§ 104. — Apportionment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC104]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 104. Apportionment
(a) Administrative Expenses.--
(1) In general.--Whenever an apportionment is made of the sums
made available for expenditure on each of the surface transportation
program under section 133, the bridge program under section 144, the
congestion mitigation and air quality improvement program under
section 149, the Interstate and National Highway System program, the
minimum guarantee program under section 105, the Federal lands
highway program under section 204, or the Appalachian development
highway system program under section 201 \1\ of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to exceed--
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\1\ See References in Text note below.
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(A) 1\1/6\ percent of all sums so made available, as the
Secretary determines necessary--
(i) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
(ii) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system; and
(B) one-third of 1 percent of all sums so made available, as
the Secretary determines necessary, to administer the provisions
of law to be financed from appropriations for motor carrier
safety programs and motor carrier safety research.
(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary shall take
into account the unobligated balance of any sums deducted under this
subsection in prior fiscal years.
(3) Availability.--The sum deducted under paragraph (1) shall
remain available until expended.
(4) Limitation on transferability.--Unless expressly authorized
by law, the Secretary may not transfer any sums deducted under
paragraph (1) to a Federal agency or entity other than the Federal
Highway Administration and the Federal Motor Carrier Safety
Administration.
(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States in
the following manner:
(1) National highway system component.--
(A) In general.--For the National Highway System (excluding
funds apportioned under paragraph (4)), $36,400,000 for each
fiscal year to the Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands, $18,800,000 for each
of fiscal years 1998 through 2002 for the Alaska Highway, and
the remainder apportioned as follows:
(i) 25 percent in the ratio that--
(I) the total lane miles of principal arterial
routes (excluding Interstate System routes) in each
State; bears to
(II) the total lane miles of principal arterial
routes (excluding Interstate System routes) in all
States.
(ii) 35 percent in the ratio that--
(I) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
(II) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
(iii) 30 percent in the ratio that--
(I) the total diesel fuel used on highways in each
State; bears to
(II) the total diesel fuel used on highways in all
States.
(iv) 10 percent in the ratio that--
(I) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by
the total population of the State; bears to
(II) the quotient obtained by dividing the total
lane miles on principal arterial highways in all States
by the total population of all States.
(B) Minimum apportionment.--Notwithstanding subparagraph (A)
and paragraph (4), each State shall receive a minimum of \1/2\
of 1 percent of the funds apportioned under subparagraph (A) and
paragraph (4).
(2) Congestion mitigation and air quality improvement program.--
(A) In general.--For the congestion mitigation and air
quality improvement program, in the ratio that--
(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
(B) Calculation of weighted nonattainment and maintenance
area population.--Subject to subparagraph (C), for the purpose
of subparagraph (A), the weighted nonattainment and maintenance
area population shall be calculated by multiplying the
population of each area in a State that was a nonattainment area
or maintenance area as described in section 149(b) for ozone or
carbon monoxide by a factor of--
(i) 0.8 if--
(I) at the time of the apportionment, the area is a
maintenance area; or
(II) at the time of the apportionment, the area is
classified as a submarginal ozone nonattainment area
under the Clean Air Act (42 U.S.C. 7401 et seq.);
(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
such subpart;
(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
such subpart;
(v) 1.3 if, at the time of the apportionment, the area
is classified as a severe ozone nonattainment area under
such subpart;
(vi) 1.4 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
such subpart; or
(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is classified under subpart 3
of part D of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b) for carbon
monoxide.
(C) Additional adjustment for carbon monoxide areas.--
(i) Carbon monoxide nonattainment areas.--If, in
addition to being classified as a nonattainment or
maintenance area for ozone, the area was also classified
under subpart 3 of part D of title I of such Act (42 U.S.C.
7512 et seq.) as a nonattainment area described in section
149(b) for carbon monoxide, the weighted nonattainment or
maintenance area population of the area, as determined under
clauses (i) through (vi) of subparagraph (B), shall be
further multiplied by a factor of 1.2.
(ii) Carbon monoxide maintenance areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was at one time also classified under
subpart 3 of part D of title I of such Act (42 U.S.C. 7512
et seq.) as a nonattainment area described in section 149(b)
for carbon monoxide but has been redesignated as a
maintenance area, the weighted nonattainment or maintenance
area population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further
multiplied by a factor of 1.1.
(D) Minimum apportionment.--Notwithstanding any other
provision of this paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned under this
paragraph.
(E) Determinations of population.--In determining population
figures for the purposes of this paragraph, the Secretary shall
use the latest available annual estimates prepared by the
Secretary of Commerce.
(3) Surface transportation program.--
(A) In general.--For the surface transportation program, in
accordance with the following formula:
(i) 25 percent of the apportionments in the ratio that--
(I) the total lane miles of Federal-aid highways in
each State; bears to
(II) the total lane miles of Federal-aid highways in
all States.
(ii) 40 percent of the apportionments in the ratio
that--
(I) the total vehicle miles traveled on lanes on
Federal-aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
(iii) 35 percent of the apportionments in the ratio
that--
(I) the estimated tax payments attributable to
highway users in each State paid into the Highway Trust
Fund (other than the Mass Transit Account) in the latest
fiscal year for which data are available; bears to
(II) the estimated tax payments attributable to
highway users in all States paid into the Highway Trust
Fund (other than the Mass Transit Account) in the latest
fiscal year for which data are available.
(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent of
the funds apportioned under this paragraph.
(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
(A) 33\1/3\ percent in the ratio that--
(i) the total lane miles on Interstate System routes
open to traffic in each State; bears to
(ii) the total of all such lane miles in all States;
(B) 33\1/3\ percent in the ratio that--
(i) the total vehicle miles traveled on Interstate
System routes open to traffic in each State; bears to
(ii) the total of all such vehicle miles traveled in all
States; and
(C) 33\1/3\ percent in the ratio that--
(i) the total of each State's annual contributions to
the Highway Trust Fund (other than the Mass Transit Account)
attributable to commercial vehicles; bears to
(ii) the total of such annual contributions by all
States.
(c) Transferability of NHS Apportionments.--A State may transfer not
to exceed 50 percent of the State's apportionment under subsection
(b)(1) to the apportionment of the State under subsection (b)(3). A
State may transfer not to exceed 100 percent of the State's
apportionment under subsection (b)(1) to the apportionment of the State
under subsection (b)(3) if the State requests to make such transfer and
the Secretary approves such transfer as being in the public interest,
after providing notice and sufficient opportunity for public comment.
Section 133(d) shall not apply to funds transferred under this
subsection.
(d) Operation Lifesaver and High Speed Rail Corridors.--
(1) Operation lifesaver.--Before making an apportionment under
subsection (b)(3) of this section for a fiscal year, the Secretary
shall set aside $500,000 for such fiscal year for carrying out a
public information and education program to help prevent and reduce
motor vehicle accidents, injuries, and fatalities and to improve
driver performance at railway-highway crossings.
(2) Railway-highway crossing hazard elimination in high speed
rail corridors.--
(A) In general.--Before making an apportionment of funds
under subsection (b)(3) for a fiscal year, the Secretary shall
set aside $5,250,000 of the funds made available for the surface
transportation program for the fiscal year for elimination of
hazards of railway-highway crossings.
(B) Eligible corridors.--Subject to subparagraph (E), funds
made available under subparagraph (A) shall be expended for
projects in--
(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause);
(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D);
(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
(v) an Empire State railway corridor from New York City
to Albany to Buffalo, New York.
(C) Required inclusion of high speed rail lines.--A corridor
selected by the Secretary under subparagraph (B) shall include
rail lines where railroad speeds of 90 miles or more per hour
are occurring or can reasonably be expected to occur in the
future.
(D) Considerations in corridor selection.--In selecting
corridors under subparagraph (B), the Secretary shall consider--
(i) projected rail ridership volume in each corridor;
(ii) the percentage of each corridor over which a train
will be capable of operating at its maximum cruise speed
taking into account such factors as topography and other
traffic on the line;
(iii) projected benefits to nonriders such as congestion
relief on other modes of transportation serving each
corridor (including congestion in heavily traveled air
passenger corridors);
(iv) the amount of State and local financial support
that can reasonably be anticipated for the improvement of
the line and related facilities; and
(v) the cooperation of the owner of the right-of-way
that can reasonably be expected in the operation of high
speed rail passenger service in each corridor.
(E) Certain improvements.--Not less than $250,000 of such
set-aside shall be available per fiscal year for eligible
improvements to the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
(F) Authorization of appropriations.--There is authorized to
be appropriated $15,000,000 for each of fiscal years 1999
through 2003 to carry out this subsection.
(e) Certification of Apportionments.--
(1) In general.--On October 1 of each fiscal year the Secretary
shall certify to each of the State transportation departments the
sums which he has apportioned hereunder to each State for such
fiscal year, and also the sums which he has deducted for
administration pursuant to subsection (a) of this section. To permit
the States to develop adequate plans for the utilization of
apportioned sums, the Secretary shall advise each State of the
amount that will be apportioned each year under this section not
later than ninety days before the beginning of the fiscal year for
which the sums to be apportioned are authorized, except that in the
case of the Interstate System the Secretary shall advise each State
ninety days prior to the apportionment of such funds.
(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 105, or 144 by the 21st day of a
fiscal year beginning after September 30, 1998, the Secretary shall
transmit, by such 21st day, to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a written statement of
the reason for not making such apportionment in a timely manner.
(f) Metropolitan Planning.--
(1) Set-aside.--On October 1 of each fiscal year, the Secretary,
after making the deduction authorized by subsection (a) of this
section, shall set aside not to exceed 1 percent of the remaining
funds authorized to be appropriated for expenditure upon programs
authorized under this title, for the purpose of carrying out the
requirements of section 134 of this title.
(2) Apportionment to states of set-aside funds.--These funds
shall be apportioned to the States in the ratio which the population
in urbanized areas or parts thereof, in each State bears to the
total population in such urbanized areas in all the States as shown
by the latest available census, except that no State shall receive
less than one-half per centum of the amount apportioned.
(3) Use of funds.--The funds apportioned to any State under
paragraph (2) of this subsection shall be made available by the
State to the metropolitan planning organizations responsible for
carrying out the provisions of section 134 of this title, except
that States receiving the minimum apportionment under paragraph (2)
may, in addition, subject to the approval of the Secretary, use the
funds apportioned to finance transportation planning outside of
urbanized areas. These funds shall be matched in accordance with
section 120(b) unless the Secretary determines that the interests of
the Federal-aid highway program would be best served without such
matching.
(4) Distribution of funds within states.--The distribution
within any State of the planning funds made available to agencies
under paragraph (3) of this subsection shall be in accordance with a
formula developed by each State and approved by the Secretary which
shall consider but not necessarily be limited to, population, status
of planning, attainment of air quality standards, metropolitan area
transportation needs, and other factors necessary to provide for an
appropriate distribution of funds to carry out the requirements of
section 134 and other applicable requirements of Federal law.
(5) Determination of population figures.--For the purposes of
determining population figures under this subsection, the Secretary
shall use the most recent estimate published by the Secretary of
Commerce.
(g) Not more than 40 per centum of the amount apportioned in any
fiscal year to each State in accordance with sections 130, 144, and 152
of this title may be transferred from the apportionment under one
section to the apportionment under any other of such sections if such a
transfer is requested by the State transportation department and is
approved by the Secretary as being in the public interest. The Secretary
may approve the transfer of 100 per centum of the apportionment under
one such section to the apportionment under any other of such sections
if such transfer is requested by the State transportation department,
and is approved by the Secretary as being in the public interest, if he
has received satisfactory assurances from such State transportation
department that the purposes of the program from which such funds are to
be transferred have been met. A State may transfer not to exceed 50
percent of the State's apportionment under section 144 in any fiscal
year to the apportionment of such State under subsection (b)(1) or
subsection (b)(3) of this section. Any transfer to subsection (b)(3)
shall not be subject to section 133(d). Nothing in this subsection
authorizes the transfer of any amount apportioned from the Highway Trust
Fund to any apportionment the funds for which were not from the Highway
Trust Fund, and nothing in this subsection authorizes the transfer of
any amount apportioned from funds not from the Highway Trust Fund to any
apportionment the funds for which were from the Highway Trust Fund.
(h) Recreational Trails Program.--
(1) Administrative costs.--Whenever an apportionment is made of
the sums authorized to be appropriated to carry out the recreational
trails program under section 206, the Secretary shall deduct an
amount, not to exceed 1\1/2\ percent of the sums authorized, to
cover the cost to the Secretary for administration of and research
and technical assistance under the recreational trails program and
for administration of the National Recreational Trails Advisory
Committee. The Secretary may enter into contracts with for-profit
organizations or contracts, partnerships, or cooperative agreements
with other government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
(2) Apportionment to the states.--After making the deduction
authorized by paragraph (1) of this subsection, the Secretary shall
apportion the remainder of the sums authorized to be appropriated
for expenditure on the recreational trails program for each fiscal
year, among the States in the following manner:
(A) 50 percent of that amount shall be apportioned equally
among eligible States.
(B) 50 percent of that amount shall be apportioned among
eligible States in amounts proportionate to the degree of non-
highway recreational fuel use in each of those States during the
preceding year.
(3) Eligible state defined.--In this section, the term
``eligible State'' means a State that meets the requirements of
section 206(c).
(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the Office of
Inspector General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with section 3521 of
title 31.
