SEPTEMBER 4, 1998 MEMORANDUM
ATTACHMENT 3
TITLE 23, UNITED STATES CODE
Section 117 - High priority projects program
(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS - 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. Of amounts made available to carry out this section, 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 the amount listed for such project in such section. 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) ALLOCATION PERCENTAGES - For each project to be carried out with funds made available to carry out the high priority projects program under this section--
(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) 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.
(d) 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.
(e) 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 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 section 1602 of the Transportation Equity Act for the 21st Century.
(f) PERIOD OF AVAILABILITY - Funds made available to carry out this section shall remain available until expended.
(g) 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.
(h) 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.
OTHER TEA-21 PROVISIONS RELATING TO HIGH PRIORITY (DEMO) PROJECTS
Section 1101(a)(13) - Authorizes funding for fiscal years 1998 through 2003 as follows: $1,029,583,500 in FY 1998, $1,403,977,500 in FY 1999, $1,684,773,000 each in FY 2000 and FY 2001 , and $1,778,371,500 each in FY 2002 and FY 2003. The total 6-year authorization is $9,359,850,000.
Section 1212(g) - Allows Minnesota to pool their high priority projects funds provided that the total amount of funds authorized for any project is not reduced.
Section 1212(h) - Provides that the Federal share for project 1020 on the Baltimore Washington Parkway in Prince Georges County, Maryland shall be 100 percent.
Section 1217(j) - The technical corrections amended this section to require that $3,000,000 of the funds made available for project 164 in Pennsylvania be made available on October 1, 1998, to the Pennsylvania Turnpike Commission to carry out this subsection.
Section 1601(a) - Replaces 23 U.S.C. 117, Certification acceptance, with 23 U.S.C. 117, High priority projects program, as detailed above.
Section 1601(b) - Amends 23 U.S.C. 145, Federal-State relationship, by placing the current paragraph under (a) Protection of State Sovereignty and adding (b) Purpose of Projects, which provides that the demonstration projects described in TEA-21, ISTEA, and STURAA are intended to establish eligibility for Federal-aid highway funds made available by these acts, and are not intended to define the scope or limits of Federal action that is inconsistent with subsection (a), Protection of State Sovereignty.
Section 1602 - Provides the project descriptions and authorized amount of funding for each of the 1850 high priority projects.
Section 1603 - This is a special rule providing that projects 1818 through 1849 in Section 1602 shall not be used for calculating the minimum guarantee apportionment under 23 U.S.C. 105.
Section 5118(b) - Provides that the amount of funds made available for Pennsylvania project 315, "Conduct Highway Research, Drexel University," shall be available for funding the establishment of the Intelligent Infrastructure Institute at Drexel University.
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