23 U.S.C. § 104 — Apportionment

Page 45 TITLE 23—HIGHWAYS § 104 lic mass transit project shall be approved under this paragraph unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. The provision of assistance under this para- graph shall not be construed as bringing within the ap- plication of chapter 15 of title 5, United States Code [section 1501 et seq. of Title 5, Government Organiza- tion and Employees], any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obli- gation pursuant to the Urban Mass Transportation Act of 1964, as amended [section 1601 et seq. of Title 49, Transportation]. The provisions of section 3(e)(4) of the Urban Mass Transportation Act of 1964, as amended, [section 1602 (e)(4) of Title 49], shall apply in carrying out this paragraph.’’ BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT Pub. L. 93–87, title I, § 148(d), Aug. 13, 1973, 87 Stat. 274, provided that: ‘‘Federal-aid systems realignment shall be based upon anticipated functional usage in the year 1980 or a planned connected system.’’ § 104. Apportionment (a) ADMINISTRATIVE EXPENSES.— (1) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for adminis- trative expenses of the Federal Highway Ad- ministration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) PURPOSES.—The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Fed- eral-aid highway program and programs au- thorized under chapter 2; (B) 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 (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual au- dits of financial statements in accordance with section 3521 of title 31. (3) AVAILABILITY.—The amounts made avail- able under paragraph (1) shall remain avail- able until expended. (b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE APPORTIONMENT.—The Secretary shall distribute the amount of the base appor- tionment apportioned to a State for a fiscal year under subsection (c) among the national high- way performance program, the surface transpor- tation block grant program, the highway safety improvement program, the congestion mitiga- tion and air quality improvement program, the national highway freight program, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 as follows: (1) NATIONAL HIGHWAY PERFORMANCE PRO- GRAM.—For the national highway performance program, 59.0771195921461 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (2) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—For the surface transportation block grant program, 28.7402203421251 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (3) HIGHWAY SAFETY IMPROVEMENT PRO- GRAM.—For the highway safety improvement program, 6.70605141316253 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.— (A) IN GENERAL.—For the congestion miti- gation and air quality improvement pro- gram, an amount determined for the State under subparagraphs (B) and (C). (B) TOTAL AMOUNT.—The total amount for the congestion mitigation and air quality improvement program for all States shall be— (i) $2,536,490,803 for fiscal year 2022; (ii) $2,587,220,620 for fiscal year 2023; (iii) $2,638,965,032 for fiscal year 2024; (iv) $2,691,744,332 for fiscal year 2025; and (v) $2,745,579,213 for fiscal year 2026. (C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement pro- gram under subparagraph (B) so that each State receives an amount equal to the pro- portion that— (i) the amount apportioned to the State for the congestion mitigation and air qual- ity improvement program for fiscal year 2020; bears to (ii) the total amount of funds appor- tioned to all States for that program for fiscal year 2020. (5) NATIONAL HIGHWAY FREIGHT PROGRAM.— (A) IN GENERAL.—For the national highway freight program under section 167, the Sec- retary shall set aside from the base appor- tionment determined for a State under sub- section (c) an amount determined for the State under subparagraphs (B) and (C). (B) TOTAL AMOUNT.—The total amount set aside for the national highway freight pro- gram for all States shall be— (i) $1,373,932,519 for fiscal year 2022; (ii) $1,401,411,169 for fiscal year 2023; (iii) $1,429,439,392 for fiscal year 2024; (iv) $1,458,028,180 for fiscal year 2025; and (v) $1,487,188,740 for fiscal year 2026. (C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the na- tional highway freight program under sub- paragraph (B) so that each State receives the amount equal to the proportion that— (i) the total base apportionment deter- mined for the State under subsection (c); bears to Page 46 TITLE 23—HIGHWAYS § 104 (ii) the total base apportionments for all States under subsection (c). (6) METROPOLITAN PLANNING.— (A) IN GENERAL.—To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). (B) TOTAL AMOUNT.—The total amount for metropolitan planning for all States shall be— (i) $438,121,139 for fiscal year 2022; (ii) $446,883,562 for fiscal year 2023; (iii) $455,821,233 for fiscal year 2024; (iv) $464,937,657 for fiscal year 2025; and (v) $474,236,409 for fiscal year 2026. (C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the pro- portion that— (i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to (ii) the total amount of funds appor- tioned to all States to carry out section 134 for fiscal year 2020. (7) CARBON REDUCTION PROGRAM.—For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remain- ing after distributing amounts under para- graphs (4), (5), and (6). (8) PROTECT FORMULA PROGRAM.—To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (c) CALCULATION OF AMOUNTS.— (1) STATE SHARE.—For fiscal year 2022 and each fiscal year thereafter, the amount for each State shall be determined as follows: (A) INITIAL AMOUNTS.—The initial amounts for each State shall be determined by multi- plying— (i) the base apportionment; by (ii) the share for each State, which shall be equal to the proportion that— (I) the amount of apportionments that the State received for fiscal year 2021; bears to (II) the amount of those apportion- ments received by all States for that fis- cal year. (B) GUARANTEED AMOUNTS.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is— (i) equal to at least 95 percent of the es- timated tax payments paid into the High- way Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— (I) attributable to highway users in the State; and (II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; (ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and (iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year. (2) STATE APPORTIONMENT.—On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums au- thorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction pro- gram under section 175, to carry out sub- section (c) of the PROTECT program under section 176, and to carry out section 134 in ac- cordance with paragraph (1). (d) METROPOLITAN PLANNING.— (1) USE OF AMOUNTS.— (A) USE.— (i) IN GENERAL.—Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for car- rying out section 134 in the State. (ii) STATES RECEIVING MINIMUM APPOR- TIONMENT.—A State that received the min- imum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning out- side of urbanized areas. (B) UNUSED FUNDS.—Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organi- zation to the State to fund activities under section 135. (2) DISTRIBUTION OF AMOUNTS WITHIN STATES.— (A) IN GENERAL.—The distribution within any State of the planning funds made avail- able to organizations under paragraph (1) shall be in accordance with a formula that— (i) is developed by each State and ap- proved by the Secretary; and (ii) takes into consideration, at a min- imum, population, status of planning, at- tainment of air quality standards, metro- politan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable re- quirements of Federal law. (B) REIMBURSEMENT.—Not later than 15 business days after the date of receipt by a State of a request for reimbursement of ex- penditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distrib- uted under this paragraph to the metropoli- tan planning organization by the State, the metropolitan planning organization for those expenditures. (3) DETERMINATION OF POPULATION FIGURES.— For the purpose of determining population fig- Page 47 TITLE 23—HIGHWAYS § 104 ures under this subsection, the Secretary shall use the latest available data from the decen- nial census conducted under section 141(a) of title 13, United States Code. (e) CERTIFICATION OF APPORTIONMENTS.— (1) IN GENERAL.—The Secretary shall— (A) on October 1 of each fiscal year, certify to each of the State transportation depart- ments the amount that has been apportioned to the State under this section for the fiscal year; and (B) to permit the States to develop ade- quate plans for the use of amounts appor- tioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized. (2) NOTICE TO STATES.—If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Sec- retary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Pub- lic Works of the Senate, a written statement of the reason for not making the apportion- ment in a timely manner. (3) APPORTIONMENT CALCULATIONS.— (A) IN GENERAL.—The calculation of offi- cial apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department. (B) PROHIBITION ON USE OF FUNDS TO HIRE CONTRACTORS.—None of the funds made available under this title shall be used to hire contractors to calculate the apportion- ments of funds to States. (f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— (1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.— (A) IN GENERAL.—Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and adminis- tered by the Secretary in accordance with chapter 53 of title 49. (B) NON-FEDERAL SHARE.—The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A). (2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.— (A) IN GENERAL.—Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in ac- cordance with this title. (B) NON-FEDERAL SHARE.—The provisions of chapter 53 of title 49 relating to the non- Federal share shall apply to amounts trans- ferred under subparagraph (A). (3) TRANSFER OF FUNDS AMONG STATES OR TO AN OPERATING ADMINISTRATION OF THE DEPART- MENT OF TRANSPORTATION.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allo- cated under this title to the State to an- other State, or to an operating administra- tion of the Department of Transportation, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated. (B) APPORTIONMENT.—The transfer shall have no effect on any apportionment of amounts to a State under this section. (C) FUNDS SUBALLOCATED TO URBANIZED AREAS.—Amounts that are apportioned or al- located to a State under subsection (b)(3) (as in effect on the day before the date of enact- ment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 indi- viduals under section 133(d) may be trans- ferred under this paragraph only if the met- ropolitan planning organization designated for the area concurs, in writing, with the transfer request. (4) TRANSFER OF OBLIGATION AUTHORITY.—Ob- ligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section. (g) HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY REPORTS.— (1) COMPILATION OF DATA.—Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in ac- cordance with this subsection on the use of Federal-aid highway funds made available under this title. (2) REQUIREMENTS.—The Secretary shall en- sure that the reports required under this sub- section are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website. (3) CONTENTS OF REPORTS.— (A) APPORTIONED AND ALLOCATED PRO- GRAMS.—On a semiannual basis, the Sec- retary shall make available a report on funding apportioned and allocated to the States under this title that describes— (i) the amount of funding obligated by each State, year-to-date, for the current fiscal year; (ii) the amount of funds remaining avail- able for obligation by each State; (iii) changes in the obligated, unex- pended balance for each State, year-to- date, during the current fiscal year, in- cluding the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures; (iv) the amount and program category of unobligated funding, year-to-date, avail- able for expenditure at the discretion of the Secretary; (v) the rates of obligation on and off the National Highway System, year-to-date, Page 48 TITLE 23—HIGHWAYS § 104 for the current fiscal year of funds appor- tioned, allocated, or set aside under this section, according to— (I) program; (II) funding category or subcategory; (III) type of improvement; (IV) State; and (V) sub-State geographical area, in- cluding urbanized and rural areas, on the basis of the population of each such area; and (vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under sec- tion 126. (B) PROJECT DATA.