23 U.S.C. 132: Payments on Federal-aid projects undertaken by a Federal agency.

As amended by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, August 10, 2005.

TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS

§ 132. Payments on Federal-aid projects undertaken by a Federal agency.

1. In General.-In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may-
   1. direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or
   2. make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.
2. Reimbursement.-On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).
3. Recovery and Crediting of Funds.-Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State's share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made.
   
   (Added Pub. L. 86-657, Sec. 4(a), July 14, 1960, 74 Stat. 522. Amended Pub. L. 105-59, Sec. 1119(b), Aug. 10, 2005, 119 Stat. 1182)

Historical Text as in effect prior to SAFETEA-LU:
Sec. 132. Payments on Federal-aid projects undertaken by a Federal agency

Where a proposed Federal-aid project is to be undertaken by a Federal agency pursuant to an agreement between a State and such Federal agency and the State makes a deposit with or payment to such Federal agency as may be required in fulfillment of the State's obligation under such agreement for the work undertaken or to be undertaken by such Federal agency, the Secretary, upon execution of a project agreement with such State for the proposed Federal-aid project, may reimburse the State out of the appropriate appropriations the estimated Federal share under the provisions of this title of the State's obligation so deposited or paid by such State. Upon completion of such project and its acceptance by the Secretary, an adjustment shall be made in such Federal share payable on account of such project based on the final cost thereof. Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State's share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made.

(Added Pub. L. 86-657, Sec. 4(a), July 14, 1960, 74 Stat. 522.)

Amendment enacted in SAFETEA-LU Section 1119
SEC. 1119. FEDERAL LANDS HIGHWAYS.

1. Federal Share Payable.--
   1. In general.--Section 120(k) of title 23, United States Code, is amended--
      1. by striking "Federal-aid highway"; and
      2. by striking "section 104" and inserting "this title or chapter 53 of title 49".
   2. Technical references.--Section 120(l) of such title is amended by striking "section 104" and inserting "this title or chapter 53 of title 49".
2. Payments to Federal Agencies for Federal-Aid Projects.--Section 132 of such title is amended--
   1. by striking the first two sentences and inserting the following:
      
      

1. "In General.--In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may--
   1. "direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or
   2. "make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.
2. "Reimbursement.--On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2)."; and
   2. in the last sentence by striking "Any sums" and inserting the following:
3. "Recovery and Crediting of Funds.--Any sums".