§ 126. — Uniform transferability of Federalaid highway funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC126]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 126. Uniform transferability of Federal-aid highway funds
(a) General Rule.--Notwithstanding any other provision of law but
subject to subsections (b) and (c), if at least 50 percent of a State's
apportionment under section 104 or 144 for a fiscal year or at least 50
percent of the funds set-aside under section 133(d) from the State's
apportionment \1\ section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such fiscal
year, then the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such State
under section 104 or 144 for such fiscal year.
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\1\ So in original. Probably should be followed by ``under''.
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(b) Application to Certain Set-Asides.--No funds may be transferred
under this section that are subject to the last sentence of section
133(d)(1) or to section 104(f) or to section 133(d)(3). The maximum
amount that a State may transfer under this section of the State's set-
aside under section 133(d)(1) or 133(d)(2) for a fiscal year may not
exceed 25 percent of (1) the amount of such set-aside, less (2) the
amount of the State's set-aside under such section for fiscal year 1997.
(c) Application to Certain CMAQ Funds.--The maximum amount that a
State may transfer under this section of the State's apportionment under
section 104(b)(2) for a fiscal year may not exceed 50 percent of (1) the
amount of such apportionment, less (2) the amount that the State's
apportionment under section 104(b)(2) for such fiscal year would have
been had the program been funded at $1,350,000,000. Any such funds
apportioned under section 104(b)(2) and transferred under this section
may only be obligated in geographic areas eligible for the obligation of
funds apportioned under section 104(b)(2).
(Added Pub. L. 105-178, title I, Sec. 1310(a), June 9, 1998, 112 Stat.
234, Sec. 110; renumbered Sec. 126, Pub. L. 106-159, title I,
Sec. 102(a)(1), Dec. 9, 1999, 113 Stat. 1752.)
Prior Provisions
A prior section 126, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901;
Pub. L. 93-87, title I, Sec. 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, Sec. 1226(d), as
added by Pub. L. 105-206, title IX, Sec. 9003(a), July 22, 1998, 112
Stat. 837.
Amendments
1999--Pub. L. 106-159 renumbered section 110 of this title as this
section.
