23 U.S. Code § 165 - Territorial and Puerto Rico highway program
(a) Division of Funds.— Of funds made available in a fiscal year for the territorial and Puerto Rico highway program—
(b) Puerto Rico Highway Program.—
(1) In general.— The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.
(2) Treatment of funds.— Amounts made available to carry out this subsection for a fiscal year shall be administered as follows:
(i) In general.— For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104 (b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying—
(ii) Exception.— Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties.
(B) Penalty.— The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.
(C) Eligible uses of funds.— Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year—
(i) at least 50 percent shall be available only for purposes eligible under section 119;
(ii) at least 25 percent shall be available only for purposes eligible under section 148; and
(c) Territorial Highway Program.—
(1) Territory defined.— In this subsection, the term “territory” means any of the following territories of the United States:
(A) In general.— Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is—
(3) Technical assistance.—
(A) In general.— To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis—
(4) Nonapplicability of certain provisions.—
(A) In general.— Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection.
(A) In general.— Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall—
(i) implement the program in accordance with applicable provisions of this chapter and paragraph (4);
(ii) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are—
(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and
(B) Technical assistance.— The agreement required by subparagraph (A) shall—
(C) Review and revision of agreement.— The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years.
(D) Existing agreements.— With respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection—
(i) the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and
(6) Eligible uses of funds.—
(A) In general.— Funds made available under this subsection may be used only for the following projects and activities carried out in a territory:
(iii) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) ofsection 129.
(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.
Source(Added Pub. L. 109–59, title I, § 1120(a),Aug. 10, 2005, 119 Stat. 1191; amended Pub. L. 112–141, div. A, title I, § 1114(a),July 6, 2012, 126 Stat. 464.)
References in Text
Section 215 as in effect on the day before the enactment of this section and section 215 of this title as in effect on the day before the date of enactment of this subsection, referred to in subsec. (c)(5)(A), (D), probably mean section 215 of this title as in effect on the day before the date of enactment of Pub. L. 112–141, which was approved July 6, 2012, and which amended this section generally and repealed section 215.
2012—Pub. L. 112–141amended section generally. Prior to amendment, section related to Puerto Rico highway program.
Effective Date of 2012 Amendment
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