Title 23 — HighwaysRelease 119-73
§126 Transferability of Federal-aid highway funds
Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 126
Summary
A State may move up to 50% of the money it gets under section 104(b) into other 104(b) funding. Money covered by sections 104(d) and 133(d)(1)(A) cannot be moved. If the money is from the section 133(h) set‑aside, it can only come from the part available to spend in any area of the State, and only if the Secretary certifies the State ran a proper competition, offered technical help to eligible applicants, and found no suitable applications to use the funds.
Full Legal Text
Title 23, §126
Highways — Source: USLM XML via OLRC
(a)Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
(b)(1)Funds that are subject to section 104(d) and 133(d)(1)(A) shall not be transferred under this section.
(2)Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year—
(A)may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and
(B)may only be transferred if the Secretary certifies that the State—
(i)held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;
(ii)offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and
(iii)demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 Stat. 276, related to providing Federal aid for highway
Construction
only to States that used at least amounts provided by law on
June 18, 1934, for such purposes, prior to repeal by Pub. L. 105–178, title I, § 1226(d), as added by Pub. L. 105–206, title IX, § 9003(a),
July 22, 1998, 112 Stat. 837.
Amendments
2021—Subsec. (b)(2). Pub. L. 117–58, § 11109(b)(2)(A), (B), which directed substitution of “set aside for a State under section 133(h) for a fiscal year— “(A) may” for “reserved for a State under section 133(h) for a fiscal year may”, was executed by making the substitution for “reserved for the State under section 133(h) for a fiscal year may” to reflect the probable intent of Congress. Subsec. (b)(2)(B). Pub. L. 117–58, § 11109(b)(2)(A), (C), added subpar. (B). 2015—Subsec. (b)(1). Pub. L. 114–94, § 1446(a)(2), substituted “133(d)(1)(A)” for “133(d)”. Subsec. (b)(2). Pub. L. 114–94, § 1109(c)(1), substituted “for the State under section 133(h)” for “for the State under section 213” and “of the State under section 133(h)” for “of the State under section 213(c)(1)(B)”. 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds. 2005—Subsec. (a). Pub. L. 109–59, which directed insertion of “under” after “State’s apportionment”, was executed by making the insertion after “State’s apportionment” the second place it appeared, to reflect the probable intent of Congress. 1999—Pub. L. 106–159 renumbered section 110 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
23 U.S.C. § 126
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73