---
kind: "section"
citation: "23 U.S.C. § 204"
title: "23"
title_heading: "Highways"
number: "204"
heading: "Federal lands access program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/204"
units:
  - "Chapter 2 — Other Highways"
---

# §204. Federal lands access program

- (a) **Use of Funds.—**
  - (1) **In general.—** Funds made available under the Federal lands access program shall be used by the [Secretary](/usc/23/101.md?p=a-27) of Transportation and the [Secretary](/usc/23/101.md?p=a-27) of the appropriate Federal land management agency to pay the cost of—
    - (A) transportation planning, research, engineering, preventive [maintenance](/usc/23/101.md?p=a-13), rehabilitation, restoration, context-sensitive solutions, [construction](/usc/23/101.md?p=a-4), and reconstruction of [Federal lands access transportation facilities](/usc/23/101.md?p=a-7) located on or adjacent to, or that provide access to, Federal land, and—
      - (i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;
      - (ii) acquisition of necessary scenic easements and scenic or historic sites;
      - (iii) provisions for pedestrians and bicycles;
      - (iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
      - (v) [construction](/usc/23/101.md?p=a-4) and reconstruction of roadside rest areas, including sanitary and water facilities;
      - (vi) contextual wayfinding markers;
      - (vii) landscaping;
      - (viii) cooperative mitigation of visual blight, including screening or removal; and
      - (ix) other appropriate [public road](/usc/23/101.md?p=a-23) facilities, as determined by the [Secretary](/usc/23/101.md?p=a-27);
    - (B) operation and [maintenance](/usc/23/101.md?p=a-13) of transit facilities; and
    - (C) any transportation [project](/usc/23/101.md?p=a-20) eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
  - (2) **Contract.—** In connection with an activity described in [paragraph (1)](#a-1), the [Secretary](/usc/23/101.md?p=a-27) and the [Secretary](/usc/23/101.md?p=a-27) of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
    - (A) a [State](/usc/23/101.md?p=a-28) (including a political subdivision of a [State](/usc/23/101.md?p=a-28)); or
    - (B) an Indian tribe.
  - (3) **Administration.—** All appropriations for the [construction](/usc/23/101.md?p=a-4) and improvement of [Federal lands access transportation facilities](/usc/23/101.md?p=a-7) shall be administered in conformity with regulations and agreements approved by the [Secretary](/usc/23/101.md?p=a-27).
  - (4) **Cooperation.—**
    - (A) **In general.—** The cooperation of [States](/usc/23/101.md?p=a-28), [counties](/usc/23/101.md?p=a-5), or other local subdivisions may be accepted in [construction](/usc/23/101.md?p=a-4) and improvement.
    - (B) **Funds received.—** Any funds received from a [State](/usc/23/101.md?p=a-28), [county](/usc/23/101.md?p=a-5), or local subdivision for a [Federal lands access transportation facility](/usc/23/101.md?p=a-7) [project](/usc/23/101.md?p=a-20) shall be credited to appropriations available under the Federal lands access program.
  - (5) **Competitive bidding.—**
    - (A) **In general.—** Subject to [subparagraph (B)](#a-5-B), [construction](/usc/23/101.md?p=a-4) of each [project](/usc/23/101.md?p=a-20) shall be performed by contract awarded by competitive bidding.
    - (B) **Exception.—** [Subparagraph (A)](#a-5-A) shall not apply if the [Secretary](/usc/23/101.md?p=a-27) or the [Secretary](/usc/23/101.md?p=a-27) of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the [project](/usc/23/101.md?p=a-20), a different method is in the public interest.
  - (6) **Native plant materials.—** In carrying out an activity described in [paragraph (1)](#a-1), the [Secretary](/usc/23/101.md?p=a-27) shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—
    - (A) the use of locally adapted native plant materials; and
    - (B) designs that minimize runoff and heat generation.
- (b) **Program Distributions.—**
  - (1) **In general.—** Funding made available to carry out the Federal lands access program shall be allocated among those [States](/usc/23/101.md?p=a-28) that have Federal land, in accordance with the following formula:
    - (A) 80 percent of the available funding for use in those [States](/usc/23/101.md?p=a-28) that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in [paragraph (2)](#b-2), to be distributed as follows:
      - (i) 30 percent in the ratio that—
        - (I) recreational visitation within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the recreational visitation within all such [States](/usc/23/101.md?p=a-28).
      - (ii) 5 percent in the ratio that—
        - (I) the Federal land area within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the Federal land area in all such [States](/usc/23/101.md?p=a-28).
      - (iii) 55 percent in the ratio that—
        - (I) the Federal [public road](/usc/23/101.md?p=a-23) miles within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the Federal [public road](/usc/23/101.md?p=a-23) miles in all such [States](/usc/23/101.md?p=a-28).
      - (iv) 10 percent in the ratio that—
        - (I) the number of Federal public bridges within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the number of Federal public bridges in all such [States](/usc/23/101.md?p=a-28).
    - (B) 20 percent of the available funding for use in those [States](/usc/23/101.md?p=a-28) that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in [paragraph (2)](#b-2), to be distributed as follows:
      - (i) 30 percent in the ratio that—
        - (I) recreational visitation within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the recreational visitation within all such [States](/usc/23/101.md?p=a-28).
      - (ii) 5 percent in the ratio that—
        - (I) the Federal land area within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the Federal land area in all such [States](/usc/23/101.md?p=a-28).
      - (iii) 55 percent in the ratio that—
        - (I) the Federal [public road](/usc/23/101.md?p=a-23) miles within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the Federal [public road](/usc/23/101.md?p=a-23) miles in all such [States](/usc/23/101.md?p=a-28).
      - (iv) 10 percent in the ratio that—
        - (I) the number of Federal public bridges within each such [State](/usc/23/101.md?p=a-28); bears to
        - (II) the number of Federal public bridges in all such [States](/usc/23/101.md?p=a-28).
  - (2) **Data source.—** Data necessary to distribute funding under [paragraph (1)](#b-1) shall be provided by the following Federal land management agencies:
    - (A) The National Park Service.
    - (B) The Forest Service.
    - (C) The United States Fish and Wildlife Service.
    - (D) The Bureau of Land Management.
    - (E) The Corps of Engineers.
- (c) **Programming Decisions Committee.—**
  - (1) **In general.—** Programming decisions shall be made within each [State](/usc/23/101.md?p=a-28) by a committee comprised of—
    - (A) a representative of the Federal [Highway](/usc/23/101.md?p=a-11) Administration;
    - (B) a representative of the State Department of Transportation; and
    - (C) a representative of any appropriate political subdivision of the [State](/usc/23/101.md?p=a-28).
  - (2) **Consultation requirement.—** The committee described in [paragraph (1)](#c-1) shall cooperate with each applicable Federal agency in each [State](/usc/23/101.md?p=a-28) before any joint discussion or final programming decision.
  - (3) **Project preference.—** In making a programming decision under [paragraph (1)](#c-1), the committee shall give preference to [projects](/usc/23/101.md?p=a-20) that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the [Secretaries](/usc/23/101.md?p=a-27) of the appropriate Federal land management agencies.

