(a)
(1)
(A) $353,024,000 for fiscal year 2005;
(B) $370,613,540 for fiscal year 2006;
(C) $389,079,500 for fiscal year 2007;
(D) $408,465,500 for fiscal year 2008; and
(E) $423,717,460 for fiscal year 2009.
(2)
(A) to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2; and
(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.
(3)
(b)
(1)
(A)
(i) 25 percent in the ratio that—
(I) the total lane miles of principal arterial routes (excluding Interstate System routes) in each State; bears to
(II) the total lane miles of principal arterial routes (excluding Interstate System routes) in all States.
(ii) 35 percent in the ratio that—
(I) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in each State; bears to
(II) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in all States.
(iii) 30 percent in the ratio that—
(I) the total diesel fuel used on highways in each State; bears to
(II) the total diesel fuel used on highways in all States.
(iv) 10 percent in the ratio that—
(I) the quotient obtained by dividing the total lane miles on principal arterial highways in each State by the total population of the State; bears to
(II) the quotient obtained by dividing the total lane miles on principal arterial highways in all States by the total population of all States.
(B)
(2)
(A)
(i) the total of all weighted nonattainment and maintenance area populations in each State; bears to
(ii) the total of all weighted nonattainment and maintenance area populations in all States.
(B)
(i) 1.0 if, at the time of apportionment, the area is a maintenance area;
(ii) 1.0 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(iii) 1.1 if, at the time of the apportionment, the area is classified as a moderate ozone nonattainment area under such subpart;
(iv) 1.2 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under such subpart;
(v) 1.3 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under such subpart;
(vi) 1.4 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under such subpart;
(vii) 1.0 if, at the time of the apportionment, the area is not a nonattainment or maintenance area as described in section 149(b) for ozone, but is classified under subpart 3 of part D of title I of such Act (42 U.S.C. 7512 et seq.) as a nonattainment area described in section 149(b) for carbon monoxide; or
(viii) 1.0 if, at the time of apportionment, an area is designated as nonattainment for ozone under subpart 1 of part D of title I of such Act (42 U.S.C. 7512 et seq.).1
(C)
(D)
(E)
(3)
(A)
(i) 25 percent of the apportionments in the ratio that—
(I) the total lane miles of Federal-aid highways in each State; bears to
(II) the total lane miles of Federal-aid highways in all States.
(ii) 40 percent of the apportionments in the ratio that—
(I) the total vehicle miles traveled on lanes on Federal-aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-aid highways in all States.
(iii) 35 percent of the apportionments in the ratio that—
(I) the estimated tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available; bears to
(II) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available.
(B)
(4)
(A) 331/3 percent in the ratio that—
(i) the total lane miles on Interstate System routes open to traffic in each State; bears to
(ii) the total of all such lane miles in all States;
(B) 331/3 percent in the ratio that—
(i) the total vehicle miles traveled on Interstate System routes open to traffic in each State; bears to
(ii) the total of all such vehicle miles traveled in all States; and
(C) 331/3 percent in the ratio that—
(i) the total of each State's annual contributions to the Highway Trust Fund (other than the Mass Transit Account) attributable to commercial vehicles; bears to
(ii) the total of such annual contributions by all States.
(5)
(A)
(i) 331/3 percent of the apportionments in the ratio that—
(I) the total lane miles of Federal-aid highways in each State; bears to
(II) the total lane miles of Federal-aid highways in all States.
(ii) 331/3 percent of the apportionments in the ratio that—
(I) the total vehicle miles traveled on lanes on Federal-aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-aid highways in all States.
(iii) 331/3 percent of the apportionments in the ratio that—
(I) the number of fatalities on Federal-aid highways in each State in the latest fiscal year for which data are available; bears to
(II) the number of fatalities on Federal-aid highways in all States in the latest fiscal year for which data are available.
(B)
(c)
(d)
(1)
(A) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $560,000 for such fiscal year; and
(B) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $560,000 for each of fiscal years 2006 through 2009.
(2)
(A)
(i) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $5,250,000 for such fiscal year; and
(ii) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $7,250,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, $12,500,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009.
(B)
(i) 5 railway corridors selected by the Secretary in accordance with this subsection (as in effect on the day before the date of enactment of this clause);
(ii) 3 railway corridors selected by the Secretary in accordance with subparagraphs (C) and (D);
(iii) a Gulf Coast high speed railway corridor (as designated by the Secretary);
(iv) a Keystone high speed railway corridor from Philadelphia to Harrisburg, Pennsylvania; and
(v) an Empire State railway corridor from New York City to Albany to Buffalo, New York.
(C)
(D)
(i) projected rail ridership volume in each corridor;
(ii) the percentage of each corridor over which a train will be capable of operating at its maximum cruise speed taking into account such factors as topography and other traffic on the line;
(iii) projected benefits to nonriders such as congestion relief on other modes of transportation serving each corridor (including congestion in heavily traveled air passenger corridors);
(iv) the amount of State and local financial support that can reasonably be anticipated for the improvement of the line and related facilities; and
(v) the cooperation of the owner of the right-of-way that can reasonably be expected in the operation of high speed rail passenger service in each corridor.
(E)
(F)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(A)
(B)
(4)
(A)
(B)
(5)
(g) Not more than 40 per centum of the amount apportioned in any fiscal year to each State in accordance with sections 130 and 144 may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a transfer is requested by the State transportation department and is approved by the Secretary as being in the public interest. The Secretary may approve the transfer of 100 per centum of the apportionment under one such section to the apportionment under any other of such sections if such transfer is requested by the State transportation department, and is approved by the Secretary as being in the public interest, if he has received satisfactory assurances from such State transportation department that the purposes of the program from which such funds are to be transferred have been met. A State may transfer not to exceed 50 percent of the State's apportionment under section 144 in any fiscal year to the apportionment of such State under subsection (b)(1) or subsection (b)(3) of this section. Any transfer to subsection (b)(3) shall not be subject to section 133(d). Nothing in this subsection authorizes the transfer of any amount apportioned from the Highway Trust Fund to any apportionment the funds for which were not from the Highway Trust Fund, and nothing in this subsection authorizes the transfer of any amount apportioned from funds not from the Highway Trust Fund to any apportionment the funds for which were from the Highway Trust Fund.
(h)
(1)
(2)
(A) 50 percent of that amount shall be apportioned equally among eligible States.
(B) 50 percent of that amount shall be apportioned among eligible States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year.
(3)
(i)
(j)
(1) the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year;
(2) the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section and sections 105 and 144;
(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; and
(4) the rates of obligation of funds apportioned or set aside under this section and sections 105, 133, and 144, according to—
(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including urbanized and rural areas, on the basis of the population of each such area.
