23 U.S. Code § 126 - Transferability of Federal-aid highway funds

(a) In General.—
Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
(b) Application to Certain Set-asides.—
(1) In general.—
Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.
(2) Funds transferred by states.—
Funds transferred by a State under this section of the funding reserved for the State under section 133(h) for a fiscal year may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h).
Editorial Notes
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.


2015—Subsec. (b)(1). Pub. L. 114–94, § 1446(a)(2), substituted “133(d)(1)(A)” for “133(d)”.

Subsec. (b)(2). Pub. L. 114–94, § 1109(c)(1), substituted “for the State under section 133(h)” for “for the State under section 213” and “of the State under section 133(h)” for “of the State under section 213(c)(1)(B)”.

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds.

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

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.