---
kind: "section"
citation: "23 U.S.C. § 117"
title: "23"
title_heading: "Highways"
number: "117"
heading: "Nationally significant multimodal freight and highway projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/117"
units:
  - "Chapter 1 — Federal-Aid Highways"
---

# §117. Nationally significant multimodal freight and highway projects

- (a) **Establishment.—**
  - (1) **In general.—** There is established a nationally significant freight and [highway](/usc/23/101.md?p=a-11) [projects](/usc/23/101.md?p=a-20) program to provide financial assistance for [projects](/usc/23/101.md?p=a-20) of national or regional significance.
  - (2) **Goals.—** The goals of the program shall be to—
    - (A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and [urban areas](/usc/23/101.md?p=a-35);
    - (B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
    - (C) reduce [highway](/usc/23/101.md?p=a-11) or freight congestion and bottlenecks;
    - (D) improve connectivity between modes of freight transportation;
    - (E) enhance the resiliency of critical [highway](/usc/23/101.md?p=a-11) or freight infrastructure and help protect the environment;
    - (F) improve roadways vital to national energy security, including [highways](/usc/23/101.md?p=a-11) that support movement of energy equipment; and
    - (G) address the impact of population growth on the movement of people and freight.
- (b) **Grant Authority.—**
  - (1) **In general.—** In carrying out the program established in [subsection (a)](#a), the [Secretary](/usc/23/101.md?p=a-27) may make grants, on a competitive basis, in accordance with this section.
  - (2) **Grant amount.—** Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
  - (3) **Grant administration.—** The [Secretary](/usc/23/101.md?p=a-27) may—
    - (A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and
    - (B) transfer portions of the funds retained under [subparagraph (A)](#b-3-A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
- (c) **Eligible Applicants.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) may make a grant under this section to the following:
    - (A) A [State](/usc/23/101.md?p=a-28) or a group of [States](/usc/23/101.md?p=a-28).
    - (B) A metropolitan planning organization that serves an [urbanized area](/usc/23/101.md?p=a-36) (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
    - (C) A unit of local government or a group of local governments.
    - (D) A political subdivision of a [State](/usc/23/101.md?p=a-28) or local government.
    - (E) A special purpose district or [public authority](/usc/23/101.md?p=a-22) with a transportation function, including a port authority.
    - (F) A Federal land management agency that applies jointly with a [State](/usc/23/101.md?p=a-28) or group of [States](/usc/23/101.md?p=a-28).
    - (G) A tribal government or a consortium of tribal governments.
    - (H) A multistate corridor organization.
    - (I) A multistate or multijurisdictional group of entities described in this paragraph.
  - (2) **Applications.—** To be eligible for a grant under this section, an entity specified in [paragraph (1)](#c-1) shall submit to the [Secretary](/usc/23/101.md?p=a-27) an application in such form, at such time, and containing such information as the [Secretary](/usc/23/101.md?p=a-27) determines is appropriate.
- (d) **Eligible Projects.—**
  - (1) **In general.—** Except as provided in [subsection (e)](#e), the [Secretary](/usc/23/101.md?p=a-27) may make a grant under this section only for a [project](/usc/23/101.md?p=a-20) that—
    - (A) is—
      - (i) a [highway](/usc/23/101.md?p=a-11) freight [project](/usc/23/101.md?p=a-20) carried out on the [National Highway Freight Network](/usc/23/101.md?p=a-15) established under [section 167](/usc/23/167.md);
      - (ii) a [highway](/usc/23/101.md?p=a-11) or bridge [project](/usc/23/101.md?p=a-20) carried out on the [National Highway System](/usc/23/101.md?p=a-16), including—
        - (I) a [project](/usc/23/101.md?p=a-20) to add capacity to the [Interstate System](/usc/23/101.md?p=a-12) to improve mobility; or
        - (II) a [project](/usc/23/101.md?p=a-20) in a national scenic area;
      - (iii) a freight [project](/usc/23/101.md?p=a-20) that is—
        - (I) a freight intermodal or freight rail [project](/usc/23/101.md?p=a-20); or
        - (II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure [project](/usc/23/101.md?p=a-20) necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility;
      - (iv) a railway-[highway](/usc/23/101.md?p=a-11) grade crossing or grade separation [project](/usc/23/101.md?p=a-20);
      - (v) a wildlife crossing [project](/usc/23/101.md?p=a-20);
      - (vi) a surface transportation infrastructure [project](/usc/23/101.md?p=a-20) that—
        - (I) is located within the boundaries of or functionally connected to an international border crossing area in the United States;
        - (II) improves a transportation facility owned by a Federal, [State](/usc/23/101.md?p=a-28), or local government entity; and
        - (III) increases throughput efficiency of the border crossing described in [subclause (I)](#d-1-A-vi-I), including—