(k)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(4)
(l)
(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.)
The Clean Air Act, referred to in subsec. (b)(2)(B), (C), is act July 14, 1955, ch. 360, 69 Stat. 322. Subparts 1, 2, and 3 of part D of title I of the Act are classified to subparts 1 (§7501 et seq.), 2 (§7511 et seq.), and 3 (§7512 et seq.), respectively, of part D of subchapter I of chapter 85 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of this clause, referred to in subsec. (d)(2)(B)(i), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
Section 901(e) of the Taxpayer Relief Act of 1997, referred to in subsec. (l), is section 901(e) of Pub. L. 105–34, title IX, Aug. 5, 1997, 111 Stat. 872, which is set out as a note under section 6302 of Title 26, Internal Revenue Code.
The Transportation Equity Act for the 21st Century, referred to in subsec. (l), is Pub. L. 105–178, June 9, 1998, 112 Stat. 107. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 105–178, set out as a Short Title of 1998 Amendment note under section 101 of this title and Tables.
Another section 1003(e) of Pub. L. 102–240, as added by Pub. L. 105–130, §2(d), is not classified to the Code.
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 appropriations 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 subpar. (C) and struck out former subpar. (C), which required that the weighted nonattainment or maintenance area population of the area for a carbon monoxide 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 education program to help prevent and reduce motor vehicle 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 subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,250,000 of the funds made available for the surface transportation program for the fiscal year for elimination of hazards of railway-highway crossings.”
Subsec. (d)(2)(E). Pub. L. 109–59, §1103(f)(2), substituted “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 administration 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 exceed 1 percent of the remaining funds authorized to be appropriated for expenditure upon programs authorized under this title, for the purpose of carrying out the requirements of section 134 of this title.”
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 substituted 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 existing 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 appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.” for “Whenever an apportionment is made of the sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct an amount, not to exceed 1½ percent of the sums authorized, to cover the cost to the Secretary for administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee.”
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 remainder 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 “submit 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 introductory provisions.
Subsec. (k). Pub. L. 109–59, §1108, reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:
“(1)
“(2)
“(3)
2003—Subsec. (a)(1). Pub. L. 108–178 substituted “section 14501 of title 40” for “section 201 of the Appalachian 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), substituted “exceed—” for “exceed 1½ percent of all sums so made available, as the Secretary determines necessary—” in introductory provisions, added introductory provisions of subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), substituted “; and” for the period at end of cl. (ii), and added subpar. (B).
Subsec. (a)(4). Pub. L. 106–159, §101(b)(4), which directed amendment of subsec. (a)(1) by adding par. (4) at the end, was executed by adding par. (4) at the end of subsec. (a), to reflect the probable intent of Congress.
1998—Subsec. (a). Pub. L. 105–178, §1103(a), added subsec. (a) and struck out former subsec. (a) which read as follows: “Whenever an apportionment is made of the sums authorized to be appropriated for expenditure on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System, the Secretary shall deduct a sum, in such amount not to exceed 3¾ per centum of all sums so authorized as the Secretary may deem necessary for administering the provisions of law to be financed from appropriations for the Federal-aid systems and for carrying on the research authorized by subsections (a) and (b) of section 307 of this title. In making such determination, the Secretary shall take into account the unexpended balance of any sums deducted for such purposes in prior years. The sum so deducted shall be available for expenditure from the unexpended balance of any appropriation made at any time for expenditure upon the Federal-aid systems, until such sum has been expended.”
Subsec. (a)(1). Pub. L. 105–178, §1103(o)(1), as added by Pub. L. 105–206, §9002(c)(3), struck out “under section 103” after “National Highway System program” in introductory 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 appropriated for surface transportation program, congestion mitigation and air quality improvement program, National Highway System, and Interstate System each fiscal year.
Subsec. (b)(1)(A). Pub. L. 105–178, §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 Highway Act of 1978 (92 Stat. 2692)); and
“(III) section 139(c) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century);
in each State”.
Subsec. (d)(1). Pub. L. 105–178, §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)
“(B) A corridor selected by the Secretary under subparagraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reasonably be expected to occur in the future.”
Subsec. (d)(3). Pub. L. 105–178, §1103(c)(2), struck out par. (3) which read as follows: “In making the determination required by paragraph (2)(A), the Secretary shall consider projected rail ridership volumes in such corridors, the percentage of the corridor over which a train will be capable of operating at its maximum cruise speed taking into account such factors as topography and other traffic on the line, projected benefits to nonriders such as congestion relief on other modes of transportation serving the corridors (including congestion in heavily traveled air passenger corridors), the amount of State and local financial support that can reasonably be anticipated for the improvement of the line and related facilities, and the cooperation of the owner of the right-of-way that can reasonably be expected in the operation of high speed rail passenger service in such corridors.”
Subsec. (e). Pub. L. 105–178, §1103(d), inserted heading, designated existing provisions as par. (1), inserted heading, struck out “(other than under subsection (b)(5) of this section)” after “apportioned hereunder” and “and research” before “pursuant to subsection (a) of this section” in first sentence, struck out second sentence which read “On October 1 of the year preceding the fiscal year for which authorized, the Secretary shall certify to each of the State highway departments the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section.”, realigned margins, and added par. (2).
Subsec. (e)(1). Pub. L. 105–178, §1212(a)(2)(A)(ii), substituted “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 heading.
Subsec. (f)(1). Pub. L. 105–178, §1103(k)(2), which directed the amendment of par. (1) by striking out “ ‘, except that’ and all that follows through ‘programs’ ”, was executed by striking out “, except that the amount from which such set aside is made shall not include funds authorized to be appropriated for the recreational trails program” after “section 134 of this title” to reflect the probable intent of Congress and the amendment by Pub. L. 105–178, §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 Interstate 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), inserted heading, substituted “section 120(b)” for “section 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), substituted “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 available from the National Recreational Trails Trust Fund, the Secretary shall obligate, from administrative funds (contract authority) deducted under subsection (a), to carry out section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000 for each of fiscal years 1996 and 1997 and $7,500,000 for the period of October 1, 1997, through March 31, 1998.”
Subsec. (i). Pub. L. 105–178, §1103(g), added subsec. (i) and struck out former subsec. (i) which read as follows:
“(i)
“(1)
“(2)
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 programs during the preceding calendar month, (2) the cumulative amount of obligation, by State, for that fiscal year, (3) the balance as of the last day of such preceding month of the unobligated apportionment of each State by fiscal year, and (4) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for that fiscal year.”
Subsec. (k). Pub. L. 105–178, §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 second sentence of introductory provisions substituted “was a nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year 1994” for “is a nonattainment area (as defined in the Clean Air Act) for ozone” and in first sentence of closing provisions substituted “If the area was also” for “If the area is also”, and inserted “during any part of fiscal year 1994” after “area for carbon monoxide”.
