23-U.S.C.-126
§126 – Transferability of Federal-Aid Highway Funds
Pathway
Title 23 > Chapter 1 > Section 126
Details
- Reference: Section 126
- Legend: §126 – Transferability of Federal-Aid Highway Funds
- USCode Year: 2013
Provision Content
(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) 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 213 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 213(c)(1)(B).
(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; Pub. L. 112–141, div. A, title I, §1509(a), July 6, 2012, 126 Stat. 567.)
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
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 States apportionment, was executed by making the insertion after States 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.
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.
U.S. Encyclopedia of Law Coverage
23-U.S.C.-109 in the Legal Encyclopedia: Highways
In this entry about 23-U.S.C.-109, find legal reference material, bibliographies and premiere content related to highways in the American Encyclopedia of Law, presenting a comprehensive view of the United States highways-specific issues, written by authorities in the field.
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