This MAP-21 fact sheet has been superseded by a FAST Act fact sheet.

Territorial and Puerto Rico Highway Program

Program Purpose

MAP-21 continues to allocate funds for a highway program in the Commonwealth of Puerto Rico. It also continues to allocate funds to assist the governments of the U.S. territories (American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands) in constructing and improving a system of arterial and collector highways and necessary inter-island connectors.

Statutory citation(s): MAP-21 §1114; 23 USC 165

Funding features

Funded by contract authority from the Highway Account of the Highway Trust Fund. Funds are subject to the overall Federal-aid obligation limitation.

Federal share: As provided in 23 USC 120 for Puerto Rico. 100% for territories [23 USC 120(g)]

Eligible activities

Puerto Rico Highway Program

Of Puerto Rico Highway Program funds:

• 50% for activities eligible under the new National Highway Performance Program (NHPP);
• 25% for activities eligible under the Highway Safety Improvement Program (HSIP); and
• 25% may be used on any activity eligible under chapter 1 of title 23.

Territorial Highway Program

Current territorial highway eligibilities are continued, including:

• Eligible surface transportation program projects described in 23 USC 133(b);
• Cost-effective, preventive maintenance consistent with 23 USC 116(e);
• Ferry boats, terminal facilities, and approaches, in accordance with 23 USC 129(b) and (c);
• Engineering, economic surveys, and investigations for future highway program planning and financing;
• Studies of the economy, safety, and convenience of highway use;
• Regulation and equitable taxation of highway use; and
• Research and development in connection with highway system planning, design, and maintenance.

Program features

Puerto Rico Highway Program

Puerto Rico is included in the definition of "State" for most purposes under title 23 but is not eligible to receive funds apportioned among States. Penalties that apply to States under titles 23 and 49 (e.g., the penalty related to open container requirements under 23 USC 154) continue to apply to Puerto Rico.

Territorial Highway Program

In general, the program will be administered as under prior law, including authority for DOT to provide the territories with a wide range of technical assistance. MAP-21 made some modifications to the types of territorial highway projects that may be funded on local roads.