—On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of con- struction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describ- ing— (i) the specific location of the project; (ii) the total cost of the project; (iii) the amount of Federal funding obli- gated for the project; (iv) the program or programs from which Federal funds have been obligated for the project; (v) the type of improvement being made, such as categorizing the project as— (I) a road reconstruction project; (II) a new road construction project; (III) a new bridge construction project; (IV) a bridge rehabilitation project; or (V) a bridge replacement project; (vi) the ownership of the highway or bridge; (vii) whether the project is located in an area of the State with a population of— (I) less than 5,000 individuals; (II) 5,000 or more individuals but less than 50,000 individuals; (III) 50,000 or more individuals but less than 200,000 individuals; or (IV) 200,000 or more individuals; and (viii) available information on the esti- mated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revi- sions to the scope of work or other factors affecting project cost other than cost over- runs. (h) BASE APPORTIONMENT DEFINED.—In this section, the term ‘‘base apportionment’’ means the combined amount authorized for appropria- tion for the national highway performance pro- gram under section 119, the surface transpor- tation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under sec- tion 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86–70, § 21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86–657, § 8(g), July 14, 1960, 74 Stat. 525; Pub. L. 87–866, § 10(a), Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, §§ 2, 3, Oct. 24, 1963, 77 Stat. 276; Pub. L. 88–423, § 4(a), Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, § 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91–605, title I, §§ 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717; Pub. L. 93–87, title I, §§ 106(b), 111(a), 112, title II, § 227, Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94–280, title I, §§ 106(b), 107(b), 112(a)–(g), 113(a), title II, § 206, May 5, 1976, 90 Stat. 429, 430, 433–435, 453; Pub. L. 95–599, title I, §§ 108–110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696, 2699; Pub. L. 97–134, §§ 4(c), 5, Dec. 29, 1981, 95 Stat. 1700; Pub. L. 100–17, title I, §§ 102(b)(1), (2), 114(e)(1), Apr. 2, 1987, 101 Stat. 135, 153; Pub. L. 100–202, § 101(l) [title III, § 347(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 101–516, title III, § 333 (part), Nov. 5, 1990, 104 Stat. 2184; Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947; Pub. L. 102–240, title I, §§ 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, §§ 302, 319(a)(2), 337(f), title IV, § 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633; Pub. L. 105–130, §§ 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title I, §§ 1103(a)–(k), (o), 1212(a)(2)(A), June 9, 1998, 112 Stat. 118–125, 193; Pub. L. 105–206, title IX, § 9002(c)(3), July 22, 1998, 112 Stat. 835; Pub. L. 106–159, title I, § 101(b), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 108–178, § 4(d), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109–59, title I, §§ 1103, 1107–1109(a), 1118(b)(2), 1401(a)(3)(A), (b), Aug. 10, 2005, 119 Stat. 1161, 1166–1168, 1181, 1225; Pub. L. 110–244, title I, § 101(i), (m)(3)(A), June 6, 2008, 122 Stat. 1574, 1576; Pub. L. 112–141, div. A, title I, §§ 1105(a), 1519(c)(3), July 6, 2012, 126 Stat. 427, 575; Pub. L. 114–94, div. A, title I, §§ 1104(a)–(e)(1), 1402(a), 1446(d)(5)(A), Dec. 4, 2015, 129 Stat. 1329–1332, 1405, 1438; Pub. L. 117–58, div. A, title I, §§ 11104, 11525(b), Nov. 15, 2021, 135 Stat. 454, 607.) Editorial Notes REFERENCES IN TEXT Subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) referred to in subsec. (f)(3)(C), means subsec. (b)(3) of this section as in effect on the day before the date of enactment of Pub. L. 112–141, which amended this section generally. The date of enactment of the MAP–21 is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. The date of enactment of the FAST Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. CODIFICATION Another section 1003(e) of Pub. L. 102–240, as added by Pub. L. 105–130, § 2(d), is not classified to the Code. AMENDMENTS 2021—Subsec. (a)(1)(A) to (E). Pub. L. 117–58, § 11104(a), added subpars. (A) to (E) and struck out former sub- pars. (A) to (E) which authorized appropriations for fis- cal years 2016 to 2020. Page 49 TITLE 23—HIGHWAYS § 104 Subsec. (b). Pub. L. 117–58, § 11104(b)(1), in introduc- tory provisions, inserted ‘‘the carbon reduction pro- gram under section 175, to carry out subsection (c) of the PROTECT program under section 176,’’ before ‘‘and to carry out section 134’’. Subsec. (b)(1). Pub. L. 117–58, § 11104(b)(2), substituted ‘‘59.0771195921461 percent’’ for ‘‘63.7 percent’’. Subsec. (b)(2). Pub. L. 117–58, § 11104(b)(3), substituted ‘‘28.7402203421251 percent’’ for ‘‘29.3 percent’’. Subsec. (b)(3). Pub. L. 117–58, § 11104(b)(4), substituted ‘‘6.70605141316253 percent’’ for ‘‘7 percent’’. Subsec. (b)(4). Pub. L. 117–58, § 11104(b)(5), added par. (4) and struck out former par. (4) which provided a means for determining the State’s share of base appor- tionment for the congestion mitigation and air quality improvement program. Subsec. (b)(5)(B). Pub. L. 117–58, § 11104(b)(6)(A), added subpar. (B) and struck out former subpar. (B) which specified amounts set aside for the national highway freight program for fiscal years 2016 to 2020. Subsec. (b)(5)(D). Pub. L. 117–58, § 11104(b)(6)(B), struck out subpar. (D). Text read as follows: ‘‘Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that— ‘‘(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to ‘‘(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).’’ Subsec. (b)(6) to (8). Pub. L. 117–58, § 11104(b)(7), added pars. (6) to (8) and struck out former par. (6) which re- lated to determination of amount to carry out section 134 of this title regarding metropolitan planning. Subsec. (c)(1). Pub. L. 117–58, § 11104(c)(1)(A), sub- stituted ‘‘fiscal year 2022 and each fiscal year there- after’’ for ‘‘each of fiscal years 2016 through 2020’’ in in- troductory provisions. Subsec. (c)(1)(A)(i). Pub. L. 117–58, § 11104(c)(1)(B)(i), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘each of— ‘‘(I) the base apportionment; ‘‘(II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and ‘‘(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant pro- gram; by’’. Subsec. (c)(1)(A)(ii)(I). Pub. L. 117–58, § 11104(c)(1)(B)(ii), substituted ‘‘fiscal year 2021’’ for ‘‘fiscal year 2015’’. Subsec. (c)(1)(B). Pub. L. 117–58, § 11104(c)(1)(C), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most re- cent fiscal year for which data are available.’’ Subsec. (c)(2). Pub. L. 117–58, § 11104(c)(2), substituted ‘‘fiscal year 2022 and each fiscal year thereafter’’ for ‘‘fiscal years 2016 through 2020’’ and inserted ‘‘the car- bon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,’’ before ‘‘and to carry out section 134’’. Subsec. (d)(1)(A). Pub. L. 117–58, § 11104(d), substituted ‘‘subsection (b)(6)’’ for ‘‘paragraphs (5)(D) and (6) of sub- section (b)’’ in cls. (i) and (ii). Subsec. (f)(3). Pub. L. 117–58, § 11525(b)(1), substituted ‘‘AN OPERATING ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION’’ for ‘‘FEDERAL HIGHWAY ADMINISTRA- TION’’ in heading. Subsec. (f)(3)(A). Pub. L. 117–58, § 11525(b)(2), sub- stituted ‘‘an operating administration of the Depart- ment of Transportation’’ for ‘‘the Federal Highway Ad- ministration’’. Subsec. (h). Pub. L. 117–58, § 11104(f), redesignated sub- sec. (i) as (h), struck out dash after ‘‘means’’ and par. (1) designation before ‘‘the combined amount’’, sub- stituted ‘‘the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT pro- gram under section 176, and to carry out section 134.’’ for ‘‘and to carry out section 134; minus’’, and struck out par. (2) which read as follows: ‘‘supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.’’ Former subsec. (h) struck out. Pub. L. 117–58, § 11104(e), struck out subsec. (h) which related to reservation of supplemental funds for the na- tional highway performance program and the surface transportation block grant program. Subsec. (i). Pub. L. 117–58, § 11104(f)(1), redesignated subsec. (i) as (h). 2015—Subsec. (a)(1). Pub. L. 114–94, § 1104(a), amended par. (1) generally. Prior to amendment, text read as fol- lows: ‘‘There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for ad- ministrative expenses of the Federal Highway Adminis- tration— ‘‘(A) $454,180,326 for fiscal year 2013; and ‘‘(B) $440,000,000 for fiscal year 2014.’’ Subsec. (b). Pub. L. 114–94, § 1104(b)(1), amended intro- ductory provisions generally. Prior to amendment, in- troductory provisions read as follows: ‘‘The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transpor- tation program, the highway safety improvement pro- gram, and the congestion mitigation and air quality improvement program, and to carry out section 134 as follows:’’. Subsec. (b)(1). Pub. L. 114–94, § 1104(b)(2), substituted ‘‘paragraphs (4), (5), and (6)’’ for ‘‘paragraphs (4) and (5)’’. Subsec. (b)(2). Pub. L. 114–94, § 1104(b)(2), (3), sub- stituted ‘‘SURFACE TRANSPORTATION BLOCK GRANT PRO- GRAM’’ for ‘‘SURFACE TRANSPORTATION PROGRAM’’ in heading, ‘‘paragraphs (4), (5), and (6)’’ for ‘‘paragraphs (4) and (5)’’, and ‘‘surface transportation block grant program’’ for ‘‘surface transportation program’’. Subsec. (b)(3). Pub. L. 114–94, § 1104(b)(2), substituted ‘‘paragraphs (4), (5), and (6)’’ for ‘‘paragraphs (4) and (5)’’. Subsec. (b)(4). Pub. L. 114–94, § 1104(b)(4), substituted ‘‘the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5)’’ for ‘‘the amount determined for the State under subsection (c)’’ in introductory provisions. Subsec. (b)(5). Pub. L. 114–94, § 1104(b)(6), added par. (5). Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 114–94, § 1104(b)(5), (7), redesig- nated former par. (5) as (6), and substituted ‘‘the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5)’’ for ‘‘the amount deter- mined for the State under subsection (c)’’ in introduc- tory provisions. Subsec. (c). Pub. L. 114–94, § 1104(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to calculation of State amounts. Subsec. (d)(1)(A). Pub. L. 114–94, § 1104(e)(1), sub- stituted ‘‘paragraphs (5)(D) and (6) of subsection (b)’’ for ‘‘subsection (b)(5)’’ in two places. Subsec. (e). Pub. L. 114–94, § 1446(d)(5)(A), repealed amendment by Pub. L. 112–141, § 1519(c)(3). See 2012 Amendment note below. Subsec. (g). Pub. L. 114–94, § 1402(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to reports to Congress for each fiscal year. Subsecs. (h), (i). Pub. L. 114–94, § 1104(d), added sub- secs. (h) and (i). 2012—Pub. L. 112–141, § 1105(a), amended section gen- erally. Prior to amendment, section related to appor- tionment and consisted of subsecs. (a) to (l). Page 50 TITLE 23—HIGHWAYS § 104 Subsec. (e). Pub. L. 112–141, § 1519(c)(3), which directed amendment of subsec. (e) by striking out ‘‘, 105,’’ and could not be executed, was repealed by Pub. L. 114–94, § 1446(d)(5)(A). 2008—Subsec. (b)(5)(A)(iii). Pub. L. 110–244, § 101(i), substituted ‘‘Federal-aid highways’’ for ‘‘the Federal- aid system’’ in subcls. (I) and (II). Subsec. (f)(1). Pub. L. 110–244, § 101(m)(3)(A), struck out ‘‘replacement and rehabilitation’’ after ‘‘highway bridge’’. 