§ 124. — Advances to States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC124]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 124. Advances to States
If the Secretary shall determine that it is necessary for the
expeditious completion of projects on any of the Federal-aid systems,
including the Interstate System, he may advance to any State out of any
existing appropriations the Federal share of the cost of construction
thereof to enable the State transportation department to make prompt
payments for acquisition of rights-of-way, and for the construction as
it progresses. The sums so advanced shall be deposited in a special
revolving trust fund, by the State official authorized under the laws of
the State to receive Federal-aid highway funds, to be disbursed solely
upon vouchers approved by the State transportation department for
rights-of-way which have been or are being acquired, and for
construction which has been actually performed and approved by the
Secretary pursuant to this chapter. Upon determination by the Secretary
that any part of the funds advanced to any State under the provisions of
this section are no longer required, the amount of the advance, which is
determined to be in excess of current requirements of the State, shall
be repaid upon his demand, and such repayments shall be returned to the
credit of the appropriation from which the funds were advanced. Any sum
advanced and not repaid on demand shall be deducted from sums due the
State for the Federal pro rata share of the cost of construction of
Federal-aid projects.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95-599, title I,
Sec. 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105-178, title I,
Secs. 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub. L.
105-206, title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837.)
Amendments
1998--Pub. L. 105-178, Sec. 1226(c), as added by Pub. L. 105-206,
Sec. 9003(a), struck out subsec. (a) designation before ``If the
Secretary'' and struck out subsec. (b), which had: authorized advance of
100 per centum of cost of construction where Secretary determined that
toll bridge, toll tunnel, or approach thereto meeting section 129
requirements was necessary to complete essential gap in Interstate
System; provided repayment schedule; and directed that advance be made
from funds apportioned to State for Interstate System and that section
103(e)(4) provisions would not apply.
Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted ``State
transportation department'' for ``State highway department'' in two
places.
1978--Pub. L. 95-599 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.
Acceleration of Projects
Pub. L. 94-280, title I, Sec. 141, May 5, 1976, 90 Stat. 444, as
amended by Pub. L. 95-599, title I, Sec. 136, Nov. 6, 1978, 92 Stat.
2709, provided that: ``Not later than six months after the completion of
such project, the Secretary of Transportation shall submit a report to
Congress which includes, but is not limited to, a description of the
methods used to reduce the time necessary for the completion of such
project, recommendations for applying such methods to other highway
projects, and any changes which may be necessary to existing law to
permit further reductions in the time necessary to complete highway
projects.''