          - (aa) a [project](/usc/23/101.md?p=a-20) to add lanes;
          - (bb) a [project](/usc/23/101.md?p=a-20) to add technology; and
          - (cc) other surface transportation improvements;
      - (vii) a [project](/usc/23/101.md?p=a-20) for a marine [highway](/usc/23/101.md?p=a-11) corridor designated by the [Secretary](/usc/23/101.md?p=a-27) under [section 55601(c) of title 46](/usc/46/55601.md?p=c) (including an inland waterway corridor), if the [Secretary](/usc/23/101.md?p=a-27) determines that the [project](/usc/23/101.md?p=a-20)—
        - (I) is functionally connected to the [National Highway Freight Network](/usc/23/101.md?p=a-15); and
        - (II) is likely to reduce on-road mobile source emissions; or
      - (viii) a [highway](/usc/23/101.md?p=a-11), bridge, or freight [project](/usc/23/101.md?p=a-20) carried out on the National Multimodal Freight Network established under [section 70103 of title 49](/usc/49/70103.md); and
    - (B) has eligible [project](/usc/23/101.md?p=a-20) costs that are reasonably anticipated to equal or exceed the lesser of—
      - (i) $100,000,000; or
      - (ii) in the case of a [project](/usc/23/101.md?p=a-20)—
        - (I) located in 1 [State](/usc/23/101.md?p=a-28), 30 percent of the amount apportioned under this chapter to the [State](/usc/23/101.md?p=a-28) in the most recently completed fiscal year; or
        - (II) located in more than 1 [State](/usc/23/101.md?p=a-28), 50 percent of the amount apportioned under this chapter to the participating [State](/usc/23/101.md?p=a-28) with the largest [apportionment](/usc/23/101.md?p=a-1) under this chapter in the most recently completed fiscal year.
  - (2) **Limitation.—**
    - (A) **In general.—** Not more than 30 percent of the amounts made available for grants under this section for each of fiscal years 2022 through 2026 may be used to make grants for [projects](/usc/23/101.md?p=a-20) described in [paragraph (1)(A)(iii)](#d-1-A-iii) and such a [project](/usc/23/101.md?p=a-20) may only receive a grant under this section if—
      - (i) the [project](/usc/23/101.md?p=a-20) will make a significant improvement to freight movements on the [National Highway Freight Network](/usc/23/101.md?p=a-15); and
      - (ii) the Federal share of the [project](/usc/23/101.md?p=a-20) funds only elements of the [project](/usc/23/101.md?p=a-20) that provide public benefits.
    - (B) **Exclusions.—** The limitation under [subparagraph (A)](#d-2-A)—
      - (i) shall not apply to a railway-[highway](/usc/23/101.md?p=a-11) grade crossing or grade separation [project](/usc/23/101.md?p=a-20); and
      - (ii) with respect to a multimodal [project](/usc/23/101.md?p=a-20), shall apply only to the non-[highway](/usc/23/101.md?p=a-11) portion or portions of the [project](/usc/23/101.md?p=a-20).
- (e) **Small Projects.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall reserve not less than 15 percent of the amounts made available for grants under this section each fiscal year to make grants for [projects](/usc/23/101.md?p=a-20) described in [subsection (d)(1)(A)](#d-1-A) that do not satisfy the minimum threshold under [subsection (d)(1)(B)](#d-1-B).
  - (2) **Grant amount.—** Each grant made under this subsection shall be in an amount that is at least $5,000,000.
  - (3) **Project selection considerations.—** In addition to other applicable requirements, in making grants under this subsection the [Secretary](/usc/23/101.md?p=a-27) shall consider—
    - (A) the cost effectiveness of the proposed [project](/usc/23/101.md?p=a-20);
    - (B) the effect of the proposed [project](/usc/23/101.md?p=a-20) on mobility in the [State](/usc/23/101.md?p=a-28) and region in which the [project](/usc/23/101.md?p=a-20) is carried out; and
    - (C) the effect of the proposed [project](/usc/23/101.md?p=a-20) on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.
  - (4) **Requirement.—** Of the amounts reserved under [paragraph (1)](#e-1), not less than 30 percent shall be used for [projects](/usc/23/101.md?p=a-20) in [rural areas](/usc/23/101.md?p=a-25) (as defined in [subsection (i)(3)](#i-3)).
- (f) **Eligible Project Costs.—** Grant amounts received for a [project](/usc/23/101.md?p=a-20) under this section may be used for—
  - (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
  - (2) [construction](/usc/23/101.md?p=a-4), reconstruction, rehabilitation, acquisition of real property (including land related to the [project](/usc/23/101.md?p=a-20) and improvements to the land), environmental mitigation (including a [project](/usc/23/101.md?p=a-20) to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), [construction](/usc/23/101.md?p=a-4) contingencies, acquisition of equipment, and [operational improvements](/usc/23/101.md?p=a-19) directly related to improving system performance.
- (g) **Project Requirements.—** The [Secretary](/usc/23/101.md?p=a-27) may select a [project](/usc/23/101.md?p=a-20) described under this section (other than [subsection (e)](#e)) for funding under this section only if the [Secretary](/usc/23/101.md?p=a-27) determines that—
  - (1) the [project](/usc/23/101.md?p=a-20) will generate national or regional economic, mobility, or safety benefits;
