US Codex
U.S.C.
Notes

§104. Apportionment — Inbound Citations

23 U.S.C. § 104

Cited by 168 provisions in release 119-102.

Citations to 23 U.S.C. § 104 as a whole

  • 23 U.S.C. § 120(c)(1)
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    (1) The Federal share payable on account of any project for traffic control signalization, maintaining minimum levels of retroreflectivity of highway signs or pavement markings, traffic circles (also known as “roundabouts”), safety rest areas, pavement marking, shoulder and centerline rumble strips and stripes, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, vehicle-to-infrastructure communication equipment, or priority control systems for emergency vehicles or transit 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 programs 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.
  • 23 U.S.C. § 120(c)(3)(A)
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    (A) Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), (5)(D), or (6) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines—
    (i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility;
    (ii) contains innovative technologies, engineering or design approaches, manufacturing processes, financing, or contracting or project delivery methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges;
    (iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
    (iv) reduces congestion related to highway construction.
  • 23 U.S.C. § 120(c)(3)(C)(i)
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    (i) In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), (5)(D), and (6) of section 104(b).
  • 23 U.S.C. § 120(e)(4)
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    (4) the Federal share payable for eligible repairs to restore damaged facilities to predisaster condition may amount to 90 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred.
  • 23 U.S.C. § 120(f)
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    (f) The Secretary is authorized to cooperate with the State transportation departments and with the Department of the Interior in the construction of Federal-aid highways within Indian reservations and national parks and monuments under the jurisdiction of the Department of the Interior and to pay the amount assumed therefor from the funds apportioned in accordance with section 104 of this title to the State wherein the reservations and national parks and monuments are located.
  • 23 U.S.C. § 130(a)
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    (a) Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with section 104 of this title. In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with section 104 of this title.
  • 23 U.S.C. § 130(f)(1)
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    (1) Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.
  • 23 U.S.C. § 131(b)
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    (b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, and Federal-aid highway funds apportioned on or after January 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of those additional outdoor advertising signs, displays, and devices which are more than six hundred and sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.
  • 23 U.S.C. § 131(m)
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    (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967. A State may use any funds apportioned to it under section 104 of this title for removal of any sign, display, or device lawfully erected which does not conform to this section.
  • 23 U.S.C. § 131(n)
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    (n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment. Funds apportioned to a State under section 104 of this title shall not be treated for purposes of the preceding sentence as being available to the State for making such a payment except to the extent that the State, in its discretion, expends such funds for such a payment.
  • 23 U.S.C. § 133(h)(5)(A)
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    (A) obligate an amount of funds set aside under this subsection equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;
  • 23 U.S.C. § 149(d)(2)(A)
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    (A) If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying—
    (i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by
    (ii) the ratio calculated under subparagraph (B).
  • 23 U.S.C. § 202(f)
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    (f) Before approving as a project on a tribal transportation facility any project eligible for funds apportioned under section 104 in a State, the Secretary shall, for projects on tribal transportation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equitable share of funds apportioned to the State under section 104.
  • 23 U.S.C. § 311
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    Funds made available under subsection (a) of section 104 of this title may be used to pay the entire engineering costs of the surveys, plans, specifications, estimates, and supervision of construction of projects for such urgent improvements of highways strategically important from the standpoint of the national defense as may be undertaken on the order of the Secretary and as the result of request of the Secretary of Defense or such other official as the President may designate. With the consent of a State, funds made available under subsection (b) of section 104 of this title may be used to the extent deemed necessary and advisable by the Secretary to carry out the provisions of this section.

Citations to §104(a)

  • 23 U.S.C. § 140(b)
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    (b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State for the surface transportation block grant program under section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.
  • 23 U.S.C. § 140(c)
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    (c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 3106 of title 41.
  • 23 U.S.C. § 143(b)(2)(A)
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    (A) From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2022 through 2026, to carry out this section.
  • 23 U.S.C. § 144(k)(1)
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    (1) the Secretary may use funds made available to the Secretary under sections 104(a) and 503;
  • 49 U.S.C. § 5504(d)
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    (d) The Secretary shall reserve, from amounts deducted under section 104(a) of title 23, $3,000,000 to make grants under this section. The total amount that a State may receive in grants under this section may not be more than $500,000.

Citations to §104(b)

  • 23 U.S.C. § 126(a)
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    (a) Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
  • 23 U.S.C. § 140(b)
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    (b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State for the surface transportation block grant program under section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.
  • 23 U.S.C. § 142(a)(1)
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    (1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under section 104(b) of this title shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
  • 23 U.S.C. § 142(c)
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    (c) The Secretary may approve as a project on any Federal-aid highway for payment from sums apportioned under section 104(b) modifications to existing highways eligible under the program that is the source of the funds on such highway necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety.
  • 23 U.S.C. § 152(e)
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    (e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.
  • 23 U.S.C. § 159(a)(1)
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    (1) The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.
  • 23 U.S.C. § 165(b)(2)(A)(i)
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    (i) For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying—
    (I) the aggregate of the amounts for the fiscal year; by
    (II) the proportion that—
    (aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to
    (bb) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.
  • 23 U.S.C. § 170(d)(1)
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    (1) The term “covered funds” means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section.
  • 23 U.S.C. § 206(j)
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    (j) Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.
  • 49 U.S.C. § 31314(c)(1)
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    (1) the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23; and
  • 49 U.S.C. § 31314(c)(2)
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    (2) the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.