2005—Subsec. (a). Pub. L. 109–59, § 1103(a)(1), reenacted heading without change and amended text of subsec. (a) generally, substituting provisions authorizing appro- priations for administrative expenses of the Federal Highway Administration and provisions relating to uses and availability of funds for provisions relating to deduction for administrative activities from sums made available under certain programs and provisions relating to consideration of unobligated balances, availability of sums, and limitation on transferability. Subsec. (b). Pub. L. 109–59, §§ 1103(a)(2)(A), 1401(b)(1), in introductory provisions, substituted ‘‘the set-asides authorized by subsections (d) and (f) and section 130(e)’’ for ‘‘the deduction authorized by subsection (a) and the set-aside authorized by subsection (f)’’ and inserted ‘‘the highway safety improvement program,’’ after ‘‘Improvement program,’’. Subsec. (b)(1)(A). Pub. L. 109–59, §§ 1103(b), (c), 1118(b)(2), in introductory provisions, substituted ‘‘$40,000,000 for each of fiscal years 2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 2009 for the territorial highway program under section 215, $30,000,000 for each of fiscal years 2005 through 2009’’ for ‘‘$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’’. Subsec. (b)(2)(B)(i). Pub. L. 109–59, § 1103(d)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘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.);’’. Subsec. (b)(2)(B)(viii). Pub. L. 109–59, § 1103(d)(1)(B)–(D), added cl. (viii). Subsec. (b)(2)(C). Pub. L. 109–59, § 1103(d)(2), added sub- par. (C) and struck out former subpar. (C), which re- quired that the weighted nonattainment or mainte- nance area population of the area for a carbon mon- oxide nonattainment area be further multiplied by a factor of 1.2 and that the weighted nonattainment or maintenance area population of the area for a carbon monoxide maintenance area be further multiplied by a factor of 1.1. Subsec. (b)(5). Pub. L. 109–59, § 1401(b)(2), added par. (5). Subsec. (d)(1). Pub. L. 109–59, § 1103(f)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘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 edu- cation program to help prevent and reduce motor vehi- cle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings.’’ Subsec. (d)(2). Pub. L. 109–59, § 1103(f)(1), reenacted heading without change. Subsec. (d)(2)(A). Pub. L. 109–59, § 1103(f)(1), added sub- par. (A) and struck out heading and text of former sub- par. (A). Text read as follows: ‘‘Before making an ap- portionment 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.’’ Subsec. (d)(2)(E). Pub. L. 109–59, § 1103(f)(2), sub- stituted ‘‘Of such set-aside, not less than $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year 2009’’ for ‘‘Not less than $250,000 of such set-aside’’ and struck out ‘‘per fiscal year’’ after ‘‘shall be available’’. Subsec. (e)(1). Pub. L. 109–59, § 1103(a)(2)(B), struck out ‘‘, and also the sums which he has deducted for admin- istration pursuant to subsection (a) of this section’’ after ‘‘such fiscal year’’. Subsec. (f)(1). Pub. L. 109–59, § 1107(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘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 ex- ceed 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 re- quirements of section 134 of this title.’’ Subsec. (f)(2). Pub. L. 109–59, § 1107(2), substituted ‘‘percent’’ for ‘‘per centum’’. Subsec. (f)(3). Pub. L. 109–59, § 1107(3), designated first sentence as subpar. (A), inserted heading, and sub- stituted subpar. (B) for second sentence which read as follows: ‘‘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.’’ Subsec. (f)(4). Pub. L. 109–59, § 1107(4), designated ex- isting provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (g). Pub. L. 109–59, § 1401(a)(3)(A), substituted ‘‘sections 130 and 144’’ for ‘‘sections 130, 144, and 152 of this title’’. Subsec. (h)(1). Pub. L. 109–59, § 1109(a)(1), substituted ‘‘Before apportioning sums authorized to be appro- priated to carry out the recreational trails program under section 206, the Secretary shall deduct for admin- istrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.’’ for ‘‘Whenever an apportion- ment is made of the sums authorized to be appropriated to carry out the recreational trails program under sec- tion 206, the Secretary shall deduct an amount, not to exceed 11⁄2 percent of the sums authorized, to cover the cost to the Secretary for administration of and re- search and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee.’’ Subsec. (h)(2). Pub. L. 109–59, § 1109(a)(2), substituted ‘‘The Secretary shall apportion the sums’’ for ‘‘After making the deduction authorized by paragraph (1) of this subsection, the Secretary shall apportion the re- mainder of the sums’’ in introductory provisions. Subsec. (i). Pub. L. 109–59, § 1103(a)(2)(C), substituted ‘‘made available’’ for ‘‘deducted’’. Subsec. (j). Pub. L. 109–59, § 1103(e), substituted ‘‘sub- mit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet,’’ for ‘‘submit to Congress a report’’ in intro- ductory provisions. Subsec. (k). Pub. L. 109–59, § 1108, reenacted heading without change and amended text of subsec. (k) gen- erally. Prior to amendment, text read as follows: ‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds made avail- able under this title and transferred for transit projects of a type described in section 133(b)(2) shall be adminis- tered 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 avail- able under chapter 53 of title 49 and transferred for highway projects shall be administered by the Sec- retary 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.’’ 2003—Subsec. (a)(1). Pub. L. 108–178 substituted ‘‘sec- tion 14501 of title 40’’ for ‘‘section 201 of the Appa- Page 51 TITLE 23—HIGHWAYS § 104 lachian Regional Development Act of 1965 (40 U.S.C. App.)’’ in introductory provisions. 1999—Subsec. (a)(1). Pub. L. 106–159, § 101(b)(1)–(3), sub- stituted ‘‘exceed—’’ for ‘‘exceed 11⁄2 percent of all sums so made available, as the Secretary determines nec- essary—’’ in introductory provisions, added introduc- tory provisions of subpar. (A), redesignated former sub- pars. (A) and (B) as cls. (i) and (ii), respectively, of sub- par. (A), substituted ‘‘; and’’ for the period at end of cl. (ii), and added subpar. (B). Subsec. (a)(4). Pub. L. 106–159, § 101(b)(4), which di- rected 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, § 1103(a), added sub- sec. (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 33⁄4 per centum of all sums so authorized as the Secretary may deem necessary for administering the provisions of law to be financed from appropria- tions 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 ex- penditure from the unexpended balance of any appro- priation made at any time for expenditure upon the Federal-aid systems, until such sum has been ex- pended.’’ Subsec. (a)(1). Pub. L. 105–178, § 1103(o)(1), as added by Pub. L. 105–206, § 9002(c)(3), struck out ‘‘under section 103’’ after ‘‘National Highway System program’’ in in- troductory provisions. Subsec. (b). Pub. L. 105–178, § 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 appro- priated for surface transportation program, congestion mitigation and air quality improvement program, Na- tional Highway System, and Interstate System each fiscal year. Subsec. (b)(1)(A). Pub. L. 105–178, § 1103(o)(2)(A), as added by Pub. L. 105–206, § 9002(c)(3), substituted ‘‘1998 through 2002’’ for ‘‘1999 through 2003’’. Subsec. (b)(4)(B)(i). Pub. L. 105–178, § 1103(o)(2)(B), as added by Pub. L. 105–206, § 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 High- way 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, § 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, § 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 fis- cal 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 elimi- nation 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 para- graph. ‘‘(B) A corridor selected by the Secretary under sub- paragraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reason- ably be expected to occur in the future.’’ Subsec. (d)(3). Pub. L. 105–178, § 1103(c)(2), struck out par. (3) which read as follows: ‘‘In making the deter- mination 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 topog- raphy and other traffic on the line, projected benefits to nonriders such as congestion relief on other modes of transportation serving the corridors (including conges- tion 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 ex- pected in the operation of high speed rail passenger service in such corridors.’’ Subsec. (e). Pub. L. 105–178, § 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 pre- ceding the fiscal year for which authorized, the Sec- retary shall certify to each of the State highway de- partments 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, § 1212(a)(2)(A)(ii), sub- stituted ‘‘State transportation departments’’ for ‘‘State highway departments’’. Subsec. (e)(2). Pub. L. 105–178, § 1103(o)(3), as added by Pub. L. 105–206, § 9002(c)(3), substituted ‘‘104, 105, or 144’’ for ‘‘104, 144, or 157’’. Subsec. (f). Pub. L. 105–178, § 1103(k)(1), inserted head- ing. Subsec. (f)(1). Pub. L. 105–178, § 1103(k)(2), which di- rected the amendment of par. (1) by striking out ‘‘ ‘, except that’ and all that follows through ‘pro- grams’ ’’, 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 rec- reational trails program’’ after ‘‘section 134 of this title’’ to reflect the probable intent of Congress and the amendment by Pub. L. 105–178, § 1103(e)(1). See below. Pub. L. 105–178, § 1103(k)(1), (6), inserted heading and realigned margins. Pub. L. 105–178, § 1103(e)(1), substituted ‘‘recreational trails program’’ for ‘‘Interstate construction and Inter- state substitute programs’’. Subsec. (f)(2). Pub. L. 105–178, § 1103(k)(3), (6), inserted heading and realigned margins. Subsec. (f)(3). Pub. L. 105–178, § 1103(e)(2), (k)(4), (6), in- serted heading, substituted ‘‘section 120(b)’’ for ‘‘sec- tion 120(j) of this title’’, and realigned margins. Subsec. (f)(4). Pub. L. 105–178, § 1103(k)(5), (6), inserted heading and realigned margins. Subsec. (f)(5). Pub. L. 105–178, § 1103(k)(6), realigned margins. Subsec. (g). Pub. L. 105–178, § 1212(a)(2)(A)(i), sub- stituted ‘‘State transportation department’’ for ‘‘State highway department’’ wherever appearing. Subsec. (h). Pub. L. 105–178, § 1103(f), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: ‘‘In addition to funds made avail- able from the National Recreational Trails Trust Fund, the Secretary shall obligate, from administrative funds (contract authority) deducted under subsection (a), to Page 52 TITLE 23—HIGHWAYS § 104 carry out section 1302 of the Intermodal Surface Trans- portation 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, § 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 administra- tive funds deducted under subsection (a), the Sec- retary 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 re- habilitation 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, § 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 pro- grams during the preceding calendar month, (2) the cu- mulative amount of obligation, by State, for that fiscal year, (3) the balance as of the last day of such pre- ceding 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 fis- cal year.’’ Subsec. (k). Pub. L. 105–178, § 1103(i), added subsec. (k). Subsec. (l). Pub. L. 105–178, § 1103(j), added subsec. (l). 1997—Subsec. (h). Pub. L. 105–130, § 5(b), added Pub. L. 102–240, § 1003(e). See 1991 Amendment note below. Subsec. (i)(1). Pub. L. 105–130, § 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, § 319(a)(2), in sec- ond 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, § 302, substituted ‘‘exceed 50 percent’’ for ‘‘exceed 40 percent’’ in third sentence. Subsecs. (h) to (j). Pub. L. 104–59, §§ 337(f), 410, added subsecs. (h) and (i) and redesignated former subsec. (h) as (j). 1991—Subsec. (a). Pub. L. 102–240, § 1007(b)(2)(A), sub- stituted ‘‘on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Inter- state 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, § 333(c), repealed Pub. L. 101–516, § 333. See 1990 Amendment note below. Subsec. (b). Pub. L. 102–240, § 1007(b)(2), in introduc- tory 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 trans- portation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System’’ for ‘‘upon the Fed- eral-aid systems’’. Pub. L. 102–143, § 333(c), repealed Pub. L. 101–516, § 333. See 1990 Amendment note below. Subsec. (b)(1). Pub. L. 102–240, § 1006(e), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘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 Fed- eral 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 deliv- ery and intercity mail routes where service is per- formed 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 popu- lation 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, § 1008(b), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘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 avail- able 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, § 1007(b)(1), which di- rected 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 re- pealed. See 1976 Amendment note below. Subsec. (b)(5)(A). Pub. L. 102–240, § 1001(c)–(e), sub- stituted ‘‘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 esti- mate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate con- struction funds, and lapses of previous apportionments of interstate construction funds, (ii) previous with- drawals of interstate segments, (iii) previous alloca- tions of interstate discretionary funds, and (iv) trans- fers of interstate construction funds’’ for ‘‘On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, when- ever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the appor- tionment required by this subparagraph using the Fed- eral share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportion- ments 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: ‘‘Notwith- standing 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 Page 53 TITLE 23—HIGHWAYS § 104 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, § 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, § 1006(f), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘(1) Subject to subsection (d), the amount appor- tioned in any fiscal year, commencing with the appor- tionment 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 sec- tion 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 appor- tioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this sec- tion 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 para- graph (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 sec- tion 150 of this title, without the approval of the local officials of such urbanized area.’’ Pub. L. 102–143, § 333(c), repealed Pub. L. 101–516, § 333. See 1990 Amendment note below. Subsec. (d). Pub. L. 102–240, § 1010, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘Each transfer of apportionments under sub- section (c) of this section shall be subject to the fol- lowing conditions: ‘‘(1) In the case of transfers under paragraph (1), the total of all transfers during any fiscal year to any ap- portionment 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 fis- cal 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 ap- portionment 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 fis- cal year shall be transferred to other apportionments. ‘‘(3) No transfer shall be made from an apportion- ment 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, § 1024(b)(1)–(3), sub- stituted ‘‘1 percent’’ for ‘‘one-half per centum’’, ‘‘pro- grams 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 author- ized 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, § 1024(b)(4), (c)(2), sub- stituted ‘‘120(j)’’ for ‘‘120’’ and struck out ‘‘designated by the State as being’’ after ‘‘organizations’’. Subsec. (f)(4). Pub. L. 102–240, § 1024(b)(5), inserted pro- visions 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, § 1024(b)(6), added par. (5). Subsec. (g). Pub. L. 102–240, § 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 sec- tion. Any transfer to subsection (b)(3) shall not be sub- ject to section 133(d).’’ Subsec. (h). Pub. L. 102–240, § 1003(e), as added by Pub. L. 105–130, § 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, § 333 [part], which added pars. (2) and (3) to read as follows: ‘‘(2) The Secretary shall withhold 10 per centum (in- cluding 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 para- graph 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 sched- uled session of the State’s legislature which begins after the date of enactment of this section a writ- ten certification stating that he is opposed to the enactment or enforcement in his State of a law de- scribed in subparagraph (A) relating to the revoca- tion, suspension, issuance, or reinstatement of driv- er’s licenses to convicted drug offenders; and ‘‘(ii) submits to the Secretary a written certifi- cation that the legislature (including both Houses where applicable) has adopted a resolution express- ing its opposition to a law described in clause (i).’’ was repealed by Pub. L. 102–143, § 333(c). See Construc- tion of 1990 Amendment note below and section 159(a)(2), (3) of this title. Subsec. (b). Pub. L. 101–516, § 333 [part], which amend- ed 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 fis- cal year for which such funds are authorized to be ap- propriated. ‘‘(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 sec- ond 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 Page 54 TITLE 23—HIGHWAYS § 104 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 appro- priated. ‘‘(B) No funds withheld under this section from appor- tionment 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 apportion- ment are to remain available for apportionment to a State under paragraph (1), the State meets the require- ments 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 with- held under subsection (a) that remain available for ap- portionment 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 suc- ceeding the fiscal year in which such funds are so ap- portioned. 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 Sec- retary for projects in accordance with section 118(b). ‘‘(4) If, at the end of the period for which funds with- held under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of sub- section (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 sec- tion 118(b).’’ was repealed by Pub. L. 102–143, § 333(c). See Construc- tion of 1990 Amendment note below and section 159(b) of this title. Subsec. (c). Pub. L. 101–516, § 333 [part], which amend- ed subsec. (c) generally to read as follows: ‘‘For pur- poses 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 high- ways. ‘‘(2) The term ‘drug offense’ means any criminal of- fense which proscribes— ‘‘(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or con- spiracy to possess, distribute, manufacture, cul- tivate, sell, or transfer any substance the posses- sion 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, § 333(c). See Construc- tion of 1990 Amendment note below and section 159(c) of this title. 1987—Subsec. (b). Pub. L. 100–17, § 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 provi- sions. Subsec. (b)(5)(A). Pub. L. 100–17, § 102(b)(1), inserted after ‘‘September 30, 1990.’’ the following: ‘‘The Sec- retary 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 pre- vious 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, § 102(b)(2), inserted at end ‘‘On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, when- ever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the appor- tionment required by this subparagraph using the Fed- eral share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportion- ments 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 sub- paragraph 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 fis- cal 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 ac- cordance 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 de- partment 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, § 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 pur- pose of transmitting it to the Congress within ten days subsequent to Jan. 2, 1983 or thereafter. Subsec. (b)(5)(B). Pub. L. 97–134, § 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 sec- tions 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 agree- ment 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 in- serted 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, § 108, inserted provision relating to deadline for inclusion of estimate. Subsec. (b)(5)(B). Pub. L. 95–599, § 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. Page 55 TITLE 23—HIGHWAYS § 104 Subsec. (d). Pub. L. 95–599, § 109, substituted ‘‘50’’ for ‘‘40’’ and ‘‘20’’ wherever appearing. Subsec. (h). Pub. L. 95–599, § 110, added subsec. (h). 1976—Subsec. (b). Pub. L. 94–280, § 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, § 112(b), inserted in in- troductory 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 certifi- cate 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, § 112(c), repealed provi- sions respecting apportionment of monies for exten- sions of the Federal-aid primary and Federal-aid sec- ondary 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, §§ 106(b), 107(b), 112(g), designated existing provisions as subpar. (A) and in- serted introductory phrase ‘‘Except as provided in sub- paragraph B—’’; substituted wherever appearing in in- troductory phrase and second and third sentences ‘‘1990’’ for ‘‘1979’’; substituted provision for apportion- ment for fiscal year ending September 30, 1977, for prior provision for fiscal year ending June 30, 1977, sub- stituted provision for apportionment for fiscal year ending September 30, 1978, in accordance with section 103 of Federal-Aid Highway Act of 1976, for prior provi- sion 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 apportion- ment for fiscal year ending September 30, 1980, and in- serted 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 Sep- tember 30, 1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and 1989 and 1990; and substituted in third sen- tence ‘‘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 au- thorized’’. Subsec. (b)(5)(B). Pub. L. 94–280, § 106(b), added subpar. (B). Subsec. (c). Pub. L. 94–280, § 113(a), designated existing provisions as par. (1), substituted ‘‘Subject to sub- section (d), the amount’’ for ‘‘Not more than 40 per cen- tum of the amount’’ and ‘‘transferred from the appor- tionment under one paragraph to the apportionment under the other paragraph’’ for ‘‘transferred from the apportionment under one paragraph to the apportion- ment 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 cen- tum.’’, 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, § 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 ap- portionments, now incorporated in subsec. (c)(2) of this section. Subsec. (e). Pub. L. 94–280, § 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 re- specting sums apportioned under subsec. (b)(5) of this section to each State highway department and amount of deductions for administration and research; and in- serted 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, § 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, § 112(f), authorized State use of apportioned funds to finance transportation planning outside of urbanized areas. Subsec. (g). Pub. L. 94–280, § 206, increased percentage limitation to ‘‘40 per centum’’ from ‘‘30 per centum’’; authorized approval by Secretary of transfer of appor- tionments when requested by the State highway de- partment and approved by the Secretary as being in the public interest; and provided for transfer of apportion- ments under section 203(c) and (d) of the Highway Safe- ty Act of 1973, to apportionments under section 219 of this title, and clarified the authority for apportion- ment of Highway Trust Fund funds. 1973—Subsec. (b)(1). Pub. L. 93–87, § 111(a)(1), (2), sub- stituted ‘‘intercity mail routes where service is per- formed 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, § 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, § 106(b), extended from 1976 to 1979, the date for completion of the Interstate System; and authorized the Secretary to use the Fed- eral share of the approved estimate in making appor- tionments 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, § 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, § 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, § 111(a)(6), substituted pro- visions 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 in- terest by the Governor of the State and the Secretary for former provisions which authorized expenditure of Page 56 TITLE 23—HIGHWAYS § 104 subsec. (b)(2) funds apportioned for Federal-aid sec- ondary system to a State for projects on another Fed- eral-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, § 112, incorporated provi- sions 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 commence- ment of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this sec- tion, 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, § 227, added subsec. (g). 1970—Subsec. (b)(5). Pub. L. 91–605, § 104(b), extended from 1974 to 1976 the date for completion of the Inter- state System, substituted ‘‘on April 20, 1970’’ for ‘‘with- in ten days subsequent to January 2, 1970’’ as the date for submission by the Secretary to Congress of a re- vised completion cost estimate of the Interstate Sys- tem, 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 Sec- retary to submit to Congress a revised Interstate Sys- tem completion cost estimate within 10 days from Jan. 2, 1972 with apportionments to be made by the Sec- retary 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, § 106(c)(2), added par. (6). Subsec. (f). Pub. L. 91–605, § 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 Sys- tem, 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 Sec- retary shall use the Federal share of the approved esti- mate in making apportionments. 