  - (2) the [project](/usc/23/101.md?p=a-20) will be cost effective;
  - (3) the [project](/usc/23/101.md?p=a-20) will contribute to the accomplishment of 1 or more of the national goals described under [section 150 of this title](/usc/23/150.md);
  - (4) the [project](/usc/23/101.md?p=a-20) is based on the results of preliminary engineering;
  - (5) with respect to related non-Federal financial commitments—
    - (A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the [project](/usc/23/101.md?p=a-20); and
    - (B) contingency amounts are available to cover unanticipated cost increases;
  - (6) the [project](/usc/23/101.md?p=a-20) cannot be easily and efficiently completed without other Federal funding or financial assistance available to the [project](/usc/23/101.md?p=a-20) sponsor; and
  - (7) the [project](/usc/23/101.md?p=a-20) is reasonably expected to begin [construction](/usc/23/101.md?p=a-4) not later than 18 months after the date of obligation of funds for the [project](/usc/23/101.md?p=a-20).
- (h) **Additional Considerations.—** In making a grant under this section, the [Secretary](/usc/23/101.md?p=a-27) shall consider—
  - (1) utilization of nontraditional financing, innovative design and [construction](/usc/23/101.md?p=a-4) techniques, or innovative technologies;
  - (2) utilization of non-Federal contributions;
  - (3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities;
  - (4) enhancement of freight [resilience](/usc/23/101.md?p=a-24) to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;
  - (5) whether the [project](/usc/23/101.md?p=a-20) will improve the shared transportation corridor of a multistate corridor organization, if applicable; and
  - (6) prioritizing [projects](/usc/23/101.md?p=a-20) located in [States](/usc/23/101.md?p=a-28) in which neither the [State](/usc/23/101.md?p=a-28) nor an eligible entity in that [State](/usc/23/101.md?p=a-28) has been awarded a grant under this section.
- (i) **Rural Areas.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under [subsection (e)](#e), each fiscal year to make grants for [projects](/usc/23/101.md?p=a-20) located in [rural areas](/usc/23/101.md?p=a-25).
  - (2) **Excess funding.—** In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under [paragraph (1)](#i-1) to be fully utilized, the [Secretary](/usc/23/101.md?p=a-27) shall use the unutilized amounts to make grants under [subsection (e)](#e).
  - (3) **Rural area defined.—** In this subsection, the term “rural area” means an area that is outside an [urbanized area](/usc/23/101.md?p=a-36) with a population of over 200,000.
- (j) **Federal Assistance.—**
  - (1) **Federal share.—**
    - (A) **In general.—** Except as provided in [subparagraph (B)](#j-1-B) or for a grant under [subsection (q)](#q), the Federal share of the cost of a [project](/usc/23/101.md?p=a-20) assisted with a grant under this section may not exceed 60 percent.
    - (B) **Small projects.—** In the case of a [project](/usc/23/101.md?p=a-20) described in [subsection (e)(1)](#e-1), the Federal share of the cost of the [project](/usc/23/101.md?p=a-20) shall be 80 percent.
  - (2) **Maximum federal involvement.—** Except for grants under [subsection (q)](#q), Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a [project](/usc/23/101.md?p=a-20) for which such a grant is made, except that—
    - (A) for a [State](/usc/23/101.md?p=a-28) with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a [project](/usc/23/101.md?p=a-20) receiving a grant under this section shall be the applicable share under [section 120(b)](/usc/23/120.md?p=b); and
    - (B) for a [State](/usc/23/101.md?p=a-28) not described in [subparagraph (A)](#j-2-A), the total Federal assistance provided for a [project](/usc/23/101.md?p=a-20) receiving a grant under this section may not exceed 80 percent of the total [project](/usc/23/101.md?p=a-20) cost.
  - (3) **Federal land management agencies.—** Notwithstanding any other provision of law, any Federal funds other than those made available under this title or [title 49](/usc/49.md) may be used to pay the non-Federal share of the cost of a [project](/usc/23/101.md?p=a-20) carried out under this section by a Federal land management agency, as described under [subsection (c)(1)(F)](#c-1-F).
- (k) **Efficient Use of Non-Federal Funds.—**
  - (1) **In general.—** Notwithstanding any other provision of law and subject to approval by the [Secretary](/usc/23/101.md?p=a-27) under [paragraph (2)(B)](#k-2-B), in the case of any grant for a [project](/usc/23/101.md?p=a-20) under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—
    - (A) the grant recipient may obligate and expend non-Federal funds with respect to the [project](/usc/23/101.md?p=a-20) for which the grant is provided; and
    - (B) any non-Federal funds obligated or expended in accordance with [subparagraph (A)](#k-1-A) shall be credited toward the non-Federal cost share for the [project](/usc/23/101.md?p=a-20) for which the grant is provided.
  - (2) **Requirements.—**
    - (A) **Application.—** In order to obligate and expend non-Federal funds under [paragraph (1)](#k-1), the grant recipient shall submit to the [Secretary](/usc/23/101.md?p=a-27) a request to obligate and expend non-Federal funds under that paragraph, including—
