Title 23, HighwaysRelease 119-110

§204 Federal Lands Access Program

Title 23 › CHAPTER 2 — OTHER HIGHWAYS › § 204

Last updated Sep 22, 2026|Official source

Summary

Pays for building, fixing, and planning roads and related things that give people access to Federal land. Money can be used for work like planning, engineering, maintenance, rebuilding, and construction of access roads. It also covers nearby parking and signs, buying scenic easements or historic sites, sidewalks and bike paths, fixes that reduce vehicle-wildlife crashes while keeping habitat connected, rest areas with water and toilets, wayfinding markers, landscaping, and fixing visual blight. Transit operation and maintenance and any other Title 23 transportation project that is on, next to, or gives access to Federal land are also eligible. The Transportation Secretary and the land agency can make contracts with States or Indian tribes. Projects must follow approved rules. States and local governments can help and their money will count toward the program. Most projects must be awarded by competitive bidding unless an agency finds another method is needed. When planting or landscaping, project teams must try to use local native plants and designs that reduce runoff and heat. The money is split among States that have Federal land. States with at least 1 1/2 percent of total public land get 80% of the funds. The other States get 20%. In each group, funds are divided 30% by share of recreational visits, 5% by share of Federal land area, 55% by share of Federal public road miles, and 10% by share of Federal public bridges. Data for this split comes from the National Park Service, Forest Service, Fish and Wildlife Service, Bureau of Land Management, and the Corps of Engineers. Each State makes programming choices through a committee with a Federal Highway Administration representative, a State Department of Transportation representative, and a local government representative. That committee must work with the relevant Federal agencies and give priority to projects that serve high-use recreation sites or Federal economic generators identified by the land agencies.

Full Legal Text

Title 23, §204

Highways, Source: USLM XML via OLRC

(a)Use of Funds.—
(1)In general.—
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)
(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)Contract.—
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)Administration.—
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)Cooperation.—
(A)In general.—
The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
(B)Funds received.—
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)Competitive bidding.—
(A)In general.—
Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
(B)Exception.—
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)Native plant materials.—
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)Program Distributions.—
(1)In general.—
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 source.—
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)Programming Decisions Committee.—
(1)In general.—
Programming decisions shall be made within each State by a committee comprised of— (A)
(B)a representative of the State Department of Transportation; and
(C)a representative of any appropriate political subdivision of the State.
(2)Consultation requirement.—
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)Project preference.—
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

23 U.S.C. § 204

Title 23, Highways

Last Updated

Sep 22, 2026

Release point: 119-110