Title 23 — HighwaysRelease 119-73
§145 Federal-State relationship
Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 145
Summary
Federal money or its availability must not take away a State’s right to decide which projects get federal financing. This chapter sets up a federal-aid program to help States, but it does not override their choice of projects. Project lists in earlier transportation laws only serve to show which projects can be eligible for federal-aid. Those lists are not meant to change the rule that States pick the federally financed projects or to limit federal actions in a way that conflicts with the State’s right.
Full Legal Text
Title 23, §145
Highways — Source: USLM XML via OLRC
(a)The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.
(b)The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1702 of the SAFETEA–LU, referred to in subsec. (b), is section 1702 of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1256, which is not classified to the Code. section 1602 of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1602 of Pub. L. 105–178, title I,
June 9, 1998, 112 Stat. 256, which is not classified to the Code. Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), are sections 1103 to 1108 of Pub. L. 102–240, title I, Dec. 18, 1991, 105 Stat. 2027–2063. See Tables for classification. section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, referred to in subsec. (b), is section 149(a) of Pub. L. 100–17, title I, Apr. 2, 1987, 101 Stat. 181, which is not classified to the Code. section 1101(a)(16) of the SAFETEA–LU, referred to in subsec. (b), is section 1101(a)(16) of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1155, which is not classified to the Code. section 1101(a)(13) of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1101(a)(13) of Pub. L. 105–178, title I,
June 9, 1998, 112 Stat. 113, which is not classified to the Code.
Amendments
2015—Subsec. (b). Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below. 2012—Subsec. (b). Pub. L. 112–141, § 1519(c)(9), formerly § 1519(c)(10), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out “section 117 of this title,” after “21st Century,” second time appearing. 2005—Subsec. (b). Pub. L. 109–59 inserted “section 1702 of the SAFETEA–LU,” after “described in” and “section 1101(a)(16) of the SAFETEA–LU,” after “for such projects by” and substituted “section 117 of this title,” for “117 of title 23, United States Code,”. 1998—Pub. L. 105–178 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 Amendment Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
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. § 145
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73