23 USC § 126 - Uniform transferability of Federal-aid highway funds

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(a) General Rule.— Notwithstanding any other provision of law but subject to subsections (b) and (c), if at least 50 percent of a State’s apportionment under section 104 or 144 for a fiscal year or at least 50 percent of the funds set-aside under section 133 (d) from the State’s apportionment under section 104 (b)(3) may not be transferred to any other apportionment of the State under section 104 or 144 for such fiscal year, then the State may transfer not to exceed 50 percent of such apportionment or set aside to any other apportionment of such State under section 104 or 144 for such fiscal year.

(b) Application to Certain Set-Asides.— No funds may be transferred under this section that are subject to the last sentence of section 133 (d)(1) ^[1] or to section 104 (f) or to section 133 (d)(3). The maximum amount that a State may transfer under this section of the State’s set-aside under section 133 (d)(1) ^[1] or 133 (d)(2) for a fiscal year may not exceed 25 percent of

(1) the amount of such set-aside, less

(2) the amount of the State’s set-aside under such section for fiscal year 1997.

(c) Application to Certain CMAQ Funds.— The maximum amount that a State may transfer under this section of the State’s apportionment under section 104 (b)(2) for a fiscal year may not exceed 50 percent of

(1) the amount of such apportionment, less

(2) the amount that the State’s apportionment under section 104 (b)(2) for such fiscal year would have been had the program been funded at $1,350,000,000. Any such funds apportioned under section 104 (b)(2) and transferred under this section may only be obligated in geographic areas eligible for the obligation of funds apportioned under section 104 (b)(2).

[1] See References in Text note below.

Source

(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.)

References in Text

Section 133 (d)(1), referred to in subsec. (b), was repealed by Pub. L. 109–59, title I, § 1113(b)(1),Aug. 10, 2005, 119 Stat. 1172.

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.

Amendments

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. 106–159renumbered section 110 of this title as this section.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, December 26, 2012

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

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You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

23 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 126	gen amd	2012	112-141 [Sec.] 1509(a)	126 Stat. 567

23 USC § 126 - Uniform transferability of Federal-aid highway funds

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