## Source credit

(Added Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 489; amended Pub. L. 117–58, div. A, title I, § 11113(b), Nov. 15, 2021, 135 Stat. 479.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 204, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97–424, title I, § 126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100–17, title I, § 133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–240, title I, §§ 1030, 1032(b), title VI, § 6004(c), Dec. 18, 1991, 105 Stat. 1970, 1974, 2169; Pub. L. 105–178, title I, § 1115(d), (e)(4), title V, § 5119(a), June 9, 1998, 112 Stat. 156, 158, 452; Pub. L. 109–59, title I, § 1119(h)–(k), Aug. 10, 2005, 119 Stat. 1187–1189, related to Federal lands highways program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.

### Amendments

2021—Subsec. (a)(1)(A). Pub. L. 117–58, § 11113(b)(1)(A), inserted “context-sensitive solutions,” after “restoration,” in introductory provisions.

Subsec. (a)(1)(A)(i). Pub. L. 117–58, § 11113(b)(1)(B), inserted “, including interpretive panels in or adjacent to those areas” after “areas”.

Subsec. (a)(1)(A)(vi) to (ix). Pub. L. 117–58, § 11113(b)(1)(C)–(E), added cls. (vi) to (viii) and redesignated former cl. (vi) as (ix).

Subsec. (a)(6). Pub. L. 117–58, § 11113(b)(2), added par. (6).

### 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, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.