23 U.S.C. § 115 Advance Construction

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 23 U.S.C. § 115

(a) IN GENERAL.-The Secretary may authorize a State to proceed with a project authorized under this title-

(1) without the use of Federal funds; and

(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project-

(A) with the aid of Federal funds previously apportioned or allocated to the State; or

(B) with obligation authority previously allocated to the State.

(b) OBLIGATION OF FEDERAL SHARE.-The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.

(c) INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM.-The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).

Cite as 23 U.S.C. § 115

Source: Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90-495, §25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93-643, §111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96-106, §4, Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-424, title I, §113, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100-17, title I, §113(a)-(d) (1), Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102-302, §103, June 22, 1992, 106 Stat. 252; Pub. L. 104-59, title III, §308, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105-178, title I, §§1103(l)(3)(A), 1106, title V, §5119(d), June 9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105-206, title IX, §9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109-59, title I, §1501(a), Aug. 10, 2005, 119 Stat. 1235; Pub. L. 110-244, title I, §101(j), June 6, 2008, 122 Stat. 1574; Pub. L. 117-58, div. A, title I, §11525(e), Nov. 15, 2021, 135 Stat. 607.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

2021-Subsec. (c). Pub. L. 117-58 substituted "section 135(g)" for "section 135(f)".

2008-Subsecs. (c), (d). Pub. L. 110-244 redesignated subsec. (d) as (c).

2005-Subsecs. (a), (b). Pub. L. 109-59, §1501(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to payment of the Federal share of the cost of congestion mitigation and air quality improvement, surface transportation, bridge, planning, and research projects and Interstate and National Highway System projects which have been subject to advance construction by a State.

Subsecs. (c), (d). Pub. L. 109-59, §1501(a)(1), redesignated subsec. (c) as (d).

1998-Subsec. (a). Pub. L. 105-178, §1106(c)(1)(A)(i), struck out "Substitute," before "Congestion" in heading.

Subsec. (a)(1)(A)(i). Pub. L. 105-178, §§1106(c)(1)(A)(ii), 5119, struck out "103(e)(4)(H)," after "under section" and substituted "or 505" for "or 307".

Subsec. (b). Pub. L. 105-178, §1226(a)(1), as added by Pub. L. 105-206, §9003(a), struck out designation and heading of par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and struck out former pars. (2) and (3), which related to bond interest for projects under construction on Jan. 1, 1983, and directed that Federal share of cost of construction would include amount of bond interest but not in excess of estimated costs over actual costs.