1966—Subsec. (b)(5). Pub. L. 89–574 substituted ‘‘1972’’ for ‘‘1971’’ wherever appearing except in provision re- quiring 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 ap- proved estimates in making apportionments for the fis- cal year ending June 30, 1971, but extended the author- ity of the Secretary to use the Federal share of the ap- proved estimates in making apportionments for the fis- cal year ending June 30, 1972, as well. 1964—Subsec. (b)(5). Pub. L. 88–423 substituted ‘‘Janu- ary 2, 1961’’ for ‘‘January 2, 1962’’. 1963—Subsec. (b)(3). Pub. L. 88–157, § 2, struck out pro- vision which considered Connecticut and Vermont towns as municipalities for the purposes of par. (3) re- gardless of their incorporated status. Subsec. (b)(5). Pub L. 88–157, § 3, substituted ‘‘1971’’ for ‘‘1969’’ in introductory text and 3d sentence; inserted ‘‘For the fiscal years 1960 through 1966,’’ and sub- stituted ‘‘such State’’ for ‘‘each State’’ in 1st sentence; inserted 2d sentence respecting apportionment for fis- cal years 1967 through 1971; substituted in 9th sentence ‘‘January 2, 1965’’ for ‘‘January 2, 1966, and annually thereafter through and including January 2, 1968’’; sub- stituted in 10th sentence ‘‘Upon the approval of such estimate by the Congress’’ for ‘‘Upon approval of any such estimate by the Congress by concurrent resolu- tion’’ 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 Represent- atives’’ 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, apportion- ment 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 ‘‘pre- ceding calendar year’’ for ‘‘preceding fiscal year’’. 1960—Subsec. (b)(5). Pub L. 86–657 struck out provi- sions 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 in- cluded’’ after ‘‘total area of all States’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by sec- tion 1446(d)(5)(A) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–244, title I, § 101(i), June 6, 2008, 122 Stat. 1574, provided that the amendment made by section 101(i) is effective Oct. 1, 2007. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. 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 Page 57 TITLE 23—HIGHWAYS § 104 Pub. L. 105–206, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–240, title I, § 1100, Dec. 18, 1991, 105 Stat. 2026, provided that: ‘‘(a) GENERAL RULE.—This title [see Tables for classi- fication], 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 ap- portioned to a State under [former] 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, regula- tions, policies and procedures relating to the obliga- tion and expenditure of those funds in effect on Sep- tember 30, 1991. ‘‘(2) TRANSFERABILITY.— ‘‘(A) PRIMARY SYSTEM.—A State may transfer un- obligated balances of funds apportioned to the State for the Federal-aid primary system before Oc- tober 1, 1991, to the apportionment to such State under [former] 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 appor- tioned to the State for the Federal-aid secondary system or the Federal-aid urban system before Oc- tober 1, 1991, to the apportionment to such State under [former] section 104(b)(3) of such title. ‘‘(C) APPLICABILITY OF CERTAIN LAWS, REGULA- TIONS, POLICIES, AND PROCEDURES.—Funds trans- ferred under this paragraph shall be subject to the laws, regulations, policies, and procedures relating to the apportionment to which they are trans- ferred.’’ EFFECTIVE DATE OF 1976 AMENDMENT; APPLICABLE PROVISIONS DEPENDENT ON FISCAL FUND AUTHORIZA- TIONS Pub. L. 94–280, title I, § 113(b), May 5, 1976, 90 Stat. 435, 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 provi- sions of subsections (c) and (d) of [former] 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 Pub. L. 87–866, § 10(b), Oct. 23, 1962, 76 Stat. 1148, pro- vided 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 Pub. L. 102–143, title III, § 333(d), Oct. 28, 1991, 105 Stat. 947, 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.’’ TRANSPARENCY AND ACCOUNTABILITY Pub. L. 112–141, div. A, title I, § 1503(c), July 6, 2012, 126 Stat. 564, which directed the Secretary of Transpor- tation to compile and make available on the public website of the Department of Transportation the an- nual expenditure data for funds made available under this title and chapter 53 of Title 49, Transportation, and to annually submit a report to Congress containing a summary of such data, was repealed by Pub. L. 114–94, div. A, title I, § 1402(b), Dec. 4, 2015, 129 Stat. 1407. EVACUATION ROUTES Pub. L. 112–141, div. A, title I, § 1526, July 6, 2012, 126 Stat. 580, provided that: ‘‘Each State shall give ade- quate consideration to the needs of evacuation routes in the State, including such routes serving or adjacent to facilities operated by the Armed Forces, when allo- cating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways.’’ FEDERAL-AID HIGHWAYS APPROPRIATIONS Pub. L. 109–289, div. B, title II, § 21010, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 48, provided that: ‘‘Notwithstanding section 101 [42 U.S.C. 12651i note, 121 Stat. 8], the level for ‘Federal Highway Ad- ministration, Federal-Aid Highways (Limitation on Ob- ligations) (Highway Trust Fund)’ shall be $39,086,464,683.’’ [For definition of ‘‘level’’ as used in section 21010 of Pub. L. 109–289, set out above, see section 101(b) of Pub. L. 109–289, set out as a note under section 12651i of Title 42, The Public Health and Welfare.] ADJUSTMENTS FOR SURFACE TRANSPORTATION EXTENSION ACT OF 1997 Pub. L. 105–178, title I, § 1103(m), June 9, 1998, 112 Stat. 126, made certain reductions in State apportionments under Pub. L. 105–178 for fiscal year 1998 based on State apportionments under section 1003(d)(1) of Pub. L. 102–240. ADVANCES Pub. L. 109–59, title I, § 1936, Aug. 10, 2005, 119 Stat. 1510, provided that: ‘‘Notwithstanding any other provi- sion of law, funds apportioned to a State under [former] section 104(b) of title 23, United States Code, may be obligated to carry out a project designated in any of sections 1301, 1302, 1306, and 1934 of this Act [see Tables for classification] and [former] sections 117 and 144(g) of title 23, United States Code, in an amount not to ex- ceed the amount authorized for that project, only from a program under which the project would be eligible, except that any amounts obligated to carry out the project shall be restored from funds allocated for the project.’’ Pub. L. 108–310, § 2, Sept. 30, 2004, 118 Stat. 1144, as amended by Pub. L. 109–14, § 2(a)–(b)(2), (d), May 31, 2005, 119 Stat. 324; Pub. L. 109–20, § 2(a), (b)(1), (d), July 1, 2005, 119 Stat. 346; Pub. L. 109–35, § 2(a), (b)(1), (d), July 20, 2005, 119 Stat. 379; Pub. L. 109–37, § 2(a), (b)(1), (d), July 22, 2005, 119 Stat. 394; Pub. L. 109–40, § 2(a), (b)(1), (d), July 28, 2005, 119 Stat. 410; Pub. L. 109–42, § 2(b), July 30, 2005, 119 Stat. 435, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) APPORTIONMENT RATIO.—Except as provided in paragraph (2), the Secretary of Transportation shall apportion funds made available under section 1101(l) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 111; 118 Stat. 876 [118 Stat. 1145]), as amended by this Act, the Surface Transpor- tation Extension Act of 2005 [Pub. L. 109–14],,[sic] the Surface Transportation Extension Act of 2005, Part II Page 58 TITLE 23—HIGHWAYS § 104 [Pub. L. 109–20][,] the Surface Transportation Exten- sion Act of 2005, Part III [Pub. L. 109–35], the Surface Transportation Extension Act of 2005, Part IV [Pub. L. 109–37], and the Surface Transportation Extension Act of 2005, Part V [Pub. L. 109–40], to each State in the ratio that— ‘‘(A) the State’s total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program; bears to ‘‘(B) all States’ total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program. ‘‘(2) EXCEPTION.—The ratios determined under this subsection shall be subject to the same adjustments as the adjustments made under [former] section 105(f) of title 23, United States Code. ‘‘(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 High- way System program, the bridge program, the surface transportation program [now the surface transpor- tation block grant program], the congestion mitiga- tion and air quality improvement program, the rec- reational trails program, the Appalachian develop- ment highway system program, and the minimum guarantee. ‘‘(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 to the State for fiscal year 2004; bears to ‘‘(ii) the total of the amount of funds appor- tioned for the items to the State for fiscal year 2004. ‘‘(3) ADMINISTRATION OF FUNDS.—Funds authorized by section 1101(l) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178, 118 Stat. 1145] shall be administered as if the funds had been appor- tioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set-asides in the following sections of such title shall not apply to such funds: [former] sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). ‘‘(4) SPECIAL RULES FOR MINIMUM GUARANTEE.—In carrying out the minimum guarantee under [former] section 105(c) of title 23, United States Code, with funds apportioned under this section for the min- imum guarantee, the $2,800,000,000 set forth in para- graph (1) of such section 105(c) shall be treated as being $2,324,000,000 and the aggregate of amounts ap- portioned to the States under this section for the minimum guarantee shall be treated, for purposes of such section 105(c), as amounts made available under section 105 of such title. ‘‘(5) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.— [Amended section 144 of this title.] ‘‘(c) REPAYMENT FROM FUTURE APPORTIONMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall reduce the amount that would be apportioned, but for this sec- tion, to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 2005, under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [Sept. 30, 2004] by the amount that is apportioned to each State under subsection (a) and section 5(c) [118 Stat. 1150] for each such program. ‘‘(2) PROGRAM CATEGORY RECONCILIATION.—The Sec- retary may establish procedures under which funds apportioned under subsection (a) for a program cat- egory 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 1101 of Pub. L. 105–178, 112 Stat. 111.] ‘‘(e) LIMITATION ON OBLIGATIONS.— ‘‘(1) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub- ject to paragraph (2), for the period of October 1, 2004, through July 30, 2005, the Secretary shall distribute the obligation limitation made available for Federal- aid highways and highway safety construction pro- grams under the heading ‘federal-aid highways’ in title I of division H of the Consolidated Appropria- tions Act, 2005 [Pub. L. 108–447] (23 U.S.C. 104 note; 118 Stat. 3204), in accordance with section 110 of such title (23 U.S.C. 104 note; 118 Stat. 3209); except that the amount of obligation limitation to be distributed for such period for each program, project, and activ- ity specified in sections 110(a)(1), 110(a)(2), 110(a)(4), and 110(a)(5) of such title shall equal the greater of— ‘‘(A) the funding authorized for such program, project, or activity in this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], the Surface Transportation Extension Act of 2005 [Pub. L. 109–14],,[sic] the Surface Trans- portation Extension Act of 2005, Part II [Pub. L. 109–20][,] the Surface Transportation Extension Act of 2005, Part III [Pub. L. 109–35], the Surface Trans- portation Extension Act of 2005, Part IV [Pub. L. 109–37], and the Surface Transportation Extension Act of 2005, Part V [Pub. L. 109–40] (including any amendments made by this Act and such Act[s]); or ‘‘(B) 83 percent of the funding provided for or lim- itation set on such program, project, or activity in title I of division H of the Consolidated Appropria- tions Act, 2005 [Pub. L. 108–447, see Tables for classi- fication]. ‘‘(2) LIMITATION ON TOTAL AMOUNT OF AUTHORITY DIS- TRIBUTED.—The total amount of obligation limitation distributed under paragraph (1) for the period of Octo- ber 1, 2004, through July 30, 2005, shall not exceed $28,801,000,000; except that this limitation shall not apply to $530,370,000 in obligations for minimum guar- antee for such period. ‘‘(3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.