2021 US Code
Title 23 - Highways
Chapter 1 - Federal-Aid Highways
Sec. 126 - Transferability of Federal-aid highway funds
23 U.S.C. § 126 (2021) |
§126. Transferability of Federal-aid highway funds |
(a) In General.—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. (b) Application to Certain Set-asides.— (1) In general.—Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section. (2) Funds transferred by states.—Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year— (A) may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and (B) may only be transferred if the Secretary certifies that the State— (i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; (ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and (iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred. |
(Added Pub. L. 105–178, title I, §1310(a), June 9, 1998, 112 Stat. 234, §110; renumbered §126, Pub. L. 106–159, title I, §102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109–59, title I, §1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, §1509(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, 1437; Pub. L. 117–58, div. A, title I, §11109(b)(2), Nov. 15, 2021, 135 Stat. 468.) |
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 93–87, title I, §152(3), Aug. 13, 1973, 87 Stat. 276, related to providing Federal aid for highway construction only to States that used at least amounts provided by law on June 18, 1934, for such purposes, prior to repeal by Pub. L. 105–178, title I, §1226(d), as added by Pub. L. 105–206, title IX, §9003(a), July 22, 1998, 112 Stat. 837. AMENDMENTS2021—Subsec. (b)(2). Pub. L. 117–58, §11109(b)(2)(A), (B), which directed substitution of "set aside for a State under section 133(h) for a fiscal year— "(A) may" for "reserved for a State under section 133(h) for a fiscal year may", was executed by making the substitution for "reserved for the State under section 133(h) for a fiscal year may" to reflect the probable intent of Congress. Subsec. (b)(2)(B). Pub. L. 117–58, §11109(b)(2)(A), (C), added subpar. (B). 2015—Subsec. (b)(1). Pub. L. 114–94, §1446(a)(2), substituted "133(d)(1)(A)" for "133(d)". Subsec. (b)(2). Pub. L. 114–94, §1109(c)(1), substituted "for the State under section 133(h)" for "for the State under section 213" and "of the State under section 133(h)" for "of the State under section 213(c)(1)(B)". 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds. 2005—Subsec. (a). Pub. L. 109–59, which directed insertion of "under" after "State's apportionment", was executed by making the insertion after "State's apportionment" the second place it appeared, to reflect the probable intent of Congress. 1999—Pub. L. 106–159 renumbered section 110 of this title as this section. 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 OF 2015 AMENDMENTAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112–141 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. |
United States Code, 2018 Edition, Supplement 3, Title 23 - HIGHWAYS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 126 - Transferability of Federal-aid highway funds |
section 126 |
2021 |
January 3, 2022 |
Yes |
standard |
72 Stat. 901 87 Stat. 276 112 Stat. 234, 837 113 Stat. 1752 119 Stat. 1225 126 Stat. 567 129 Stat. 1343 135 Stat. 468 |
Public Law 85-767, Public Law 93-87, Public Law 105-178, Public Law 105-206, Public Law 106-159, Public Law 109-59, Public Law 112-141, Public Law 114-94, Public Law 117-58 |