U.S. Code > Title 23 Highways > CHAPTER 1—FEDERAL-AID HIGHWAYS (§§ 101—181_to_190) > § 117. High priority projects program

§ 117. High priority projects program

(a) Authorization of High Priority Projects.—
(1) In general.— The Secretary is authorized to carry out high priority projects with funds made available to carry out the high priority projects program under this section.
(2) Availability of funds.—
(A) For tea–21.— Of amounts made available to carry out this section for fiscal years 1998 through 2003, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 257) the amount listed for such project in such section.
(B) For safetea–lu.— Of amounts made available to carry out this section for fiscal years 2005 through 2009, the Secretary, subject to subsection (c), shall make available to carry out each project described in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) the amount listed for such project in such section.
(3) Availability of unallocated funds.— Any amounts made available to carry out such program that are not allocated for projects described in such section shall be available to the Secretary, subject to subsection (b), to carry out such other high priority projects as the Secretary determines appropriate.
(b) For TEA–21.— For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 1998 through 2003—
(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998;
(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999;
(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000;
(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001;
(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and
(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.
(c) For SAFETEA–LU.— For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 2005 through 2009—
(1) 20 percent of such amount shall be available for obligation beginning in fiscal year 2005;
(2) 20 percent of such amount shall be available for obligation beginning in fiscal year 2006;
(3) 20 percent of such amount shall be available for obligation beginning in fiscal year 2007;
(4) 20 percent of such amount shall be available for obligation beginning in fiscal year 2008; and
(5) 20 percent of such amount shall be available for obligation beginning in fiscal year 2009.
(d) Federal Share.— The Federal share payable on account of any project carried out with funds made available to carry out this section shall be 80 percent of the total cost thereof; except that the Federal share on account of the project to be carried out under item 1419 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 309), relating to reconstruction of a road and causeway in Shiloh Military Park in Hardin County, Tennessee, shall be 100 percent of the total cost thereof.
(e) Delegation to States.— Subject to the provisions of this title, the Secretary shall delegate responsibility for carrying out a project or projects, with funds made available to carry out this section, to the State in which such project or projects are located upon request of such State.
(f) Advance Construction.— When a State which has been delegated responsibility for a project under this section—
(1) has obligated all funds allocated under this section and section 1602 of the Transportation Equity Act for the 21st Century or section 1701 [1] of the SAFETEA–LU, as the case may be, for such project; and
(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section and such section 1602 or 1702, as the case may be.
(g) Period of Availability.— Funds made available to carry out this section shall remain available until expended.
(h) Availability of Obligation Limitation.— Obligation authority attributable to funds made available to carry out this section shall only be available for the purposes of this section and shall remain available until obligated pursuant to section 1102(g) of the Transportation Equity Act for the 21st Century or section 1102(g) of the SAFETEA–LU, as the case may be.
(i) Treatment.— Funds allocated to a State in accordance with this section shall be treated as amounts in addition to the amounts a State is apportioned under sections 104, 105, and 144 for programmatic purposes.

[1] So in original. Probably should be “1702”.