Citations to §104(b)(1)

Citations to §104(b)(2)

Citations to §104(b)(3)

Citations to §104(b)(4)

  • 23 U.S.C. § 149(b)
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    (b) Except as provided in subsections (d) and (m)(1)(B)(ii), a State may obligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997, or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.) and—
    (i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to—
    (I) the attainment of a national ambient air quality standard in the designated nonattainment area; or
    (II) the maintenance of a national ambient air quality standard in a maintenance area; and
    (ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or,
    (B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);
    (2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits;
    (3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment or maintenance of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors;
    (4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems, if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard;
    (5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;
    (6) if the project or program involves the purchase of integrated, interoperable emergency communications equipment;
    (7) if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, shared micromobility (including bikesharing and shared scooter systems), alternative work hours, and pricing;
    (8) if the project or program is for—
    (A) the purchase of diesel replacements or retrofits that are—
    (i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or
    (ii) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects or port-related freight operations that are—
    (I) located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and
    (II) funded, in whole or in part, under this title or chapter 53 of title 49;
    (B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel replacements or retrofits; or
    (C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;
    (9) if the project or program is for the installation of vehicle-to-infrastructure communication equipment;
    (10) if the project is for the modernization or rehabilitation of a lock and dam that—
    (A) is functionally connected to the Federal-aid highway system; and
    (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or
    (11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that—
    (A) is functionally connected to the Federal-aid highway system; and
    (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.
  • 23 U.S.C. § 149(c)(1)
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    (1) A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.
  • 23 U.S.C. § 149(c)(2)
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    (2) A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State (giving priority to corridors designated under section 151) except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code.
  • 23 U.S.C. § 149(c)(4)
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    (4) For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).
  • 23 U.S.C. § 149(d)(1)
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    (1) If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that—
    (A) would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or
    (B) is eligible under the surface transportation block grant program under section 133.
  • 23 U.S.C. § 149(d)(2)(A)
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    (A) If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying—
    (i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by
    (ii) the ratio calculated under subparagraph (B).
  • 23 U.S.C. § 149(d)(2)(A)(i)
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    (i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by
  • 23 U.S.C. § 149(f)(3)
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    (3) A State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1).
  • 23 U.S.C. § 149(g)(3)
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    (3) States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel replacements or retrofits.
  • 23 U.S.C. § 149(k)(1)
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    (1) For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that—
    (A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and
    (B) to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.
  • 23 U.S.C. § 149(m)(1)
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    (1) A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—
    (A) under chapter 53 of title 49; or
    (B) on—
    (i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or
    (ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d).
  • 23 U.S.C. § 153(h)(2)
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    (2) If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402.
  • 23 U.S.C. § 154(c)(1)
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    (1) On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
    (A) to be used for impaired driving countermeasures; or
    (B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
  • 23 U.S.C. § 158(a)(1)(A)
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    (A) The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4)1 of this title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.
  • 23 U.S.C. § 161(a)(1)
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    (1) The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b)1 on October 1, 1999, and on October 1 of each fiscal year thereafter through fiscal year 2011, if the State does not meet the requirement of paragraph (3) on that date.
  • 23 U.S.C. § 163(e)(1)
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    (1) On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).1
  • 23 U.S.C. § 164(b)(1)
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    (1) On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b)1 to the apportionment of the State under section 402—
    (A) to be used for alcohol- or multiple substance-impaired driving countermeasures; or
    (B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated, driving while multiple substance-impaired, or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol- or multiple substance-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
  • 23 U.S.C. § 217(a)
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    (a) Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(4) of this title for construction of pedestrian walkways and bicycle and shared micromobility transportation facilities and for carrying out nonconstruction projects related to safe access for bicyclists and pedestrians.
  • 23 U.S.C. § 217(d)
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    (d) Each State receiving an apportionment under sections 104(b)(2) and 104(b)(4) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation up to 2 positions of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.
  • 23 U.S.C. § 504(e)(1)
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    (1) Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under paragraphs (1) through (4) of section 104(b) for surface transportation workforce development, training, and education, including—
    (A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies;
    (B) employee professional development;
    (C) student internships;
    (D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training;
    (E) university, college, community college, or vocational school support;
    (F) education activities, including outreach, to develop interest and promote participation in surface transportation careers;
    (G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations;
    (H) activities carried out by the National Highway Institute under subsection (a); and
    (I) local technical assistance programs under subsection (b).

Citations to §104(b)(5)

  • 23 U.S.C. § 167(h)(1)
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    (1) A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network.
  • 23 U.S.C. § 167(h)(3)(A)
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    (A) If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—
    (i) the primary highway freight system;
    (ii) critical rural freight corridors; and
    (iii) critical urban freight corridors.
  • 23 U.S.C. § 167(h)(3)(B)
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    (B) If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network.
  • 23 U.S.C. § 167(h)(4)
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    (4) Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed a freight plan in accordance with section 70202 of title 49, except that the multimodal component of the plan may be incomplete before an obligation may be made under this section.
  • 23 U.S.C. § 167(h)(5)(B)
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    (B) For each fiscal year, a State may obligate not more than 30 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects—
    (i) within the boundaries of public or private freight rail or water facilities (including ports);
    (ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility;
    (iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—
    (I) is functionally connected to the National Highway Freight Network; and
    (II) is likely to reduce on-road mobile source emissions; and
    (iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—
    (I) is functionally connected to the National Highway Freight Network; and
    (II) is likely to reduce on-road mobile source emissions.
  • 23 U.S.C. § 167(h)(5)(C)
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    (C) Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following:
    (i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.
    (ii) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.
    (iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems.
    (iv) Efforts to reduce the environmental impacts of freight movement.
    (v) Environmental and community mitigation for freight movement.
    (vi) Railway-highway grade separation.
    (vii) Geometric improvements to interchanges and ramps.
    (viii) Truck-only lanes.
    (ix) Climbing and runaway truck lanes.
    (x) Adding or widening of shoulders.
    (xi) Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note).
    (xii) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.
    (xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.
    (xiv) Traffic signal optimization, including synchronized and adaptive signals.
    (xv) Work zone management and information systems.
    (xvi) Highway ramp metering.
    (xvii) Electronic cargo and border security technologies that improve truck freight movement.
    (xviii) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.
    (xix) Additional road capacity to address highway freight bottlenecks.
    (xx) Physical separation of passenger vehicles from commercial motor freight.
    (xxi) Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight.
    (xxii) A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network.
    (xxiii) Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B).
  • 23 U.S.C. § 167(h)(6)
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    (6) In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for—
    (A) carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and
    (B) the necessary costs of—
    (i) conducting analyses and data collection related to the national highway freight program;
    (ii) developing and updating performance targets to carry out this section; and
    (iii) reporting to the Administrator to comply with the freight performance target under section 150.
  • 23 U.S.C. § 505(a)
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    (a) Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under paragraphs (1) through (5) of section 104(b) shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes:
    (1) Engineering and economic surveys and investigations.
    (2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135.
    (3) Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167.
    (4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems.
    (5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public transportation, and intermodal transportation systems.
    (6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use.
    (7) The conduct of activities relating to the planning of real-time monitoring elements.
  • 23 U.S.C. § 610(d)(1)(A)
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    (A) 10 percent of the funds apportioned to the State for each of fiscal years 2022 through 2026 under each of paragraphs (1), (2), and (5) of section 104(b); and

Citations to §104(b)(6)

Citations to §104(b)(7)

  • 23 U.S.C. § 142(a)(3)
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    (3) In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—
    (A) traffic signaling and prioritization systems;
    (B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;
    (C) on-street stations;
    (D) fare collection systems;
    (E) information and wayfinding systems; and
    (F) depots.
  • 23 U.S.C. § 175(c)(1)
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    (1) Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including—
    (A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems;
    (B) a public transportation project that is eligible for assistance under section 142;
    (C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation;
    (D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies;
    (E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology;
    (F) a project to replace street lighting and traffic control devices with energy-efficient alternatives;
    (G) the development of a carbon reduction strategy in accordance with subsection (d);
    (H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs;
    (I) efforts to reduce the environmental and community impacts of freight movement;
    (J) a project to support deployment of alternative fuel vehicles, including—
    (i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and
    (ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities;
    (K) a project described in section 149(b)(8) for a diesel engine retrofit;
    (L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and
    (M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification.
  • 23 U.S.C. § 175(c)(2)
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    (2) In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions—
    (A) as estimated on a per capita basis; and
    (B) as estimated on a per unit of economic output basis.
  • 23 U.S.C. § 175(e)(1)
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    (1) For each fiscal year, of the funds apportioned to the State under section 104(b)(7)—
    (A) 65 percent shall be obligated, 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 more than 200,000;
    (ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000;
    (iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and
    (iv) in other areas of the State with a population of less than 5,000; and
    (B) the remainder may be obligated in any area of the State.
  • 23 U.S.C. § 175(e)(6)(A)
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    (A) A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
    (i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and
    (ii) 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
    (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.
  • 23 U.S.C. § 175(f)
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    (f) The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120.

Citations to §104(b)(8)

Citations to §104(d)