(j) Report to Congress.--The Secretary shall submit to Congress a
report for each fiscal year on--
(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal year
under this section and sections 105 and 144;
(3) the balance of unobligated sums available for expenditure at
the discretion of the Secretary for such highways and programs for
the fiscal year; and
(4) the rates of obligation of funds apportioned or set aside
under this section and sections 105, 133, and 144, according to--
(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including urbanized and rural
areas, on the basis of the population of each such area.
(k) Transfer of Highway and Transit Funds.--
(1) Transfer of highway funds.--Funds made available under this
title and transferred for transit projects of a type described in
section 133(b)(2) shall be administered by the Secretary in
accordance with chapter 53 of title 49, except that the provisions
of this title relating to the non-Federal share shall apply to the
transferred funds.
(2) Transfer of transit funds.--Funds made available under
chapter 53 of title 49 and transferred for highway projects shall be
administered by the Secretary in accordance with this title, except
that the provisions of such chapter relating to the non-Federal
share shall apply to the transferred funds.
(3) Transfer of obligation authority.--Obligation authority
provided for projects described in paragraphs (1) and (2) shall be
transferred in the same manner and amount as the funds for the
projects are transferred.
(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Notwithstanding any other provision of law, deposits into the Highway
Trust Fund resulting from the application of section 901(e) of the
Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity Act for the
21st Century and this title.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86-70,
Sec. 21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86-657, Sec. 8(g),
July 14, 1960, 74 Stat. 525; Pub. L. 87-866, Sec. 10(a), Oct. 23, 1962,
76 Stat. 1148; Pub. L. 88-157, Secs. 2, 3, Oct. 24, 1963, 77 Stat. 276;
Pub. L. 88-423, Sec. 4(a), Aug. 13, 1964, 78 Stat. 397; Pub. L. 89-574,
Sec. 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90-495, Sec. 4(b), Aug.
23, 1968, 82 Stat. 816; Pub. L. 91-605, title I, Secs. 104(b), 106(c),
Dec. 31, 1970, 84 Stat. 1714, 1717; Pub. L. 93-87, title I,
Secs. 106(b), 111(a), 112, title II, Sec. 227, Aug. 13, 1973, 87 Stat.
254, 256, 257, 292; Pub. L. 94-280, title I, Secs. 106(b), 107(b),
112(a)-(g), 113(a), title II, Sec. 206, May 5, 1976, 90 Stat. 429, 430,
433-435, 453; Pub. L. 95-599, title I, Secs. 108-110, 116(b), Nov. 6,
1978, 92 Stat. 2695, 2696, 2699; Pub. L. 97-134, Secs. 4(c), 5, Dec. 29,
1981, 95 Stat. 1700; Pub. L. 100-17, title I, Secs. 102(b)(1), (2),
114(e)(1), Apr. 2, 1987, 101 Stat. 135, 153; Pub. L. 100-202,
Sec. 101(l) [title III, Sec. 347(a)], Dec. 22, 1987, 101 Stat. 1329-358,
1329-388; Pub. L. 101-516, title III, Sec. 333 [part], Nov. 5, 1990, 104
Stat. 2184; Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105
Stat. 947; Pub. L. 102-240, title I, Secs. 1001(c)-(e), 1003(e),
1006(e), (f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g),
Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962, 1968;
Pub. L. 104-59, title III, Secs. 302, 319(a)(2), 337(f), title IV,
Sec. 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633; Pub. L. 105-130,
Secs. 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105-178,
title I, Secs. 1103(a)-(k), (o), 1212(a)(2)(A), June 9, 1998, 112 Stat.
118-125, 193; Pub. L. 105-206, title IX, Sec. 9002(c)(3), July 22, 1998,
112 Stat. 835; Pub. L. 106-159, title I, Sec. 101(b), Dec. 9, 1999, 113
Stat. 1751.)
References in Text
Section 201 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.), referred to in subsec. (a)(1), is section 201 of Pub. L.
89-4, Mar. 9, 1965, 79 Stat. 10, as amended, which was classified to the
Appendix of former Title 40, Public Buildings, Property, and Works, and
was repealed and reenacted as section 14501 of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304.
The Clean Air Act, referred to in subsec. (b)(2)(B), (C), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended. Subpart 2 of part D of
title I of the Act is classified to subpart 2 (Sec. 7511 et seq.) of
part D of subchapter I of chapter 85 of Title 42, The Public Health and
Welfare. Subpart 3 of part D of title I of the Act is classified to
subpart 3 (Sec. 7512 et seq.) of part D of subchapter I of chapter 85 of
Title 42. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of this clause, referred to in subsec.
(d)(2)(B)(i), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
Section 901(e) of the Taxpayer Relief Act of 1997, referred to in
subsec. (l), is section 901(e) of Pub. L. 105-34, title IX, Aug. 5,
1997, 111 Stat. 872, which is set out as a note under section 6302 of
Title 26, Internal Revenue Code.
The Transportation Equity Act for the 21st Century, referred to in
subsec. (l), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as
amended. For complete classification of this Act to the Code, see
section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998
Amendment note under section 101 of this title and Tables.
Codification
Another section 1003(e) of Pub. L. 102-240, as added by Pub. L. 105-
130, Sec. 2(d), is not classified to the Code.
Amendments
1999--Subsec. (a)(1). Pub. L. 106-159, Sec. 101(b)(1)-(3),
substituted ``exceed--'' for ``exceed 1\1/2\ percent of all sums so made
available, as the Secretary determines necessary--'' in introductory
provisions, added introductory provisions of subpar. (A), redesignated
former subpars. (A) and (B) as cls. (i) and (ii), respectively, of
subpar. (A), substituted ``; and'' for the period at end of cl. (ii),
and added subpar. (B).
Subsec. (a)(4). Pub. L. 106-159, Sec. 101(b)(4), which directed
amendment of subsec. (a)(1) by adding par. (4) at the end, was executed
by adding par. (4) at the end of subsec. (a), to reflect the probable
intent of Congress.
1998--Subsec. (a). Pub. L. 105-178, Sec. 1103(a), added subsec. (a)
and struck out former subsec. (a) which read as follows: ``Whenever an
apportionment is made of the sums authorized to be appropriated for
expenditure on the surface transportation program, the congestion
mitigation and air quality improvement program, the National Highway
System, and the Interstate System, the Secretary shall deduct a sum, in
such amount not to exceed 3\3/4\ per centum of all sums so authorized as
the Secretary may deem necessary for administering the provisions of law
to be financed from appropriations for the Federal-aid systems and for
carrying on the research authorized by subsections (a) and (b) of
section 307 of this title. In making such determination, the Secretary
shall take into account the unexpended balance of any sums deducted for
such purposes in prior years. The sum so deducted shall be available for
expenditure from the unexpended balance of any appropriation made at any
time for expenditure upon the Federal-aid systems, until such sum has
been expended.''
Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(o)(1), as added by Pub.
L. 105-206, Sec. 9002(c)(3), struck out ``under section 103'' after
``National Highway System program'' in introductory provisions.
Subsec. (b). Pub. L. 105-178, Sec. 1103(b), inserted heading and
amended text of subsec. (b) generally. Prior to amendment, text related
to Secretary's apportionment among various States of sums authorized to
be appropriated for surface transportation program, congestion
mitigation and air quality improvement program, National Highway System,
and Interstate System each fiscal year.
Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1103(o)(2)(A), as added by
Pub. L. 105-206, Sec. 9002(c)(3), substituted ``1998 through 2002'' for
``1999 through 2003''.
Subsec. (b)(4)(B)(i). Pub. L. 105-178, Sec. 1103(o)(2)(B), as added
by Pub. L. 105-206, Sec. 9002(c)(3), substituted ``on Interstate System
routes open to traffic in each State'' for ``on lanes on Interstate
System routes designated under--
``(I) section 103;
``(II) section 139(a) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st Century)
before March 9, 1984 (other than routes on toll roads not subject to
a Secretarial agreement under section 105 of the Federal-Aid Highway
Act of 1978 (92 Stat. 2692)); and
``(III) section 139(c) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st Century);
in each State''.
Subsec. (d)(1). Pub. L. 105-178, Sec. 1103(c)(1), substituted
``Before making an apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside $500,000 for such'' for
``The Secretary shall expend, from administrative funds deducted under
subsection (a), $300,000 for each''.
Subsec. (d)(2). Pub. L. 105-178, Sec. 1103(c)(2), added par. (2) and
struck out former par. (2) which read as follows:
``(2) Railway-highway crossing hazard elimination in high speed rail
corridors.--(A) Before making an apportionment of funds under subsection
(b)(3) for a fiscal year, the Secretary shall set aside $5,000,000 of
the funds authorized to be appropriated for the surface transportation
program for such fiscal year for elimination of hazards of railway-
highway crossings in not to exceed 5 railway corridors selected by the
Secretary in accordance with the criteria set forth in this paragraph.
``(B) A corridor selected by the Secretary under subparagraph (A)
must include rail lines where railroad speeds of 90 miles per hour are
occurring or can reasonably be expected to occur in the future.''
Subsec. (d)(3). Pub. L. 105-178, Sec. 1103(c)(2), struck out par.
(3) which read as follows: ``In making the determination required by
paragraph (2)(A), the Secretary shall consider projected rail ridership
volumes in such corridors, the percentage of the corridor over which a
train will be capable of operating at its maximum cruise speed taking
into account such factors as topography and other traffic on the line,
projected benefits to nonriders such as congestion relief on other modes
of transportation serving the corridors (including congestion in heavily
traveled air passenger corridors), the amount of State and local
financial support that can reasonably be anticipated for the improvement
of the line and related facilities, and the cooperation of the owner of
the right-of-way that can reasonably be expected in the operation of
high speed rail passenger service in such corridors.''
Subsec. (e). Pub. L. 105-178, Sec. 1103(d), inserted heading,
designated existing provisions as par. (1), inserted heading, struck out
``(other than under subsection (b)(5) of this section)'' after
``apportioned hereunder'' and ``and research'' before ``pursuant to
subsection (a) of this section'' in first sentence, struck out second
sentence which read ``On October 1 of the year preceding the fiscal year
for which authorized, the Secretary shall certify to each of the State
highway departments the sums which he has apportioned under subsection
(b)(5) of this section to each State for such fiscal year, and also the
sums which he has deducted for administration and research pursuant to
subsection (a) of this section.'', realigned margins, and added par.
(2).
Subsec. (e)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii), substituted
``State transportation departments'' for ``State highway departments''.
Subsec. (e)(2). Pub. L. 105-178, Sec. 1103(o)(3), as added by Pub.
L. 105-206, Sec. 9002(c)(3), substituted ``104, 105, or 144'' for ``104,
144, or 157''.
Subsec. (f). Pub. L. 105-178, Sec. 1103(k)(1), inserted heading.
Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(k)(2), which directed the
amendment of par. (1) by striking out `` `, except that' and all that
follows through `programs' '', was executed by striking out ``, except
that the amount from which such set aside is made shall not include
funds authorized to be appropriated for the recreational trails
program'' after ``section 134 of this title'' to reflect the probable
intent of Congress and the amendment by Pub. L. 105-178,
Sec. 1103(e)(1). See below.
Pub. L. 105-178, Sec. 1103(k)(1), (6), inserted heading and
realigned margins.
Pub. L. 105-178, Sec. 1103(e)(1), substituted ``recreational trails
program'' for ``Interstate construction and Interstate substitute
programs''.
Subsec. (f)(2). Pub. L. 105-178, Sec. 1103(k)(3), (6), inserted
heading and realigned margins.
Subsec. (f)(3). Pub. L. 105-178, Sec. 1103(e)(2), (k)(4), (6),
inserted heading, substituted ``section 120(b)'' for ``section 120(j) of
this title'', and realigned margins.
Subsec. (f)(4). Pub. L. 105-178, Sec. 1103(k)(5), (6), inserted
heading and realigned margins.
Subsec. (f)(5). Pub. L. 105-178, Sec. 1103(k)(6), realigned margins.
Subsec. (g). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''
wherever appearing.
Subsec. (h). Pub. L. 105-178, Sec. 1103(f), amended heading and text
of subsec. (h) generally. Prior to amendment, text read as follows: ``In
addition to funds made available from the National Recreational Trails
Trust Fund, the Secretary shall obligate, from administrative funds
(contract authority) deducted under subsection (a), to carry out section
1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16
U.S.C. 1261) $15,000,000 for each of fiscal years 1996 and 1997 and
$7,500,000 for the period of October 1, 1997, through March 31, 1998.''
Subsec. (i). Pub. L. 105-178, Sec. 1103(g), added subsec. (i) and
struck out former subsec. (i) which read as follows:
``(i) Woodrow Wilson Memorial Bridge.--
``(1) Expenditure.--From any available administrative funds
deducted under subsection (a), the Secretary shall obligate such
sums as are necessary for each of fiscal years 1996 and 1997, and
for the period of October 1, 1997, through March 31, 1998, for the
rehabilitation of the Woodrow Wilson Memorial Bridge and for
environmental studies and documentation, planning, preliminary
engineering and design, and final engineering for a new crossing of
the Potomac River as part of the Project, as defined by section 404
of the Woodrow Wilson Memorial Bridge Authority Act of 1995.
``(2) Federal share.--The Federal share of the cost of any
project funded with amounts expended under paragraph (1) shall be
100 percent.''
