U.S. Code, Title 23, Highways

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 202. Allocations

     (a) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest development roads and trails according to the relative needs of the various national forests. Such allocation shall be consistent with the renewable resource and land use planning for the various national forests.

     (b) On October 1 of each fiscal year, the Secretary shall allocate 34 percent of the sums authorized to be appropriated for such fiscal year for public lands highways among those States having unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, on the basis of need in such States, respectively, as determined by the Secretary upon application of the State transportation departments of the respective States. The Secretary shall give preference to those projects which are significantly impacted by Federal land and resource management activities which are proposed by a State which contains at least 3 percent of the total public lands in the Nation. The Secretary shall allocate 66 percent of the remainder of the authorization for public lands highways for each fiscal year as is provided in section 134 of the Federal-Aid Highway Act of 1987, and with respect to these allocations the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through renewable resources and land use planning and the impact of such planning on existing transportation facilities.

     (c) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for park roads and parkways each according to the relative needs of the various elements of the national park system, taking into consideration the need for access as identified through land use planning and the impact of such planning on existing transportation facilities.

     (d) Indian Reservation Roads.—

     (1) For fiscal years ending before october 1, 1999.—On October 1 of each fiscal year ending before October 1, 1999, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for Indian reservation roads according to the relative needs of the various reservations as jointly identified by the Secretary and the Secretary of the Interior.

     (2) Fiscal year 2000 and thereafter.—

     (A) In general.—All funds authorized to be appropriated for Indian reservation roads shall be allocated among Indian tribes for fiscal year 2000 and each subsequent fiscal year in accordance with a formula established by the Secretary of the Interior under a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.

     (B) Regulations.—Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall issue regulations governing the Indian reservation roads program, and establishing the funding formula for fiscal year 2000 and each subsequent fiscal year under this paragraph, in accordance with a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5. The regulations shall be issued in final form not later than April 1, 1999, and shall take effect not later than October 1, 1999.

     (C) Negotiated rulemaking committee.—In establishing a negotiated rulemaking committee to carry out subparagraph (B), the Secretary of the Interior shall—

     (i) apply the procedures under subchapter III of chapter 5 of title 5 in a manner that reflects the unique government-to-government relationship between the Indian tribes and the United States; and

     (ii) ensure that the membership of the committee includes only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes.

     (D) Basis for funding formula.—The funding formula established for fiscal year 2000 and each subsequent fiscal year under this paragraph shall be based on factors that reflect—

     (i) the relative needs of the Indian tribes, and reservation or tribal communities, for transportation assistance; and

     (ii) the relative administrative capacities of, and challenges faced by, various Indian tribes, including the cost of road construction in each Bureau of Indian Affairs area, geographic isolation and difficulty in maintaining all-weather access to employment, commerce, health, safety, and educational resources.

     (3) Contracts and agreements with indian tribes.—

     (A) In general.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available under this title for Indian reservation roads and for highway bridges located on Indian reservation roads to pay for the costs of programs, services, functions, and activities, or portions thereof, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any highway, road, bridge, parkway, or transit facility that provides access to or is located within the reservation or community of an Indian tribe shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with the Indian Self-Determination and Education Assistance Act.

     (B) Exclusion of agency participation.—Funds for programs, functions, services, or activities, or portions thereof, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A) without regard to the organizational level at which the Department of the Interior that has previously carried out such programs, functions, services, or activities.

     (4) Reservation of funds.—

     (A) Nationwide priority program.—The Secretary shall establish a nationwide priority program for improving deficient Indian reservation road bridges.

     (B) Reservation.—Of the amounts authorized to be appropriated for Indian reservation roads for each fiscal year, the Secretary, in cooperation with the Secretary of the Interior, shall reserve not less than $13,000,000 for projects to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions or install scour countermeasures for deficient Indian reservation road bridges, including multiple-pipe culverts.

     (C) Eligible bridges.—To be eligible to receive funding under this subsection, a bridge described in subparagraph (A) must—

     (i) have an opening of 20 feet or more;

     (ii) be on an Indian reservation road;

     (iii) be unsafe because of structural deficiencies, physical deterioration, or functional obsolescence; and

     (iv) be recorded in the national bridge inventory administered by the Secretary under subsection (b).

     (D) Approval requirement.—Funds to carry out Indian reservation road bridge projects under this subsection shall be made available only on approval of plans, specifications, and estimates by the Secretary.