Subsec. (g). Pub. L. 104–59, §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), substituted “on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System” for “upon the Federal-aid systems” and was executed by making the substitution for the first reference to “upon the Federal-aid systems”.
Subsec. (a)(2), (3). Pub. L. 102–143, §333(c), repealed Pub. L. 101–516, §333. See 1990 Amendment note below.
Subsec. (b). Pub. L. 102–240, §1007(b)(2), in introductory provisions, substituted “paragraph (5)(A)” for “paragraphs (4) and (5)”, “and section 307” for “and sections 118(c) and 307(d)”, and “on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System” for “upon the Federal-aid systems”.
Pub. L. 102–143, §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 follows: “For the Federal-aid primary system (including extensions in urban areas and priority primary routes)—
“Two-thirds according to the following formula: one-third in the ratio which the area of each State bears to the total area of all the States, one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census, and one-third in the ratio which the mileage of rural delivery routes and intercity mail routes where service is performed by motor vehicles in each State bear to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary; and one-third as follows: in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. No State (other than the District of Columbia) shall receive less than one-half of 1 per centum of each year's apportionment.”
Subsec. (b)(2). Pub. L. 102–240, §1008(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the Federal-aid secondary system:
“One-third in the ratio which the area of each State bears to the total area of all the States; one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census; and one-third in the ratio which the mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, certified as above provided, in each State bears to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles in all the States. No State (other than the District of Columbia) shall receive less than one-half of 1 per centum of each year's apportionment.”
Subsec. (b)(3). Pub. L. 102–240, §1007(b)(1), which directed that par. (3) “is amended to read as follows”, was executed by adding par. (3) to reflect the probable intent of Congress, because prior par. (3) had been repealed. See 1976 Amendment note below.
Subsec. (b)(5)(A). Pub. L. 102–240, §1001(c)–(e), substituted “1960 through 1996” for “1960 through 1990” wherever appearing, and “As soon as practicable after the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 for fiscal year 1992, and on October 1 of each of fiscal years 1993, 1994, and 1995, the Secretary shall make the apportionment required by this subparagraph for all States (other than Massachusetts) using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds, and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds” for “On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the apportionment required by this subparagraph using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds”, and inserted before last sentence: “Notwithstanding any other provision of this subparagraph or any cost estimate approved or adjusted pursuant to this subparagraph, subject to the deductions under this section, the amounts to be apportioned to the State of Massachusetts pursuant to this subparagraph for fiscal years 1993, 1994, 1995, and 1996 shall be as follows: $450,000,000 for fiscal year 1993, $800,000,000 for fiscal year 1994, $800,000,000 for fiscal year 1995, and $500,000,000 for fiscal year 1996.”
Subsec. (b)(5)(B). Pub. L. 102–240, §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 apportioned in any fiscal year, commencing with the apportionment of funds authorized to be appropriated under subsection (a) of section 102 of the Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in accordance with paragraph (1) or (2) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such a transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest.
“(2) Subject to subsection (d), the amount apportioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of two hundred thousand population or more under section 150 of this title, without the approval of the local officials of such urbanized area.”
Pub. L. 102–143, §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 follows: “Each transfer of apportionments under subsection (c) of this section shall be subject to the following conditions:
“(1) In the case of transfers under paragraph (1), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.
“(2) In the case of transfers under paragraph (2), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.
“(3) No transfer shall be made from an apportionment during any fiscal year if during such fiscal year a transfer has been made to such apportionment.
“(4) No transfer shall be made to an apportionment during any fiscal year if during such fiscal year a transfer has been made from such apportionment.”
Subsec. (f)(1). Pub. L. 102–240, §1024(b)(1)–(3), substituted “1 percent” for “one-half per centum”, “programs authorized under this title” for “the Federal-aid systems”, and “except that the amount from which such set aside is made shall not include funds authorized to be appropriated for the Interstate construction and Interstate substitute programs” for “except that in the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 per centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such System”.
Subsec. (f)(3). Pub. L. 102–240, §1024(b)(4), (c)(2), substituted “120(j)” for “120” and struck out “designated by the State as being” after “organizations”.
Subsec. (f)(4). Pub. L. 102–240, §1024(b)(5), inserted provisions relating to attainment of air quality standards and provisions relating to other factors necessary to provide appropriate distribution of funds to carry out section 134 and other requirements of Federal law.
Subsec. (f)(5). Pub. L. 102–240, §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 section. Any transfer to subsection (b)(3) shall not be subject 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 (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 104(b) on the first day of each fiscal year which begins after the fourth full calendar year following the date of enactment of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.
“(3) A State meets the requirements of this paragraph if—
“(A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception—
“(i) the revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of—
“(I) any violation of the Controlled Substances Act, or
“(II) any drug offense, and
“(ii) a delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver's license if the individual does not have a driver's license, or the driver's license of the individual is suspended, at the time the individual is so convicted, or
“(B) The Governor of the State—
“(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State's legislature which begins after the date of enactment of this section a written certification stating that he is opposed to the enactment or enforcement in his State of a law described in subparagraph (A) relating to the revocation, suspension, issuance, or reinstatement of driver's licenses to convicted drug offenders; and
“(ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).”
was repealed by Pub. L. 102–143, §333(c). See Construction of 1990 Amendment note below and section 159(a)(2), (3) of this title.
Subsec. (b). Pub. L. 101–516, §333 [part], which amended subsec. (b) generally to read as follows:
“(1)(A) Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 1995, shall remain available for apportionment to such State as follows:
“(i) If such funds would have been apportioned under section 104(b)(5)(A) but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated.
“(ii) If such funds would have been apportioned under section 104(b)(5)(B) but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated.
“(iii) If such funds would have been apportioned under paragraph (1), (2), or (6) of section 104(b) but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated.
“(B) No funds withheld under this section from apportionment to any State after September 30, 1995, shall be available for apportionment to such State.
“(2) If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirements of subsection (a)(3), apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.
“(3) Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows:
“(A) Funds originally apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are apportioned under paragraph (2).
“(B) Funds originally apportioned under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned.
Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b).
“(4) If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b).”
was repealed by Pub. L. 102–143, §333(c). See Construction of 1990 Amendment note below and section 159(b) of this title.
Subsec. (c). Pub. L. 101–516, §333 [part], which amended subsec. (c) generally to read as follows: “For purposes of this section—
“(1) The term ‘driver's license’ means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.
“(2) The term ‘drug offense’ means any criminal offense which proscribes—
“(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act, or
“(B) the operation of a motor vehicle under the influence of such a substance.