Subsec. (j). Pub. L. 105-178, Sec. 1103(h), added subsec. (j) and
struck out former subsec. (j) which read as follows: ``The Secretary
shall submit to Congress not later than the 20th day of each calendar
month which begins after the date of enactment of this subsection a
report on (1) the amount of obligation, by State, for Federal-aid
highways and the highway safety construction programs during the
preceding calendar month, (2) the cumulative amount of obligation, by
State, for that fiscal year, (3) the balance as of the last day of such
preceding month of the unobligated apportionment of each State by fiscal
year, and (4) the balance of unobligated sums available for expenditure
at the discretion of the Secretary for such highways and programs for
that fiscal year.''
Subsec. (k). Pub. L. 105-178, Sec. 1103(i), added subsec. (k).
Subsec. (l). Pub. L. 105-178, Sec. 1103(j), added subsec. (l).
1997--Subsec. (h). Pub. L. 105-130, Sec. 5(b), added Pub. L. 102-
240, Sec. 1003(e). See 1991 Amendment note below.
Subsec. (i)(1). Pub. L. 105-130, Sec. 4(a)(3), inserted ``, and for
the period of October 1, 1997, through March 31, 1998,'' after ``fiscal
years 1996 and 1997''.
1995--Subsec. (b)(2). Pub. L. 104-59, Sec. 319(a)(2), in second
sentence of introductory provisions substituted ``was a nonattainment
area (as defined in section 171(2) of the Clean Air Act (42 U.S.C.
7501(2))) for ozone during any part of fiscal year 1994'' for ``is a
nonattainment area (as defined in the Clean Air Act) for ozone'' and in
first sentence of closing provisions substituted ``If the area was
also'' for ``If the area is also'', and inserted ``during any part of
fiscal year 1994'' after ``area for carbon monoxide''.
Subsec. (g). Pub. L. 104-59, Sec. 302, substituted ``exceed 50
percent'' for ``exceed 40 percent'' in third sentence.
Subsecs. (h) to (j). Pub. L. 104-59, Secs. 337(f), 410, added
subsecs. (h) and (i) and redesignated former subsec. (h) as (j).
1991--Subsec. (a). Pub. L. 102-240, Sec. 1007(b)(2)(A), substituted
``on the surface transportation program, the congestion mitigation and
air quality improvement program, the National Highway System, and the
Interstate System'' for ``upon the Federal-aid systems'' and was
executed by making the substitution for the first reference to ``upon
the Federal-aid systems''.
Subsec. (a)(2), (3). Pub. L. 102-143, Sec. 333(c), repealed Pub. L.
101-516, Sec. 333. See 1990 Amendment note below.
Subsec. (b). Pub. L. 102-240, Sec. 1007(b)(2), in introductory
provisions, substituted ``paragraph (5)(A)'' for ``paragraphs (4) and
(5)'', ``and section 307'' for ``and sections 118(c) and 307(d)'', and
``on the surface transportation program, the congestion mitigation and
air quality improvement program, the National Highway System, and the
Interstate System'' for ``upon the Federal-aid systems''.
Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
See 1990 Amendment note below.
Subsec. (b)(1). Pub. L. 102-240, Sec. 1006(e), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``For the
Federal-aid primary system (including extensions in urban areas and
priority primary routes)--
``Two-thirds according to the following formula: one-third in
the ratio which the area of each State bears to the total area of
all the States, one-third in the ratio which the population of rural
areas of each State bears to the total population of rural areas of
all the States as shown by the latest available Federal census, and
one-third in the ratio which the mileage of rural delivery routes
and intercity mail routes where service is performed by motor
vehicles in each State bear to the total mileage of rural delivery
and intercity mail routes where service is performed by motor
vehicles, as shown by a certificate of the Postmaster General, which
he is directed to make and furnish annually to the Secretary; and
one-third as follows: in the ratio which the population in urban
areas in each State bears to the total population in urban areas in
all the States as shown by the latest Federal census. No State
(other than the District of Columbia) shall receive less than one-
half of 1 per centum of each year's apportionment.''
Subsec. (b)(2). Pub. L. 102-240, Sec. 1008(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``For the
Federal-aid secondary system:
``One-third in the ratio which the area of each State bears to
the total area of all the States; one-third in the ratio which the
population of rural areas of each State bears to the total
population of rural areas of all the States as shown by the latest
available Federal census; and one-third in the ratio which the
mileage of rural delivery and intercity mail routes where service is
performed by motor vehicles, certified as above provided, in each
State bears to the total mileage of rural delivery and intercity
mail routes where service is performed by motor vehicles in all the
States. No State (other than the District of Columbia) shall receive
less than one-half of 1 per centum of each year's apportionment.''
Subsec. (b)(3). Pub. L. 102-240, Sec. 1007(b)(1), which directed
that par. (3) ``is amended to read as follows'', was executed by adding
par. (3) to reflect the probable intent of Congress, because prior par.
(3) had been repealed. See 1976 Amendment note below.
Subsec. (b)(5)(A). Pub. L. 102-240, Sec. 1001(c)-(e), substituted
``1960 through 1996'' for ``1960 through 1990'' wherever appearing, and
``As soon as practicable after the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991 for fiscal year
1992, and on October 1 of each of fiscal years 1993, 1994, and 1995, the
Secretary shall make the apportionment required by this subparagraph for
all States (other than Massachusetts) using the Federal share of the
last estimate submitted to Congress, adjusted to reflect (i) all
previous credits, apportionments of interstate construction funds, and
lapses of previous apportionments of interstate construction funds, (ii)
previous withdrawals of interstate segments, (iii) previous allocations
of interstate discretionary funds, and (iv) transfers of interstate
construction funds'' for ``On October 1 of each of fiscal years 1988,
1989, 1990, and 1991, whenever Congress has not approved a cost estimate
under this subparagraph, the Secretary shall make the apportionment
required by this subparagraph using the Federal share of the last
estimate submitted to Congress, adjusted to reflect (i) all previous
credits, apportionments of interstate construction funds and lapses of
previous apportionments of interstate construction funds, (ii) previous
withdrawals of interstate segments, (iii) previous allocations of
interstate discretionary funds, and (iv) transfers of interstate
construction funds'', and inserted before last sentence:
``Notwithstanding any other provision of this subparagraph or any cost
estimate approved or adjusted pursuant to this subparagraph, subject to
the deductions under this section, the amounts to be apportioned to the
State of Massachusetts pursuant to this subparagraph for fiscal years
1993, 1994, 1995, and 1996 shall be as follows: $450,000,000 for fiscal
year 1993, $800,000,000 for fiscal year 1994, $800,000,000 for fiscal
year 1995, and $500,000,000 for fiscal year 1996.''
Subsec. (b)(5)(B). Pub. L. 102-240, Sec. 1009(d), inserted ``and
routes on the Interstate System designated under section 139(a) of this
title before March 9, 1984,'' in two places.
Subsec. (c). Pub. L. 102-240, Sec. 1006(f), added subsec. (c) and
struck out former subsec. (c) which read as follows:
``(1) Subject to subsection (d), the amount apportioned in any
fiscal year, commencing with the apportionment of funds authorized to be
appropriated under subsection (a) of section 102 of the Federal-Aid
Highway Act of 1956 (70 Stat. 374), to each State in accordance with
paragraph (1) or (2) of subsection (b) of this section may be
transferred from the apportionment under one paragraph to the
apportionment under the other paragraph if such a transfer is requested
by the State highway department and is approved by the Governor of such
State and the Secretary as being in the public interest.
``(2) Subject to subsection (d), the amount apportioned in any
fiscal year to each State in accordance with paragraph (1) or (6) of
subsection (b) of this section may be transferred from the apportionment
under one paragraph to the apportionment under the other paragraph if
such transfer is requested by the State highway department and is
approved by the Governor of such State and the Secretary as being in the
public interest. Funds apportioned in accordance with paragraph (6) of
subsection (b) of this section shall not be transferred from their
allocation to any urbanized area of two hundred thousand population or
more under section 150 of this title, without the approval of the local
officials of such urbanized area.''
Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
See 1990 Amendment note below.
Subsec. (d). Pub. L. 102-240, Sec. 1010, amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``Each
transfer of apportionments under subsection (c) of this section shall be
subject to the following conditions:
``(1) In the case of transfers under paragraph (1), the total of
all transfers during any fiscal year to any apportionment shall not
increase the original amount of such apportionment for such fiscal
year by more than 50 per centum. Not more than 50 per centum of the
original amount of an apportionment for any fiscal year shall be
transferred to other apportionments.
``(2) In the case of transfers under paragraph (2), the total of
all transfers during any fiscal year to any apportionment shall not
increase the original amount of such apportionment for such fiscal
year by more than 50 per centum. Not more than 50 per centum of the
original amount of an apportionment for any fiscal year shall be
transferred to other apportionments.
``(3) No transfer shall be made from an apportionment during any
fiscal year if during such fiscal year a transfer has been made to
such apportionment.
``(4) No transfer shall be made to an apportionment during any
fiscal year if during such fiscal year a transfer has been made from
such apportionment.''
Subsec. (f)(1). Pub. L. 102-240, Sec. 1024(b)(1)-(3), substituted
``1 percent'' for ``one-half per centum'', ``programs authorized under
this title'' for ``the Federal-aid systems'', and ``except that the
amount from which such set aside is made shall not include funds
authorized to be appropriated for the Interstate construction and
Interstate substitute programs'' for ``except that in the case of funds
authorized for apportionment on the Interstate System, the Secretary
shall set aside that portion of such funds (subject to the overall
limitation of one-half of 1 per centum) on October 1 of the year next
preceding the fiscal year for which such funds are authorized for such
System''.
Subsec. (f)(3). Pub. L. 102-240, Sec. 1024(b)(4), (c)(2),
substituted ``120(j)'' for ``120'' and struck out ``designated by the
State as being'' after ``organizations''.
Subsec. (f)(4). Pub. L. 102-240, Sec. 1024(b)(5), inserted
provisions relating to attainment of air quality standards and
provisions relating to other factors necessary to provide appropriate
distribution of funds to carry out section 134 and other requirements of
Federal law.
Subsec. (f)(5). Pub. L. 102-240, Sec. 1024(b)(6), added par. (5).
Subsec. (g). Pub. L. 102-240, Sec. 1028(g), inserted before last
sentence ``A State may transfer not to exceed 40 percent of the State's
apportionment under section 144 in any fiscal year to the apportionment
of such State under subsection (b)(1) or subsection (b)(3) of this
section. Any transfer to subsection (b)(3) shall not be subject to
section 133(d).''
Subsec. (h). Pub. L. 102-240, Sec. 1003(e), as added by Pub. L. 105-
130, Sec. 5(b), inserted before period at end ``and $7,500,000 for the
period of October 1, 1997, through March 31, 1998''.
1990--Subsec. (a)(2), (3). Pub. L. 101-516, Sec. 333 [part], which
added pars. (2) and (3) to read as follows:
``(2) The Secretary shall withhold 10 per centum (including any
amounts withheld under paragraph (1)) of the amount required to be
apportioned to any State under each of paragraphs (1), (2), (5), and (6)
of section 104(b) on the first day of each fiscal year which begins
after the fourth full calendar year following the date of enactment of
this section if the State does not meet the requirements of paragraph
(3) on the first day of such fiscal year.
``(3) A State meets the requirements of this paragraph if--
``(A) the State has enacted and is enforcing a law that requires
in all circumstances, or requires in the absence of compelling
circumstances warranting an exception--
``(i) the revocation, or suspension for at least 6 months,
of the driver's license of any individual who is convicted,
after the enactment of such law, of--
``(I) any violation of the Controlled Substances Act, or
``(II) any drug offense, and
``(ii) a delay in the issuance or reinstatement of a
driver's license to such an individual for at least 6 months
after the individual applies for the issuance or reinstatement
of a driver's license if the individual does not have a driver's
license, or the driver's license of the individual is suspended,
at the time the individual is so convicted, or
``(B) The Governor of the State--
``(i) submits to the Secretary no earlier than the
adjournment sine die of the first regularly scheduled session of
the State's legislature which begins after the date of enactment
of this section a written certification stating that he is
opposed to the enactment or enforcement in his State of a law
described in subparagraph (A) relating to the revocation,
suspension, issuance, or reinstatement of driver's licenses to
convicted drug offenders; and
``(ii) submits to the Secretary a written certification that
the legislature (including both Houses where applicable) has
adopted a resolution expressing its opposition to a law
described in clause (i).''
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of 1990
Amendment note below and section 159(a)(2), (3) of this title.
Subsec. (b). Pub. L. 101-516, Sec. 333 [part], which amended subsec.
(b) generally to read as follows:
``(1)(A) Any funds withheld under subsection (a) from apportionment
to any State on or before September 30, 1995, shall remain available for
apportionment to such State as follows:
``(i) If such funds would have been apportioned under section
104(b)(5)(A) but for this section, such funds shall remain available
until the end of the fiscal year for which such funds are authorized
to be appropriated.
``(ii) If such funds would have been apportioned under section
104(b)(5)(B) but for this section, such funds shall remain available
until the end of the second fiscal year following the fiscal year
for which such funds are authorized to be appropriated.
``(iii) If such funds would have been apportioned under
paragraph (1), (2), or (6) of section 104(b) but for this section,
such funds shall remain available until the end of the third fiscal
year following the fiscal year for which such funds are authorized
to be appropriated.
``(B) No funds withheld under this section from apportionment to any
State after September 30, 1995, shall be available for apportionment to
such State.
``(2) If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available for
apportionment to a State under paragraph (1), the State meets the
requirements of subsection (a)(3), the Secretary shall, on the first day
on which the State meets the requirements of subsection (a)(3),
apportion to the State the funds withheld under subsection (a) that
remain available for apportionment to the State.