      - (i) a description of the activities the grant recipient intends to fund;
      - (ii) a justification for advancing the activities described in [clause (i)](#k-2-A-i), including an assessment of the effects to the [project](/usc/23/101.md?p=a-20) scope, schedule, and budget if the request is not approved; and
      - (iii) the level of risk of the activities described in [clause (i)](#k-2-A-i).
    - (B) **Approval.—** The [Secretary](/usc/23/101.md?p=a-27) shall approve or disapprove each request submitted under [subparagraph (A)](#k-2-A).
    - (C) **Compliance with applicable requirements.—** Any non-Federal funds obligated or expended under [paragraph (1)](#k-1) shall comply with all applicable requirements, including any requirements included in the grant agreement.
  - (3) **Effect.—** The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—
    - (A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;
    - (B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or
    - (C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the [project](/usc/23/101.md?p=a-20) for which the grant is provided after the period described in [paragraph (1)](#k-1).
- (l) **Treatment of Freight Projects.—** Notwithstanding any other provision of law, a freight [project](/usc/23/101.md?p=a-20) carried out under this section shall be treated as if the [project](/usc/23/101.md?p=a-20) is located on a [Federal-aid highway](/usc/23/101.md?p=a-6).
- (m) **TIFIA Program.—** At the request of an eligible applicant under this section, the [Secretary](/usc/23/101.md?p=a-27) may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under [chapter 6](/usc/23/chch6.md) with respect to the [project](/usc/23/101.md?p=a-20) for which the grant was awarded.
- (n) **Congressional Notification.—**
  - (1) **In general.—** Not later than 60 days before the date on which a grant is provided for a [project](/usc/23/101.md?p=a-20) under this section, the [Secretary](/usc/23/101.md?p=a-27) shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—
    - (A) an evaluation and justification for the applicable [project](/usc/23/101.md?p=a-20); and
    - (B) a description of the amount of the proposed grant award.
  - (2) **Congressional disapproval.—** The [Secretary](/usc/23/101.md?p=a-27) may not make a grant or any other obligation or commitment to fund a [project](/usc/23/101.md?p=a-20) under this section if a joint resolution is enacted disapproving funding for the [project](/usc/23/101.md?p=a-20) before the last day of the 60-day period described in [paragraph (1)](#n-1).
- (o) **Applicant Notification.—**
  - (1) **In general.—** Not later than 60 days after the date on which a grant recipient for a [project](/usc/23/101.md?p=a-20) under this section is selected, the [Secretary](/usc/23/101.md?p=a-27) shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.
  - (2) **Inclusion.—** A written notification under [paragraph (1)](#o-1) shall include an offer for a written or telephonic debrief by the [Secretary](/usc/23/101.md?p=a-27) that will provide—
    - (A) detail on the evaluation of the application of the eligible applicant; and
    - (B) an explanation of and guidance on the reasons the application was not selected for a grant under this section.
  - (3) **Response.—**
    - (A) **In general.—** Not later than 30 days after the eligible applicant receives a written notification under [paragraph (1)](#o-1), if the eligible applicant opts to receive a debrief described in [paragraph (2)](#o-2), the eligible applicant shall notify the [Secretary](/usc/23/101.md?p=a-27) that the eligible applicant is requesting a debrief.
    - (B) **Debrief.—** If the eligible applicant submits a request for a debrief under [subparagraph (A)](#o-3-A), the [Secretary](/usc/23/101.md?p=a-27) shall provide the debrief by not later than 60 days after the date on which the [Secretary](/usc/23/101.md?p=a-27) receives the request for a debrief.
- (p) **Reports.—**
  - (1) **Annual report.—**
    - (A) **In general.—** Notwithstanding any other provision of law, not later than 30 days after the date on which the [Secretary](/usc/23/101.md?p=a-27) selects a [project](/usc/23/101.md?p=a-20) for funding under this section, the [Secretary](/usc/23/101.md?p=a-27) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the [project](/usc/23/101.md?p=a-20), based on any criteria established by the [Secretary](/usc/23/101.md?p=a-27) in accordance with this section.
    - (B) **Inclusions.—** The report submitted under [subparagraph (A)](#p-1-A) shall specify each criterion established by the [Secretary](/usc/23/101.md?p=a-27) that the [project](/usc/23/101.md?p=a-20) meets.
    - (C) **Availability.—** The [Secretary](/usc/23/101.md?p=a-27) shall make available on the website of the Department of Transportation the report submitted under [subparagraph (A)](#p-1-A).
    - (D) **Applicability.—** This paragraph applies to all [projects](/usc/23/101.md?p=a-20) described in [subparagraph (A)](#p-1-A) that the [Secretary](/usc/23/101.md?p=a-27) selects on or after October 1, 2021.