     (e) Refuge Roads.—On October 1 of each fiscal year, the Secretary shall allocate the sums made available for that fiscal year for refuge roads according to the relative needs of the various refuges in the National Wildlife Refuge System, and taking into consideration—

     (1) the comprehensive conservation plan for each refuge;

     (2) the need for access as identified through land use planning; and

     (3) the impact of land use planning on existing transportation facilities.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 94–280, title I, § 133, May 5, 1976, 90 Stat. 441; Pub. L. 97–424, title I, § 126(a), Jan. 6, 1983, 96 Stat. 2113; Pub. L. 102–240, title I, § 1032(a), Dec. 18, 1991, 105 Stat. 1974; Pub. L. 105–178, title I, §§ 1115(b), (e)(2), (f)(2), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 154, 158, 193; Pub. L. 105–206, title IX, § 9002(i), July 22, 1998, 112 Stat. 836.)

References in Text

     Section 134 of the Federal-Aid Highway Act of 1987, referred to in subsec. (b), is section 134 of Pub. L. 100–17, which is set out below.

     The Indian Self-Determination and Education Assistance Act, referred to in subsec. (d)(3)(A), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

Amendments

     1998—Subsec. (b). Pub. L. 105–178, § 1212(a)(2)(A)(ii), substituted "State transportation departments" for "State highway departments".

     Subsec. (d). Pub. L. 105–178, § 1115(b), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted "ending before October 1, 1999" after "each fiscal year", and added pars. (2) to (4).

     Subsec. (d)(4)(B). Pub. L. 105–178, § 1115(f)(2), as added by Pub. L. 105–206, § 9002(i), substituted ", sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions" for "to, apply sodium acetate/formate de-icer to,".

     Subsec. (e). Pub. L. 105–178, § 1115(e)(2), added subsec. (e).

     1991—Subsec. (a). Pub. L. 102–240, § 1032(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: "On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest highways according to the relative needs of the various elements of the national forest system as determined by the Secretary, taking into consideration the need for access as identified by the Secretary of Agriculture through renewable resource and land use planning, and the impact of such planning on existing transportation facilities."

     Subsec. (b). Pub. L. 102–240, § 1032(a)(2)–(4), redesignated subsec. (c) as (b), inserted "34 percent of" after "allocate", and substituted for period at end "which are proposed by a State which contains at least 3 percent of the total public lands in the Nation. The Secretary shall allocate 66 percent of the remainder of the authorization for public lands highways for each fiscal year as is provided in section 134 of the Federal-Aid Highway Act of 1987, and with respect to these allocations the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through renewable resources and land use planning and the impact of such planning on existing transportation facilities." Former subsec. (b) redesignated (a).

     Subsecs. (c) to (e). Pub. L. 102–240, § 1032(a)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).

     1983—Subsec. (a). Pub. L. 97–424 substituted provisions relating to allocation of sums authorized to be appropriated by the Secretary for provisions relating to apportionment of sums authorized to be appropriated by the Secretary.

     Subsec. (b). Pub. L. 97–424 substituted provisions requiring allocation of sums on October 1 of each fiscal year to be consistent with renewable resource and land use planning for provisions requiring allocation of sums to take into consideration existing transportation facilities, value of resources served, fire danger, and road and trail construction difficulties.

     Subsec. (c). Pub. L. 97–424 inserted provisions requiring allocation of sums on October 1 of each fiscal year, and substituted provisions requiring preferences to be given to projects impacted by Federal land and resource management for provisions requiring preferences to be given to projects located on a Federal-aid system.

     Subsecs. (d), (e). Pub. L. 97–424 added subsecs. (d) and (e).

     1976—Subsec. (a). Pub. L. 94–280 substituted introductory "On October 1 of each fiscal year" for "On or before January 1 next preceding the commencement of each fiscal year".

Effective Date of 1998 Amendment

     Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.

Effective Date of 1991 Amendment

     Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.

Additional Authorization of Contract Authority for States With Indian Reservations

     Pub. L. 105–178, title I, § 1214(d), June 9, 1998, 112 Stat. 205, provided that:

     "(1) Availability to states.—Not later than October 1 of each fiscal year, funds made available under paragraph (5) for the fiscal year shall be made available by the Secretary, in equal amounts, to each State that has within the boundaries of the State all or part of an Indian reservation having a land area of 10,000,000 acres or more.

     "(2) Availability to eligible counties.—

"(A) In general.—Each fiscal year, each county that is located in a State to which funds are made available under paragraph (1), and that has in the county a public road described in subparagraph (B), shall be eligible to apply to the State for all or a portion of the funds made available to the State under this subsection to be used by the county to maintain such roads.