``(3) Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure as follows:
``(A) Funds originally apportioned under section 104(b)(5)(A)
shall remain available until the end of the fiscal year succeeding
the fiscal year in which such funds are apportioned under paragraph
(2).
``(B) Funds originally apportioned under paragraph (1), (2),
(5)(B), or (6) of section 104(b) shall remain available until the
end of the third fiscal year succeeding the fiscal year in which
such funds are so apportioned.
Sums not obligated at the end of such period shall lapse or, in the case
of funds apportioned under section 104(b)(5), shall lapse and be made
available by the Secretary for projects in accordance with section
118(b).
``(4) If, at the end of the period for which funds withheld under
subsection (a) from apportionment are available for apportionment to a
State under paragraph (1), the State does not meet the requirements of
subsection (a)(3), such funds shall lapse or, in the case of funds
withheld from apportionment under section 104(b)(5), such funds shall
lapse and be made available by the Secretary for projects in accordance
with section 118(b).''
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of 1990
Amendment note below and section 159(b) of this title.
Subsec. (c). Pub. L. 101-516, Sec. 333 [part], which amended subsec.
(c) generally to read as follows: ``For purposes of this section--
``(1) The term `driver's license' means a license issued by a
State to any individual that authorizes the individual to operate a
motor vehicle on highways.
``(2) The term `drug offense' means any criminal offense which
proscribes--
``(A) the possession, distribution, manufacture,
cultivation, sale, transfer, or the attempt or conspiracy to
possess, distribute, manufacture, cultivate, sell, or transfer
any substance the possession of which is prohibited under the
Controlled Substances Act, or
``(B) the operation of a motor vehicle under the influence
of such a substance.
``(3) The term `convicted' includes adjudicated under juvenile
proceedings.''
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of 1990
Amendment note below and section 159(c) of this title.
1987--Subsec. (b). Pub. L. 100-17, Sec. 114(e)(1), inserted ``and
the set asides authorized by subsection (f) of this section and sections
118(c) and 307(d) of this title'' after ``subsection (a) of this
section'' in introductory provisions.
Subsec. (b)(5)(A). Pub. L. 100-17, Sec. 102(b)(1), inserted after
``September 30, 1990.'' the following: ``The Secretary shall make a
revised estimate of the cost of completing the then designated
Interstate System after taking into account all previous apportionments
made under this section in the same manner as stated above, and transmit
the same to the Senate and the House of Representatives within 10 days
subsequent to January 2, 1989. Upon the approval by Congress, the
Secretary shall use the Federal share of such approved estimates in
making apportionments for the fiscal years 1991 and 1992. The Secretary
shall make a revised estimate of the cost of completing the then
designated Interstate System after taking into account all previous
apportionments made under this section in the same manner as stated
above, and transmit the same to the Senate and the House of
Representatives within 10 days subsequent to January 2, 1991. Upon the
approval by Congress, the Secretary shall use the Federal share of such
approved estimates in making apportionments for the fiscal year 1993.''
Pub. L. 100-17, Sec. 102(b)(2), inserted at end ``On October 1 of
each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress has
not approved a cost estimate under this subparagraph, the Secretary
shall make the apportionment required by this subparagraph using the
Federal share of the last estimate submitted to Congress, adjusted to
reflect (i) all previous credits, apportionments of interstate
construction funds and lapses of previous apportionments of interstate
construction funds, (ii) previous withdrawals of interstate segments,
(iii) previous allocations of interstate discretionary funds, and (iv)
transfers of interstate construction funds. If, before apportionment of
funds under this subparagraph for any fiscal year, the Secretary and a
State highway department agree that a portion of the apportionment to
such State is not needed for such fiscal year, the amount of such
portion shall be made available under section 118(b)(2) of this title.''
Subsec. (g). Pub. L. 100-202 substituted ``sections 130, 144, and
152 of this title'' for ``sections 144, 152, and 153 of this title, or
section 203(d) of the Highway Safety Act of 1973,'' and struck out ``All
or any part of the funds apportioned in any fiscal year to a State in
accordance with section 203(d) of the Highway Safety Act of 1973 from
funds authorized in section 203(c) of such Act, may be transferred from
that apportionment to the apportionment made under section 219 of this
title if such transfer is requested by the State highway department and
is approved by the Secretary after he has received satisfactory
assurances from such department that the purposes of such section 203
have been met.''
1981--Subsec. (b)(5)(A). Pub. L. 97-134, Sec. 4(c), inserted
provision that the Secretary shall include only those costs eligible for
funds authorized by section 108(b) of the Federal Highway Act of 1956 in
making the revised estimate of completing Interstate System for the
purpose of transmitting it to the Congress within ten days subsequent to
Jan. 2, 1983 or thereafter.
Subsec. (b)(5)(B). Pub. L. 97-134, Sec. 5, inserted reference to
reconstruction in opening par., substituted ``55 per centum in the ratio
that lane miles on the Interstate routes designated under sections 103
and 139(c) of this title (other than those on toll roads not subject to
a Secretarial agreement provided for in section 105 of the Federal-Aid
Highway Act of 1978) in each State bears to the total of all such lane
miles in all States; and 45 per centum in the ratio that vehicle miles
traveled on lanes on the Interstate routes designated under sections 103
and 139(c) of this title'' for ``Seventy-five per centum in the ratio
that lane miles in use for more than five years on the Interstate System
(other than those on toll roads not subject to a Secretarial agreement
provided for in section 105 of the Federal-Aid Highway Act of 1978) in
each State bears to the total of all such lane miles in all States; and
25 per centum in the ratio that vehicle miles traveled on lanes in use
for more than five years on the Interstate System'' and inserted
provision that no State excluding any State that has no interstate lane
miles shall receive less than one-half of 1 per centum of the total
apportionment made by this subparagraph for any fiscal year.
1978--Subsec. (b)(5)(A). Pub. L. 95-599, Sec. 108, inserted
provision relating to deadline for inclusion of estimate.
Subsec. (b)(5)(B). Pub. L. 95-599, Sec. 116(b), substituted
provisions limiting apportionment of funds ratio to seventy-five percent
of lane miles ratio and twenty-five of miles traveled ratio for
provision establishing a straight ratio for such apportionment.
Subsec. (d). Pub. L. 95-599, Sec. 109, substituted ``50'' for ``40''
and ``20'' wherever appearing.
Subsec. (h). Pub. L. 95-599, Sec. 110, added subsec. (h).
1976--Subsec. (b). Pub. L. 94-280, Sec. 112(a), substituted ``On
October 1 of each fiscal year'' for ``On or before January 1 next
preceding the commencement of each fiscal year,''.
Subsec. (b)(1). Pub. L. 94-280, Sec. 112(b), inserted in
introductory text ``(including extensions in urban areas and priority
primary routes)'', made existing provisions applicable for a two-third
apportionment of monies, striking out ``in all the States at the close
of the next preceding calendar year'' before ``as shown by a certificate
of the Postmaster General'' and inserted provision for a one-third
apportionment in the ratio which the population in urban areas in each
State bears to the total population in urban areas in all the States as
shown by the latest Federal census.
Subsec. (b)(3). Pub. L. 94-280, Sec. 112(c), repealed provisions
respecting apportionment of monies for extensions of the Federal-aid
primary and Federal-aid secondary systems within urban areas in the
ratio which the population in municipalities and other urban places of
five thousand or more in each State bears to the total population in
municipalities and other urban places of five thousand or more in all of
the States as shown by the latest available Federal census.
Subsec. (b)(5)(A). Pub. L. 94-280, Secs. 106(b), 107(b), 112(g),
designated existing provisions as subpar. (A) and inserted introductory
phrase ``Except as provided in subparagraph B--''; substituted wherever
appearing in introductory phrase and second and third sentences ``1990''
for ``1979''; substituted provision for apportionment for fiscal year
ending September 30, 1977, for prior provision for fiscal year ending
June 30, 1977, substituted provision for apportionment for fiscal year
ending September 30, 1978, in accordance with section 103 of Federal-Aid
Highway Act of 1976, for prior provision for apportionment for fiscal
year ending June 30, 1978, substituted provision for apportionment for
fiscal year ending September 30, 1979, for prior provision for fiscal
year ending June 30, 1979, provided for apportionment for fiscal year
ending September 30, 1980, and inserted provisions for revised estimates
of completion costs and transmittal thereof to Congress within ten days
subsequent to January 2, 1979, 1981, 1983, 1985, and 1987 for
apportionments for fiscal years ending September 30, 1981 and 1982, 1983
and 1984, 1985 and 1986, 1987 and 1988, and 1989 and 1990; and
substituted in third sentence ``October 1 of the year preceding the
fiscal year for which authorized'' for ``a date as far in advance of the
beginning of the fiscal year for which authorized as practicable but in
no case more than eighteen months prior to the beginning of the fiscal
year for which authorized''.
Subsec. (b)(5)(B). Pub. L. 94-280, Sec. 106(b), added subpar. (B).
Subsec. (c). Pub. L. 94-280, Sec. 113(a), designated existing
provisions as par. (1), substituted ``Subject to subsection (d), the
amount'' for ``Not more than 40 per centum of the amount'' and
``transferred from the apportionment under one paragraph to the
apportionment under the other paragraph'' for ``transferred from the
apportionment under one paragraph to the apportionment under any other
of such paragraphs'' and struck out former last sentence reading ``The
total of such transfers shall not increase the original apportionment
under any of such paragraphs by more than 40 per centum.'', and
incorporated former subsec. (d) provisions in a new par. (2),
substituting ``Subject to subsection (d), the amount'' for ``Not more
than 40 per centum of the amount'' and paragraph ``(1)'' for ``(3)'' and
striking out former last sentence reading ``The total of such transfers
shall not increase the original apportionment under either of such
paragraphs by more than 40 per centum.''
Subsec. (d). Pub. L. 94-280, Sec. 113(a), inserted provisions
respecting conditions for transfer of apportionments under subsec. (c)
of this section and struck out prior subsec. (d) provisions respecting
transfer of certain apportionments, now incorporated in subsec. (c)(2)
of this section.
Subsec. (e). Pub. L. 94-280, Sec. 112(d), in first sentence,
substituted ``On October 1'' for ``On or before January 1 preceding the
commencement'' and inserted ``(other than under subsection (b)(5) of
this section)'' after ``hereunder'' and inserted certification provision
respecting sums apportioned under subsec. (b)(5) of this section to each
State highway department and amount of deductions for administration and
research; and inserted provisions advising the States not less than
ninety days before the beginning of the fiscal year of amounts to be
apportioned to the States and in the case of the Interstate System
ninety days prior to the apportionment of funds.
Subsec. (f)(1). Pub. L. 94-280, Sec. 112(e), substituted ``On
October 1'' for ``On or before January 1 next preceding the
commencement'' and inserted exception provision.
Subsec. (f)(3). Pub. L. 94-280, Sec. 112(f), authorized State use of
apportioned funds to finance transportation planning outside of
urbanized areas.
Subsec. (g). Pub. L. 94-280, Sec. 206, increased percentage
limitation to ``40 per centum'' from ``30 per centum''; authorized
approval by Secretary of transfer of apportionments when requested by
the State highway department and approved by the Secretary as being in
the public interest; and provided for transfer of apportionments under
section 203(c) and (d) of the Highway Safety Act of 1973, to
apportionments under section 219 of this title, and clarified the
authority for apportionment of Highway Trust Fund funds.
1973--Subsec. (b)(1). Pub. L. 93-87, Sec. 111(a)(1), (2),
substituted ``intercity mail routes where service is performed by motor
vehicles'' for ``star routes'' in two places, ``one-third in the ratio
which the population of rural areas of each State bears to the total
population of rural areas of all the States'' for ``one-third in the
ratio which the population of each State bears to the total population
of all the States'', and ``No State (other than the District of
Columbia) shall receive'' for ``No State shall receive''.
Subsec. (b)(2). Pub. L. 93-87, Sec. 111(a)(1), (3), substituted
``intercity mail routes where service is performed by motor vehicles''
for ``star routes'' in two places, ``one-third in the ratio which the
population of rural areas of each State bears to the total population of
rural areas of all of the States'' for ``one-third in the ratio which
the rural population of each State bears to the total rural population
of all the States'', and ``No State (other than the District of
Columbia) shall receive'' for ``No State shall receive''.
Subsec. (b)(5). Pub. L. 93-87, Sec. 106(b), extended from 1976 to
1979, the date for completion of the Interstate System; and authorized
the Secretary to use the Federal share of the approved estimate in
making apportionments for fiscal years ending June 30, 1976, 1977, 1978,
and 1979, reenacted requirement that Secretary make a revised estimate
of cost of completing the then designated Interstate System,
substituting Jan. 2, 1975, for Jan. 2, 1974, as the commencing date for
the ten day period for transmittal of the revised cost estimate, and
reenacted provisions of last sentence without change, respectively.
Subsec. (b)(6). Pub. L. 93-87, Sec. 111(a)(4), substituted ``urban
areas'' for ``urbanized areas'' in two places and mandated that no State
shall receive less than one-half of 1 per centum of each year's
apportionment.
Subsec. (c). Pub. L. 93-87, Sec. 111(a)(5), (7), substituted ``40''
for ``20'' per centum in two places and struck out reference to par. (3)
of subsec. (b) of this section and provision of last sentence that
nothing contained in subsec. (c) shall alter or impair the authority
contained in subsec. (d) of this section.