  - (2) **Comptroller general.—**
    - (A) **Assessment.—** The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of [projects](/usc/23/101.md?p=a-20) under this section.
    - (B) **Report.—** Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each [project](/usc/23/101.md?p=a-20) selected to receive funding under this section—
      - (i) the process by which each [project](/usc/23/101.md?p=a-20) was selected;
      - (ii) the factors that went into the selection of each [project](/usc/23/101.md?p=a-20); and
      - (iii) the justification for the selection of each [project](/usc/23/101.md?p=a-20) based on any criteria established by the [Secretary](/usc/23/101.md?p=a-27) in accordance with this section.
  - (3) **Inspector general.—** Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall—
    - (A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of [projects](/usc/23/101.md?p=a-20) under this section; and
    - (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under [subparagraph (A)](#p-3-A).
- (q) **State Incentives Pilot Program.—**
  - (1) **Establishment.—** There is established a pilot program to award grants to eligible applicants for [projects](/usc/23/101.md?p=a-20) eligible for grants under this section (referred to in this subsection as the “pilot program”).
  - (2) **Priority.—** In awarding grants under the pilot program, the [Secretary](/usc/23/101.md?p=a-27) shall give priority to an application that offers a greater non-Federal share of the cost of a [project](/usc/23/101.md?p=a-20) relative to other applications under the pilot program.
  - (3) **Federal share.—**
    - (A) **In general.—** Notwithstanding any other provision of law, the Federal share of the cost of a [project](/usc/23/101.md?p=a-20) assisted with a grant under the pilot program may not exceed 50 percent.
    - (B) **No federal involvement.—**
      - (i) **In general.—** For grants awarded under the pilot program, except as provided in [clause (ii)](#q-3-B-ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under [subparagraph (A)](#q-3-A).
      - (ii) **Exception.—** An eligible applicant may use funds from a secured loan (as defined in [section 601(a)](/usc/23/601.md?p=a)) to satisfy the non-Federal share of the cost under [subparagraph (A)](#q-3-A) if the loan is repayable from non-Federal funds.
  - (4) **Reservation.—**
    - (A) **In general.—** Of the amounts made available to provide grants under this section, the [Secretary](/usc/23/101.md?p=a-27) shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.
    - (B) **Unutilized amounts.—** In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under [subparagraph (A)](#q-4-A), the [Secretary](/usc/23/101.md?p=a-27) shall use the unutilized amounts to provide other grants under this section.
  - (5) **Set-asides.—**
    - (A) **Small projects.—**
      - (i) **In general.—** Of the amounts reserved under [paragraph (4)(A)](#q-4-A), the [Secretary](/usc/23/101.md?p=a-27) shall reserve for each fiscal year not less than 10 percent for [projects](/usc/23/101.md?p=a-20) eligible for a grant under [subsection (e)](#e).
      - (ii) **Requirement.—** For a grant awarded from the amount reserved under [clause (i)](#q-5-A-i)—
        - (I) the requirements of [subsection (e)](#e) shall apply; and
        - (II) the requirements of [subsection (g)](#g) shall not apply.
    - (B) **Rural projects.—**
      - (i) **In general.—** Of the amounts reserved under [paragraph (4)(A)](#q-4-A), the [Secretary](/usc/23/101.md?p=a-27) shall reserve for each fiscal year not less than 25 percent for [projects](/usc/23/101.md?p=a-20) eligible for a grant under [subsection (i)](#i).
      - (ii) **Requirement.—** For a grant awarded from the amount reserved under [clause (i)](#q-5-B-i), the requirements of [subsection (i)](#i) shall apply.
  - (6) **Report to congress.—** Not later than 2 years after the date of enactment of this subsection, the [Secretary](/usc/23/101.md?p=a-27) shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—
    - (A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program;
    - (B) the number, types, and locations of grant recipients under the pilot program;
    - (C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and
    - (D) any recommendations for modifications to the pilot program.
- (r) **Multistate Corridor Organization Defined.—** For purposes of this section, the term “multistate corridor organization” means an organization of a group of [States](/usc/23/101.md?p=a-28) developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared [project](/usc/23/101.md?p=a-20) implementation for programs and [projects](/usc/23/101.md?p=a-20) to improve transportation system management and operations for a shared transportation corridor.
- (s) **Additional Authorization of Appropriations.—** In addition to amounts made available from the [Highway](/usc/23/101.md?p=a-11) Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated—
  - (1) $1,000,000,000 for fiscal year 2022;
  - (2) $1,100,000,000 for fiscal year 2023;
  - (3) $1,200,000,000 for fiscal year 2024;
  - (4) $1,300,000,000 for fiscal year 2025; and
  - (5) $1,400,000,000 for fiscal year 2026.