"(B) Roads.—A public road referred to in subparagraph (A) is a public road that—

     "(i) is within, adjacent to, or provides access to an Indian reservation described in paragraph (1);

     "(ii) is used by a school bus to transport children to or from a school or Headstart program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); and

     "(iii) is maintained by the county in which the public road is located.

"(C) Allocation among eligible counties.—

     "(i) In general.—Except as provided in clause (ii), each State that receives funds under paragraph (1) shall provide directly to each county that applies for funds the amount that the county requests in the application.

     "(ii) Allocation among eligible counties.—If the total amount of funds applied for under this subsection by eligible counties in a State exceeds the amount of funds available to the State, the State shall equitably allocate the funds among the eligible counties that apply for funds.

     "(3) Supplementary funding.—For each fiscal year, the Secretary shall ensure that funding made available under this subsection supplements (and does not supplant)—

"(A) any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations; and

"(B) any funding provided by a State to a county for road maintenance programs in the county.

     "(4) Use of unallocated funds.—Any portion of the funds made available to a State under this subsection that is not made available to counties within 1 year after the funds are made available to the State shall be apportioned among the States in accordance with section 104(b) of title 23, United States Code.

     "(5) Funding.—

"(A) In general.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $1,500,000 for each of fiscal years 1998 through 2003.

"(B) Contract authority.—Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code."

Indian Reservation Roads

     Section 1032(d) of Pub. L. 102–240 provided that: "Notwithstanding any other provision of law, funds allocated for Indian reservation roads may be used for the purpose of funding road projects on roads of tribally controlled postsecondary vocational institutions."

     Pub. L. 102–240, title I, § 1042, Dec. 18, 1991, 105 Stat. 1993, directed Secretary of Transportation to conduct a study on funding needs for Indian reservation roads and to report to Congress on results of the study not later than one year after Dec. 18, 1991, prior to repeal by Pub. L. 105–362, title XV, § 1501(c), Nov. 10, 1998, 112 Stat. 3294.

Study and Report on Method of Allocating Funds

     Section 1032(e) of Pub. L. 102–240 provided that: "The Secretary shall undertake a study to determine if the method for allocating funds authorized for Federal lands highways is adequate to meet the relative transportation needs of the Federal lands served. The report shall be submitted within 2 years of the date of the enactment of this Act [Dec. 18, 1991]."

Forest Highways

     Pub. L. 100–17, title I, § 134, Apr. 2, 1987, 101 Stat. 173, as amended by Pub. L. 100–202, § 101(l) [title III, § 348(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388, provided that: "Notwithstanding section 202(a) of title 23, United States Code, the Secretary shall, after making the transfer provided by section 204(g) of such title, as soon as practicable after the date of the enactment of this Act [Apr. 2, 1987] in fiscal year 1987 and on October 1 of each of fiscal years 1988, 1989, 1990, and 1991, allocate 66 percent of the remainder of the authorization for forest highways provided for such fiscal year by this Act [see Short Title of 1987 Amendment note set out under section 101 of this title] in the same percentage as the amounts allocated for expenditure in each State and the Commonwealth of Puerto Rico from funds authorized for forest highways for the fiscal year ending June 30, 1958, adjusted (1) to eliminate the 0.003243547 percent for the State of Iowa to the State by deed executed May 26, 1964, and (2) to redistribute the percentage formerly apportioned to the State of Iowa to other participating States on a proportional basis. The remaining funds authorized to be appropriated for forest highways for such fiscal year shall be allocated pursuant to section 202(a) of such title."

Section Referred to in Other Sections

     This section is referred to in section 134 of this title; title 49 section 5303.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 202. Allocations," U.S. Code, Title 23, Highways in U.S. Code, Title 23, Highways (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed October 4, 2022, http://www.originalsources.com/Document.aspx?DocID=LIRCRA17Z2DGZNV.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 202. Allocations." U.S. Code, Title 23, Highways, in U.S. Code, Title 23, Highways, Washington, D.C., Government Printing Office, 2002, Original Sources. 4 Oct. 2022. http://www.originalsources.com/Document.aspx?DocID=LIRCRA17Z2DGZNV.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 202. Allocations' in U.S. Code, Title 23, Highways. cited in 2002, U.S. Code, Title 23, Highways, Government Printing Office, Washington, D.C.. Original Sources, retrieved 4 October 2022, from http://www.originalsources.com/Document.aspx?DocID=LIRCRA17Z2DGZNV.