The next cost estimate submitted to Congress

under paragraph (5)(A) of subsection (b) of such section

104 of the cost of completing segments of the Interstate

System open to traffic in that State (other than high

occupancy vehicle lanes) shall be reduced for such

State in an amount equal to the amount transferred

under this subsection. Notwithstanding any other provision of law, and for the purposes of this subsection,

the phrase ‘segments of the interstate system open to

traffic’ shall include a proposed four-lane, limited access highway, 6.4 miles in length, the construction of

which will relocate to a southern alignment a portion

of an existing interstate highway which was originally

built without the aid of funds authorized by section

108(b) of the Federal-Aid Highway Act of 1956, as

amended, and which connects to the east with an interstate highway on which tolls are charged. The construction of the proposed highway shall include a

bridge over the Monongahela River.’’

Subsec. (e). Pub. L. 100–17, §116(b), added subsec. (e).

Subsec. (f). Pub. L. 100–202 substituted ‘‘amount not

to exceed’’ for ‘‘amount equal to’’ in par. (2)(B).

Pub. L. 100–17, §116(b), added subsec. (f).

1985—Subsec. (d). Pub. L. 99–190 inserted provisions

which brought within the phrase ‘‘segments of the

interstate system open to traffic’’ a proposed four-lane

limited access highway, 6.4 miles in length, the construction of which will relocate to a southern alignment a portion of an existing highway originally built

without the aid of Federal funds, connecting to the east

with an interstate highway on which tolls are charged,

with the proposed highway to include a bridge over the

Monongahela River.

1984—Subsec. (a). Pub. L. 98–229 substituted provision

authorizing the Secretary to approve projects designated under sections 103 and 139(c) of this title and

routes on the Interstate System designated before Mar.

9, 1984, under section 139(a) and (b) of this title for provision authorizing the Secretary, beginning with funds

apportioned for the fiscal year 1980, to approve projects

under sections 103 and 139(c) of this title and, beginning

with funds apportioned for fiscal year 1984, to approve

routes or portions thereof on the Interstate System

designated before Jan. 6, 1983, under section 139(a) of

this title, which routes or portions were so designated

in conjunction with the withdrawal of approval of another route or portion on the Interstate System under

section 103(e)(4) of this title and provision that the Federal share be that as set forth in section 120(c) of this

title for provision that the Federal share be that as set

forth in section 120(a) of this title and that effective on

or after Dec. 29, 1981, the Federal share be that as set

forth in section 120(c) of this title.

1983—Subsec. (a). Pub. L. 97–424, §116(a)(1), inserted

provision that, additionally, beginning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof

on the Interstate System designated before Jan. 6, 1983,

under section 139(a) of this title (other than routes on

toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act

of 1978) which routes or portions were so designated in

conjunction with the withdrawal of approval of another

route or portion thereof on the Interstate System

under section 103(e)(4) of this title.

Pub. L. 97–424, §116(a)(2), substituted ‘‘under this subsection’’ for ‘‘designated under sections 103 and 139(c) of

this title’’ before ‘‘shall be that set forth in section

120(c) of this title’’.

Subsecs. (b), (c). Pub. L. 97–424, §116(b), redesignated

the second of two sections designated (b) as (c).

Subsec. (d). Pub. L. 97–424, §116(c), added subsec. (d).

1981—Subsec. (a). Pub. L. 97–134, §§6(a), 7, substituted

‘‘rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of

this title’’ for ‘‘and rehabilitating those lanes in use for

more than five years on the Interstate System’’, and

inserted provision that effective on and after Dec. 29,

1981, the Federal share for projects financed by funds

apportioned under section 104(b)(5)(B) of this title for

resurfacing, restoring, rehabilitating, and reconstructing routes of the Interstate System designated under

sections 103 and 139(c) of this title shall be that set

forth in section 120(c) of this title.
§ 120 TITLE 23—HIGHWAYS Page 72

Subsec. (b). Pub. L. 97–134, §6(b), added subsec. (b)

providing that reconstruction may include the addition

of travel lanes and the construction and reconstruction

of interchanges and overcrossings along existing completed interstate routes, including the acquisition of

right-of-way where necessary.

1979—Subsec. (b). Pub. L. 96–106 substituted ‘‘January

1st’’ for ‘‘October 1st’’ and ‘‘next apportionment of

funds to such State’’ for ‘‘funds apportioned to such

State for that fiscal year’’.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

GUIDANCE TO STATES

Section 1009(c) of Pub. L. 102–240 provided that: ‘‘The

Secretary shall develop and make available to the

States criteria for determining—

‘‘(1) what share of any project funded under section

119 of title 23, United States Code, is attributable to

the expansion of the capacity of an Interstate highway or bridge; and

‘‘(2) what constitutes adequate maintenance of the

Interstate System for the purposes of section 119(f)(1)

of title 23, United States Code.’’

INNOVATIVE TECHNOLOGIES

Section 142 of Pub. L. 97–424 provided that:

‘‘(a) The Congress hereby finds and declares that it is

in the national interest to encourage and promote utilization by the States of highway and bridge surfacing,

resurfacing, or restoration materials which are produced from recycled materials or which contain asphalt

additives to strengthen the materials. Such materials

conserve energy and reduce the cost of resurfacing or

restoring our highways.

‘‘(b) The Secretary of Transportation is hereby authorized for each of the fiscal years through September

30, 1985, to increase the Federal share as provided in

sections 119, 120, and 144 of title 23, United States Code,

by 5 per centum of any project submitted by the State

highway departments which contains in the plans,

specifications, and estimates submitted pursuant to

section 106, of title 23, United States Code, the use of

the materials described in subsection (a). To be eligible

for such supplemental Federal assistance, significant

amounts of asphalt additives or recycled materials

must be used in each project approved by the Secretary.

‘‘(c) The Secretary shall establish a procedure within

ninety days of the date of enactment of this Act [Jan.

6, 1983] for increasing the Federal share under this section.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 118, 129 of this

title.

§ 120. Federal share payable

(a) INTERSTATE SYSTEM PROJECTS.—Except as

otherwise provided in this chapter, the Federal

share payable on account of any project on the

Interstate System (including a project to add

high occupancy vehicle lanes and a project to

add auxiliary lanes but excluding a project to

add any other lanes) shall be 90 percent of the

total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State

containing unappropriated and unreserved public lands and nontaxable Indian lands, individual

and tribal, exceeding 5 percent of the total area

of all lands therein, equal to the percentage that

the area of such lands in such State is of its

total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project.

(b) OTHER PROJECTS.—Except as otherwise provided in this title, the Federal share payable on

account of any project or activity carried out

under this title (other than a project subject to

subsection (a)) shall be—

(1) 80 percent of the cost thereof, except that

in the case of any State containing nontaxable

Indian lands, individual and tribal, and public

domain lands (both reserved and unreserved)

exclusive of national forests and national

parks and monuments, exceeding 5 percent of

the total area of all lands therein, the Federal

share, for purposes of this chapter, shall be increased by a percentage of the remaining cost

equal to the percentage that the area of all

such lands in such State, is of its total area;

or

(2) 80 percent of the cost thereof, except that

in the case of any State containing nontaxable

Indian lands, individual and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments, the Federal share, for purposes of this

chapter, shall be increased by a percentage of

the remaining cost equal to the percentage

that the area of all such lands in such State is

of its total area;

except that the Federal share payable on any

project in a State shall not exceed 95 percent of

the total cost of any such project. In any case

where a State elects to have the Federal share

provided in paragraph (2) of this subsection, the

State must enter into an agreement with the

Secretary covering a period of not less than 1

year, requiring such State to use solely for purposes eligible for assistance under this title

(other than paying its share of projects approved

under this title) during the period covered by

such agreement the difference between the

State’s share as provided in paragraph (2) and

what its share would be if it elected to pay the

share provided in paragraph (1) for all projects

subject to such agreement.

(c) INCREASED FEDERAL SHARE FOR CERTAIN

SAFETY PROJECTS.—The Federal share payable

on account of any project for traffic control signalization, safety rest areas, pavement marking,

commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic

signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems

for emergency vehicles at signalized intersections may amount to 100 percent of the cost of

construction of such projects; except that not

more than 10 percent of all sums apportioned for

all the Federal-aid systems for any fiscal year in

accordance with section 104 of this title shall be

used under this subsection. In this subsection,

the term ‘‘safety rest area’’ means an area

where motor vehicle operators can park their

vehicles and rest, where food, fuel, and lodging

services are not available, and that is located on

a segment of highway with respect to which the

Secretary determines there is a shortage of public and private areas at which motor vehicle operators can park their vehicles and rest.