Subsec. (d). Pub. L. 93-87, Sec. 111(a)(6), substituted provisions
respecting transfer of apportionment of funds under pars. (3) and (6) of
subsec. (b) of this section from one paragraph to the other when
requested by the State highway department and approved as in the public
interest by the Governor of the State and the Secretary for former
provisions which authorized expenditure of subsec. (b)(2) funds
apportioned for Federal-aid secondary system to a State for projects on
another Federal-aid system when the State highway department and the
Secretary were in joint agreement as to such other expenditure.
Subsec. (f). Pub. L. 93-87, Sec. 112, incorporated provisions of
former subsec. (f) that ``Not to exceed 50 per centum of the amounts
apportioned in accordance with paragraph (3) of subsection (b) of this
section may be expended for projects on the Federal-aid urban system''
in provisions designated as par. (1) and stating that ``On or before
January 1 next preceding the commencement of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) of
this section, shall set aside not to exceed one-half per centum of the
remaining funds authorized to be appropriated for expenditure upon the
Federal-aid systems, for the purpose of carrying out the requirements of
section 134 of this title.'' and added pars. (2)-(4).
Subsec. (g). Pub. L. 93-87, Sec. 227, added subsec. (g).
1970--Subsec. (b)(5). Pub. L. 91-605, Sec. 104(b), extended from
1974 to 1976 the date for completion of the Interstate System,
substituted ``on April 20, 1970'' for ``within ten days subsequent to
January 2, 1970'' as the date for submission by the Secretary to
Congress of a revised completion cost estimate of the Interstate System,
struck out reference of finality as applied to this estimate, deleted
June 30, 1974 from the enumerated list of fiscal years for which the
Secretary shall use the Federal share of the approved 1970 estimate in
making apportionments, inserted provision directing the Secretary to
submit to Congress a revised Interstate System completion cost estimate
within 10 days from Jan. 2, 1972 with apportionments to be made by the
Secretary for use in the fiscal years 1974 and 1975 from the Federal
share of the approved estimate, and inserted provision directing the
Secretary to submit to Congress another cost estimate within 10 days
from Jan. 2, 1974 to be used for making apportionments for the fiscal
year 1976.
Subsec. (b)(6). Pub. L. 91-605, Sec. 106(c)(2), added par. (6).
Subsec. (f). Pub. L. 91-605, Sec. 106(c)(1), added subsec. (f).
1968--Subsec. (b)(5). Pub. L. 90-495 extended from 1972 to 1974 the
date for completion of the Interstate System, added the fiscal year
ending June 30, 1971, to the enumeration of fiscal years for which the
Secretary may use the Federal share of approval estimates in making
apportionments, substituted January 2, 1970, for January 2, 1969, as the
date for commencement of the 10-day period during which the Secretary
shall transmit to Congress his final revised estimate of the cost of
completing the Interstate system, and added the fiscal years ending June
30, 1973, and June 30, 1974, to the enumerated list of fiscal years for
which the Secretary shall use the Federal share of the approved estimate
in making apportionments.
1966--Subsec. (b)(5). Pub. L. 89-574 substituted ``1972'' for
``1971'' wherever appearing except in provision requiring the Secretary,
with the approval of Congress, to use the Federal share of the approved
estimates in making apportionments for the fiscal year ending June 30,
1971, and, in such provision, retained the authority of the Secretary to
use the Federal share of the approved estimates in making apportionments
for the fiscal year ending June 30, 1971, but extended the authority of
the Secretary to use the Federal share of the approved estimates in
making apportionments for the fiscal year ending June 30, 1972, as well.
1964--Subsec. (b)(5). Pub. L. 88-423 substituted ``January 2, 1961''
for ``January 2, 1962''.
1963--Subsec. (b)(3). Pub. L. 88-157, Sec. 2, struck out provision
which considered Connecticut and Vermont towns as municipalities for the
purposes of par. (3) regardless of their incorporated status.
Subsec. (b)(5). Pub L. 88-157, Sec. 3, substituted ``1971'' for
``1969'' in introductory text and 3d sentence; inserted ``For the fiscal
years 1960 through 1966,'' and substituted ``such State'' for ``each
State'' in 1st sentence; inserted 2d sentence respecting apportionment
for fiscal years 1967 through 1971; substituted in 9th sentence
``January 2, 1965'' for ``January 2, 1966, and annually thereafter
through and including January 2, 1968''; substituted in 10th sentence
``Upon the approval of such estimate by the Congress'' for ``Upon
approval of any such estimate by the Congress by concurrent resolution''
and ``fiscal years ending June 30, 1967; June 30, 1968; and June 30,
1969'' for ``fiscal year which begins next following the fiscal year in
which such report is transmitted to the Senate and the House of
Representatives'' and inserted ``the Federal share of'' before ``such
approved estimate''; and inserted 11th through 14th sentences,
respecting revised cost estimate for completion of the Interstate System
and its submission to Congress within 10 days after Jan. 2, 1968,
apportionment for fiscal year ending June 30, 1970, final revised cost
estimate for completion of the Interstate System and its submission to
Congress within 10 days after Jan. 2, 1969, and apportionment for fiscal
year ending June 30, 1971, respectively.
1962--Subsec. (b)(1). Pub. L. 87-866 substituted ``preceding
calendar year'' for ``preceding fiscal year''.
1960--Subsec. (b)(5). Pub L. 86-657 struck out provisions which
required, in making the estimates of cost for completing the Interstate
System, exclusion of the cost of completing any mileage designated from
the one thousand additional miles authorized by section 108(1) of the
Federal-Aid Highway Act of 1956.
1959--Subsec. (b). Pub. L. 86-70 struck out ``, except that only
one-third of the area of Alaska shall be included'' after ``total area
of all States'' in pars. (1) and (2).
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section
107(a) of Pub. L. 106-159, set out as a note under section 104 of Title
49, Transportation.
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.
Effective Date of 1991 Amendment
Section 1100 of title I of Pub. L. 102-240 provided that:
``(a) General Rule.--This title [see Tables for classification],
including the amendments made by this title, shall take effect on the
date of the enactment of this Act [Dec. 18, 1991].
``(b) Applicability.--The amendments made by this title shall apply
to funds authorized to be appropriated or made available after September
30, 1991, and, except as otherwise provided in subsection (c), shall not
apply to funds appropriated or made available on or before September 30,
1991.
``(c) Unobligated Balances.--
``(1) In general.--Unobligated balances of funds apportioned to
a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and
104(b)(6) of title 23, United States Code, before October 1, 1991,
shall be available for obligation in that State under the law,
regulations, policies and procedures relating to the obligation and
expenditure of those funds in effect on September 30, 1991.
``(2) Transferability.--
``(A) Primary system.--A State may transfer unobligated
balances of funds apportioned to the State for the Federal-aid
primary system before October 1, 1991, to the apportionment to
such State under section 104(b)(1) or 104(b)(3) of title 23,
United States Code, or both.
``(B) Secondary and urban system.--A State may transfer
unobligated balances of funds apportioned to the State for the
Federal-aid secondary system or the Federal-aid urban system
before October 1, 1991, to the apportionment to such State under
section 104(b)(3) of such title.
``(C) Applicability of certain laws, regulations, policies,
and procedures.--Funds transferred under this paragraph shall be
subject to the laws, regulations, policies, and procedures
relating to the apportionment to which they are transferred.''
Effective Date of 1976 Amendment; Applicable Provisions Dependent on
Fiscal Fund Authorizations
Section 113(b) of Pub. L. 94-280 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall take
effect on July 1, 1976, and shall be applicable with respect to funds
authorized for the fiscal year ending September 30, 1977, and for
subsequent fiscal years. With respect to the fiscal year 1976 and
earlier fiscal years, the provisions of subsections (c) and (d) of
section 104 of title 23, United States Code, as in effect on June 30,
1976, shall remain applicable to funds authorized for such years.''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37
of Pub. L. 90-495, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment
Section 10(b) of Pub. L. 87-866 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall be
applicable only with respect to apportionments made after the date of
enactment of this Act [Oct. 23, 1962].''
Effective Date of 1959 Amendment
Amendment by Pub. L. 86-70 effective July 1, 1959, see section 21(e)
of Pub. L. 86-70, set out as a note under section 101 of this title.
Construction of 1990 Amendment
Section 333(d) of Pub. L. 102-143 provided that: ``The amendments
made by section 333 of the Department of Transportation and Related
Agencies Appropriations Act, 1991 (104 Stat. 2184-2186) [Pub. L. 101-
516, amending this section and enacting provisions formerly set out as a
note below] shall be treated as having not been enacted into law.''
Adjustments for Surface Transportation Extension Act of 1997
Pub. L. 105-178, title I, Sec. 1103(m), June 9, 1998, 112 Stat. 126,
provided that:
``(1) In general.--Notwithstanding any other provision of law and
subject to section 2(c) of the Surface Transportation Extension Act of
1997 [Pub. L. 105-130, set out below], the Secretary shall ensure that
the total apportionments for a State (other than Massachusetts) for
fiscal year 1998 made under the Transportation Equity Act for the 21st
Century [Pub. L. 105-178, see Tables for classification] (including
amendments made by such Act) shall be reduced by the amount apportioned
to such State (other than Massachusetts) under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102-
240, 111 Stat. 2553].
``(2) Repayment of transferred funds.--The Secretary shall ensure
that any apportionments made to a State for fiscal year 1998 and
adjusted under paragraph (1) shall first be used to restore in
accordance with section 3(c) of the Surface Transportation Extension Act
of 1997 [Pub. L. 105-130, 111 Stat. 2555] any funds that a State
transferred under section 3 of such Act.
``(3) Insufficient funds for repayment.--If a State has insufficient
funds apportioned in fiscal year 1998 under the Transportation Equity
Act for the 21st Century (including amendments made by such Act) to make
the adjustment required by paragraph (1), then the Secretary shall make
an adjustment to any funds apportioned to such State in fiscal year
1999.
``(4) Allocated programs.--Notwithstanding any other provision of
law, amounts made available for fiscal year 1998 by the Transportation
Equity Act for the 21st Century (including amendments made by such Act)
for a program that is continued by both of sections 4, 5, 6, and 7 of
the Surface Transportation Extension Act of 1997 (including amendments
made by such sections) [Pub. L. 105-130, see Tables for classification]
and the Transportation Equity Act for the 21st Century (including
amendments made by such Act) shall be reduced by the amount made
available by such sections 4, 5, 6, and 7 for such programs.
``(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the Surface
Transportation Extension Act of 1997 [Pub. L. 105-130, set out below]
shall be considered to be an amount of obligation authority made
available for fiscal year 1998 under section 1102(a) of this Act [set
out above].''
Advances
Section 2 of Pub. L. 105-130 provided that:
``(a) In General.--The Secretary of Transportation (referred to in
this Act as the `Secretary') shall apportion funds made available under
section 1003(d) of the Intermodal Surface Transportation Efficiency Act
of 1991 [see 111 Stat. 2553] to each State in the ratio that--
``(1) the State's total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program; bears to
``(2) all States' total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program.
``(b) Programmatic Distributions.--
``(1) Programs.--Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State is
apportioned an amount of the funds, determined under paragraph (2),
for the Interstate maintenance program, the National Highway System,
the bridge program, the surface transportation program, the
congestion mitigation and air quality improvement program, minimum
allocation under section 157 of title 23, United States Code,
Interstate reimbursement under section 160 of that title, the donor
State bonus under section 1013(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1940) [Pub. L. 102-
240, set out as a note under section 157 of this title], hold
harmless under section 1015(a) of that Act (105 Stat. 1943) [set out
below], 90 percent of payments adjustments under section 1015(b) of
that Act (105 Stat. 1944) [set out below], section 1015(c) of that
Act (105 Stat. 1944) [set out below], an amount equal to the funds
provided under sections 1103 through 1108 of that Act (105 Stat.
2027) [see Tables for classification], and funding restoration under
section 202 of the National Highway System Designation Act of 1995
(109 Stat. 571).
``(2) In general.--The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying--
``(A) the amount apportioned to the State under subsection
(a); by
``(B) the ratio that--
``(i) the amount of funds apportioned for the item, or
allocated under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027), to the State for fiscal year 1997; bears to
``(ii) the total of the amount of funds apportioned for
the items, and allocated under those sections, to the State
for fiscal year 1997.
``(3) Use of funds.--Amounts apportioned to a State under
subsection (a) attributable to sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991 shall be
available to the State for projects eligible for assistance under
chapter 1 of title 23, United States Code.
``(4) Administration.--Funds authorized by the amendment made by
subsection (d) shall be administered as if they had been
apportioned, allocated, deducted, or set aside, as the case may be,
under title 23, United States Code; except that the deduction under
section 104(a) of title 23, United States Code, the set-asides under
section 104(b)(1) of that title for the territories and under
section 104(f)(1) of that title for metropolitan planning, and the
expenditure required under section 104(d)(1) of that title shall not
apply to those funds.
``(c) Repayment From Future Apportionments.--
``(1) In general.--The Secretary shall reduce the amount that
would, but for this section, be apportioned to a State for programs
under chapter 1 of title 23, United States Code, for fiscal year
1998 under a law reauthorizing the Federal-aid highway program
enacted after the date of enactment of this Act [Dec. 1, 1997] by
the amount that is apportioned to each State under subsection (a)
and section 5(f) [Pub. L. 105-130, 111 Stat. 2558] for each such
program.
``(2) Program category reconciliation.--The Secretary may
establish procedures under which funds apportioned under subsection
(a) for a program category for which funds are not authorized under
a law described in paragraph (1) may be restored to the Federal-aid
highway program.
``(d) Authorization of Contract Authority.--[Amended section 1003 of
Pub. L. 102-240.]
``(e) Limitation on Obligations.--
``(1) In general.--Subject to paragraph (2), after the date of
enactment of this Act [Dec. 1, 1997], the Secretary shall allocate
to each State an amount of obligation authority made available under
the Department of Transportation and Related Agencies Appropriations
Act, 1998 (Public Law 105-66 [see Tables for classification]) that
is--
``(A) equal to the greater of--
``(i) the State's unobligated balance, as of October 1,
1997, of Federal-aid highway apportionments subject to any
limitation on obligations; or
``(ii) 50 percent of the State's total fiscal year 1997
obligation authority for funds apportioned for the Federal-
aid highway program; but
``(B) not greater than 75 percent of the State's total
fiscal year 1997 obligation authority for funds apportioned for
the Federal-aid highway program.
``(2) Limitation on amount.--The total of all allocations under
paragraph (1) shall not exceed $9,786,275,000.
``(3) Time period for obligations of funds.--
``(A) In general.--Except as provided in subparagraph (B), a
State shall not obligate any funds for any Federal-aid highway
program project after May 1, 1998, until the earlier of the date
of enactment of a multiyear law reauthorizing the Federal-aid
highway program or July 1, 1998.
``(B) Reobligation.--Subparagraph (A) shall not preclude the
reobligation of previously obligated funds.
``(C) Distribution of remaining obligation authority.--On
the earlier of the date of enactment of a law described in
subparagraph (A) or July 1, 1998, the Secretary shall distribute
to each State any remaining amounts of obligation authority for
Federal-aid highways and highway safety construction programs by
allocation in accordance with section 310(a) of the Department
of Transportation and Related Agencies Appropriations Act, 1998
(Public Law 105-66) [set out below].
``(D) Contract authority.--No contract authority made
available to the States prior to July 1, 1998, shall be
obligated after that date until such time as a multiyear law
reauthorizing the Federal-aid highway program has been enacted.
``(4) Treatment of obligations.--Any obligation of an allocation
of obligation authority made under this subsection shall be
considered to be an obligation for Federal-aid highways and highway
safety construction programs for fiscal year 1998 for the purposes
of the matter under the heading `(limitation on obligations)' under
the heading `Federal-Aid Highways' in title I of the Department of
Transportation and Related Agencies Appropriations Act, 1998 (Public
Law 105-66 [111 Stat. 1431]).''
Effect of Limitation on Apportionment
Section 319(c) of Pub. L. 104-59 provided that: ``Notwithstanding
any other provision of law, for each of fiscal years 1996 and 1997, the
amendments made by subsection (a) [amending this section and section 149
of this title] shall not affect any apportionment adjustments under
section 1015 of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1943) [Pub. L. 102-240, set out below].''
Completion of Interstate System
Section 1001(a) of Pub. L. 102-240 provided that: ``Congress
declares that the authorizations of appropriations and apportionments
for construction of the Dwight D. Eisenhower National System of
Interstate and Defense Highways [now Dwight D. Eisenhower System of
Interstate and Defense Highways] made by this section (including the
amendments made by this section [amending this section and section 101
of this title]) are the final authorizations of appropriations and
apportionments for completion of construction of such System.''
Apportionment Adjustments
Section 1015 of Pub. L. 102-240 provided that:
``(a) Hold Harmless.--
``(1) General rule.--The amount of funds which, but for this
subsection, would be apportioned to a State for each of the fiscal
years 1992 through 1997 under section 104(b)(3) of title 23, United
States Code, for the surface transportation program shall be
increased or decreased by an amount which, when added to or
subtracted from the aggregate amount of funds apportioned to the
State for such fiscal year and funds allocated to the State for the
prior fiscal year under section 104(b) of such title, section
103(e)(4) for Interstate highway substitute, section 144 of such
title, section 157 of such title, under section 202 of such title
for the Federal lands highways program, section 160 of such title
for the reimbursement program, and section 1013(c) of this Act [23
U.S.C. 157 note] for the donor State bonus program, will result in
the percentage of amounts so apportioned and allocated to all States
being equal to the percentage listed for such State in paragraph
(2).
``(2) State percentages.--For purposes of paragraph (1) the
percentage of amounts apportioned and allocated which are referred
to in paragraph (1) for each State, and the District of Columbia
shall be determined in accordance with the following table:
Adjustment
States Percentage
Alabama............................. 1.74
Alaska.............................. 1.28
Arizona............................. 1.49
Arkansas............................ 1.20
California.......................... 9.45
Colorado............................ 1.35
Connecticut......................... 1.78
Delaware............................ 0.41
District of Columbia................ 0.53
Florida............................. 4.14
Georgia............................. 2.97
Hawaii.............................. 0.57
Idaho............................... 0.69
Illinois............................ 3.72
Indiana............................. 2.20
Iowa................................ 1.25
Kansas.............................. 1.14
Kentucky............................ 1.52
Louisiana........................... 1.55
Maine............................... 0.50
Maryland............................ 1.69
Massachusetts....................... 4.36
Michigan............................ 2.81
Minnesota........................... 1.58
Mississippi......................... 1.15
Missouri............................ 2.23
Montana............................. 0.97
Nebraska............................ 0.83
Nevada.............................. 0.64
New Hampshire....................... 0.48
New Jersey.......................... 2.87
New Mexico.......................... 1.08
New York............................ 5.37
North Carolina...................... 2.65
North Dakota........................ 0.62
Ohio................................ 3.73
Oklahoma............................ 1.42
Oregon.............................. 1.26
Pennsylvania........................ 4.38
Rhode Island........................ 0.54
South Carolina...................... 1.41
South Dakota........................ 0.71
Tennessee........................... 2.08
Texas............................... 6.36
Utah................................ 0.77
Vermont............................. 0.44
Virginia............................ 2.27
Washington.......................... 2.06
West Virginia....................... 0.94
Wisconsin........................... 1.70
Wyoming............................. 0.67
``(b) 90 Percent of Payment Adjustments.--
``(1) General rule.--For each of fiscal years 1992 through 1997,
the Secretary shall allocate among the States amounts sufficient to
ensure that a State's total apportionments for such fiscal year and
allocations for the prior fiscal year under section 104(b) of such
title, section 103(e)(4) for Interstate highway substitute, section
144 of such title, section 157 of such title, section 202 of such
title for the Federal lands highways program, section 1013(c) of
this Act [23 U.S.C. 157 note] for the donor State bonus program,
section 160 of such title for the reimbursement program, and
subsection (a) of this section for hold harmless is not less than 90
percent of the estimated tax payments attributable to highway users
in the State paid into the Highway Trust Fund (other than Mass
Transit Account) in the latest fiscal year in which data is
available.
``(2) Transfer of allocated amounts to stp apportionment.--
Subject to subsection (d) of this section, the Secretary shall
transfer amounts allocated to a State pursuant to paragraph (1) to
the apportionment of such State under section 104(b)(3) for the
surface transportation program.
``(c) Additional Allocation.--Subject to subsection (d) of this
section, the Secretary shall allocate to the State of Wisconsin
$40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal
years 1993 through 1997 and transfer such amounts to the apportionment
of such State under section 104(b)(3) of title 23, United States Code,
for the surface transportation program.
``(d) Limitation on Applicability of Certain Requirements of STP
Program.--The following provisions of section 133 of title 23, United
States Code, shall not apply to \1/2\ of the amounts added under
subsection (a) to the apportionment of the State for the surface
transportation program and of amounts transferred under subsections (b)
and (c) to such apportionment:
``(1) Subsection (d)(1).
``(2) Subsection (d)(2).
``(3) Subsection (d)(3).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated, out of the Highway Trust Fund (other than the Mass Transit
Account), to carry out this section such sums as may be necessary for
each of fiscal years 1992 through 1997.''
Allocation Formula Study
Section 1098 of Pub. L. 102-240, as amended by Pub. L. 104-59, title
III, Sec. 325(g), Nov. 28, 1995, 109 Stat. 592, directed General
Accounting Office in conjunction with Bureau of Transportation
Statistics to conduct thorough study and recommend to Congress within 2
years after Dec. 18, 1991, a fair and equitable apportionment formula
for allocation of Federal-aid highway funds that best directs highway
funds to places of greatest need for highway maintenance and enhancement
based on extent of these highway systems, their present use, and
increases in their use, with results of study to be presented to
Congress on or before Jan. 1, 1994, and to be considered by Congress in
the 1996 reauthorization of surface transportation program.
Study on Impact of Climatic Conditions
Pub. L. 102-240, title I, Secs. 1101-1102, Dec. 18, 1991, 105 Stat.
2027, directed Secretary of Transportation to conduct a study of effects
of climatic conditions on costs of highway construction and maintenance
and to transmit to Congress, not later than Sept. 30, 1993, a report on
the results of the study, prior to repeal by Pub. L. 105-362, title XV,
Sec. 1501(d), Nov. 10, 1998, 112 Stat. 3294.
Withholding of Five Per Centum of Funds for States Failing To Meet
Requirements
Section 333 [part] of Pub. L. 101-516, which for each fiscal year
directed Secretary of Transportation to withhold five per centum of the
amount required to be apportioned to any State under each of paragraphs
(1), (2), (5), and (6) of section 104(b) of this title on the first day
of each fiscal year which begins after the second full calendar year
following Nov. 5, 1990, if State does not meet the requirements of
paragraph (3) on such date, was repealed by Pub. L. 102-143, title III,
Sec. 333(c), Oct. 28, 1991, 105 Stat. 947.
Reduction in Amount States Failing To Authorize Tax-Based Sources of
Revenue May Obligate
Section 341 of Pub. L. 101-516, as amended by Pub. L. 102-240, title
III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that:
``(a) Notwithstanding any other provision of law, for the period
January 1, 1992, through December 31, 1992, the Secretary of
Transportation shall reduce the aggregate amount which a State may
obligate for Federal-aid highways and highway safety construction
programs by 25 percent if such State has a public authority which
provides mass transportation for an urbanized area of such State with a
population of 3,000,000 or more as determined under the 1980 decennial
census of the United States, and if by October 1, 1991--
``(1) laws of such State do not authorize a general tax-based
source of revenues to take effect on or before January 1, 1992,
dedicated to paying the non-Federal share of projects for mass
transportation eligible for assistance under the Federal Transit Act
[now 49 U.S.C. 5301 et seq.]; or
``(2) the laws of such State do not authorize the establishment
of regional or local tax-based sources of revenues dedicated to pay
such non-Federal share or for paying operating expenses of mass
transit service so as to satisfy financial capacity standards as may
be required by the Secretary of Transportation.
``(b) For purposes of this section, the terms `mass transportation',
`State', and `urbanized areas' have the meaning such terms have under
section 12 of the Federal Transit Act [now 49 U.S.C. 5302].
``(c) Any withholding defined under this section shall be waived if
the Governor of the State--
``(1) submits to the Secretary by October 1, 1991, a written
certification stating that he is opposed to the enactment in his
State of a law described in subsections (a)(1) and (2) and that
funding as described in subsections (a)(1) and (2) would not improve
public transportation safety; and
``(2) submits to the Secretary a written certification that the
legislature (including both Houses where applicable) has adopted a
resolution by a simple majority expressing its opposition to a law
described in subsections (a)(1) and (2).
``(d) This section shall remain in effect until December 31, 1992.''
Pub. L. 102-27, title IV, Sec. 404(b), Apr. 10, 1991, 105 Stat. 155,
provided that: ``The Secretary of Transportation shall restore any
reductions in obligation authority made under section 329 [of Pub. L.
101-516, formerly set out below] prior to its repeal.''
Similar provisions were contained in Pub. L. 101-516, title III,
Sec. 329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub. L.
102-27, title IV, Sec. 404(a), Apr. 10, 1991, 105 Stat. 155.
Implementation of Certain Presidential Orders Requiring Percentage
Reduction for Federal-Aid Highway, Mass Transit, and Highway Safety
Programs
Section 136 of Pub. L. 100-17 provided that: ``In implementing any
order issued by the President which provides for or requires a
percentage reduction in new budget authority, unobligated balances,
obligated balances, new loan guarantee commitments, new direct loan
obligations, spending authority, or obligation limitations for the
Federal-aid highway, mass transit and highway safety programs and with
respect to which the budget account activity as identified in the
program and financing schedule contained in the Appendix to the Budget
of the United States Government for such programs includes more than one
specific highway, mass transit, or highway safety program or project for
which budget authority is provided by this Act or an amendment made by
this Act [see Short Title of 1987 Amendment note set out under section
101 of this title], the Secretary shall apply the percentage reduction
equally to each such specific program or project.''
Federal-Aid Primary Formula for Amounts Authorized for Fiscal Years 1983
Through 1991
Pub. L. 97-424, title I, Sec. 108(a)-(e), Jan. 6, 1983, 96 Stat.
2103, as amended by Pub. L. 100-17, title I, Secs. 107, 133(a)(1), Apr.
2, 1987, 101 Stat. 146, 170, provided that:
``(a) Notwithstanding section 104(b)(1) of title 23, United States
Code, and any other provision of law, amounts authorized for fiscal
years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) shall be apportioned in accordance with this
section. The Secretary of Transportation shall determine for each State
the higher of (1) the amount which would be apportioned to such State
under section 104(b)(1) of title 23, United States Code, and (2) the
amount which would be apportioned to such State under the following
formula:
``One-half in the ratio which the population of rural areas of
each State bears to the total population of rural areas of all the
States as shown by the latest available Federal census and one-half
in the ratio which the population in urban areas in each State bears
to the total population in urban areas in all the States as shown by
the latest Federal census.
``(b) The Secretary of Transportation shall, for each of the fiscal
years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991,
determine the total of the amounts determined for each State under
subsection (a) and shall determine the ratio which the total amount
authorized for such fiscal year for the Federal-aid primary system bears
to the total of such amounts determined under subsection (a) for such
fiscal year.
``(c) The amount which shall be apportioned to each State for the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) for each of the fiscal years 1983, 1984, 1985,
1986, 1987, 1988, 1989, 1990, and 1991 shall be the amount determined
for such State under subsection (a), multiplied by the ratio determined
under subsection (b).
``(d) Notwithstanding any other provision of law, no State shall
receive an apportionment under this section for any fiscal year which is
less than the lower of (1) the amount which the State would be
apportioned for such fiscal year under section 104(b)(1) of title 23,
United States Code, and (2) the amount which would be determined under
the formula set forth in subsection (a). Notwithstanding any other
provision of law, no State shall receive for any such fiscal year less
than one-half of 1 per centum of the total apportionment under this
section for such fiscal year. For purposes of this paragraph and
subsection (b) of section 103 of title 23, United States Code, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered together as one State. The
State consisting of the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Mariana Islands shall not receive less than one-half
of 1 per centum of each year's apportionment. There are authorized to be
appropriated such sums as may be necessary out of the Highway Trust Fund
to carry out this subsection. Funds authorized by this subsection shall
be available for obligation in the same manner and to the same extent as
if such funds were apportioned under chapter 1 of title 23, United
States Code.
``(e) Amounts apportioned under this section shall be deemed to be
amounts apportioned under section 104(b)(1) of title 23, United States
Code, for purposes of such title and all other provisions of law. Terms
used in this section shall have the same meaning such terms have in
chapter 1 of title 23, United States Code.''
Matching Fund Waiver for Period January 6, 1983, Through September 30,
1984
Pub. L. 97-424, title I, Sec. 145, Jan. 6, 1983, 96 Stat. 2130,
provided that:
``(a) Notwithstanding any other provision of law, the Federal share
of any qualifying project approved by the Secretary of Transportation
under section 106(a) [section 106(a) of this title], and of any
qualifying project for which the United States becomes obligated to pay
under section 117, of title 23, United States Code, during the period
beginning on the date of enactment of this Act [Jan. 6, 1983] and ending
September 30, 1984, shall be such percentage of the construction cost as
the State highway department requests, up to and including 100 per
centum.
``(b) For purposes of this section, the term `qualifying project'
means a project approved by the Secretary of Transportation under
section 106(a) of title 23, United States Code, or a project for which
the United States becomes obligated to pay under section 117 of title
23, United States Code, for which the Governor of the State submitting
the project has certified, in accordance with regulations established by
the Secretary of Transportation, that sufficient funds are not available
to pay the cost of the non-Federal share of the project.
``(c) The total amount which may be obligated for qualifying
projects in any State under subsection (a) shall not be greater than the
excess of--
``(1) the sum of the amount of obligation authority distributed
to such State for fiscal year 1983 under section 104(b) of this Act
[set out above], plus the amount, if any, available to such State
under section 150 of this Act [enacting section 157 of this title],
pertaining to minimum allocation, over
``(2) the amount of obligation authority distributed to such
State for fiscal year 1982 under section 3(b) of the Federal-Aid
Highway Act of 1981 [set out below].
``(d) The total amount of such increases in the Federal share as are
made pursuant to subsection (a) for any State shall be repaid to the
United States by such State on or before September 30, 1984. Such
payments shall be deposited in the Highway Trust Fund and such repaid
amounts shall be credited to the appropriate apportionment accounts of
such State.
``(e) If a State has not made the repayment as required by
subsection (d) of this section, the Secretary shall deduct from funds
apportioned to such State under section 104(b) of title 23, United
States Code, except for paragraph (5)(A), in each of the fiscal years
ending September 30, 1985, and September 30, 1986, a pro rata share of
each category of such apportioned funds, the total amount of which shall
be equal to 50 per centum of the amount needed for repayment. Any amount
deducted under this subsection shall be reapportioned for the fiscal
years 1985 and 1986 in accordance with section 104(b)(1) of title 23,
United States Code, to those States which have not received a higher
Federal share under this section and to those States which have made the
repayment required by subsection (d).''
Federal-Aid Highways and Highway Safety Construction Programs; Maximum
Limits on Total Obligations; Exceptions; State Allocations
Pub. L. 105-178, title I, Sec. 1102, June 9, 1998, 112 Stat. 115, as
amended by Pub. L. 105-206, title IX, Sec. 9002(b), July 22, 1998, 112
Stat. 834; Pub. L. 106-159, title I, Sec. 103(b)(2), Dec. 9, 1999, 113
Stat. 1753, provided that:
``(a) General Limitation.--Notwithstanding any other provision of
law but subject to subsections (g) and (h), the obligations for Federal-
aid highway and highway safety construction programs shall not exceed--
``(1) $21,500,000,000 for fiscal year 1998;
``(2) $25,511,000,000 for fiscal year 1999;
``(3) $26,245,000,000 for fiscal year 2000;
``(4) $26,761,000,000 for fiscal year 2001;
``(5) $27,355,000,000 for fiscal year 2002; and
``(6) $27,811,000,000 for fiscal year 2003.
``(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
``(1) under section 125 of title 23, United States Code;
``(2) under section 147 of the Surface Transportation Assistance
Act of 1978 [Pub. L. 95-599, set out as a note under section 144 of
this title];
``(3) under section 9 of the Federal-Aid Highway Act of 1981
[Pub. L. 97-134, 95 Stat. 1701];
``(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982 [Pub. L. 97-424, 96 Stat.
2119, 2123];
``(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 [Pub.
L. 100-17, 101 Stat. 198, 200];
``(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 [Pub. L. 102-240, see Tables
for classification];
``(7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of this Act [June 9,
1998]; and
``(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount equal
to $639,000,000 per fiscal year.
``(c) Distribution of Obligation Authority.--For each of fiscal
years 1998 through 2003, the Secretary shall--
``(1) not distribute obligation authority provided by subsection
(a) for such fiscal year for amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a) of title 23, United States Code, and
amounts authorized for the highway use tax evasion program and the
Bureau of Transportation Statistics;
``(2) not distribute an amount of obligation authority provided
by subsection (a) that is equal to the unobligated balance of
amounts made available from the Highway Trust Fund (other than the
Mass Transit Account) for Federal-aid highway and highway safety
programs for previous fiscal years the funds for which are allocated
by the Secretary;
``(3) determine the ratio that--
``(A) the obligation authority provided by subsection (a)
for such fiscal year less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to
``(B) the total of the sums authorized to be appropriated
for Federal-aid highway and highway safety construction programs
(other than sums authorized to be appropriated for sections set
forth in paragraphs (1) through (7) of subsection (b) and sums
authorized to be appropriated for section 105 of title 23,
United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
``(4) distribute the obligation authority provided by subsection
(a) less the aggregate amounts not distributed under paragraphs (1)
and (2) for section 117 of title 23, United States Code (relating to
high priority projects program), section 201 of the Appalachian
Regional Development Act of 1965 [now 40 U.S.C. 14501], the Woodrow
Wilson Memorial Bridge Authority Act of 1995 [Pub. L. 104-59, title
IV, Nov. 28, 1995, 109 Stat. 627], and $2,000,000,000 for such
fiscal year under section 105 of such title (relating to minimum
guarantee) so that amount of obligation authority available for each
of such sections is equal to the amount determined by multiplying
the ratio determined under paragraph (3) by the sums authorized to
be appropriated for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
``(5) distribute the obligation authority provided by subsection
(a) less the aggregate amounts not distributed under paragraphs (1)
and (2) and amounts distributed under paragraph (4) for each of the
programs that are allocated by the Secretary under this Act [see
Tables for classification] and title 23, United States Code (other
than activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
``(6) distribute the obligation authority provided by subsection
(a) less the aggregate amounts not distributed under paragraphs (1)
and (2) and amounts distributed under paragraphs (4) and (5) for
Federal-aid highway and highway safety construction programs (other
than the minimum guarantee program, but only to the extent that
amounts apportioned for the minimum guarantee program for such
fiscal year exceed $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary under
this Act and title 23, United States Code, in the ratio that--
``(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear to
``(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
``(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after August 1 of
each of fiscal years 1998 through 2003 revise a distribution of the
obligation authority made available under subsection (c) if a State will
not obligate the amount distributed during that fiscal year and
redistribute sufficient amounts to those States able to obligate amounts
in addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23, United States
Code, under section 160 of title 23, United States Code (as in effect on
the day before the date of enactment of this Act [June 9, 1998]), and
under section 1015 of the Intermodal Surface Transportation Act of 1991
(105 Stat. 1943-1945) [Pub. L. 102-240 set out as a note above].
``(e) Applicability of Obligation Limitations to Transportation
Research Programs.--Obligation limitations imposed by subsection (a)
shall apply to transportation research programs carried out under
chapter 5 of title 23, United States Code, and under title V of this Act
[see Tables for classification]; except that obligation authority made
available for such programs under such limitations shall remain
available for a period of 3 fiscal years.
``(f) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation authority under
subsection (c) for each of fiscal years 1998 through 2003, the Secretary
shall distribute to the States any funds (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highway programs and
for carrying out subchapter I of chapter 311 of title 49, United States
Code, and chapter 4 of title 23, United States Code, and (2) that the
Secretary determines will not be allocated to the States, and will not
be available for obligation, in such fiscal year due to the imposition
of any obligation limitation for such fiscal year. Such distribution to
the States shall be made in the same ratio as the distribution of
obligation authority under subsection (c)(6). The funds so distributed
shall be available for any purposes described in section 133(b) of title
23, United States Code.
``(g) Special Rule.--Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
``(h) Increase in Obligation Limit.--Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by an
amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)
[901(b)(1)(B)(ii)(I)(cc)]) for such fiscal year. Any such increase shall
be distributed in accordance with this section.
``(i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all
obligations under section 104(a) of title 23, United States Code, shall
not exceed--
``(1) $320,000,000 for fiscal year 1998;
``(2) $350,000,000 for fiscal year 1999;
``(3) $370,000,000 for fiscal year 2000;
``(4) $390,000,000 for fiscal year 2001;
``(5) $410,000,000 for fiscal year 2002; and
``(6) $430,000,000 for fiscal year 2003.
``(j) Reduction in Obligation Ceiling.--The limitation on
obligations imposed by subsection (a) for each of fiscal years 2001
through 2003 shall be reduced by $65,000,000.''
Pub. L. 107-87, title I, Dec. 18, 2001, 115 Stat. 841, provided in
part that: ``None of the funds in this Act [see Tables for
classification] shall be available for the implementation or execution
of programs, the obligations for which are in excess of $31,799,104,000
for Federal-aid highways and highway safety construction programs for
fiscal year 2002.''
Pub. L. 107-87, title III, Sec. 310, Dec. 18, 2001, 115 Stat. 855,
provided that:
``(a) For fiscal year 2002, the Secretary of Transportation shall--
``(1) not distribute from the obligation limitation for Federal-
aid Highways amounts authorized for administrative expenses and
programs funded from the administrative takedown authorized by
section 104(a)(1)(A) of title 23, United States Code, for the
highway use tax evasion program, amounts provided under section 110
of title 23, United States Code, and for the Bureau of
Transportation Statistics;
``(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated balance of
amounts made available from the Highway Trust Fund (other than the
Mass Transit Account) for Federal-aid highways and highway safety
programs for the previous fiscal year the funds for which are
allocated by the Secretary;
``(3) determine the ratio that--
``(A) the obligation limitation for Federal-aid Highways
less the aggregate of amounts not distributed under paragraphs
(1) and (2), bears to
``(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated for
sections set forth in paragraphs (1) through (7) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
``(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under paragraphs
(1) and (2) of section 117 of title 23, United States Code (relating
to high priority projects program), section 201 of the Appalachian
Regional Development Act of 1965 [now 40 U.S.C. 14501], the Woodrow
Wilson Memorial Bridge Authority Act of 1995 [Pub. L. 104-59, title
IV, Nov. 28, 1995, 109 Stat. 627], and $2,000,000,000 for such
fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal to the amount
determined by multiplying the ratio determined under paragraph (3)
by the sums authorized to be appropriated for such section (except
in the case of section 105, $2,000,000,000) for such fiscal year;
``(5) distribute the obligation limitation provided for Federal-
aid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4)
for each of the programs that are allocated by the Secretary under
title 23, United States Code (other than activities to which
paragraph (1) applies and programs to which paragraph (4) applies)
by multiplying the ratio determined under paragraph (3) by the sums
authorized to be appropriated for such program for such fiscal year;
and
``(6) distribute the obligation limitation provided for Federal-
aid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4)
and (5) for Federal-aid highways and highway safety construction
programs (other than the minimum guarantee program, but only to the
extent that amounts apportioned for the minimum guarantee program
for such fiscal year exceed $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under title 23, United States Code, in the ratio that--
``(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear to
``(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
``(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978 [Pub. L. 95-599,
formerly set out as a note under section 144 of this title]; (3) under
section 9 of the Federal-Aid Highway Act of 1981 [Pub. L. 97-134, 95
Stat. 1701]; (4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982 [Pub. L. 97-424, 96 Stat. 2119,
2123]; (5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L.
