Title 23, HighwaysRelease 119-110

§179 Low-carbon Transportation Materials Grants

Title 23 › CHAPTER 1 — FEDERAL-AID HIGHWAYS › § 179

Last updated Sep 22, 2026|Official source

Summary

Provides $2,000,000,000 for fiscal year 2022, available until September 30, 2026, to the Federal Highway Administration to pay or give incentives to people or agencies that use construction materials with much lower greenhouse gas emissions than normal industry averages, as identified by the EPA Administrator. The money can also pay for FHWA to run the program. The FHWA Administrator may, if funds are available, either pay the extra cost of using those low‑carbon materials (the amount above traditional materials, as reported by the recipient and checked by the Administrator) or give an incentive equal to 2 percent of the cost of the low‑carbon materials on a project. If a payment or incentive is given, the federal share of that project may be up to 100 percent. Payments are only for projects on Federal‑aid highways, tribal transportation facilities, Federal lands transportation facilities, or Federal lands access transportation facilities. Funds cannot be used for projects that add through travel lanes for single‑occupant passenger vehicles. FHWA will review EPA‑identified materials and pick which are suitable and eligible. The law defines Administrator as the FHWA Administrator; eligible recipients include states, local governments, political subdivisions, U.S. territories, certain other named entities, and public transportation authorities; and greenhouse gas means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

Full Legal Text

Title 23, §179

Highways, Source: USLM XML via OLRC

(a)Federal Highway Administration Appropriation.—
In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026, to the Administrator to reimburse or provide incentives to eligible recipients for the use, in projects, of construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, and for the operations and administration of the Federal Highway Administration to carry out this section.
(b)Reimbursement of Incremental Costs; Incentives.—
(1)In general.—
The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title.
(2)Reimbursement and incentive amounts.—
(A)Incremental amount.—
The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator.
(B)Incentive amount.—
The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title.
(3)Federal share.—
If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent.
(4)Limitations.—
(A)In general.—
The Administrator shall only provide a reimbursement or incentive under paragraph (1) for a project on a—
(i)Federal-aid highway;
(ii)tribal transportation facility;
(iii)Federal lands transportation facility; or
(iv)Federal lands access transportation facility.
(B)Other restrictions.—
Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways.
(C)Single occupant passenger vehicles.—
Funds made available under this section shall not be used for projects that result in additional through travel lanes for single occupant passenger vehicles.
(5)Materials identification.—
The Administrator shall review the low-embodied carbon construction materials and products identified by the Administrator of the Environmental Protection Agency and shall identify low-embodied carbon construction materials and products—
(A)appropriate for use in projects eligible under this title; and
(B)eligible for reimbursement or incentives under this section.
(c)Definitions.—
In this section: (1) Administrator.— (2) Eligible recipient.—
(3)Greenhouse gas.—
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

Reference

Citations & Metadata

Citation

23 U.S.C. § 179

Title 23, Highways

Last Updated

Sep 22, 2026

Release point: 119-110