
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC124]

 
                           TITLE 23--HIGHWAYS
 
                     CHAPTER 1--FEDERAL-AID HIGHWAYS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 124. Advances to States

    If the Secretary shall determine that it is necessary for the 
expeditious completion of projects on any of the Federal-aid systems, 
including the Interstate System, he may advance to any State out of any 
existing appropriations the Federal share of the cost of construction 
thereof to enable the State transportation department to make prompt 
payments for acquisition of rights-of-way, and for the construction as 
it progresses. The sums so advanced shall be deposited in a special 
revolving trust fund, by the State official authorized under the laws of 
the State to receive Federal-aid highway funds, to be disbursed solely 
upon vouchers approved by the State transportation department for 
rights-of-way which have been or are being acquired, and for 
construction which has been actually performed and approved by the 
Secretary pursuant to this chapter. Upon determination by the Secretary 
that any part of the funds advanced to any State under the provisions of 
this section are no longer required, the amount of the advance, which is 
determined to be in excess of current requirements of the State, shall 
be repaid upon his demand, and such repayments shall be returned to the 
credit of the appropriation from which the funds were advanced. Any sum 
advanced and not repaid on demand shall be deducted from sums due the 
State for the Federal pro rata share of the cost of construction of 
Federal-aid projects.

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95-599, title I, 
Sec. 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105-178, title I, 
Secs. 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub. L. 
105-206, title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837.)


                               Amendments

    1998--Pub. L. 105-178, Sec. 1226(c), as added by Pub. L. 105-206, 
Sec. 9003(a), struck out subsec. (a) designation before ``If the 
Secretary'' and struck out subsec. (b), which had: authorized advance of 
100 per centum of cost of construction where Secretary determined that 
toll bridge, toll tunnel, or approach thereto meeting section 129 
requirements was necessary to complete essential gap in Interstate 
System; provided repayment schedule; and directed that advance be made 
from funds apportioned to State for Interstate System and that section 
103(e)(4) provisions would not apply.
    Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted ``State 
transportation department'' for ``State highway department'' in two 
places.
    1978--Pub. L. 95-599 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1998 Amendment

    Title IX of Pub. L. 105-206 effective simultaneously with enactment 
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at 
time of enactment, and provisions of Pub. L. 105-178, as in effect on 
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, 
set out as a note under section 101 of this title.


                        Acceleration of Projects

    Pub. L. 94-280, title I, Sec. 141, May 5, 1976, 90 Stat. 444, as 
amended by Pub. L. 95-599, title I, Sec. 136, Nov. 6, 1978, 92 Stat. 
2709, provided that: ``Not later than six months after the completion of 
such project, the Secretary of Transportation shall submit a report to 
Congress which includes, but is not limited to, a description of the 
methods used to reduce the time necessary for the completion of such 
project, recommendations for applying such methods to other highway 
projects, and any changes which may be necessary to existing law to 
permit further reductions in the time necessary to complete highway 
projects.''
