Sec. 1603. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS
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## SEC. 1603 USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS **[**[23 U.S.C. 118 note](/us/usc/t23/s118)**]** ###
(a)Definitions In this section, the following definitions apply: ####
(1)Eligible funds #####
(A)In general The term “**eligible funds**” means excess funds or inactive funds for a specific transportation project or activity that were— ######
(i)allocated before fiscal year 1991; and ######
(ii)designated in a public law, or a report accompanying a public law, for allocation for the specific surface transportation project or activity. #####
(B)Inclusion The term “**eligible funds**” includes funds described in subparagraph
(A)that were allocated and designated for a demonstration project. ####
(2)Excess funds The term “**excess funds**” means— #####
(A)funds obligated for a specific transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled; or #####
(B)an unobligated balance of funds allocated for a transportation project or activity that the State in which the project or activity was to be carried out certifies are no longer needed for the project or activity. ####
(3)Inactive funds The term “**inactive funds**” means— #####
(A)an obligated balance of Federal funds for an eligible transportation project or activity against which no expenditures have been charged during any 1-year period beginning after the date of obligation of the funds; and #####
(B)funds that are available to carry out a transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification. ###
(b)Availability for STP Purposes Eligible funds shall be— ####
(1)made available in accordance with this section to the State that originally received the funds; and ####
(2)available for obligation for any eligible purpose under section 133 of title 23, United States Code. ###
(c)Retention for Original Purpose ####
(1)In general The Secretary may determine that eligible funds identified as inactive funds shall remain available for the purpose for which the funds were initially made available if the applicable State certifies that the funds are necessary for that initial purpose. ####
(2)Report A certification provided by a State under paragraph
(1)shall include a report on the status of, and an estimated completion date for, the project that is the subject of the certification. ###
(d)Authority to Obligate Notwithstanding the original source or period of availability of eligible funds, the Secretary may, on the request by a State— ####
(1)obligate the funds for any eligible purpose under section 133 of title 23, United States Code; or ####
(2)#####
(A)deobligate the funds; and #####
(B)reobligate the funds for any eligible purpose under that section. ###
(e)Applicability ####
(1)In general Subject to paragraph (2), this section applies only to eligible funds. ####
(2)Discretionary allocations; section 125 projects This section does not apply to funds that are— #####
(A)allocated at the discretion of the Secretary and for which the Secretary has the authority to withdraw the allocation for use on other projects; or #####
(B)made available to carry out projects under section 125 of title 23, United States Code. ###
(f)Period of Availability; Title 23 Requirements ####
(1)In general Notwithstanding the original source or period of availability of eligible funds obligated, or deobligated and reobligated, under subsection (d), the eligible funds— #####
(A)shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted; and #####
(B)except as provided in paragraph (2), shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share. ####
(2)Exception With respect to eligible funds described in paragraph (1)— #####
(A)section 133(d) of title 23, United States Code, shall not apply; and #####
(B)the period of availability of the eligible funds shall be determined in accordance with this section. ###
(g)Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any action taken by the Secretary under this section. ###
(h)Sense of Congress Regarding Use of Eligible Funds It is the sense of Congress that eligible funds made available under this Act or title 23, United States Code, should be available for obligation for transportation projects and activities in the same geographic region for which the eligible funds were initially made available.
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Sec. 1603
USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS
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