“(3) The term ‘convicted’ includes adjudicated under juvenile proceedings.”
was repealed by Pub. L. 102–143, §333(c). See Construction 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 provisions.
Subsec. (b)(5)(A). Pub. L. 100–17, §102(b)(1), inserted after “September 30, 1990.” the following: “The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1989. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years 1991 and 1992. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1991. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal year 1993.”
Pub. L. 100–17, §102(b)(2), inserted at end “On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the apportionment required by this subparagraph using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds. If, before apportionment of funds under this subparagraph for any fiscal year, the Secretary and a State highway department agree that a portion of the apportionment to such State is not needed for such fiscal year, the amount of such portion shall be made available under section 118(b)(2) of this title.”
Subsec. (g). Pub. L. 100–202 substituted “sections 130, 144, and 152 of this title” for “sections 144, 152, and 153 of this title, or section 203(d) of the Highway Safety Act of 1973,” and struck out “All or any part of the funds apportioned in any fiscal year to a State in accordance with section 203(d) of the Highway Safety Act of 1973 from funds authorized in section 203(c) of such Act, may be transferred from that apportionment to the apportionment made under section 219 of this title if such transfer is requested by the State highway department and is approved by the Secretary after he has received satisfactory assurances from such department that the purposes of such section 203 have been met.”
1981—Subsec. (b)(5)(A). Pub. L. 97–134, §4(c), inserted provision that the Secretary shall include only those costs eligible for funds authorized by section 108(b) of the Federal Highway Act of 1956 in making the revised estimate of completing Interstate System for the purpose of transmitting it to the Congress within ten days subsequent to Jan. 2, 1983 or thereafter.
Subsec. (b)(5)(B). Pub. L. 97–134, §5, inserted reference to reconstruction in opening par., substituted “55 per centum in the ratio that lane miles on the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 45 per centum in the ratio that vehicle miles traveled on lanes on the Interstate routes designated under sections 103 and 139(c) of this title” for “Seventy-five per centum in the ratio that lane miles in use for more than five years on the Interstate System (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 25 per centum in the ratio that vehicle miles traveled on lanes in use for more than five years on the Interstate System” and inserted provision that no State excluding any State that has no interstate lane miles shall receive less than one-half of 1 per centum of the total apportionment made by this subparagraph for any fiscal year.
1978—Subsec. (b)(5)(A). Pub. L. 95–599, §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.
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 introductory text “(including extensions in urban areas and priority primary routes)”, made existing provisions applicable for a two-third apportionment of monies, striking out “in all the States at the close of the next preceding calendar year” before “as shown by a certificate of the Postmaster General” and inserted provision for a one-third apportionment in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census.
Subsec. (b)(3). Pub. L. 94–280, §112(c), repealed provisions respecting apportionment of monies for extensions of the Federal-aid primary and Federal-aid secondary systems within urban areas in the ratio which the population in municipalities and other urban places of five thousand or more in each State bears to the total population in municipalities and other urban places of five thousand or more in all of the States as shown by the latest available Federal census.
Subsec. (b)(5)(A). Pub. L. 94–280, §§106(b), 107(b), 112(g), designated existing provisions as subpar. (A) and inserted introductory phrase “Except as provided in subparagraph B—”; substituted wherever appearing in introductory phrase and second and third sentences “1990” for “1979”; substituted provision for apportionment for fiscal year ending September 30, 1977, for prior provision for fiscal year ending June 30, 1977, substituted provision for apportionment for fiscal year ending September 30, 1978, in accordance with section 103 of Federal-Aid Highway Act of 1976, for prior provision for apportionment for fiscal year ending June 30, 1978, substituted provision for apportionment for fiscal year ending September 30, 1979, for prior provision for fiscal year ending June 30, 1979, provided for apportionment for fiscal year ending September 30, 1980, and inserted provisions for revised estimates of completion costs and transmittal thereof to Congress within ten days subsequent to January 2, 1979, 1981, 1983, 1985, and 1987 for apportionments for fiscal years ending September 30, 1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and 1989 and 1990; and substituted in third sentence “October 1 of the year preceding the fiscal year for which authorized” for “a date as far in advance of the beginning of the fiscal year for which authorized as practicable but in no case more than eighteen months prior to the beginning of the fiscal year for which authorized”.
Subsec. (b)(5)(B). Pub. L. 94–280, §106(b), added subpar. (B).
Subsec. (c). Pub. L. 94–280, §113(a), designated existing provisions as par. (1), substituted “Subject to subsection (d), the amount” for “Not more than 40 per centum of the amount” and “transferred from the apportionment under one paragraph to the apportionment under the other paragraph” for “transferred from the apportionment under one paragraph to the apportionment under any other of such paragraphs” and struck out former last sentence reading “The total of such transfers shall not increase the original apportionment under any of such paragraphs by more than 40 per centum.”, and incorporated former subsec. (d) provisions in a new par. (2), substituting “Subject to subsection (d), the amount” for “Not more than 40 per centum of the amount” and paragraph “(1)” for “(3)” and striking out former last sentence reading “The total of such transfers shall not increase the original apportionment under either of such paragraphs by more than 40 per centum.”
Subsec. (d). Pub. L. 94–280, §113(a), inserted provisions respecting conditions for transfer of apportionments under subsec. (c) of this section and struck out prior subsec. (d) provisions respecting transfer of certain apportionments, now incorporated in subsec. (c)(2) of this section.
Subsec. (e). Pub. L. 94–280, §112(d), in first sentence, substituted “On October 1” for “On or before January 1 preceding the commencement” and inserted “(other than under subsection (b)(5) of this section)” after “hereunder” and inserted certification provision respecting sums apportioned under subsec. (b)(5) of this section to each State highway department and amount of deductions for administration and research; and inserted provisions advising the States not less than ninety days before the beginning of the fiscal year of amounts to be apportioned to the States and in the case of the Interstate System ninety days prior to the apportionment of funds.
Subsec. (f)(1). Pub. L. 94–280, §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 apportionments when requested by the State highway department and approved by the Secretary as being in the public interest; and provided for transfer of apportionments under section 203(c) and (d) of the Highway Safety Act of 1973, to apportionments under section 219 of this title, and clarified the authority for apportionment of Highway Trust Fund funds.
1973—Subsec. (b)(1). Pub. L. 93–87, §111(a)(1), (2), substituted “intercity mail routes where service is performed by motor vehicles” for “star routes” in two places, “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States” for “one-third in the ratio which the population of each State bears to the total population of all the States”, and “No State (other than the District of Columbia) shall receive” for “No State shall receive”.
