23 U.S.C. § 213 (HIGHWAYS)
§ 213. Transportation alternatives
(a) Reservation of Funds.—
(1) In general.—
On October 1 of each of fiscal years 2013 and 2014, the Secretary shall proportionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that—
(A) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of the MAP-21; bears to
(B) the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009.
(2) Calculation of national amount.—
The Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title.
(b) Eligible Projects.—
A State may obligate the funds reserved under this section for any of the following projects or activities:
(1) Transportation alternatives, as defined in section 101.
(2) The recreational trails program under section 206.
(3) The safe routes to school program under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).
(4) Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
(c) Allocations of Funds.—
(1) Calculation.—
Of the funds reserved in a State under this section—
(A) 50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State—
(i) in urbanized areas of the State with an urbanized area population of over 200,000;
(ii) in areas of the State other than urban areas with a population greater than 5,000; and
(iii) in other areas of the State; and
(B) 50 percent shall be obligated in any area of the State.
(2) Metropolitan areas.—
Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
(3) Distribution among urbanized areas of over 200,000 population.—
(A) In general.—
Except as provided in paragraph (1)(B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.
(B) Other factors.—
A State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
(4) Access to funds.—
(A) In general.—
Each State or metropolitan planning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.
(B) Definition of eligible entity.—
In this paragraph, the term “eligible entity” means—
(i) a local government;
(ii) a regional transportation authority;
(iii) a transit agency;
(iv) a natural resource or public land agency;
(v) a school district, local education agency, or school;
(vi) a tribal government; and
(vii) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.
(5) Selection of projects.—
For funds reserved in a State under this section and suballocated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.
(d) Flexibility of Excess Reserved Funding.—
Beginning in the second fiscal year after the date of enactment of the MAP-21, if on August 1 of that fiscal year the unobligated balance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity—
(1) that is eligible to receive funding under this section; or
(2) for which the Secretary has approved the obligation of funds for any State under section 149.
(e) Treatment of Projects.—
Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter.
(f) Continuation of Certain Recreational Trails Projects.—
Each State shall—
(1) obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206;
(2) return 1 percent of those funds to the Secretary for the administration of that program; and
(3) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described under subsection (d)(3)(A) of that section.
(g) State Flexibility.—
A State may opt out of the recreational trails program under subsection (f) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.
(Added Pub. L. 112–141, div. A, title I, § 1122(a), July 6, 2012, 126 Stat. 494.)
heading: References in Text
text: The date of enactment of the MAP–21, referred to in subsecs. (a)(1)(A) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. Section 133(d)(2), as in effect on the day before the date of enactment of the MAP–21, means section 133(d)(2) of this title as in effect prior to the repeal and reenactment of section 133(d) by Pub. L. 112–141.
heading: Prior Provisions
text: A prior section 213, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 911, related to construction of Rama Road in Republic of Nicaragua, prior to repeal by Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173.
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.