23 U.S. Code § 201 - Federal lands and tribal transportation programs
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(a) Purpose.— Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
(b) Availability of Funds.—
(1) Availability.— Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
(2) Amount remaining.— Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
(3) Obligations.— The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
(A) In general.— Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.
(5) Applicability.— This section shall not apply to funds authorized before the date of enactment of this paragraph.
(6) Contractual obligation.—
(A) In general.— Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—
(7) Federal share.—
(A) Tribal and federal lands transportation program.— The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.
(B) Federal lands access program.— The Federal share of the cost of a project carried out under the Federal lands access program shall be determined in accordance with section 120.
(c) Transportation Planning.—
(1) Transportation planning procedures.— In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.
(2) Approval of transportation improvement program.— The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.
(3) Inclusion in other plans.— Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—
(4) Inclusion in state programs.— The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.
(5) Asset management.— The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.
(6) Data collection.—
(A) Data collection.— The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—
(i) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and
(7) Administrative expenses.— To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.
(d) Reimbursable Agreements.— In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—
(1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and
(1) In general.— To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—
Source(Added Pub. L. 112–141, div. A, title I, § 1119(a),July 6, 2012, 126 Stat. 473.)
References in Text
The date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, 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.
A prior section 201,Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97–424, title I, § 126(f),Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105–178, title I, § 1115(e)(1),June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a),July 6, 2012, 126 Stat. 473.
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