—After August 14, 2005, no funds shall be obligated for any Federal-aid highway program project until the date of enactment of a law reauthorizing the Federal-aid highway program. ‘‘(4) TREATMENT OF OBLIGATIONS.—Any obligation of obligation authority distributed under this sub- section shall be considered to be an obligation for Federal-aid highways and highway safety construc- tion programs for fiscal year 2005 for the purposes of the matter under the heading ‘federal-aid highways’ in title I of division H of the Consolidated Appropria- tions Act, 2005 [Pub. L. 108–447] (23 U.S.C. 104 note; 118 Stat. 3204).’’ Pub. L. 108–88, § 2, Sept. 30, 2003, 117 Stat. 1110, as amended by Pub. L. 108–202, § 2(a), (b)(1), (2), (d), Feb. 29, 2004, 118 Stat. 478; Pub. L. 108–224, § 2(a), (b)(1), (d), Apr. 30, 2004, 118 Stat. 627; Pub. L. 108–263, § 2(a), (b)(1), (d), June 30, 2004, 118 Stat. 698; Pub. L. 108–280, §§ 2(a), (b)(1), (d), 3, July 30, 2004, 118 Stat. 876, 877; Pub. L. 108–310, § 12(a), (c), (e)(1), Sept. 30, 2004, 118 Stat. 1161, 1162, pro- vided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation shall apportion funds made available under section 1101(c) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 116), as amended by this Act [117 Stat. 1111], the Surface Transportation Ex- tension Act of 2004 [Pub. L. 108–202], the Surface Trans- portation Extension Act of 2004, Part II [Pub. L. 108–224], the Surface Transportation Extension Act of 2004, Part III [Pub. L. 108–263], the Surface Transpor- tation Extension Act of 2004, Part IV [Pub. L. 108–280], and the Surface Transportation Extension Act of 2004, Part V [Pub. L. 108–310], to each State in the ratio that— ‘‘(1) the State’s total fiscal year 2003 obligation au- thority for funds apportioned for the Federal-aid highway program; bears to ‘‘(2) all States’ total fiscal year 2003 obligation au- thority for funds apportioned for the Federal-aid highway program. Page 59 TITLE 23—HIGHWAYS § 104 ‘‘(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 High- way System program, the bridge program, the surface transportation program [now the surface transpor- tation block grant program], the congestion mitiga- tion and air quality improvement program, the rec- reational trails program, the Appalachian develop- ment highway system program, and the minimum guarantee. ‘‘(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 to the State for fiscal year 2003; bears to ‘‘(ii) the total of the amount of funds appor- tioned for the items to the State for fiscal year 2003. ‘‘(3) ADMINISTRATION OF FUNDS.—Funds authorized by section 1101(c) of the Transportation Equity Act for the 21st Century shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set- asides in the following sections of such title shall not apply to such funds: [former] sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). ‘‘(4) SPECIAL RULES FOR MINIMUM GUARANTEE.—In carrying out the minimum guarantee under [former] section 105(c) of title 23, United States Code, with funds apportioned under this section for the min- imum guarantee, the $2,800,000,000 set forth in para- graph (1) of such section 105(c) shall be treated as being $2,800,000,000 and the aggregate of amounts ap- portioned to the States under this section for the minimum guarantee shall be treated, for purposes of such section 105(c), as amounts made available under section 105 of such title. ‘‘(5) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.— [Amended section 144 of this title.] ‘‘[(c) Repealed. Pub. L. 108–310, § 12(e)(1), Sept. 30, 2004, 118 Stat. 1162.] ‘‘(d) AUTHORIZATION OF CONTRACT AUTHORITY.— [Amended section 1101 of Pub. L. 105–178, 112 Stat. 111.] ‘‘(e) LIMITATION ON OBLIGATIONS.— ‘‘(1) DISTRIBUTION OF OBLIGATION AUTHORITY.—For the fiscal year 2004, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading ‘Federal-aid highways’ in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199; 118 Stat. 291 [290]; 118 Stat. 1013), in accord- ance with section 110 of such Act [23 U.S.C. 104 note]. ‘‘(2) CALCULATION OF RATIO.—For purposes of the calculation of the ratio under section 110(a)(3) of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199; 118 Stat. 291; 23 U.S.C. 104 note)— ‘‘(A) the obligation limitation for Federal-aid Highways referred to in section 110(a)(3)(A) of such Act shall be deemed to be the obligation limitation for Federal-aid highways and highway safety con- struction programs for fiscal year 2004 identified under the heading ‘FEDERAL-AID HIGHWAYS’ in such Act (118 Stat. 290); and ‘‘(B) the total of sums authorized to be appro- priated for Federal-aid highways and highway safe- ty construction programs (other than sums author- ized to be appropriated for sections set forth in paragraphs (1) through (7) of section 110(b) of such Act and sums authorized to be appropriated for [former] section 105 of title 23, United States Code, equal to the amount referred to in subsection 110(b)(8) of such Act) for such fiscal year, referred to in section 110(a)(3)(B) of such Act, shall be deemed to be $34,606,000,000, less the aggregate of the amounts not distributed under section 110(a)(1) of such Act.’’ Pub. L. 105–130, § 2, Dec. 1, 1997, 111 Stat. 2552, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation (referred to in this Act as the ‘Secretary’) shall appor- tion 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 au- thority for funds apportioned for the Federal-aid highway program; bears to ‘‘(2) all States’ total fiscal year 1997 obligation au- thority 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 High- way System, the bridge program, the surface trans- portation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, minimum alloca- tion under [former] section 157 of title 23, United States Code, Interstate reimbursement under [former] 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, formerly set out as a note under sec- tion 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], sec- tion 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 Ta- bles for classification], and funding restoration under section 202 of the National Highway System Designa- tion 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 Ef- ficiency Act of 1991 (105 Stat. 2027), to the State for fiscal year 1997; bears to ‘‘(ii) the total of the amount of funds appor- tioned 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 Transpor- tation Efficiency Act of 1991 shall be available to the State for projects eligible for assistance under chap- ter 1 of title 23, United States Code. ‘‘(4) ADMINISTRATION.—Funds authorized by the amendment made by subsection (d) shall be adminis- tered as if they had been apportioned, allocated, de- ducted, or set aside, as the case may be, under title 23, United States Code; except that the deduction under [former] section 104(a) of title 23, United States Code, the set-asides under [former] section 104(b)(1) of that title for the territories and under section [former] 104(f)(1) of that title for metropolitan plan- ning, and the expenditure required under section [former] 104(d)(1) of that title shall not apply to those funds. ‘‘(c) REPAYMENT FROM FUTURE APPORTIONMENTS.— Page 60 TITLE 23—HIGHWAYS § 104 ‘‘(1) IN GENERAL.—The Secretary shall reduce the amount that would, but for this section, be appor- tioned 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 Sec- retary may establish procedures under which funds apportioned under subsection (a) for a program cat- egory 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 Pub. L. 102–240, title I, § 1003, Dec. 18, 1991, 105 Stat. 1918.] ‘‘(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 De- partment of Transportation and Related Agencies Ap- propriations 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 Octo- ber 1, 1997, of Federal-aid highway apportion- ments 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 alloca- tions under paragraph (1) shall not exceed $9,786,275,000. ‘‘(3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (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 high- way program or July 1, 1998. ‘‘(B) REOBLIGATION.—Subparagraph (A) shall not preclude the reobligation of previously obligated funds. ‘‘(C) DISTRIBUTION OF REMAINING OBLIGATION AU- THORITY.—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 construc- tion programs by allocation in accordance with sec- tion 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 author- ity 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 construc- tion programs for fiscal year 1998 for the purposes of the matter under the heading ‘(LIMITATION ON OBLIGA- TIONS)’ under the heading ‘FEDERAL-AID HIGHWAYS’ in title I of the Department of Transportation and Re- lated Agencies Appropriations Act, 1998 (Public Law 105–66 [111 Stat. 1431]).’’ EFFECT OF LIMITATION ON APPORTIONMENT Pub. L. 104–59, title III, § 319(c), Nov. 28, 1995, 109 Stat. 589, provided that: ‘‘Notwithstanding any other provi- sion 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, formerly set out below].’’ COMPLETION OF INTERSTATE SYSTEM Pub. L. 102–240, title I, § 1001(a), Dec. 18, 1991, 105 Stat. 1915, provided that: ‘‘Congress declares that the author- izations of appropriations and apportionments for con- struction of the Dwight D. Eisenhower National Sys- tem of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense High- ways] made by this section (including the amendments made by this section [amending this section and sec- tion 101 of this title]) are the final authorizations of ap- propriations and apportionments for completion of con- struction of such System.’’ APPORTIONMENT ADJUSTMENTS Pub. L. 102–240, title I, § 1015, Dec. 18, 1991, 105 Stat. 1943, provided for adjustments to surface transpor- tation program funds apportioned to each State for fis- cal years 1992 to 1997, with certain conditions and addi- tional allocations, and authorized appropriations. ALLOCATION FORMULA STUDY Pub. L. 102–240, title I, § 1098, Dec. 18, 1991, 105 Stat. 2025, as amended by Pub. L. 104–59, title III, § 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 Fed- eral-aid highway funds that best directs highway funds to places of greatest need for highway maintenance and enhancement based on extent of these highway sys- tems, their present use, and increases in their use, with results of study to be presented to Congress on or be- fore Jan. 1, 1994, and to be considered by Congress in the 1996 reauthorization of surface transportation pro- gram. STUDY ON IMPACT OF CLIMATIC CONDITIONS Pub. L. 102–240, title I, §§ 1101–1102, Dec. 18, 1991, 105 Stat. 2027, directed Secretary of Transportation to con- duct a study of effects of climatic conditions on costs of highway construction and maintenance and to trans- mit 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, § 1501(d), Nov. 10, 1998, 112 Stat. 3294. WITHHOLDING OF FIVE PER CENTUM OF FUNDS FOR STATES FAILING TO MEET REQUIREMENTS Pub. L. 101–516, title III, § 333, Nov. 5, 1990, 104 Stat. 2184, which provided in part that for each fiscal year di- rected 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 former section 104(b) of this title on the first day of each fiscal year which begins after the second full cal- endar year following Nov. 5, 1990, if State does not meet the requirements of paragraph (3) on such date, was re- pealed by Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947. REDUCTION IN AMOUNT STATES FAILING TO AUTHORIZE TAX-BASED SOURCES OF REVENUE MAY OBLIGATE Pub. L. 101–516, title III, § 341, Nov. 5, 1990, 104 Stat. 2189, as amended by Pub. L. 102–240, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that States not au- thorizing tax-based sources of revenue to pay the non- Federal share for certain mass transportation projects by Oct. 1, 1991, would have a 25 percent reduction in amounts available for obligation for Federal-aid high- ways and highway safety construction programs for the period from Jan. 1, 1992, through Dec. 31, 1992. Pub. L. 102–27, title IV, § 404(b), Apr. 10, 1991, 105 Stat. 155, provided that: ‘‘The Secretary of Transportation Page 61 TITLE 23—HIGHWAYS § 104 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, § 329, Nov. 5, 1990, 104 Stat. 2183, which was re- pealed by Pub. L. 102–27, title IV, § 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 PRO- GRAMS Pub. L. 100–17, title I, § 136, Apr. 2, 1987, 101 Stat. 174, provided that: ‘‘In implementing any order issued by the President which provides for or requires a percent- age reduction in new budget authority, unobligated balances, obligated balances, new loan guarantee com- mitments, new direct loan obligations, spending au- thority, 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, § 108(a)–(e), Jan. 6, 1983, 96 Stat. 2103, as amended by Pub. L. 100–17, title I, §§ 107, 133(a)(1), Apr. 2, 1987, 101 Stat. 146, 170, set forth an al- ternate apportionment formula for amounts authorized for fiscal years 1983 to 1991 for the Federal-aid primary system. MATCHING FUND WAIVER FOR PERIOD JANUARY 6, 1983, THROUGH SEPTEMBER 30, 1984 Pub. L. 97–424, title I, § 145, Jan. 6, 1983, 96 Stat. 2130, provided that the Federal share of certain qualifying projects approved by the Secretary of Transportation under sections 106(a) and 117 of this title between Jan. 6, 1983, and Sept. 30, 1984, would be up to and including 100 percent of the construction cost as requested by the State highway department. FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CON- STRUCTION PROGRAMS; MAXIMUM LIMITS ON TOTAL OBLIGATIONS; EXCEPTIONS; STATE ALLOCATIONS Pub. L. 117–58, div. A, title I, § 11102, Nov. 15, 2021, 135 Stat. 450, provided that: ‘‘(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the ob- ligations for Federal-aid highway and highway safety construction programs shall not exceed— ‘‘(1) $57,473,430,072 for fiscal year 2022; ‘‘(2) $58,764,510,674 for fiscal year 2023; ‘‘(3) $60,095,782,888 for fiscal year 2024; ‘‘(4) $61,314,170,545 for fiscal year 2025; and ‘‘(5) $62,657,105,821 for fiscal year 2026. ‘‘(b) EXCEPTIONS.