## Source credit

(Added Pub. L. 114–94, div. A, title I, § 1105(a), Dec. 4, 2015, 129 Stat. 1332; amended Pub. L. 116–159, div. B, title I, § 1102, Oct. 1, 2020, 134 Stat. 726; Pub. L. 117–58, div. A, title I, § 11110(a), Nov. 15, 2021, 135 Stat. 468.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (p)(2)(B), (3) and (q)(6), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.

### Prior Provisions

A prior section 117, added Pub. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255; amended Pub. L. 106–346, § 101(a) [title III, § 363], Oct. 23, 2000, 114 Stat. 1356, 1356A–36; Pub. L. 109–59, title I, § 1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Pub. L. 110–244, title I, § 101(k), June 6, 2008, 122 Stat. 1574, related to high priority projects program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012.

Another prior section 117, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 93–87, title I, § 116(a), Aug. 13, 1973, 87 Stat. 258; Pub. L. 94–280, title I, § 116, May 5, 1976, 90 Stat. 436; Pub. L. 97–449, § 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102–240, title I, § 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Pub. L. 105–178, title I, § 1601(a), June 9, 1998, 112 Stat. 255.

### Amendments

2021—Pub. L. 117–58, § 11110(a)(1), inserted “multimodal” before “freight” in section catchline.