Subsec. (b)(2). Pub. L. 93–87, §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 Federal share of the approved estimate in making apportionments for fiscal years ending June 30, 1976, 1977, 1978, and 1979, reenacted requirement that Secretary make a revised estimate of cost of completing the then designated Interstate System, substituting Jan. 2, 1975, for Jan. 2, 1974, as the commencing date for the ten day period for transmittal of the revised cost estimate, and reenacted provisions of last sentence without change, respectively.
Subsec. (b)(6). Pub. L. 93–87, §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 provisions respecting transfer of apportionment of funds under pars. (3) and (6) of subsec. (b) of this section from one paragraph to the other when requested by the State highway department and approved as in the public interest by the Governor of the State and the Secretary for former provisions which authorized expenditure of subsec. (b)(2) funds apportioned for Federal-aid secondary system to a State for projects on another Federal-aid system when the State highway department and the Secretary were in joint agreement as to such other expenditure.
Subsec. (f). Pub. L. 93–87, §112, incorporated provisions of former subsec. (f) that “Not to exceed 50 per centum of the amounts apportioned in accordance with paragraph (3) of subsection (b) of this section may be expended for projects on the Federal-aid urban system” in provisions designated as par. (1) and stating that “On or before January 1 next preceding the commencement of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title.” and added pars. (2)–(4).
Subsec. (g). Pub. L. 93–87, §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 Interstate System, substituted “on April 20, 1970” for “within ten days subsequent to January 2, 1970” as the date for submission by the Secretary to Congress of a revised completion cost estimate of the Interstate System, struck out reference of finality as applied to this estimate, deleted June 30, 1974 from the enumerated list of fiscal years for which the Secretary shall use the Federal share of the approved 1970 estimate in making apportionments, inserted provision directing the Secretary to submit to Congress a revised Interstate System completion cost estimate within 10 days from Jan. 2, 1972 with apportionments to be made by the Secretary for use in the fiscal years 1974 and 1975 from the Federal share of the approved estimate, and inserted provision directing the Secretary to submit to Congress another cost estimate within 10 days from Jan. 2, 1974 to be used for making apportionments for the fiscal year 1976.
Subsec. (b)(6). Pub. L. 91–605, §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 System, added the fiscal year ending June 30, 1971, to the enumeration of fiscal years for which the Secretary may use the Federal share of approval estimates in making apportionments, substituted January 2, 1970, for January 2, 1969, as the date for commencement of the 10–day period during which the Secretary shall transmit to Congress his final revised estimate of the cost of completing the Interstate system, and added the fiscal years ending June 30, 1973, and June 30, 1974, to the enumerated list of fiscal years for which the Secretary shall use the Federal share of the approved estimate in making apportionments.
1966—Subsec. (b)(5). Pub. L. 89–574 substituted “1972” for “1971” wherever appearing except in provision requiring the Secretary, with the approval of Congress, to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1971, and, in such provision, retained the authority of the Secretary to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1971, but extended the authority of the Secretary to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1972, as well.
1964—Subsec. (b)(5). Pub. L. 88–423 substituted “January 2, 1961” for “January 2, 1962”.
1963—Subsec. (b)(3). Pub. L. 88–157, §2, struck out provision which considered Connecticut and Vermont towns as municipalities for the purposes of par. (3) regardless of their incorporated status.
Subsec. (b)(5). Pub L. 88–157, §3, substituted “1971” for “1969” in introductory text and 3d sentence; inserted “For the fiscal years 1960 through 1966,” and substituted “such State” for “each State” in 1st sentence; inserted 2d sentence respecting apportionment for fiscal years 1967 through 1971; substituted in 9th sentence “January 2, 1965” for “January 2, 1966, and annually thereafter through and including January 2, 1968”; substituted in 10th sentence “Upon the approval of such estimate by the Congress” for “Upon approval of any such estimate by the Congress by concurrent resolution” and “fiscal years ending June 30, 1967; June 30, 1968; and June 30, 1969” for “fiscal year which begins next following the fiscal year in which such report is transmitted to the Senate and the House of Representatives” and inserted “the Federal share of” before “such approved estimate”; and inserted 11th through 14th sentences, respecting revised cost estimate for completion of the Interstate System and its submission to Congress within 10 days after Jan. 2, 1968, apportionment for fiscal year ending June 30, 1970, final revised cost estimate for completion of the Interstate System and its submission to Congress within 10 days after Jan. 2, 1969, and apportionment for fiscal year ending June 30, 1971, respectively.
1962—Subsec. (b)(1). Pub. L. 87–866 substituted “preceding calendar year” for “preceding fiscal year”.
1960—Subsec. (b)(5). Pub L. 86–657 struck out provisions which required, in making the estimates of cost for completing the Interstate System, exclusion of the cost of completing any mileage designated from the one thousand additional miles authorized by section 108(1) of the Federal-Aid Highway Act of 1956.
1959—Subsec. (b). Pub. L. 86–70 struck out “, except that only one-third of the area of Alaska shall be included” after “total area of all States” in pars. (1) and (2).
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.
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.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.
Section 1100 of title I of Pub. L. 102–240 provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(A)
“(B)
“(C)
Section 113(b) of Pub. L. 94–280 provided that: “The amendment made by subsection (a) of this section [amending this section] shall take effect on July 1, 1976, and shall be applicable with respect to funds authorized for the fiscal year ending September 30, 1977, and for subsequent fiscal years. With respect to the fiscal year 1976 and earlier fiscal years, the provisions of subsections (c) and (d) of section 104 of title 23, United States Code, as in effect on June 30, 1976, shall remain applicable to funds authorized for such years.”
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.
Section 10(b) of Pub. L. 87–866 provided that: “The amendment made by subsection (a) of this section [amending this section] shall be applicable only with respect to apportionments made after the date of enactment of this Act [Oct. 23, 1962].”
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.
Section 333(d) of Pub. L. 102–143 provided that: “The amendments made by section 333 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2184–2186) [Pub. L. 101–516, amending this section and enacting provisions formerly set out as a note below] shall be treated as having not been enacted into law.”
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 Administration, Federal-Aid Highways (Limitation on Obligations) (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.]
Pub. L. 105–178, title I, §1103(m), June 9, 1998, 112 Stat. 126, provided that:
“(1)
“(2)
“(3)
“(4)
“(5)
Pub. L. 109–59, title I, §1936, Aug. 10, 2005, 119 Stat. 1510, provided that: “Notwithstanding any other provision of law, funds apportioned to a State under 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 sections 117 and 144(g) [now 144(f)] of title 23, United States Code, in an amount not to exceed 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)
“(1)
“(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)
“(b)
“(1)
“(2)
“(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 apportioned for the items to the State for fiscal year 2004.