—The limitations under subsection (a) shall not apply to obligations under or for— ‘‘(1) section 125 of title 23, United States Code; ‘‘(2) section 147 of the Surface Transportation As- sistance Act of 1978 [Pub. L. 95–599] ([former] 23 U.S.C. 144 note; 92 Stat. 2714); ‘‘(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); ‘‘(4) subsections (b) and (j) of section 131 of the Sur- face Transportation Assistance Act of 1982 (96 Stat. 2119); ‘‘(5) subsections (b) and (c) of section 149 of the Sur- face Transportation and Uniform Relocation Assist- ance Act of 1987 (101 Stat. 198); ‘‘(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); ‘‘(7) section 157 of title 23, United States Code (as in effect on June 8, 1998); ‘‘(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); ‘‘(9) Federal-aid highway programs for which obli- gation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) [Pub. L. 105–178, see Tables for classifica- tion] or subsequent Acts for multiple years or to re- main available until expended, but only to the extent that the obligation authority has not lapsed or been used; ‘‘(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); ‘‘(11) section 1603 of SAFETEA–LU [Pub. L. 109–59] (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; ‘‘(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); ‘‘(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and ‘‘(14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). ‘‘(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal years 2022 through 2026, the Secretary [of Transportation]— ‘‘(1) shall not distribute obligation authority pro- vided by subsection (a) for the fiscal year for— ‘‘(A) amounts authorized for administrative ex- penses and programs by section 104(a) of title 23, United States Code; and ‘‘(B) amounts authorized for the Bureau of Trans- portation Statistics; ‘‘(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— ‘‘(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construc- tion programs for previous fiscal years the funds for which are allocated by the Secretary (or appor- tioned by the Secretary under section 202 or 204 of title 23, United States Code); and ‘‘(B) for which obligation authority was provided in a previous fiscal year; ‘‘(3) shall determine the proportion that— ‘‘(A) the obligation authority provided by sub- section (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to ‘‘(B) the total of the sums authorized to be appro- priated for the Federal-aid highway and highway safety construction programs (other than sums au- thorized to be appropriated for provisions of law de- scribed in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for sec- tion 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fis- cal year), less the aggregate of the amounts not dis- tributed under paragraphs (1) and (2) of this sub- section; ‘‘(4) shall distribute the obligation authority pro- vided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which para- Page 62 TITLE 23—HIGHWAYS § 104 graph (1) applies) that are allocated by the Secretary under this division [see Tables for classification] and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying— ‘‘(A) the proportion determined under paragraph (3); by ‘‘(B) the amounts authorized to be appropriated for each such program for the fiscal year; and ‘‘(5) shall distribute the obligation authority pro- vided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal- aid highway and highway safety construction pro- grams that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— ‘‘(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to ‘‘(B) the total of the amounts authorized to be ap- propriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. ‘‘(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHOR- ITY.—Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026— ‘‘(1) revise a distribution of the obligation author- ity made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and ‘‘(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those pre- viously distributed during that fiscal year, giving pri- ority to those States having large unobligated bal- ances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405) [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title]) and 104 of title 23, United States Code. ‘‘(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. ‘‘(2) EXCEPTION.—Obligation authority made avail- able under paragraph (1) shall— ‘‘(A) remain available for a period of 4 fiscal years; and ‘‘(B) be in addition to the amount of any limita- tion imposed on obligations for Federal-aid high- way and highway safety construction programs for future fiscal years. ‘‘(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— ‘‘(A) are authorized to be appropriated for the fis- cal year for Federal-aid highway programs; and ‘‘(B) the Secretary determines will not be allo- cated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obliga- tion, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. ‘‘(2) RATIO.—Funds shall be distributed under para- graph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). ‘‘(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.’’ Similar provisions for prior fiscal years were con- tained in the following acts: Pub. L. 114–94, div. A, title I, § 1102, Dec. 4, 2015, 129 Stat. 1326. Pub. L. 112–141, div. A, title I, § 1102, July 6, 2012, 126 Stat. 416, as amended by Pub. L. 113–159, title I, § 1001(c)(3), Aug. 8, 2014, 128 Stat. 1841; Pub. L. 114–21, title I, § 1001(c)(2), May 29, 2015, 129 Stat. 219; Pub. L. 114–41, title I, § 1001(c)(2), July 31, 2015, 129 Stat. 445; Pub. L. 114–73, title I, § 1001(c)(2), Oct. 29, 2015, 129 Stat. 569; Pub. L. 114–87, title I, § 1001(c)(2), Nov. 20, 2015, 129 Stat. 678. Pub. L. 109–59, title I, § 1102, Aug. 10, 2005, 119 Stat. 1157, as amended by Pub. L. 110–244, title I, § 101(b), June 6, 2008, 122 Stat. 1573. Pub. L. 105–178, title I, § 1102, June 9, 1998, 112 Stat. 115, as amended by Pub. L. 105–206, title IX, § 9002(b), July 22, 1998, 112 Stat. 834; Pub. L. 106–159, title I, § 103(b)(2), Dec. 9, 1999, 113 Stat. 1753. Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 315, provided in part: ‘‘Funds available for the imple- mentation or execution of authorized Federal-aid high- way and highway safety construction programs shall not exceed total obligations of $60,095,782,888 for fiscal year 2024’’. Similar provisions for prior fiscal years were con- tained in the following acts: Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5109. Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 698. Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1835. Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2945. Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 407. Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 982. Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 735. Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2844. Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2705. Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 583. Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 650. Pub. L. 118–42, div. F, title I, § 120, Mar. 9, 2024, 138 Stat. 319, provided that: ‘‘(a) For fiscal year 2024, the Secretary of Transpor- tation shall— ‘‘(1) not distribute from the obligation limitation for Federal-aid highways— ‘‘(A) amounts authorized for administrative ex- penses and programs by section 104(a) of title 23, United States Code; and ‘‘(B) amounts authorized for the Bureau of Trans- portation Statistics; ‘‘(2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— ‘‘(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construc- tion programs for previous fiscal years the funds for which are allocated by the Secretary (or appor- tioned by the Secretary under section 202 or 204 of title 23, United States Code); and ‘‘(B) for which obligation limitation was provided in a previous fiscal year; ‘‘(3) determine the proportion that— ‘‘(A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not dis- tributed under paragraphs (1) and (2) of this sub- section; bears to Page 63 TITLE 23—HIGHWAYS § 104 ‘‘(B) the total of the sums authorized to be appro- priated for the Federal-aid highway and highway safety construction programs (other than sums au- thorized to be appropriated for provisions of law de- scribed in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for sec- tion 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fis- cal year), less the aggregate of the amounts not dis- tributed under paragraphs (1) and (2) of this sub- section; ‘‘(4) distribute the obligation limitation for Fed- eral-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which para- graph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying— ‘‘(A) the proportion determined under paragraph (3); by ‘‘(B) the amounts authorized to be appropriated for each such program for such fiscal year; and ‘‘(5) distribute the obligation limitation for Fed- eral-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal- aid highway and highway safety construction pro- grams that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— ‘‘(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to ‘‘(B) the total of the amounts authorized to be ap- propriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. ‘‘(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation limitation for Federal-aid highways shall not apply to obligations under or for— ‘‘(1) section 125 of title 23, United States Code; ‘‘(2) section 147 of the Surface Transportation As- sistance Act of 1978 [Pub. L. 95–599] ([former] 23 U.S.C. 144 note; 92 Stat. 2714); ‘‘(3) section 9 of the Federal-Aid Highway Act of 1981 [Pub. L. 97–134] (95 Stat. 1701); ‘‘(4) subsections (b) and (j) of section 131 of the Sur- face Transportation Assistance Act of 1982 [Pub. L. 97–424] (96 Stat. 2119); ‘‘(5) subsections (b) and (c) of section 149 of the Sur- face Transportation and Uniform Relocation Assist- ance Act of 1987 [Pub. L. 100–17] (101 Stat. 198); ‘‘(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, see Tables for classification] (105 Stat. 2027); ‘‘(7) section 157 of title 23, United States Code (as in effect on June 8, 1998); ‘‘(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); ‘‘(9) Federal-aid highway programs for which obli- gation authority was made available under the Transportation Equity Act for the 21st Century [Pub. L. 105–178, see Tables for classification] (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; ‘‘(10) [former] section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); ‘‘(11) section 1603 of SAFETEA–LU [Pub. L. 109–59] (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and ‘‘(12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2024, only in an amount equal to $639,000,000). ‘‘(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHOR- ITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— ‘‘(1) revise a distribution of the obligation limita- tion made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and ‘‘(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those pre- viously distributed during that fiscal year, giving pri- ority to those States having large unobligated bal- ances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Pub- lic Law 112–141 [July 6, 2012]) and 104 of title 23, United States Code. ‘‘(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the obligation limitation for Federal-aid high- ways shall apply to contract authority for transpor- tation research programs carried out under— ‘‘(A) chapter 5 of title 23, United States Code; ‘‘(B) title VI of the Fixing America’s Surface Transportation Act [title VI of Pub. L. 114–94, see Tables for classification]; and ‘‘(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58). ‘‘(2) EXCEPTION.