§170 — Title 23 Highways | U.S. Code

Summary

A State can use up to 100 percent of certain federal transportation funds to fix or replace a transportation facility that was badly damaged by a natural disaster or a catastrophic failure caused by something outside the facility. The disaster must be declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). If a later supplemental appropriation pays for those repairs, the State must repay the money to the federal program it took it from. Covered funds = amounts apportioned to a State under 23 U.S.C. 104(b) (excluding amounts suballocated under 23 U.S.C. 133(d)). Transportation facility = any facility eligible under 23 U.S.C. 125.

Title 23, §170

Highways — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, a State may use up to 100 percent of any covered funds of the State to repair or replace a transportation facility that has suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause.

(b)Funds may be used under this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(c)Funds used under subsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds.

(d)In this section, the following definitions apply:

(1)The term “covered funds” means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section.

(2)The term “transportation facility” means any facility eligible for assistance under section 125.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 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 5121 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

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.

§170 Funding Flexibility for Transportation Emergencies