23 U.S.C. § 108
23 U.S.C. § 108
EDITORIAL NOTES
REFERENCES IN TEXTThe National Environmental Policy Act of 1969, referred to in subsecs. (c)(1), (3)(F) and (d)(4)(A), (B)(i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsecs. (c)(3)(A) and (d)(3)(B)(viii), is act Jan. 2, 1971, Pub. L. 91-646, 84 Stat. 1894, and which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.The Civil Rights Act of 1964, referred to in subsecs. (c)(3)(B) and (d)(3)(B)(viii), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.Section 7 of the Endangered Species Act, referred to in subsec. (c)(3)(F), probably means section 7 of the Endangered Species Act of 1973, which is classified to section 1536 of Title 16, Conservation.
AMENDMENTS2021-Subsec. (c)(3)(F). Pub. L. 117-58 inserted "of 1969 ( 42 U.S.C. 4321 et seq.)" after "Policy Act" and substituted "this title" for "this Act". 2015-Subsec. (c)(2)(A), (3). Pub. L. 114-94 substituted "surface transportation block grant program" for "surface transportation program" in par. (2)(A) and in introductory provisions of par. (3). 2012-Subsec. (a). Pub. L. 112-141, §1302(a)(1), substituted "real property interests" for "real property" wherever appearing.Subsec. (b). Pub. L. 112-141, §1302(a)(3), substituted "real property interests" for "rights-of-way". Subsec. (c). Pub. L. 112-141, §1302(b)(1), substituted "STATE-FUNDED EARLY ACQUISITION OF REAL PROPERTY INTERESTS" for "EARLY ACQUISITION OF RIGHTS-OF-WAY" in heading. Pub. L. 112-141, §1302(a)(2), (3), substituted "real property interest" for "right-of-way" and "real property interests" for "rights-of-way" wherever appearing.Subsec. (c)(1) to (3). Pub. L. 112-141, §1302(b)(2)-(5) (A), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively; in par. (2), substituted "ELIGIBILITY FOR REIMBURSEMENT" for "GENERAL RULE" in heading and "Subject to paragraph (3)" for "Subject to paragraph (2)" in introductory provisions; and, in par. (3), substituted "in paragraph (2)" for "in paragraph (1)" in introductory provisions.Subsec. (c)(3)(G). Pub. L. 112-141, §1302(b)(5)(B), substituted "the Secretary has determined" for "both the Secretary and the Administrator of the Environmental Protection Agency have concurred".Subsec. (d). Pub. L. 112-141, §1302(c), added subsec. (d).1998- Pub. L. 105-178, §1301(a), substituted "Advance acquisition of real property" for "Advance acquisition of rights-of-way" in section catchline.Subsec. (a). Pub. L. 105-178, §1301(a), added subsec. (a) and struck out former subsec. (a) which read as follows: "For the purpose of facilitating the acquisition of rights-of-way on any Federal-aid highway in the most expeditious and economical manner, and recognizing that the acquisition of rights-of-way requires lengthy planning and negotiations if it is to be done at a reasonable cost, the Secretary, upon the request of the State highway department, is authorized to make available the funds apportioned to any State which may be expended on such highway for acquisition of rights-of-way, in anticipation of construction and under such rules and regulations as the Secretary may prescribe. The agreement between the Secretary and the State highway department for the reimbursement of the cost of such rights-of-way shall provide for the actual construction of a road on such rights-of-way within a period not exceeding 20 years following the fiscal year in which such request is made unless a longer period is determined to be reasonable by the Secretary."Subsecs. (c), (d). Pub. L. 105-178, §1211(e)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to establishment and administration of right-of-way revolving fund.1994-Subsec. (d)(2)(F). Pub. L. 103-429 substituted "section 303 of title 49" for "section 4(f) of the Department of Transportation Act".1992-Subsec. (a). Pub. L. 102-388, §346(1), (2), substituted "Federal-aid highway" for "of the Federal-aid highway systems, including the Interstate System," and "which may be expended on such highway" for "for expenditure on any of the Federal-aid highway systems, including the Interstate System,".Subsec. (c)(2). Pub. L. 102-388, §346(3), inserted "and passenger transit facilities".Subsec. (c)(3). Pub. L. 102-388, §346(5), which directed the substitution of "of the type funded" for "on the federal-aid system of which such project is to be part," was executed by making the substitution for "on the Federal-aid system of which such project is to be a part," to reflect the probable intent of Congress. Pub. L. 102-388, §346(4), substituted "project" for "highway" after "construction of a" in first and second sentences.1991-Subsecs. (a), (c)(3). Pub. L. 102-240, §1017(a), substituted "20" for "ten". Subsec. (d). Pub. L. 102-240, §1017(b), added subsec. (d). 1976-Subsec. (a). Pub. L. 94-280, §115(b), inserted "unless a longer period is determined to be reasonable by the Secretary" after "request is made" in last sentence.Subsec. (c)(2). Pub. L. 94-280, §115(a), struck out "made pursuant to section 133 or chapter 5 of this title" after "relocation payments" in last sentence.Subsec. (c)(3). Pub. L. 94-280, §115(c), inserted "or later" after "earlier" in first sentence.1973-Subsec. (a). Pub. L. 93-87, §113(a), substituted "ten" for "seven" years in last sentence. Subsec. (c)(3). Pub. L. 93-87, §113(b), substituted "ten" for "seven" years in first sentence.1968-Subsec. (b). Pub. L. 90-495, §7(a), substituted "subsection (a) of this section" for "this section".Subsec. (c). Pub. L. 90-495, §7(b), added subsec. (c).1959-Subsec. (a). Pub. L. 86-35 increased from five to seven years the period in which actual construction shall commence on rights-of-way acquired in anticipation of such construction.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117-58 set out as a note under section 101 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114-94 set out as a note under section 5313 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240 set out as a note under section 104 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495 set out as a note under section 101 of this title.