Subsec. (a)(2)(A). Pub. L. 117–58, § 11110(a)(2)(A), inserted “in and across rural and urban areas” after “people”.

Subsec. (a)(2)(C). Pub. L. 117–58, § 11110(a)(2)(B), inserted “or freight” after “highway”.

Subsec. (a)(2)(E). Pub. L. 117–58, § 11110(a)(2)(C), inserted “or freight” after “highway”.

Subsec. (a)(2)(F). Pub. L. 117–58, § 11110(a)(2)(D), inserted “, including highways that support movement of energy equipment” after “security”.

Subsec. (b)(3). Pub. L. 117–58, § 11110(a)(3), added par. (3).

Subsec. (c)(1)(H), (I). Pub. L. 117–58, § 11110(a)(4), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (d)(1)(A)(v) to (viii). Pub. L. 117–58, § 11110(a)(5)(A), added cls. (v) to (viii).

Subsec. (d)(2)(A). Pub. L. 117–58, § 11110(a)(5)(B)(ii), which directed substitution of “each of fiscal years 2022 through 2026” for “fiscal years 2016 through 2020, in the aggregate,” in introductory provisions, was executed by making the substitution for “fiscal years 2016 through 2021, in the aggregate,” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–159. See 2020 Amendment note below.

Pub. L. 117–58, § 11110(a)(5)(B)(i), substituted “30 percent” for “$600,000,000” in introductory provisions.

Subsec. (e)(1). Pub. L. 117–58, § 11110(a)(6)(A), substituted “not less than 15 percent” for “10 percent”.

Subsec. (e)(3)(C). Pub. L. 117–58, § 11110(a)(6)(B), added subpar. (C).

Subsec. (e)(4). Pub. L. 117–58, § 11110(a)(6)(C), added par. (4).

Subsec. (f)(2). Pub. L. 117–58, § 11110(a)(7), inserted “(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)” after “environmental mitigation”.

Subsec. (h)(4) to (6). Pub. L. 117–58, § 11110(a)(8), added pars. (4) to (6).

Subsec. (i)(2). Pub. L. 117–58, § 11110(a)(9), substituted “grants under subsection (e)” for “other grants under this section”.

Subsec. (j). Pub. L. 117–58, § 11110(a)(10)(A), substituted “Federal Assistance” for “Federal Share” in heading.

Subsec. (j)(1). Pub. L. 117–58, § 11110(a)(10)(A), (B), substituted “Federal share” for “In general” in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share” for “The Federal share”, and added subpar. (B).

Subsec. (j)(2). Pub. L. 117–58, § 11110(a)(10)(C), substituted “Except for grants under subsection (q), Federal assistance other” for “Federal assistance other”, inserted dash after “except that”, added subpar. (A), and inserted subpar. (B) designation and “for a State not described in subparagraph (A),” before “the total Federal”.

Subsecs. (k) to (n). Pub. L. 117–58, § 11110(a)(11), (12), added subsec. (k) and redesignated former subsecs. (k) to (m) as (l) to (n), respectively. Former subsec. (n) redesignated (p) and subsequently struck out.

Subsec. (n)(1). Pub. L. 117–58, § 11110(a)(13), added par. (1) and struck out former par. (1) which related to congressional notification regarding certain grants.

Subsec. (o). Pub. L. 117–58, § 11110(a)(14), added subsec. (o).

Subsec. (p). Pub. L. 117–58, § 11110(a)(11), (15), redesignated subsec. (n) as (p), struck it out, and added a new subsec. (p). Prior to amendment, subsec. related to annual reports on projects by the Secretary and assessments and reports by the Comptroller General.

Subsecs. (q) to (s). Pub. L. 117–58, § 11110(a)(15), added subsecs. (q) to (s).

2020—Subsec. (d)(2)(A). Pub. L. 116–159 substituted “$600,000,000” for “$500,000,000” and “2021” for “2020” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

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.

### Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

### Efficient Use of Non-Federal Funds

Pub. L. 117–58, div. A, title I, § 11110(c), Nov. 15, 2021, 135 Stat. 475, provided that: In general.—Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. Grant described.—A grant referred to in paragraph (1) is a grant that is— provided under a competitive discretionary grant program administered by the Federal Highway Administration; for a project eligible under title 23, United States Code; and in an amount greater than $5,000,000.”