23 U.S.C. § 201: Federal lands and tribal transportation programs

Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities. Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required. Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse. The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated. Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated. credited to the balance of unobligated authorizations; and immediately available for expenditure. This section shall not apply to funds authorized before the date of enactment of this paragraph. any project funded under this title; and any project funded pursuant to agreements authorized by this title or any other title. affects the application of the Federal share associated with the project being undertaken under this section; or modifies the point of obligation associated with Federal salaries and expenses. The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent. The Federal share of the cost of a project carried out under the Federal lands access program shall be be 1 up to 100 percent. 1 So in original. In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135. The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary. developed in cooperation with State and metropolitan planning organizations; and included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs. The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program. The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management. The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program. Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.). inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and bridge inspection and inventory information on any Federal bridge open to the public. The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards. The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year. A description of the projects and activities identified under clause (i). The current status of the projects and activities identified under clause (i). An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i). The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary. To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 20 percent of the funds authorized for programs under sections 203 and 204. bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter. may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment. the Secretary; the affected Secretaries of the respective Federal land management agencies; State departments of transportation; and local government agencies. The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit. a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or a Tribal government, in using funds pursuant to section 202(b)(7)(D). project bundling; bridge bundling; design-build contracting; 2-phase contracting; long-term concession agreements; and any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. affects the application of the Federal share for the project carried out with a contracting method under this subsection; or modifies the point of obligation of Federal salaries and expenses. applicable to the alternative contracting method; and to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and analyze and prepare an evaluation of the use of the alternative contracting method.” The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects. Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program. A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe. on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23 , United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title; a record of decision with respect to the project; a finding that the project has no significant impact; or a determination that the project is categorically excluded; and having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000. Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities. An eligible applicant may not use funds received under the program for activities relating to project design. Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require. furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety; improves the condition of critical transportation facilities, including multimodal facilities; needs construction, reconstruction, or rehabilitation; has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches; is included in or eligible for inclusion in the National Register of Historic Places; uses new technologies and innovations that enhance the efficiency of the project; is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility; spans 2 or more States; and serves land owned by multiple Federal agencies or Indian tribes. Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent. In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23 , United States Code), the Federal share of the cost of the project shall be 100 percent. Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section. 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23 , United States Code); and 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23 , United States Code). Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”