23 USC § 203 - Availability of funds

Funds authorized for forest development roads and trails, public lands development roads and trails, park road, parkways, refuge roads, Indian reservation roads, and public lands highways shall be available for contract upon apportionment, or on October 1, of the fiscal year for which authorized if no apportionment is required. Any amount remaining unexpended for a period of three years after the close of the fiscal year for which authorized shall lapse. The Secretary of the Department charged with the administration of such funds is granted authority to incur obligations, approve projects, and enter into contracts under such authorizations and his action in doing so shall be deemed a contractual obligation of the United States for the payment of the cost thereof and such funds shall be deemed to have been expended when so obligated. Any funds heretofore or hereafter authorized for any fiscal year for forest development roads and trails, public lands development roads and trails, park road, parkways, refuge roads, Indian roads, and public lands highways shall be deemed to have been expended if a sum equal to the total of the sums authorized for such fiscal year and previous fiscal years since and including the fiscal year ending June 30, 1955, shall have been obligated. Any of such funds released by payment of final voucher or modification of project authorizations shall be credited to the balance of unobligated authorizations and be immediately available for expenditure. Notwithstanding any other provision of law, the authorization by the Secretary of engineering and related work for a Federal lands highways program project, or the approval by the Secretary of plans, specifications, and estimates for construction of a Federal lands highways program project, shall be deemed to constitute a contractual obligation of the Federal Government to pay the Federal share of the cost of the project.

Source

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 86–657, § 8(b),July 14, 1960, 74 Stat. 524; Pub. L. 87–866, § 7,Oct. 23, 1962, 76 Stat. 1147; Pub. L. 94–280, title I, § 117(b),May 5, 1976, 90 Stat. 437; Pub. L. 97–424, title I, § 126(f),Jan. 6, 1983, 96 Stat. 2116; Pub. L. 102–240, title I, § 1032(f),Dec. 18, 1991, 105 Stat. 1975; Pub. L. 105–178, title I, § 1115(c), (e)(3),June 9, 1998, 112 Stat. 156, 158.)

Amendments

1998—Pub. L. 105–178substituted “for forest development roads and trails” for “for, forest development roads and trails” in two places, inserted “refuge roads,” after “parkways,” in two places, and inserted at end “Notwithstanding any other provision of law, the authorization by the Secretary of engineering and related work for a Federal lands highways program project, or the approval by the Secretary of plans, specifications, and estimates for construction of a Federal lands highways program project, shall be deemed to constitute a contractual obligation of the Federal Government to pay the Federal share of the cost of the project.”

1991—Pub. L. 102–240struck out “forest highways” before “, forest development roads” in two places.

1983—Pub. L. 97–424substituted “park road” for “park roads and trails” wherever appearing.

1976—Pub. L. 94–280substituted “or on October 1” for “or a date not earlier than one year preceding the beginning” in first sentence and “three years” for “two years” in second sentence.

1962—Pub. L. 87–866inserted “public lands development roads and trails,” before “park roads and trails” in two places.

1960—Pub. L. 86–657substituted “Funds authorized” for “Funds now authorized” in first sentence.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–240effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 ofPub. L. 102–240, set out as a note under section 104 of this title.