Federal · Title 23 — Highways

23 U.S.C. § 165: Territorial and Puerto Rico highway program

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$173,010,000 shall be for fiscal year 2022; $176,960,000 shall be for fiscal year 2023; $180,120,000 shall be for fiscal year 2024; $183,675,000 shall be for fiscal year 2025; and $187,230,000 shall be for fiscal year 2026; and $45,990,000 shall be for fiscal year 2022; $47,040,000 shall be for fiscal year 2023; $47,880,000 shall be for fiscal year 2024; $48,825,000 shall be for fiscal year 2025; and $49,770,000 shall be for fiscal year 2026. The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth. the aggregate of the amounts for the fiscal year; by the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997. Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation block grant program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties. The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49. at least 50 percent shall be available only for purposes eligible under section 119; at least 25 percent shall be available only for purposes eligible under section 148; and any remaining funds may be obligated for activities eligible under chapter 1 and preventative maintenance on the National Highway System. Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title. American Samoa. The Commonwealth of the Northern Mariana Islands. Guam. The United States Virgin Islands. designated by the Governor or chief executive officer of each territory; and approved by the Secretary. The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g). to engage in highway planning; to conduct environmental evaluations; to administer right-of-way acquisition and relocation assistance programs; and to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors. Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5). Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection. The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections. implement the program in accordance with applicable provisions of this chapter and paragraph (4); appropriate for each territory; and approved by the Secretary; provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary. specify the kind of technical assistance to be provided under the program; include appropriate provisions regarding information sharing among the territories; and delineate the oversight role and responsibilities of the territories and the Secretary. The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years. the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect. Eligible surface transportation block grant program projects described in section 133(b). Cost-effective, preventive maintenance consistent with section 116(e). Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129. Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs. Studies of the economy, safety, and convenience of highway use. The regulation and equitable taxation of highway use. Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system. None of the funds made available under this subsection shall be obligated or expended for routine maintenance. Territorial highway program projects (other than those described in paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)) may not be undertaken on roads functionally classified as local.

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