“(3)
“(4)
“(5)
“(c)
“(1)
“(2)
“(d)
“(e)
“(1)
“(A) the funding authorized for such program, project, or activity in this Act [see Short Title of 2004 Amendments note set out under section 101 of this title], the Surface Transportation Extension Act of 2005 [Pub. L. 109–14],,[sic] the Surface Transportation 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 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] (including any amendments made by this Act and such Act[s]); or
“(B) 83 percent of the funding provided for or limitation set on such program, project, or activity in title I of division H of the Consolidated Appropriations Act, 2005 [Pub. L. 108–447, see Tables for classification].
“(2)
“(3)
“(4)
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, provided that:
“(a)
“(1) the State's total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program; bears to
“(2) all States’ total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program.
“(b)
“(1)
“(2)
“(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 apportioned for the items to the State for fiscal year 2003.
“(3)
“(4)
“(5)
“[(c) Repealed. Pub. L. 108–310, §12(e)(1), Sept. 30, 2004, 118 Stat. 1162.]
“(d)
“(e)
“(1)
“(2)
“(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 construction programs for fiscal year 2004 identified under the heading ‘
“(B) the total of sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of section 110(b) of such Act and sums authorized to be appropriated for 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.”
Section 2 of Pub. L. 105–130 provided that:
“(a)
“(1) the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; bears to
“(2) all States’ total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program.
“(b)
“(1)
“(2)
“(A) the amount apportioned to the State under subsection (a); by
“(B) the ratio that—
“(i) the amount of funds apportioned for the item, or allocated under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027), to the State for fiscal year 1997; bears to
“(ii) the total of the amount of funds apportioned for the items, and allocated under those sections, to the State for fiscal year 1997.
“(3)
“(4)
“(c)
“(1)
“(2)
“(d)
“(e)
“(1)
“(A) equal to the greater of—
“(i) the State's unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations; or
“(ii) 50 percent of the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; but
“(B) not greater than 75 percent of the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program.
“(2)
“(3)
“(A)
“(B)
“(C)
“(D)
“(4)
Section 319(c) of Pub. L. 104–59 provided that: “Notwithstanding any other provision of law, for each of fiscal years 1996 and 1997, the amendments made by subsection (a) [amending this section and section 149 of this title] shall not affect any apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1943) [Pub. L. 102–240, set out below].”
Section 1001(a) of Pub. L. 102–240 provided that: “Congress declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] made by this section (including the amendments made by this section [amending this section and section 101 of this title]) are the final authorizations of appropriations and apportionments for completion of construction of such System.”
Section 1015 of Pub. L. 102–240 provided that:
“(a)
“(1)
“(2)
“(b) 90
“(1)
“(2)
“(c)
“(d)
“(1) Subsection (d)(1).
“(2) Subsection (d)(2).
“(3) Subsection (d)(3).
“(e)
Section 1098 of Pub. L. 102–240, 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 Federal-aid highway funds that best directs highway funds to places of greatest need for highway maintenance and enhancement based on extent of these highway systems, their present use, and increases in their use, with results of study to be presented to Congress on or before Jan. 1, 1994, and to be considered by Congress in the 1996 reauthorization of surface transportation program.
Pub. L. 102–240, title I, §§1101–1102, Dec. 18, 1991, 105 Stat. 2027, directed Secretary of Transportation to conduct a study of effects of climatic conditions on costs of highway construction and maintenance and to transmit to Congress, not later than Sept. 30, 1993, a report on the results of the study, prior to repeal by Pub. L. 105–362, title XV, §1501(d), Nov. 10, 1998, 112 Stat. 3294.
Section 333 [part] of Pub. L. 101–516, which for each fiscal year directed Secretary of Transportation to withhold five per centum of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 104(b) of this title on the first day of each fiscal year which begins after the second full calendar year following Nov. 5, 1990, if State does not meet the requirements of paragraph (3) on such date, was repealed by Pub. L. 102–143, title III, §333(c), Oct. 28, 1991, 105 Stat. 947.
Section 341 of Pub. L. 101–516, as amended by Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that:
“(a) Notwithstanding any other provision of law, for the period January 1, 1992, through December 31, 1992, the Secretary of Transportation shall reduce the aggregate amount which a State may obligate for Federal-aid highways and highway safety construction programs by 25 percent if such State has a public authority which provides mass transportation for an urbanized area of such State with a population of 3,000,000 or more as determined under the 1980 decennial census of the United States, and if by October 1, 1991—
“(1) laws of such State do not authorize a general tax-based source of revenues to take effect on or before January 1, 1992, dedicated to paying the non-Federal share of projects for mass transportation eligible for assistance under the Federal Transit Act [now 49 U.S.C. 5301 et seq.]; or
“(2) the laws of such State do not authorize the establishment of regional or local tax-based sources of revenues dedicated to pay such non-Federal share or for paying operating expenses of mass transit service so as to satisfy financial capacity standards as may be required by the Secretary of Transportation.
“(b) For purposes of this section, the terms ‘mass transportation’, ‘State’, and ‘urbanized areas’ have the meaning such terms have under section 12 of the Federal Transit Act [now 49 U.S.C. 5302].
“(c) Any withholding defined under this section shall be waived if the Governor of the State—
“(1) submits to the Secretary by October 1, 1991, a written certification stating that he is opposed to the enactment in his State of a law described in subsections (a)(1) and (2) and that funding as described in subsections (a)(1) and (2) would not improve public transportation safety; and
“(2) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution by a simple majority expressing its opposition to a law described in subsections (a)(1) and (2).
“(d) This section shall remain in effect until December 31, 1992.”
Pub. L. 102–27, title IV, §404(b), Apr. 10, 1991, 105 Stat. 155, provided that: “The Secretary of Transportation shall restore any reductions in obligation authority made under section 329 [of Pub. L. 101–516, formerly set out below] prior to its repeal.”
Similar provisions were contained in Pub. L. 101–516, title III, §329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub. L. 102–27, title IV, §404(a), Apr. 10, 1991, 105 Stat. 155.
Section 136 of Pub. L. 100–17 provided that: “In implementing any order issued by the President which provides for or requires a percentage reduction in new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority, or obligation limitations for the Federal-aid highway, mass transit and highway safety programs and with respect to which the budget account activity as identified in the program and financing schedule contained in the Appendix to the Budget of the United States Government for such programs includes more than one specific highway, mass transit, or highway safety program or project for which budget authority is provided by this Act or an amendment made by this Act [see Short Title of 1987 Amendment note set out under section 101 of this title], the Secretary shall apply the percentage reduction equally to each such specific program or project.”