100-17, 101 Stat. 198, 200]; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102-
240, see Tables for classification]; (7) under section 157 of title 23,
United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century [June 9,
1998]; and (8) under section 105 of title 23, United States Code (but,
only in an amount equal to $639,000,000 for such fiscal year).
``(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after August 1 for
such fiscal year revise a distribution of the obligation limitation made
available under subsection (a) if a State will not obligate the amount
distributed during that fiscal year and redistribute sufficient amounts
to those States able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code, section 160 (as in effect
on the day before the enactment of the Transportation Equity Act for the
21st Century [June 9, 1998]) of title 23, United States Code, and under
section 1015 of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1943-1945) [Pub. L. 102-240, set out above].
``(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, except that obligation authority made available
for such programs under such limitation shall remain available for a
period of 3 fiscal years.
``(e) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any funds:
(1) that are authorized to be appropriated for such fiscal year for
Federal-aid highways programs (other than the program under section 160
of title 23, United States Code) and for carrying out subchapter I of
chapter 311 of title 49, United States Code, and highway-related
programs under chapter 4 of title 23, United States Code; and (2) that
the Secretary determines will not be allocated to the States, and will
not be available for obligation, in such fiscal year due to the
imposition of any obligation limitation for such fiscal year. Such
distribution to the States shall be made in the same ratio as the
distribution of obligation authority under subsection (a)(6). The funds
so distributed shall be available for any purposes described in section
133(b) of title 23, United States Code.
``(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth in
subsection (a)(4) shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs for future
fiscal years.''
Similar provisions for prior fiscal years were contained in the
following acts:
Pub. L. 106-346, Sec. 101(a) [title I, title III, Sec. 310], Oct.
23, 2000, 114 Stat. 1356, 1356A-7, 1356A-24.
Pub. L. 106-69, title I, title III, Sec. 310, Oct. 9, 1999, 113
Stat. 994, 1016.
Pub. L. 105-277, div. A, Sec. 101(g) [title I, title III, Sec. 310],
Oct. 21, 1998, 112 Stat. 2681-439, 2681-446, 2681-465.
Pub. L. 105-66, title I, title III, Sec. 310, Oct. 27, 1997, 111
Stat. 1431, 1442.
Pub. L. 104-205, title I, title III, Sec. 310, Sept. 30, 1996, 110
Stat. 2958, 2969.
Pub. L. 104-50, title I, title III, Sec. 310, Nov. 15, 1995, 109
Stat. 443, 454.
Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2477; Pub. L.
104-19, title I, July 27, 1995, 109 Stat. 223.
Pub. L. 103-331, title III, Sec. 310, Sept. 30, 1994, 108 Stat.
2489, as amended by Pub. L. 104-59, title III, Sec. 338(c)(3), Nov. 28,
1995, 109 Stat. 605.
Pub. L. 103-122, title I, title III, Sec. 310, Oct. 27, 1993, 107
Stat. 1206, 1220, as amended by Pub. L. 103-211, title II, Feb. 12,
1994, 108 Stat. 20.
Pub. L. 102-388, title I, title III, Sec. 310, Oct. 6, 1992, 106
Stat. 1528, 1544.
Pub. L. 102-240, title I, Sec. 1002(a)-(g), Dec. 18, 1991, 105 Stat.
1916-1918.
Pub. L. 102-143, title I, title III, Sec. 310, Oct. 28, 1991, 105
Stat. 925, 940.
Pub. L. 101-516, title I, title III, Sec. 310, Nov. 5, 1990, 104
Stat. 2163, 2179.
Pub. L. 101-164, title I, title III, Sec. 310, Nov. 21, 1989, 103
Stat. 1077, 1092.
Pub. L. 100-457, title I, title III, Sec. 310, Sept. 30, 1988, 102
Stat. 2132, 2146.
Pub. L. 100-202, Sec. 101(l) [title I, title III, Sec. 310], Dec.
22, 1987, 101 Stat. 1329-358, 1329-365, 1329-378.
Pub. L. 100-17, title I, Sec. 105(a)-(g), Apr. 2, 1987, 101 Stat.
142-144.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I, title III,
Sec. 313(a)-(d)], Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591,
Sec. 101(l) [H.R. 5205, title I, title III, Sec. 313(a)-(d)], Oct. 30,
1986, 100 Stat. 3341-308.
Pub. L. 99-272, title IV, Sec. 4102(a)-(e), Apr. 7, 1986, 100 Stat.
112, 113.
Pub. L. 99-190, Sec. 101(e) [title I, title III, Sec. 313], Dec. 19,
1985, 99 Stat. 1267, 1275, 1285.
Pub. L. 98-473, title I, Sec. 101(i) [title I, title III, Sec. 315],
Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.
Pub. L. 98-78, title I, title III, Sec. 322, Aug. 15, 1983, 97 Stat.
460, 474.
Pub. L. 98-8, title I, Mar. 24, 1983, 97 Stat. 14.
Pub. L. 97-424, title I, Sec. 104(a)-(d), Jan. 6, 1983, 96 Stat.
2098.
Pub. L. 97-134, Sec. 3, Dec. 29, 1981, 95 Stat. 1699, as amended by
Pub. L. 97-216, title I, July 19, 1982, 96 Stat. 187.
Pub. L. 97-35, title XI, Sec. 1106, Aug. 13, 1981, 95 Stat. 624, as
amended by Pub. L. 97-424, title I, Sec. 104(e), Jan. 6, 1983, 96 Stat.
2099.
Apportionment Factors for Expenditures on System of Interstate and
Defense Highways
Provisions requiring the Secretary of Transportation to apportion
for specific fiscal years sums authorized to be appropriated for such
fiscal years by section 108(b) of the Federal-Aid Highway Act of 1956,
set out as a note under section 101 of this title, for expenditures on
the National System of Interstate and Defense Highways [now Dwight D.
Eisenhower System of Interstate and Defense Highways] using the
apportionment factors contained in certain tables in particular
committee prints of the Committee on Public Works and Transportation of
the House of Representatives were contained in the following acts:
Pub. L. 102-240, title I, Sec. 1001(b), Dec. 18, 1991, 105 Stat.
1915.
Pub. L. 100-17, title I, Sec. 102(a), Apr. 2, 1987, 101 Stat. 135.
Pub. L. 99-104, Sec. 1, Sept. 30, 1985, 99 Stat. 474.
Pub. L. 99-4, Sec. 1, Mar. 13, 1985, 99 Stat. 6.
Pub. L. 98-229, Sec. 1, Mar. 9, 1984, 98 Stat. 55.
Pub. L. 97-327, Sec. 3, Oct. 15, 1982, 96 Stat. 1611.
Pub. L. 97-134, Sec. 2, Dec. 29, 1981, 95 Stat. 1699.
Pub. L. 96-144, Sec. 1, Dec. 13, 1979, 93 Stat. 1084.
Pub. L. 95-599, title I, Sec. 103, Nov. 6, 1978, 92 Stat. 2689.
Pub. L. 94-280, title I, Sec. 103, May 5, 1976, 90 Stat. 426.
Pub. L. 93-87, title I, Sec. 103, Aug. 13, 1973, 87 Stat. 250.
Pub. L. 91-605, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1714.
Pub. L. 90-495, Sec. 3, Aug. 23, 1968, 82 Stat. 815.
Pub. L. 89-574, Sec. 3, Sept. 13, 1966, 80 Stat. 766.
Pub. L. 89-139, Sec. 2, Aug. 28, 1965, 79 Stat. 578.
Minimum Apportionment to Each State; Expenditure of Excess Amounts
Provisions entitling each State, for specific fiscal years, to
receive at least one-half of 1 per centum of the total apportionment for
the Interstate System under section 104(b)(5)(A) of this title, and
authorizing States to expend amounts available under these provisions
which are in excess of the estimated cost of completing and of necessary
resurfacing, restoring, rehabilitating, and reconstruction of the
State's portion of the Interstate System for the purposes for which
funds apportioned under section 104(b)(1), (2), and (6) of this title
may be expended or for carrying out section 152 of this title were
contained in the following acts:
Pub. L. 100-17, title I, Sec. 102(c), Apr. 2, 1987, 101 Stat. 135,
as amended by Pub. L. 102-240, title I, Sec. 1001(h), Dec. 18, 1991, 105
Stat. 1916.
Pub. L. 97-424, title I, Sec. 103(a), Jan. 6, 1983, 96 Stat. 2097.
Pub. L. 97-327, Sec. 4(b), Oct. 15, 1982, 96 Stat. 1612; repealed
Pub. L. 97-424, title I, Sec. 103(b), Jan. 6, 1983, 96 Stat. 2098.
Pub. L. 95-599, title I, Sec. 104(b)(1), Nov. 6, 1978, 92 Stat.
2691.
Pub. L. 94-280, title I, Sec. 105(b)(1), May 5, 1976, 90 Stat. 428.
Pub. L. 93-87, title I, Sec. 104(b), Aug. 13, 1973, 87 Stat. 252.
Pub. L. 91-605, title I, Sec. 105(b), Dec. 31, 1970, 84 Stat. 1716.
Public Boat Launching Areas; Access Ramps
Section 147 of Pub. L. 94-280 provided that: ``Funds apportioned to
States under subsections (b)(1), (b)(2), and (b)(6) of section 104 of
title 23, United States Code, may be used upon the application of the
State and the approval of the Secretary of Transportation for
construction of access ramps from bridges under construction or which
are being reconstructed, replaced, repaired, or otherwise altered on the
Federal-aid primary, secondary, or urban system to public boat launching
areas adjacent to such bridges. Approval of the Secretary shall be in
accordance with guidelines developed jointly by the Secretary of
Transportation and the Secretary of the Interior.''
Use of Federal Funds During Period Beginning February 12, 1975, and
Ending September 30, 1975
Pub. L. 94-30, Sec. 3, June 4, 1975, 89 Stat. 171, sanctioned the
use of any money apportioned under section 104(b) of this title for any
Federal-aid highway system in a State for any project in that State on
any Federal-aid highway system, such amount to be deducted from the
apportionment made after June 4, 1975 and repaid and credited to the
last apportionment made for which the money was originally apportioned.
Minimum Apportionment for Primary System; Additional Appropriations for
Fiscal Years Ending June 30, 1974, 1975, and 1976
Section 111(b) of Pub. L. 93-87 provided that: ``Notwithstanding the
amendments made by subsection (a) of this section [to subsecs. (b)(1),
(2), (6), (c) and (d) of this section] no State (other than the District
of Columbia) shall receive an apportionment for the primary system which
is less than the apportionment which such State received for such system
for the fiscal year ending June 30, 1973. In order to carry out this
subsection, there is authorized to be appropriated out of the Highway
Trust Fund for the Federal-aid primary system, an additional $17,000,000
for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal
year for the fiscal years ending June 30, 1975, and June 30, 1976.''
Section 102(a) of the Federal-Aid Highway Act of 1956
Act June 29, 1956, ch. 462, title I, Sec. 102(a), 70 Stat. 374,
authorized, for the purpose of carrying out the provisions of the
Federal-Aid Road Act approved July 11, 1916, additional appropriations
of $125,000,000 for the fiscal year ending June 30, 1957, $850,000,000
for the fiscal year ending June 30, 1958, and $875,000,000 for the
fiscal year ending June 30, 1959, and provided for the percentage
allocation of these funds for primary, secondary and urban systems and
the manner of apportionment among the States.
Approval of Estimate of Cost of Completing the Interstate System as
Basis for Apportionment of Funds for Fiscal Years 1963 to 1966
Pub. L. 87-61, title I, Sec. 102, June 29, 1961, 75 Stat. 122,
approved the estimate of cost of completing the Interstate System in
each State, transmitted to the Congress on Jan. 11, 1961, as the basis
for making the apportionment of funds authorized for the fiscal years
ending June 30, 1963, 1964, 1965, and 1966.
Approval of Estimate of Cost of Completing the Interstate System as
Basis for Apportionment of Funds for Fiscal Years 1960-1962
Pub. L. 85-381, Sec. 8, Apr. 16, 1958, 72 Stat. 94, as amended by
Pub. L. 85-899, Sec. 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L. 86-342,
title I, Sec. 103, Sept. 21, 1959, 73 Stat. 611, approved the estimate
of cost of completing the Interstate System in each State, transmitted
to the Congress on Jan. 7, 1958, as the basis for making the
apportionment of funds authorized for the fiscal years ending June 30,
1960, 1961, and 1962.
Apportionments for Subsequent Years Based on Revised Estimates of Cost
Act June 29, 1956, ch. 462, title I, Sec. 108(d), 70 Stat. 379, as
amended by act Sept. 2, 1958, Pub. L. 85-899, Sec. 2, 72 Stat. 1725,
provided that the sums authorized for the fiscal years 1960 through 1969
be apportioned among the several States in the ratio which the estimated
cost of completing the Interstate System had to the sum of the estimated
cost of completing the Interstate System in all of the States, and
required the Secretary of Commerce, in cooperation with State highway
departments, to make detailed revised estimates of the cost of
completion of the system and to supply Congress with such revised
estimate.
Section Referred to in Other Sections
This section is referred to in sections 103, 105, 115, 117, 118,
119, 120, 126, 127, 130, 131, 133, 134, 136, 137, 140, 141, 142, 143,
146, 149, 151, 152, 153, 154, 157, 158, 159, 160, 161, 164, 204, 217,
303, 309, 311, 504, 505 of this title; title 49 sections 5504, 31314.