TRANSITION PROVISIONS Pub. L. 105-178, title I, §1211(e)(2), June 9, 1998, 112 Stat. 188, provided that: "(A) IN GENERAL.-Funds advanced to a State by the Secretary from the right-of-way revolving fund established by section 108(c) of title 23, United States Code, prior to the date of enactment of this Act [June 9, 1998] shall remain available to the State for use on the projects for which the funds were advanced for a period of 20 years from the date on which the funds were advanced."(B) CREDIT TO HIGHWAY TRUST FUND.-With respect to a project for which funds have been advanced from the right-of-way revolving fund, upon the termination of the 20-year period referred to in subparagraph (A), when actual construction is commenced, or upon approval by the Secretary of the plans, specifications, and estimates for the actual construction of the project on the right-of-way, whichever occurs first-"(i) the Highway Trust Fund (other than the Mass Transit Account) shall be credited with an amount equal to the Federal share of the funds advanced, as provided in section 120 of title 23, United States Code, out of any Federal-aid highway funds apportioned to the State in which the project is located and available for obligation for projects of the type funded; and"(ii) the State shall reimburse the Secretary in an amount equal to the non-Federal share of the funds advanced for deposit in, and credit to, the Highway Trust Fund (other than the Mass Transit Account)."
PRESERVATION OF TRANSPORTATION CORRIDORS REPORT Pub. L. 102-240, title I, §1017(c), Dec. 18, 1991, 105 Stat. 1948, provided that: "The Secretary, in consultation with the States, shall report to Congress within 2 years after the date of the enactment of this Act [Dec. 18, 1991], a national list of the rights-of-way identified by the metropolitan planning organizations and the States (under sections 134 and 135 of title 23, United States Code), including the total mileage involved, an estimate of the total costs, and a strategy for preventing further loss of rights-of-way including the desirability of creating a transportation right-of-way land bank to preserve vital corridors."
AUTHORIZATION OF APPROPRIATIONS TO RIGHT-OF-WAY REVOLVING FUND; APPORTIONMENT; REVERSION OF AMOUNTS NOT ADVANCED OR OBLIGATEDPub. L. 90-495, §7(c)-(e), Aug. 23, 1968, 82 Stat. 819, provided that $100,000,000 for the fiscal year ending June 30, 1970, $100,000,000 for the fiscal year ending June 30, 1971, and $100,000,000 for the fiscal year ending June 30, 1972, be transferred from the highway trust fund to the right-of-way revolving fund established by subsec. (c) of this section, authorized the Secretary to apportion these funds and required that funds apportioned to a State remain available for obligation for advances until Oct. 1 of the fiscal year in which the apportionment was made and any funds not advanced or obligated by such date revert to the right-of-way revolving fund for distribution to other States.
STUDY OF ADVANCE ACQUISITION OF RIGHTS-OF-WAY Pub. L. 89-574, §10, Sept. 13, 1966, 80 Stat. 769, as amended by Pub. L. 97-449, §2(a), Jan. 12, 1983, 96 Stat. 2439, directed the Secretary to make a full and complete investigation and study of the advance acquisition of rights-of-way for future construction of highways on the Federal-aid highway systems, with particular reference to the provision of adequate time for the removal and disposal of improvements located on rights-of-way and the relocation of affected individuals, businesses, institutions, and organizations, the tax status of such property after acquisition and before its use for highway purposes, and the methods for financing advance right-of-way acquisition by both the State governments and the Federal Government, including the possible creation of revolving funds for such purpose. The Secretary was required to submit a report of results of such study to Congress not later than July 1, 1967, together with his recommendations.
INCREASED LIMITATION PERIOD APPLICABLE TO CERTAIN CONTRACTSPub. L. 86-35, §2, May 29, 1959, 73 Stat. 63, provided that agreements entered into before May 29, 1959 by the Secretary of Commerce and a State highway department under authority of section 110(a) of the Federal-Aid Highway Act of 1956, or section 108(a) of title 23 of the United States Code shall be deemed to provide for actual construction of a road on such rights-of-way within a period of seven years following the fiscal year in which such request was made.