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, provided that:
“(a) Notwithstanding section 104(b)(1) of title 23, United States Code, and any other provision of law, amounts authorized for fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for the Federal-aid primary system (including extensions in urban areas and priority primary routes) shall be apportioned in accordance with this section. The Secretary of Transportation shall determine for each State the higher of (1) the amount which would be apportioned to such State under section 104(b)(1) of title 23, United States Code, and (2) the amount which would be apportioned to such State under the following formula:
“One-half in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census and one-half in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census.
“(b) The Secretary of Transportation shall, for each of the fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991, determine the total of the amounts determined for each State under subsection (a) and shall determine the ratio which the total amount authorized for such fiscal year for the Federal-aid primary system bears to the total of such amounts determined under subsection (a) for such fiscal year.
“(c) The amount which shall be apportioned to each State for the Federal-aid primary system (including extensions in urban areas and priority primary routes) for each of the fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 shall be the amount determined for such State under subsection (a), multiplied by the ratio determined under subsection (b).
“(d) Notwithstanding any other provision of law, no State shall receive an apportionment under this section for any fiscal year which is less than the lower of (1) the amount which the State would be apportioned for such fiscal year under section 104(b)(1) of title 23, United States Code, and (2) the amount which would be determined under the formula set forth in subsection (a). Notwithstanding any other provision of law, no State shall receive for any such fiscal year less than one-half of 1 per centum of the total apportionment under this section for such fiscal year. For purposes of this paragraph and subsection (b) of section 103 of title 23, United States Code, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered together as one State. The State consisting of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Mariana Islands shall not receive less than one-half of 1 per centum of each year's apportionment. There are authorized to be appropriated such sums as may be necessary out of the Highway Trust Fund to carry out this subsection. Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code.
“(e) Amounts apportioned under this section shall be deemed to be amounts apportioned under section 104(b)(1) of title 23, United States Code, for purposes of such title and all other provisions of law. Terms used in this section shall have the same meaning such terms have in chapter 1 of title 23, United States Code.”
Pub. L. 97–424, title I, §145, Jan. 6, 1983, 96 Stat. 2130, provided that:
“(a) Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary of Transportation under section 106(a) [section 106(a) of this title], and of any qualifying project for which the United States becomes obligated to pay under section 117, of title 23, United States Code, during the period beginning on the date of enactment of this Act [Jan. 6, 1983] and ending September 30, 1984, shall be such percentage of the construction cost as the State highway department requests, up to and including 100 per centum.
“(b) For purposes of this section, the term ‘qualifying project’ means a project approved by the Secretary of Transportation under section 106(a) of title 23, United States Code, or a project for which the United States becomes obligated to pay under section 117 of title 23, United States Code, for which the Governor of the State submitting the project has certified, in accordance with regulations established by the Secretary of Transportation, that sufficient funds are not available to pay the cost of the non-Federal share of the project.
“(c) The total amount which may be obligated for qualifying projects in any State under subsection (a) shall not be greater than the excess of—
“(1) the sum of the amount of obligation authority distributed to such State for fiscal year 1983 under section 104(b) of this Act [set out above], plus the amount, if any, available to such State under section 150 of this Act [enacting section 157 of this title], pertaining to minimum allocation, over
“(2) the amount of obligation authority distributed to such State for fiscal year 1982 under section 3(b) of the Federal-Aid Highway Act of 1981 [set out below].
“(d) The total amount of such increases in the Federal share as are made pursuant to subsection (a) for any State shall be repaid to the United States by such State on or before September 30, 1984. Such payments shall be deposited in the Highway Trust Fund and such repaid amounts shall be credited to the appropriate apportionment accounts of such State.
“(e) If a State has not made the repayment as required by subsection (d) of this section, the Secretary shall deduct from funds apportioned to such State under section 104(b) of title 23, United States Code, except for paragraph (5)(A), in each of the fiscal years ending September 30, 1985, and September 30, 1986, a pro rata share of each category of such apportioned funds, the total amount of which shall be equal to 50 per centum of the amount needed for repayment. Any amount deducted under this subsection shall be reapportioned for the fiscal years 1985 and 1986 in accordance with section 104(b)(1) of title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the repayment required by subsection (d).”
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, provided that:
“(a)
“(1) $34,422,400,000 for fiscal year 2005;
“(2) $36,032,343,903 for fiscal year 2006;
“(3) $38,244,210,516 for fiscal year 2007;
“(4) $39,585,075,404 for fiscal year 2008; and
“(5) $41,199,970,178 for fiscal year 2009.
“(b)
“(1) section 125 of title 23, United States Code;
“(2) section 147 of the Surface Transportation Assistance Act of 1978 [Pub. L. 95–599] (formerly 23 U.S.C. 144 note; 92 Stat. 2714);
“(3) section 9 of the Federal-Aid Highway Act of 1981 (Public Law 97–134; 95 Stat. 1701);
“(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (Public Law 97–424; 96 Stat. 2119);
“(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17; 101 Stat. 198);
“(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2027) [see Tables for classification];
“(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 obligation authority was made available under the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) [see Tables for classification] or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used;
“(10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2009, only in an amount equal to $639,000,000 per fiscal year); and
“(11) section 1603 of this Act [set out as a note under section 118 of this title], 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.
“(c)
“(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
“(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;
“(B) programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of this Act [Aug. 10, 2005]); and
“(C) amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics;
“(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary;
“(3) shall determine the ratio that—
“(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2); bears to
“(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (9) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(10) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2);
“(4)(A) shall distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this Act [see Tables for classification], sections 117 [(]but individually for each of [sic] project numbered 1 through 3676 listed in the table contained in section 1702 of this Act [119 Stat. 1256][)] and 144(g) [now 144(f)] of title 23, United States Code, and section 14501 of title 40, United States Code, and, during fiscal year 2005, amounts for programs, projects, and activities authorized by section 117 of title I of division H of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3212), so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying—
“(i) the ratio determined under paragraph (3); by
“(ii) the sums authorized to be appropriated for that section for the fiscal year; and
“(B) shall distribute $2,000,000,000 for section 105 of title 23, United States Code;
“(5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs that are allocated by the Secretary under this Act [see Tables for classification] and title 23, United States Code (other than to programs to which paragraph (1) applies), by multiplying—
“(A) the ratio determined under paragraph (3); by
“(B) the amounts authorized to be appropriated for each such program for the fiscal year; and
“(6) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraphs (4) and (5), for Federal-aid highway and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under this Act and title 23, United States Code, in the ratio that—
“(A) amounts authorized to be appropriated for the programs that are apportioned to each State for the fiscal year; bear to
“(B) the total of the amounts authorized to be appropriated for the programs that are apportioned to all States for the fiscal year.
“(d)
“(1) revise a distribution of the obligation authority 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 previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code.
