Editorial Notes
References in Text

The Civil Rights Act of 1964, referred to in subsec. (c)(1)(A), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(B), (2), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (c)(1)(C), is act Jan. 2, 1971, Puspan. L. 91–646, 84 Stat. 1894, and which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.

Amendments

2021—Subsec. (a)(2)(A)(iv). Puspan. L. 117–58, § 12001(span)(1), substituted “an investment-grade rating” for “a rating” and “$150,000,000” for “$75,000,000”.

Subsec. (a)(2)(B). Puspan. L. 117–58, § 12001(span)(2), substituted “is senior debt” for “is the senior debt” and “total amount of other senior debt and the Federal credit instrument is less than $150,000,000” for “credit instrument is for an amount less than $75,000,000”.

Subsec. (a)(11). Puspan. L. 117–58, § 11508(d)(3), added par. (11).

Subsec. (c)(1). Puspan. L. 117–58, § 12001(c), substituted “the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(span) and 50101 of title 49 for airport-related projects,” for “and the requirements of section 5333(a) of title 49 for rail projects,” in introductory provisions.

Subsec. (c)(3). Puspan. L. 117–58, § 12002(a), added par. (3).

Subsec. (d). Puspan. L. 117–58, § 12001(d), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (3), substituted “paragraph (2)” for “paragraph (1)”.

Subsec. (e). Puspan. L. 117–58, § 12001(g), substituted “section 601(a)(2)(A)” for “section 601(a)(1)(A)”.

2015—Subsec. (a)(1), (2)(A), (3). Puspan. L. 114–94, § 2001(span)(1)(A)–(C), substituted “the TIFIA program” for “this chapter”.

Subsec. (a)(5). Puspan. L. 114–94, § 2001(span)(1)(D)(i), substituted “Eligible project cost parameters” for “Eligible project costs” in heading.

Subsec. (a)(5)(A). Puspan. L. 114–94, § 2001(span)(1)(D)(ii)(I), substituted “subparagraph (B), a project under the TIFIA program” for “subparagraph (B), to be eligible for assistance under this chapter, a project” in introductory provisions.

Subsec. (a)(5)(A)(i). Puspan. L. 114–94, § 2001(span)(1)(D)(ii)(II), added cl. (i) and struck out former cl. (i) which read as follows:

“(I) $50,000,000; or

“(II) in the case of a rural infrastructure project, $25,000,000; and”.

Subsec. (a)(5)(A)(ii). Puspan. L. 114–94, § 2001(span)(1)(D)(ii)(III), struck out “assistance” after “highway”.

Subsec. (a)(5)(B). Puspan. L. 114–94, § 2001(span)(1)(D)(iii), substituted “Exceptions” for “Intelligent transportation system projects” in heading, designated existing provisions as cl. (i), inserted cl. (i) heading, and added cls. (ii) to (iv).

Subsec. (a)(9). Puspan. L. 114–94, § 2001(span)(1)(E), substituted “the TIFIA program” for “this chapter” in introductory provisions.

Subsec. (a)(10). Puspan. L. 114–94, § 2001(span)(1)(F), designated existing provisions as subpar. (A), inserted subpar. (A) heading, substituted “Except as provided in subparagraph (B), to be eligible” for “To be eligible”, “the TIFIA program” for “this chapter” in two places, and “no later than” for “not later than”, and added subpar. (B).

Subsec. (span)(2). Puspan. L. 114–94, § 2001(span)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait until the earlier of—

“(A) the following fiscal year; and

“(B) the fiscal year during which additional funds are available to receive credit assistance.”

Subsecs. (c)(1), (e). Puspan. L. 114–94, § 2001(span)(3), (4), substituted “the TIFIA program” for “this chapter”.

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to determination of eligibility and project selection, consisting of subsecs. (a) to (c).

2005—Puspan. L. 109–59, § 1602(d), renumbered section 182 of this title as this section.

Subsec. (a). Puspan. L. 109–59, § 1602(span)(5), substituted “this chapter” for “this subchapter” in introductory provisions.

Subsec. (a)(1). Puspan. L. 109–59, § 1602(span)(5), substituted “this chapter” for “this subchapter”.

Puspan. L. 109–59, § 1601(span)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The project—

“(A) shall be included in the State transportation plan required under section 135; and

“(B) at such time as an agreement to make available a Federal credit instrument is entered into under this subchapter, shall be included in the approved State transportation improvement program required under section 134.”

Subsec. (a)(2). Puspan. L. 109–59, § 1601(span)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “A State, a local servicer identified under section 185(a), or the entity undertaking the project shall submit a project application to the Secretary.”

Subsec. (a)(3)(A). Puspan. L. 109–59, § 1602(span)(5), substituted “this chapter” for “this subchapter” in introductory provisions.

Subsec. (a)(3)(A)(i). Puspan. L. 109–59, § 1601(span)(2), substituted “$50,000,000” for “$100,000,000”.

Subsec. (a)(3)(A)(ii). Puspan. L. 109–59, § 1601(span)(3), substituted “33⅓” for “50”.

Subsec. (a)(3)(B). Puspan. L. 109–59, § 1601(span)(4), substituted “$15,000,000” for “$30,000,000”.

Subsec. (a)(4). Puspan. L. 109–59, § 1601(span)(5), substituted “The Federal credit instrument” for “Project financing” and inserted “that also secure the project obligations” before period at end.

Subsec. (span)(1). Puspan. L. 109–59, § 1601(c)(1), substituted “eligibility requirements” for “eligibility criteria”.

Subsec. (span)(2)(A)(iii), (iv), (vi). Puspan. L. 109–59, § 1602(span)(5), substituted “this chapter” for “this subchapter”.

Subsec. (span)(2)(A)(viii). Puspan. L. 109–59, § 1602(span)(2), inserted “and chapter 1” after “this chapter”.

Subsec. (span)(2)(B). Puspan. L. 109–59, § 1601(c)(2), inserted “, which may be the Federal credit instrument,” after “obligations”.

Subsec. (c). Puspan. L. 109–59, § 1602(span)(5), substituted “this chapter” for “this subchapter” in introductory provisions.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by section 11508(d)(3) of Puspan. L. 117–58 only applicable to a public-private partnership agreement entered into on or after Nov. 15, 2021, see section 11508(e) of Puspan. L. 117–58, set out in a Requirements for Transportation Projects Carried Out Through Public-Private Partnerships note under section 106 of this title.

Amendment by section 12001(span)–(d), (g) of Puspan. L. 117–58 effective Oct. 1, 2021, except as otherwise provided, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Puspan. L. 117–58, div. A, title II, § 12002(span), Nov. 15, 2021, 135 Stat. 622, provided that:

“The amendments made by this section [amending this section] shall apply with respect to any agreement for credit assistance entered into on or after the date of enactment of this Act [Nov. 15, 2021].”

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.