§204 — Title 23 Highways | U.S. Code

Summary

Pays for planning, building, fixing, and restoring roads and related facilities that are on, next to, or give access to federal land. That includes parking, signs, buying scenic or historic sites, sidewalks and bike paths, wildlife-safe road fixes, rest areas, wayfinding markers, landscaping, and fixing visual problems. The money can also pay to run and maintain transit facilities and any other eligible federal transportation projects serving federal land. The Secretary of Transportation and the right federal land agency can make contracts with States or Indian tribes. Projects are normally put out to competitive bid unless the Secretary decides a different method is better. Work should use local native plants when possible and designs that cut runoff and heat. Money is split among States that have federal land. States with at least 1 1/2 percent of total public land get 80 percent of the funds; all other States share 20 percent. Within each group, funds are divided 30 percent by recreation visits, 5 percent by federal land area, 55 percent by federal road miles, and 10 percent by federal bridges. Data for this comes from the National Park Service, Forest Service, Fish and Wildlife Service, BLM, and the Corps of Engineers. A state committee made up of a Federal Highway Administration rep, a State DOT rep, and a local rep decides programming and must work with the federal agencies. The committee should favor projects serving high-use recreation sites or federal economic generators named by the land agencies.

Title 23, §204

Highways — Source: USLM XML via OLRC

(a)(1)Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—

(A)transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—

(i)adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas;

(ii)acquisition of necessary scenic easements and scenic or historic sites;

(iii)provisions for pedestrians and bicycles;

(iv)environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(v)construction and reconstruction of roadside rest areas, including sanitary and water facilities;

(vi)contextual wayfinding markers;

(vii)landscaping;

(viii)cooperative mitigation of visual blight, including screening or removal; and

(ix)other appropriate public road facilities, as determined by the Secretary;

(B)operation and maintenance of transit facilities; and

(C)any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.

(2)In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—

(A)a State (including a political subdivision of a State); or

(B)an Indian tribe.

(3)All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.

(4)(A)The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.

(B)Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.

(5)(A)Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.

(B)Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.

(6)In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—

(A)the use of locally adapted native plant materials; and

(B)designs that minimize runoff and heat generation.

(b)(1)Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:

(A)80 percent of the available funding for use in those States that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)30 percent in the ratio that—

(I)recreational visitation within each such State; bears to

(II)the recreational visitation within all such States.

(ii)5 percent in the ratio that—

(I)the Federal land area within each such State; bears to

(II)the Federal land area in all such States.

(iii)55 percent in the ratio that—

(I)the Federal public road miles within each such State; bears to

(II)the Federal public road miles in all such States.

(iv)10 percent in the ratio that—

(I)the number of Federal public bridges within each such State; bears to

(II)the number of Federal public bridges in all such States.

(B)20 percent of the available funding for use in those States that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:

(i)30 percent in the ratio that—

(I)recreational visitation within each such State; bears to

(II)the recreational visitation within all such States.

(ii)5 percent in the ratio that—

(I)the Federal land area within each such State; bears to

(II)the Federal land area in all such States.

(iii)55 percent in the ratio that—

(I)the Federal public road miles within each such State; bears to

(II)the Federal public road miles in all such States.

(iv)10 percent in the ratio that—

(I)the number of Federal public bridges within each such State; bears to

(II)the number of Federal public bridges in all such States.

(2)Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:

(A)The National Park Service.

(B)The Forest Service.

(C)The United States Fish and Wildlife Service.

(D)The Bureau of Land Management.

(E)The Corps of Engineers.

(c)(1)Programming decisions shall be made within each State by a committee comprised of—

(A)a representative of the Federal Highway Administration;

(B)a representative of the State Department of Transportation; and

(C)a representative of any appropriate political subdivision of the State.

(2)The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision.

(3)In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 204, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97–424, title I, § 126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100–17, title I, § 133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102–240, title I, §§ 1030, 1032(b), title VI, § 6004(c), Dec. 18, 1991, 105 Stat. 1970, 1974, 2169; Pub. L. 105–178, title I, § 1115(d), (e)(4), title V, § 5119(a),

June 9, 1998, 112 Stat. 156, 158, 452; Pub. L. 109–59, title I, § 1119(h)–(k), Aug. 10, 2005, 119 Stat. 1187–1189, related to Federal lands highways program, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a),

July 6, 2012, 126 Stat. 473.

Amendments

2021—Subsec. (a)(1)(A). Pub. L. 117–58, § 11113(b)(1)(A), inserted “context-sensitive solutions,” after “restoration,” in introductory provisions. Subsec. (a)(1)(A)(i). Pub. L. 117–58, § 11113(b)(1)(B), inserted “, including interpretive panels in or adjacent to those areas” after “areas”. Subsec. (a)(1)(A)(vi) to (ix). Pub. L. 117–58, § 11113(b)(1)(C)–(E), added cls. (vi) to (viii) and redesignated former cl. (vi) as (ix). Subsec. (a)(6). Pub. L. 117–58, § 11113(b)(2), added par. (6).

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

Section 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.

§204 Federal lands access program

Summary

Title 23, §204

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata