23 USC 119 - Interstate maintenance program

(a) In General.— 

(1) Projects.— 
The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing
(A) routes on the Interstate System designated under section 103 (c)(1) and, in Alaska and Puerto Rico, under section 103 (c)(4)(A);
(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and

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(C) any segments that become part of the Interstate System under section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991.
(2) Toll roads.— 
The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 159).
(3) Funding.— 
Sums authorized to be appropriated to carry out this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104 (b)(4).
(b) Transfer of Interstate Construction Apportionments.— 
Upon application by a State (other than the State of Massachusetts) and approval by the Secretary, the Secretary may transfer to the apportionments to such State under section 104 (b)(1) or 104 (b)(4) any amount of the funds apportioned to such State for any fiscal year under section 104 (b)(5)(A) (as in effect on the date before the date of enactment of the Transportation Equity Act for the 21st Century) if such amount does not exceed the Federal share of the costs of construction of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes) included in the most recent interstate cost estimate. Upon transfer of such amount, the construction on which such amount is based on open-to-traffic segments of the Interstate System in such State as included in the latest interstate cost estimate shall be ineligible and shall not be included in future interstate cost estimates approved or adjusted under section 104 (b)(5)(A) (as in effect on the date before the date of enactment of the Transportation Equity Act for the 21st Century).
(c) Transfer of Funds for Surface Transportation Program Projects.— 

(1) Upon certification acceptance.— 
If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104 (b)(4) of this title are in excess of the needs of the State for resurfacing, restoring, or rehabilitating Interstate System routes and the State is adequately maintaining the Interstate System and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under sections 104 (b)(1) and 104 (b)(3).
(2) Unconditional.— 
Notwithstanding paragraph (1), a State may transfer to its apportionment under sections 104 (b)(1) and 104 (b)(3) of this title
(A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104 (b)(4) which are not obligated at the time of the transfer; and
(B) in any fiscal year thereafter, an amount not to exceed 20 percent of the funds apportioned to the State under section 104 (b)(4) for such fiscal year.
(d) Limitation on New Capacity.— 
Notwithstanding any other provision of this title, the portion of the cost of any project undertaken pursuant to this section that is attributable to the expansion of the capacity of any Interstate highway or bridge, where such new capacity consists of one or more new travel lanes that are not high-occupancy vehicle lanes or auxiliary lanes, shall not be eligible for funding under this section.