23 U.S.C. § 201 (HIGHWAYS)
§ 201. Federal lands and tribal transportation programs
(a) Purpose.—
Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
(b) Availability of Funds.—
(1) Availability.—
Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
(2) Amount remaining.—
Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
(3) Obligations.—
The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
(4) Expenditure.—
(A) In general.—
Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.
(B) Credited funds.—
Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—
(i) credited to the balance of unobligated authorizations; and
(ii) immediately available for expenditure.
(5) Applicability.—
This section shall not apply to funds authorized before the date of enactment of this paragraph.
(6) Contractual obligation.—
(A) In general.—
Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—
(i) any project funded under this title; and
(ii) any project funded pursuant to agreements authorized by this title or any other title.
(B) Effect.—
Nothing in this paragraph—
(i) affects the application of the Federal share associated with the project being undertaken under this section; or
(ii) modifies the point of obligation associated with Federal salaries and expenses.
(7) Federal share.—
(A) Tribal and federal lands transportation program.—
The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.
(B) Federal lands access program.—
The Federal share of the cost of a project carried out under the Federal lands access program shall be be 1 up to 100 percent.
(c) Transportation Planning.—
(1) Transportation planning procedures.—
In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.
(2) Approval of transportation improvement program.—
The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.
(3) Inclusion in other plans.—
Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—
(A) developed in cooperation with State and metropolitan planning organizations; and
(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs.
(4) Inclusion in state programs.—
The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.
(5) Asset management.—
The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.
(6) Data collection.—
(A) Data collection.—
(i) In general.—
The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program.
(ii) Requirement.—
Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
(iii) Inclusions.—
Data collected under this paragraph includes—
(I) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and
(II) bridge inspection and inventory information on any Federal bridge open to the public.
(B) Standards.—
The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.
(C) Tribal data collection.—
In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:
(i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.
(ii) A description of the projects and activities identified under clause (i).
(iii) The current status of the projects and activities identified under clause (i).
(iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).
(7) Cooperative research and technology deployment.—
The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary.
(8) Funding.—
(A) In general.—
To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 20 percent of the funds authorized for programs under sections 203 and 204.
(B) Other activities.—
In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for—
(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and
(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.
(d) Reimbursable Agreements.—
In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—
(1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and
(2) shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment.
(e) Transfers.—
(1) In general.—
To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—
(A) the Secretary;
(B) the affected Secretaries of the respective Federal land management agencies;
(C) State departments of transportation; and
(D) local government agencies.
(2) Credit.—
The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit.
(f) Alternative Contracting Methods.—
(1) In general.—
Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—
(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308;
(B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or
(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D).
(2) Methods described.—
The contracting methods referred to in paragraph (1) shall include, at a minimum—
(A) project bundling;
(B) bridge bundling;
(C) design-build contracting;
(D) 2-phase contracting;
(E) long-term concession agreements; and
(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
(3) Effect.—
Nothing in this subsection—
(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or
(B) modifies the point of obligation of Federal salaries and expenses.
(Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473; amended Pub. L. 114–94, div. A, title I, §§ 1117(a), 1120, Dec. 4, 2015, 129 Stat. 1356, 1358; Pub. L. 117–58, div. A, title I, §§ 11113(a), 11305(a), 11525(l), Nov. 15, 2021, 135 Stat. 479, 531, 607.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
heading: Prior Provisions
text: A prior section 201, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97–424, title I, § 126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105–178, title I, § 1115(e)(1), June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
heading: Amendments
text: 2021—Subsec. (b)(7)(B). Pub. L. 117–58, § 11113(a)(1), substituted “be up to 100 percent” for “determined in accordance with section 120”.
Subsec. (c)(6)(A)(ii). Pub. L. 117–58, § 11525(l), substituted “(25 U.S.C. 5301 et seq.)” for “(25 U.S.C. 450 et seq.)”.
Subsec. (c)(8)(A). Pub. L. 117–58, § 11113(a)(2), substituted “20 percent” for “5 percent”.
Subsec. (f). Pub. L. 117–58, § 11305(a), added subsec. (f).
2015—Subsec. (c)(6)(A). Pub. L. 114–94, § 1120(1), inserted cl. (i) designation and heading, substituted period for “in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—”, added cl. (ii) and introductory provisions of cl. (iii), redesignated former cls. (i) and (ii). as subcls. (I) and (II) of cl. (iii), respectively, and realigned margins.
Subsec. (c)(6)(C). Pub. L. 114–94, § 1117(a), added subpar. (C).
Subsec. (c)(7), (8). Pub. L. 114–94, § 1120(2), added pars. (7) and (8) and struck out former par. (7). Prior to amendment, text of par. (7) read as follows: “To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
heading: Use of Alternative Contracting Methods
text: Pub. L. 117–58, div. A, title I, § 11305(c), Nov. 15, 2021, 135 Stat. 532, provided that:
“In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary [of Transportation] shall—
“(1) in consultation with the applicable Federal land management agencies, establish clear procedures that are—
“(A) applicable to the alternative contracting method; and
“(B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions;
“(2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and
“(3) analyze and prepare an evaluation of the use of the alternative contracting method.”
heading: Nationally Significant Federal Lands and Tribal Projects Program
text: Pub. L. 114–94, div. A, title I, § 1123, Dec. 4, 2015, 129 Stat. 1370, as amended by Pub. L. 117–58, div. A, title I, § 11127, Nov. 15, 2021, 135 Stat. 507, provided that:
“(a) Purpose.—
The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.
“(b) Eligible Applicants.—
“(1) In general.—
Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program.
“(2) Special rule.—
A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.
“(c) Eligible Projects.—
An eligible project under the program shall be a single continuous project—
“(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
“(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—
“(A) a record of decision with respect to the project;
“(B) a finding that the project has no significant impact; or
“(C) a determination that the project is categorically excluded; and
“(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000.
“(d) Eligible Activities.—
“(1) In general.—
Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.
“(2) Ineligible activities.—
An eligible applicant may not use funds received under the program for activities relating to project design.
“(e) Applications.—
Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require.
“(f) Selection Criteria.—
In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—
“(1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
“(2) improves the condition of critical transportation facilities, including multimodal facilities;
“(3) needs construction, reconstruction, or rehabilitation;
“(4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
“(5) is included in or eligible for inclusion in the National Register of Historic Places;
“(6) uses new technologies and innovations that enhance the efficiency of the project;
“(7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;
“(8) spans 2 or more States; and
“(9) serves land owned by multiple Federal agencies or Indian tribes.
“(g) Cost Share.—
“(1) Federal share.—
“(A) In general.—
Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent.
“(B) Tribal projects.—
In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.
“(2) Non-federal share.—
Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section.
“(h) Use of Funds.—
“(1) In general.—
For each fiscal year, of the amounts made available to carry out this section—
“(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and
“(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code).
“(2) Requirement.—
Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors.
“(3) Availability.—
Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”