“(e)
“(1)
“(A) chapter 5 of title 23, United States Code; and
“(B) title V (research title) of this Act [see Tables for classification].
“(2)
“(A) remain available for a period of 3 fiscal years; and
“(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
“(f)
“(1)
“(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and
“(B) the Secretary determines will not be allocated to the States, and will not be available for obligation, in the fiscal year due to the imposition of any obligation limitation for the fiscal year.
“(2)
“(3)
“(g)
“(1) remain available until used for obligation of funds for that provision; and
“(2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
“(h)
“(1)
“(2)
“(i)
“(1)
“(2)
“(j)
“(1)
“(2)
“(k)
Similar provisions for prior fiscal years were contained in the following acts:
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. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 650, provided in part that: “None of the funds in this Act [div. C of Pub. L. 112–55, see Tables for classification] shall be available for the implementation or execution of programs, the obligations for which are in excess of $39,143,582,670 for Federal-aid highways and highway safety construction programs for fiscal year 2012”.
Pub. L. 112–55, div. C, title I, §120, Nov. 18, 2011, 125 Stat. 651, provided that:
“(a) For fiscal year 2012, the Secretary of Transportation shall—
“(1) not distribute from the obligation limitation for Federal-aid highways amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users [Aug. 10, 2005]); the highway use tax evasion program; and the Bureau of Transportation Statistics;
“(2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highways and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary;
“(3) determine the ratio that—
“(A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to
“(B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (9) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(10) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
“(4)(A) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301 [set out as a note under section 101 of this title], 1302 [set out as a note under section 101 of this title], and 1934 [119 Stat. 1485] of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users [Pub. L. 109–59]; section 117 and section 144(g) [now 144(f)] of title 23, United States Code; and section 14501 of title 40, United States Code, so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for that section for the fiscal year; and
“(B) distribute $2,000,000,000 for section 105 of title 23, United States Code;
“(5) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users [Pub. L. 109–59, see Tables for classification] and title 23, United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and
“(6) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code, in the ratio that—
“(A) amounts authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to
“(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.
“(b)
“(1) under section 125 of title 23, United States Code;
“(2) under section 147 of the Surface Transportation Assistance Act of 1978 [Pub. L. 95–599, formerly set out as a note under section 144 of this title];
“(3) under section 9 of the Federal-Aid Highway Act of 1981 [Pub. L. 97–134, 95 Stat. 1701];
“(4) under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 [Pub. L. 97–424, 96 Stat. 2119, 2123];
“(5) under subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100–17, 101 Stat. 198, 200];
“(6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, see Tables for classification];
“(7) under section 157 of title 23, United States Code, as in effect on the day before the date of the enactment of the Transportation Equity Act for the 21st Century [June 9, 1998];
“(8) under 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) for Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century [Pub. L. 105–178, see Tables for classification] or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used;
“(10) under section 105 of title 23, United States Code, but only in an amount equal to $639,000,000 for each of fiscal years 2005 through 2012; and
“(11) under section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users [Pub. L. 109–59, set out as a note under section 118 of this title], 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.
“(c)
“(d)
“(e)
“(1)
“(A) are authorized to be appropriated for such fiscal year for Federal-aid highways programs; and
“(B) the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year.
“(2)
“(3)
“(f)
“(1) remain available until used for obligation of funds for that provision; and
“(2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
“(g)
Similar provisions for prior fiscal years were contained in the following acts:
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.
Provisions requiring the Secretary of Transportation to apportion for specific fiscal years sums authorized to be appropriated for such fiscal years by section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note under section 101 of this title, for expenditures on the National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] using the apportionment factors contained in certain tables in particular committee prints of the Committee on Public Works and Transportation of the House of Representatives were contained in the following acts:
Pub. L. 102–240, title I, §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.
Provisions entitling each State, for specific fiscal years, to receive at least one-half of 1 per centum of the total apportionment for the Interstate System under section 104(b)(5)(A) of this title, and authorizing States to expend amounts available under these provisions which are in excess of the estimated cost of completing and of necessary resurfacing, restoring, rehabilitating, and reconstruction of the State's portion of the Interstate System for the purposes for which funds apportioned under section 104(b)(1), (2), and (6) of this title may be expended or for carrying out section 152 of this title were contained in the following acts:
Pub. L. 100–17, title I, §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; repealed 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.
Section 147 of Pub. L. 94–280 provided that: “Funds apportioned to States under subsections (b)(1), (b)(2), and (b)(6) of section 104 of title 23, United States Code, may be used upon the application of the State and the approval of the Secretary of Transportation for construction of access ramps from bridges under construction or which are being reconstructed, replaced, repaired, or otherwise altered on the Federal-aid primary, secondary, or urban system to public boat launching areas adjacent to such bridges. Approval of the Secretary shall be in accordance with guidelines developed jointly by the Secretary of Transportation and the Secretary of the Interior.”
Pub. L. 94–30, §3, June 4, 1975, 89 Stat. 171, sanctioned the use of any money apportioned under section 104(b) of this title for any Federal-aid highway system in a State for any project in that State on any Federal-aid highway system, such amount to be deducted from the apportionment made after June 4, 1975 and repaid and credited to the last apportionment made for which the money was originally apportioned.
Section 111(b) of Pub. L. 93–87 provided that: “Notwithstanding the amendments made by subsection (a) of this section [to subsecs. (b)(1), (2), (6), (c) and (d) of this section] no State (other than the District of Columbia) shall receive an apportionment for the primary system which is less than the apportionment which such State received for such system for the fiscal year ending June 30, 1973. In order to carry out this subsection, there is authorized to be appropriated out of the Highway Trust Fund for the Federal-aid primary system, an additional $17,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976.”
Act June 29, 1956, ch. 462, title I, §102(a), 70 Stat. 374, authorized, for the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11, 1916, additional appropriations of $125,000,000 for the fiscal year ending June 30, 1957, $850,000,000 for the fiscal year ending June 30, 1958, and $875,000,000 for the fiscal year ending June 30, 1959, and provided for the percentage allocation of these funds for primary, secondary and urban systems and the manner of apportionment among the States.
Pub. L. 87–61, title I, §102, June 29, 1961, 75 Stat. 122, approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 11, 1961, as the basis for making the apportionment of funds authorized for the fiscal years ending June 30, 1963, 1964, 1965, and 1966.
Pub. L. 85–381, §8, Apr. 16, 1958, 72 Stat. 94, as amended 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, approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 7, 1958, as the basis for making the apportionment of funds authorized for the fiscal years ending June 30, 1960, 1961, and 1962.
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 Commerce, in cooperation with State highway departments, to make detailed revised estimates of the cost of completion of the system and to supply Congress with such revised estimate.