PRIA Logo™
Title 23, HighwaysRelease 119-110

§145 Federal-state Relationship

Title 23 › CHAPTER 1 — FEDERAL-AID HIGHWAYS › § 145

Last updated Sep 22, 2026|Official source

Summary

Federal funding cannot take away a State’s right to choose which projects get federal money. The program here is a federal-aid program that helps States, but it does not override state sovereignty over project selection. The projects named in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103–1108 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 meant only to make those projects eligible for federal-aid highway funds under section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103–1108 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. They are not meant to change the limits on federal action in a way that conflicts with the States’ rights described above.

Full Legal Text

Title 23, §145

Highways, Source: USLM XML via OLRC

(a)Protection of State Sovereignty.—
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)Purpose of Projects.—
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

Sep 22, 2026

Release point: 119-110