U.S. Code » Title 23 » Chapter CHAPTER 1— FEDERAL-AID HIGHWAYS

23 U.S.C. § 101

EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

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“(a)In General.—Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021, are incorporated by reference and shall continue in effect through the extension end date.“(b)Authorization of Appropriations.—“(1)Highway trust fund.—“(A)Highway account.—There is authorized to be appropriated from the Highway Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021.“(B)Mass transit account.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021.“(2)General fund.—There is authorized to be appropriated for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the extension fraction of the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021.“(c)Use of Funds.—“(1)In general.—Except as described in paragraph (2), amounts authorized to be appropriated for fiscal year 2022 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws.“(2)Apportionment to states.—“(A)In general.—Notwithstanding subsections (c)(2) or (e)(1) of section 104 of title 23, United States Code, the Secretary—“(i) shall not apportion on October 1, 2021, amounts authorized to be appropriated for fiscal year 2022 under subsection (b)(1)(A) with a respect to a program described in subparagraph (B); and“(ii) shall not apportion such amounts before October 15, 2021.“(B)Programs described.—A program referred to in subparagraph (A)(i) is a program—“(i) for which amounts are authorized to be appropriated under subsection (b)(1)(A); and“(ii) under which amounts described in clause (i) will be apportioned to States as described in section 104 of title 23, United States Code.“(C)Notice to states.—Section 104(e)(2) of title 23, United States Code, shall not apply for fiscal year 2022.“(d)Obligation Limitation.—“(1)In general.—Subject to paragraph (2), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2022 in an amount equal to the extension fraction of the limitation on obligations for the program for fiscal year 2021 and in the same manner as the limitation applicable with respect to the program for fiscal year 2021.“(2)Federal-aid highways.—“(A)In general.—In distributing a limitation on obligations for Federal-aid highways for qualifying programs, the Secretary—“(i) shall reserve, for qualifying programs, an amount of the limitation on obligations for Federal-aid highways equal to the amount calculated for the extension period for qualifying programs in effect on the date of enactment of this Act [Oct. 2, 2021]; and“(ii) if H.R. 3684 (117th Congress) is enacted, may distribute the amount determined under clause (i) among qualifying programs (including any qualifying programs established pursuant to such H.R. 3684) in a manner determined to be appropriate by the Secretary.“(B)Calculation.—Notwithstanding the enactment of H.R. 3684 (117th Congress), the Secretary shall calculate the amount under subparagraph (A)(i) in the manner described in section 120(a)(4) of division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [23 U.S.C. 104 note].“(C)Definition of qualifying program.—In this paragraph, the term ‘qualifying program’ means a program for Federal-aid highways that is—“(i) allocated by the Secretary under—     “(I) title 23, United States Code;     “(II) subsection (c)(1); or     “(III) H.R. 3684 (117th Congress), if enacted; or“(ii) apportioned by the Secretary under section 202 or 204 of title 23, United States Code.”
Notes of Decisions
Cited in 316 cases (15 in the last 5 years), 1958–2025 · leading case: City of Cleveland v. Ohio, 508 F.3d 827 (6th Cir. 2007).
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City of Cleveland v. Ohio, 508 F.3d 827 (6th Cir. 2007). · cites it 6× “The City obtained most of the funds necessary to complete this project through the Federal-Aid Highway Program (the Highway Program), which is based on the Federal-Aid Highway Act (the Highway Act), 23 U.S.C. § 101 , et seq., and administered by the FHWA, 49 U.”
South Dakota v. Dole, 483 U.S. 203 (1987). · cites it 2× “See 23 U. S. C. § 101 (b). [3] *209 This goal of the interstate highway system had been frustrated by varying drinking ages among the States.”
Owner Operator Indep. Drivers Ass'n, Inc. v. Pa. Tpk. Comm'n, 934 F.3d 283 (3rd Cir. 2019). · cites it 2× “23 U.S.C. § 101 (a)(29)(A) (2012). "Transportation alternatives" also include the "[c]onstruction of turnouts, overlooks, and viewing areas.”
Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). · cites it 3× “§§ 3141-3148 , and the Federal-Aid Highway Act, 23 U.S.C. §§ 101 , et seq., preempt application of Wisconsin’s prevailing wage law, Wis.”
Am. Trucking Ass'ns, Inc. v. N.Y.S. Thruway Auth., 886 F.3d 238 (2d Cir. 2018). · cites it 3× “23 U.S.C. § 101 (a) ; ISTEA § 1007(c), 105 Stat.”
City of Pleasant Ridge v. Governor, 169 N.W.2d 625 (Mich. 1969). · cites it 7× “Previous delays in carrying out the declaration of policy appearing in the Federal-aid highways act of 1958 ( 23 USC § 101 et seq. ) having been considered, we granted bypass of the Court of Appeals February 6, 1969, pursuant to GCR 1963, 852.”
Moore v. State, 553 P.2d 8 (Alaska 1976). · cites it 2× “1972) (involving the Federal-Aid Highway Act of 1968, 23 U.S.C. § 101 et seq. (1970), and other legislation); Scenic Hudson Preservation Conference v.”
Guillen v. Pierce Cnty., 31 P.3d 628 (Wash. 2001). · cites it 3× “For support, the City cites 23 U.S.C. § 101 (b): It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including The Dwight D.”
Guillen v. Pierce Cnty., 181 A.L.R. Fed. 741 (Wash. 2001). · cites it 3× “For support, the City cites 23 U.S.C. § 101 (b): It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including The Dwight D.”
Piedmont Heights Civic Club, Inc. v. Thomas D. Moreland, 637 F.2d 430 (5th Cir. 1981). · cites it 2× “Plaintiffs also challenge the highway improvements under the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq., the Parklands Statute, 23 U.”
City of Sacramento v. State of California, 785 P.2d 522 (Cal. 1990). · cites it 2× “[aid to needy families with dependent children], 1201 et seq. [aid to the blind], 1351 et seq.”
Audubon Naturalist Soc'y of the Cent. Atl. States, Inc. v. United States Dep't of Transp., 524 F. Supp. 2d 642 (D. Maryland 2007). · cites it 2× “23 U.S.C. § 101 (b). The FAHP, among other things, requires conformity with the requirements of the CAA before the FHWA can enter into a contractual obligation to fund a project.”
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— 23 U.S.C. § 101(a)(12) — 1 case
Questions Submitted by: The Honorable Mark Mann, Oklahoma State Senate, Dist. 46, 2025 OK AG 11 (Okla. Att’y Gen. 2025).
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