—Obligation authority made avail- able under paragraph (1) shall— ‘‘(A) remain available for a period of 4 fiscal years; and ‘‘(B) be in addition to the amount of any limita- tion imposed on obligations for Federal-aid high- way and highway safety construction programs for future fiscal years. ‘‘(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— ‘‘(A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and ‘‘(B) the Secretary determines will not be allo- cated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obliga- tion, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. ‘‘(2) RATIO.—Funds shall be distributed under para- graph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). ‘‘(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.’’ Similar provisions for prior fiscal years were con- tained in the following acts: Pub. L. 117–328, div. L, title I, § 120, Dec. 29, 2022, 136 Stat. 5114. Pub. L. 117–103, div. L, title I, § 120, Mar. 15, 2022, 136 Stat. 701. Pub. L. 116–260, div. L, title I, § 120, Dec. 27, 2020, 134 Stat. 1839. Pub. L. 116–94, div. H, title I, § 120, Dec. 20, 2019, 133 Stat. 2948. Pub. L. 116–6, div. G, title I, § 120, Feb. 15, 2019, 133 Stat. 409. Pub. L. 115–141, div. L, title I, § 120, Mar. 23, 2018, 132 Stat. 984. Page 64 TITLE 23—HIGHWAYS § 104 Pub. L. 115–31, div. K, title I, § 120, May 5, 2017, 131 Stat. 736. Pub. L. 114–113, div. L, title I, § 120, Dec. 18, 2015, 129 Stat. 2844. Pub. L. 113–235, div. K, title I, § 120, Dec. 16, 2014, 128 Stat. 2705. Pub. L. 113–76, div. L, title I, § 120, Jan. 17, 2014, 128 Stat. 583. Pub. L. 112–55, div. C, title I, § 120, Nov. 18, 2011, 125 Stat. 651. Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3044. Pub. L. 111–117, div. A, title I, § 120, Dec. 16, 2009, 123 Stat. 3045. Pub. L. 111–8, div. I, title I, Mar. 11, 2009, 123 Stat. 923. Pub. L. 111–8, div. I, title I, § 120, Mar. 11, 2009, 123 Stat. 924. Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat. 2383. Pub. L. 110–161, div. K, title I, § 120, Dec. 26, 2007, 121 Stat. 2385. Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2402. Pub. L. 109–115, div. A, title I, § 110, Nov. 30, 2005, 119 Stat. 2403. Pub. L. 108–447, div. H, title I, Dec. 8, 2004, 118 Stat. 3204. Pub. L. 108–447, div. H, title I, § 110, Dec. 8, 2004, 118 Stat. 3209. Pub. L. 108–199, div. F, title I, Jan. 23, 2004, 118 Stat. 285. Pub. L. 108–199, div. F, title I, § 110, Jan. 23, 2004, 118 Stat. 290, as amended by Pub. L. 108–202, § 8(b), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–287, title X, § 14003(a) Aug. 5, 2004, 118 Stat. 1013. Pub. L. 108–7, div. I, title I, title III, § 310, Feb. 20, 2003, 117 Stat. 393, 407. Pub. L. 107–87, title I, title III, § 310, Dec. 18, 2001, 115 Stat. 841, 855. Pub. L. 106–346, § 101(a) [title I, title III, § 310], Oct. 23, 2000, 114 Stat. 1356, 1356A–7, 1356A–24. Pub. L. 106–69, title I, title III, § 310, Oct. 9, 1999, 113 Stat. 994, 1016. Pub. L. 105–277, div. A, § 101(g) [title I, title III, § 310], Oct. 21, 1998, 112 Stat. 2681–439, 2681–446, 2681–465. Pub. L. 105–66, title I, title III, § 310, Oct. 27, 1997, 111 Stat. 1431, 1442. Pub. L. 104–205, title I, title III, § 310, Sept. 30, 1996, 110 Stat. 2958, 2969. Pub. L. 104–50, title I, title III, § 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, § 310, Sept. 30, 1994, 108 Stat. 2489, as amended by Pub. L. 104–59, title III, § 338(c)(3), Nov. 28, 1995, 109 Stat. 605. Pub. L. 103–122, title I, title III, § 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, § 310, Oct. 6, 1992, 106 Stat. 1528, 1544. Pub. L. 102–240, title I, § 1002(a)–(g), Dec. 18, 1991, 105 Stat. 1916–1918. Pub. L. 102–143, title I, title III, § 310, Oct. 28, 1991, 105 Stat. 925, 940. Pub. L. 101–516, title I, title III, § 310, Nov. 5, 1990, 104 Stat. 2163, 2179. Pub. L. 101–164, title I, title III, § 310, Nov. 21, 1989, 103 Stat. 1077, 1092. Pub. L. 100–457, title I, title III, § 310, Sept. 30, 1988, 102 Stat. 2132, 2146. Pub. L. 100–202, § 101(l) [title I, title III, § 310], Dec. 22, 1987, 101 Stat. 1329–358, 1329–365, 1329–378. Pub. L. 100–17, title I, § 105(a)–(g), Apr. 2, 1987, 101 Stat. 142–144. Pub. L. 99–500, § 101(l) [H.R. 5205, title I, title III, § 313(a)–(d)], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I, title III, § 313(a)–(d)], Oct. 30, 1986, 100 Stat. 3341–308. Pub. L. 99–272, title IV, § 4102(a)–(e), Apr. 7, 1986, 100 Stat. 112, 113. Pub. L. 99–190, § 101(e) [title I, title III, § 313], Dec. 19, 1985, 99 Stat. 1267, 1275, 1285. Pub. L. 98–473, title I, § 101(i) [title I, title III, § 315], Oct. 12, 1984, 98 Stat. 1944, 1951, 1962. Pub. L. 98–78, title I, title III, § 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, § 104(a)–(d), Jan. 6, 1983, 96 Stat. 2098. Pub. L. 97–134, § 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, § 1106, Aug. 13, 1981, 95 Stat. 624, as amended by Pub. L. 97–424, title I, § 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 Transpor- tation of the House of Representatives were contained in the following acts: Pub. L. 102–240, title I, § 1001(b), Dec. 18, 1991, 105 Stat. 1915. Pub. L. 100–17, title I, § 102(a), Apr. 2, 1987, 101 Stat. 135. Pub. L. 99–104, § 1, Sept. 30, 1985, 99 Stat. 474. Pub. L. 99–4, § 1, Mar. 13, 1985, 99 Stat. 6. Pub. L. 98–229, § 1, Mar. 9, 1984, 98 Stat. 55. Pub. L. 97–327, § 3, Oct. 15, 1982, 96 Stat. 1611. Pub. L. 97–134, § 2, Dec. 29, 1981, 95 Stat. 1699. Pub. L. 96–144, § 1, Dec. 13, 1979, 93 Stat. 1084. Pub. L. 95–599, title I, § 103, Nov. 6, 1978, 92 Stat. 2689. Pub. L. 94–280, title I, § 103, May 5, 1976, 90 Stat. 426. Pub. L. 93–87, title I, § 103, Aug. 13, 1973, 87 Stat. 250. Pub. L. 91–605, title I, § 103, Dec. 31, 1970, 84 Stat. 1714. Pub. L. 90–495, § 3, Aug. 23, 1968, 82 Stat. 815. Pub. L. 89–574, § 3, Sept. 13, 1966, 80 Stat. 766. Pub. L. 89–139, § 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 former section 104(b)(5)(A) of this title, and authorizing States to expend amounts available under these provi- sions which are in excess of the estimated cost of com- pleting and of necessary resurfacing, restoring, reha- bilitating, and reconstruction of the State’s portion of the Interstate System for the purposes for which funds apportioned under former section 104(b)(1), (2), and (6) of this title may be expended or for carrying out sec- tion 152 of this title were contained in the following acts: Pub. L. 100–17, title I, § 102(c), Apr. 2, 1987, 101 Stat. 135, as amended by Pub. L. 102–240, title I, § 1001(h), Dec. 18, 1991, 105 Stat. 1916. Pub. L. 97–424, title I, § 103(a), Jan. 6, 1983, 96 Stat. 2097. Pub. L. 97–327, § 4(b), Oct. 15, 1982, 96 Stat. 1612; re- pealed Pub. L. 97–424, title I, § 103(b), Jan. 6, 1983, 96 Stat. 2098. Pub. L. 95–599, title I, § 104(b)(1), Nov. 6, 1978, 92 Stat. 2691. Pub. L. 94–280, title I, § 105(b)(1), May 5, 1976, 90 Stat. 428. Pub. L. 93–87, title I, § 104(b), Aug. 13, 1973, 87 Stat. 252. Pub. L. 91–605, title I, § 105(b), Dec. 31, 1970, 84 Stat. 1716. PUBLIC BOAT LAUNCHING AREAS; ACCESS RAMPS Pub. L. 94–280, title I, § 147, May 5, 1976, 90 Stat. 446, provided that: ‘‘Funds apportioned to States under Page 65 TITLE 23—HIGHWAYS § 106 [former] 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 accord- ance 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, § 3, June 4, 1975, 89 Stat. 171, sanctioned the use of any money apportioned under former 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; ADDI- TIONAL APPROPRIATIONS FOR FISCAL YEARS ENDING JUNE 30, 1974, 1975, AND 1976 Pub. L. 93–87, title I, § 111(b), Aug. 13, 1973, 87 Stat. 257, provided that no State (other than the District of Co- lumbia) would receive an apportionment for the pri- mary system less than the apportionment the State re- ceived for the fiscal year ending June 30, 1973, and made additional appropriations for the Federal-aid primary system. SECTION 102(a) OF THE FEDERAL-AID HIGHWAY ACT OF 1956 Act June 29, 1956, ch. 462, title I, § 102(a), 70 Stat. 374, authorized, for the purpose of carrying out the provi- sions of the Federal-Aid Road Act approved July 11, 1916, additional appropriations of $125,000,000 for the fis- cal 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 percent- age 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, § 102, June 29, 1961, 75 Stat. 122, approved the estimate of cost of completing the Inter- state System in each State, transmitted to the Con- gress on Jan. 11, 1961, as the basis for making the ap- portionment 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, § 8, Apr. 16, 1958, 72 Stat. 94, as amend- ed by Pub. L. 85–899, § 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L. 86–342, title I, § 103, Sept. 21, 1959, 73 Stat. 611, ap- proved the estimate of cost of completing the Inter- state System in each State, transmitted to the Con- gress on Jan. 7, 1958, as the basis for making the appor- tionment 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, § 108(d), 70 Stat. 379, as amended by act Sept. 2, 1958, Pub. L. 85–899, § 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 Com- merce, in cooperation with State highway departments, to make detailed revised estimates of the cost of com- pletion of the system and to supply Congress with such revised estimate. [§ 105. Repealed. Pub. L. 117–58, div. A, title I, § 11501(a), Nov. 15, 2021, 135 Stat. 578] Section, added Pub. L. 114–94, div. A, title I, § 1403(a), Dec. 4, 2015, 129 Stat. 1407, related to availability of ad- ditional amounts of contract authority based on addi- tional deposits into the Highway Trust Fund. A prior section 105, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 891; Pub. L. 86–624, § 17(b), July 12, 1960, 74 Stat. 415; Pub. L. 89–564, title II, § 206, Sept. 9, 1966, 80 Stat. 736; Pub. L. 91–605, title I, §§ 106(d), 132, Dec. 31, 1970, 84 Stat. 1717, 1732; Pub. L. 93–87, title I, § 109(b), Aug. 13, 1973, 87 Stat. 255; Pub. L. 95–599, title I, §§ 111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L. 97–424, title I, § 109(a), Jan. 6, 1983, 96 Stat. 2104; Pub. L. 102–240, title I, § 1105(g)(7), Dec. 18, 1991, 105 Stat. 2036; Pub. L. 105–178, title I, § 1104(a), (c), June 9, 1998, 112 Stat. 127; Pub. L. 105–206, title IX, § 9002(d), July 22, 1998, 112 Stat. 835; Pub. L. 109–59, title I, § 1104(a), Aug. 10, 2005, 119 Stat. 1163; Pub. L. 110–244, title I, § 101(m)(3)(B), June 6, 2008, 122 Stat. 1576, related to the equity bonus program, prior to re- peal by Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of this title. § 106. Project approval and oversight (a) IN GENERAL.— (1) SUBMISSION OF PLANS, SPECIFICATIONS, AND ESTIMATES.—Except as otherwise provided in this section, each State transportation de- partment shall submit to the Secretary for ap- proval such plans, specifications, and esti- mates for each proposed project as the Sec- retary may require. (2) PROJECT AGREEMENT.—The Secretary shall act on the plans, specifications, and esti- mates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transpor- tation department recipient formalizing the conditions of the project approval. (3) CONTRACTUAL OBLIGATION.—The execution of the project agreement shall be deemed a contractual obligation of the Federal Govern- ment for the payment of the Federal share of the cost of the project. (4) GUIDANCE.—In taking action under this subsection, the Secretary shall be guided by section 109. (b) PROJECT AGREEMENT.— (1) PROVISION OF STATE FUNDS.—The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long- term concession agreement, such as avail- ability payments) and to pay for maintenance of the project after completion of construc- tion. (2) REPRESENTATIONS OF STATE.—If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivi-