23 U.S.C. § 133
Section 133 · Surface transportation program
Version as of July 6, 2012, with additions and removals from the August 10, 2005 version.
(a) Establishment.—The Secretary shall establish a surface transportation program in accordance with this section.
(a) Establishment.—The Secretary shall establish a surface transportation program in accordance with this section.
(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40.
(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway.
(4) Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures).
(8) Transportation enhancement activities.
(11) Transportation alternatives.
(11) In accordance with all applicable Federal law and regulations, participation in natural habitat and wetlands mitigation efforts related to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes. With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations).
(14) Environmental mitigation efforts relating to projects funded under this title in the same manner and to the same extent as such activities are eligible under section 119(g).
(A) have disproportionately high accident rates;
(A) have disproportionately high accident rates;
(B) have high levels of congestion, as evidenced by—
(B) have high levels of congestion, as evidenced by—
(i) interrupted traffic flow at the intersection; and
(i) interrupted traffic flow at the intersection; and
(ii) a level of service rating that is not better than “F” during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and
(ii) a level of service rating that is not better than “F” during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and
(C) are located on a Federal-aid highway.
(C) are located on a Federal-aid highway.
(19) Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs.
(20) Recreational trails projects eligible for funding under section 206.
(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
(22) Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59).
(23) Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(24) Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads.
(25) A project that, if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.
(26) Construction and operational improvements for any minor collector if—
(A) the minor collector, and the project to be carried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System;
(B) the construction or improvements will enhance the level of service on the Federal-aid highway described in subparagraph (A) and improve regional traffic flow; and
(C) the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the Federal-aid highway described in subparagraph (A).
(1) as provided in subsection (g);
(2) for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and
(3) as approved by the Secretary.
[(1) Repealed. Pub. L. 109–59, title I, §1113(b)(1), Aug. 10, 2005, 119 Stat. 1172.]
(2) For transportation enhancement activities.—In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005, shall only be available for transportation enhancement activities.
(3) Division between urbanized areas of over 200,000 population and other areas.—
(1) Calculation.—Of the funds apportioned to a State under section 104(b)(2)—
(iii) in other areas of the State; and
(B) 50 percent may be obligated in any area of the State.
(3) Consultation with regional transportation planning organizations.—For purposes of paragraph (1)(A)(ii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.
(4) Distribution among urbanized areas of over 200,000 population.—
(C) Noncontiguous states exemption.—Subparagraph (A) shall not apply to Hawaii and Alaska.
(5) Applicability of certain requirements to third party sellers.—
(A) In general.—Except as provided in subparagraphs (B) and (C), in the case of a transportation enhancement activity funded from the allocation required under paragraph (2), if real property or an interest in real property is to be acquired from a qualified organization exclusively for conservation purposes (as determined under section 170(h) of the Internal Revenue Code of 1986), the organization shall be considered to be the owner of the property for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(B) Federal approval prior to involvement of qualified organization.—If Federal approval of the acquisition of the real property or interest predates the involvement of a qualified organization described in subparagraph (A) in the acquisition of the property, the organization shall be considered to be an acquiring agency or person as described in section 24.101(a)(2) of title 49, Code of Federal Regulations, for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(C) Acquisitions on behalf of recipients of federal funds.—If a qualified organization described in subparagraph (A) has contracted with a State transportation department or other recipient of Federal funds to acquire the real property or interest on behalf of the recipient, the organization shall be considered to be an agent of the recipient for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(e) Administration.—
(e) Administration.—
(1) Noncompliance.—If the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken.
(2) Program approval.—
(3) Payments.—
(A) In general.—Except as provided in subparagraph (B), the Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary.
(B) Advance payment option for transportation enhancement activities.—
(i) In general.—The Secretary may advance funds to the State for transportation enhancement activities funded from the allocation required by subsection (d)(2) for a fiscal year.
(ii) Limitation on amounts.—Amounts advanced under this subparagraph shall be limited to such amounts as are necessary to make prompt payments for project costs.
(iii) Effect on other requirements.—This subparagraph shall not exempt a State from other requirements of this title relating to the surface transportation program.
(4) Population determinations.—The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section.
(5) Transportation enhancement activities.—
(A) Categorical exclusions.—To the extent appropriate, the Secretary shall develop categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation enhancement activities funded from the allocation required by subsection (d)(2).
(B) Nationwide programmatic agreement.—The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with—
(i) section 106 of such Act (16 U.S.C. 470f); and
(ii) the regulations of the Advisory Council on Historic Preservation.
(C) Cost sharing.—
(i) Required aggregate non-federal share.—The average annual non-Federal share of the total cost of all projects to carry out transportation enhancement activities in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).
(ii) Innovative financing.—Subject to clause (i), notwithstanding section 120—
(I) funds from other Federal agencies and the value of other contributions (as determined by the Secretary) may be credited toward the non-Federal share of the costs of a project to carry out a transportation enhancement activity;
(II) the non-Federal share for such a project may be calculated on a project, multiple-project, or program basis; and
(III) the Federal share of the cost of an individual project to which subclause (I) or (II) applies may be up to 100 percent.
(f) Obligation Authority.—
(f) Obligation Authority.—
(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and
(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and
(B) the ratio that—
(B) the ratio that—
(i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(2) Joint responsibility.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).
(2) Joint responsibility.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).
(g) Bridges Not on Federal-aid Highways.—
(1) Definition of off-system bridge.—In this subsection, the term “off-system bridge” means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.
(2) Special rule.—
(A) Set-aside.—Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.
(B) Reduction of expenditures.—The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.
(3) Credit for bridges not on federal-aid highways.—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—
(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and
(B) that crediting shall be conducted in accordance with procedures established by the Secretary.
(h) Special Rule for Areas of Less Than 5,000 Population.—
(1) Special rule.—Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads functionally classified as minor collectors.
(2) Suspension.—The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.