§ 104. Apportionment

§ 104. Apportionment

(a) Administrative Expenses.—

(1) In general.— There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

(A) $490,964,697 for fiscal year 2022;

(B) $500,783,991 for fiscal year 2023;

(C) $510,799,671 for fiscal year 2024;

(D) $521,015,664 for fiscal year 2025; and

(E) $531,435,977 for fiscal year 2026.

(2) Purposes.— The amounts authorized to be appropriated by this subsection shall be used—

(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;

(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and

(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.

(3) Availability.— The amounts made available under paragraph (1) shall remain available until expended.

(b) Division Among Programs of State’s Share of Base Apportionment.— The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 as follows:

(1) National highway performance program.— For the national highway performance program, 59.0771195921461 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(2) Surface transportation block grant program.— For the surface transportation block grant program, 28.7402203421251 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(3) Highway safety improvement program.— For the highway safety improvement program, 6.70605141316253 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(4) Congestion mitigation and air quality improvement program.—

(A) In general.— For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

(B) Total amount.— The total amount for the congestion mitigation and air quality improvement program for all States shall be—

(i) $2,536,490,803 for fiscal year 2022;

(ii) $2,587,220,620 for fiscal year 2023;

(iii) $2,638,965,032 for fiscal year 2024;

(iv) $2,691,744,332 for fiscal year 2025; and

(v) $2,745,579,213 for fiscal year 2026.

(C) State share.— For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

(ii) the total amount of funds apportioned to all States for that program for fiscal year 2020.

(5) National highway freight program.—

(A) In general.— For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).

(B) Total amount.— The total amount set aside for the national highway freight program for all States shall be—

(i) $1,373,932,519 for fiscal year 2022;

(ii) $1,401,411,169 for fiscal year 2023;

(iii) $1,429,439,392 for fiscal year 2024;

(iv) $1,458,028,180 for fiscal year 2025; and

(v) $1,487,188,740 for fiscal year 2026.

(C) State share.— For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that—

(i) the total base apportionment determined for the State under subsection (c); bears to

(ii) the total base apportionments for all States under subsection (c).

(6) Metropolitan planning.—

(A) In general.— To carry out section 134, an amount determined for the State under subparagraphs (B) and (C).

(B) Total amount.— The total amount for metropolitan planning for all States shall be—

(i) $438,121,139 for fiscal year 2022;

(ii) $446,883,562 for fiscal year 2023;

(iii) $455,821,233 for fiscal year 2024;

(iv) $464,937,657 for fiscal year 2025; and

(v) $474,236,409 for fiscal year 2026.

(C) State share.— For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that—

(i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to

(ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020.

(7) Carbon reduction program.— For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(8) PROTECT formula program.— To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(c) Calculation of Amounts.—

(1) State share.— For fiscal year 2022 and each fiscal year thereafter, the amount for each State shall be determined as follows:

(A) Initial amounts.— The initial amounts for each State shall be determined by multiplying—

(i) the base apportionment; by

(ii) the share for each State, which shall be equal to the proportion that—

(I) the amount of apportionments that the State received for fiscal year 2021; bears to

(II) the amount of those apportionments received by all States for that fiscal year.

(B) Guaranteed amounts.— The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is—

(i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are—

(I) attributable to highway users in the State; and

(II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date;

(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and

(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year.

(2) State apportionment.— On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1).

(d) Metropolitan Planning.—

(1) Use of amounts.—

(A) Use.—

(i) In general.— Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.

(ii) States receiving minimum apportionment.— A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning outside of urbanized areas.

(B) Unused funds.— Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.

(2) Distribution of amounts within states.—

(A) In general.— The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that—

(i) is developed by each State and approved by the Secretary; and

(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.

(B) Reimbursement.— Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.

(3) Determination of population figures.— For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code.

(e) Certification of Apportionments.—

(1) In general.— The Secretary shall—

(A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and

(B) to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized.

(2) Notice to states.— If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely manner.

(3) Apportionment calculations.—

(A) In general.— The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department.

(B) Prohibition on use of funds to hire contractors.— None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States.

(f) Transfer of Highway and Transit Funds.—

(1) Transfer of highway funds for transit projects.—

(A) In general.— Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.

(B) Non-federal share.— The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A).

(2) Transfer of transit funds for highway projects.—

(A) In general.— Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.

(B) Non-federal share.— The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A).

(3) Transfer of funds among states or to an operating administration of the department of transportation.—

(A) In general.— Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to an operating administration of the Department of Transportation, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated.

(B) Apportionment.— The transfer shall have no effect on any apportionment of amounts to a State under this section.

(C) Funds suballocated to urbanized areas.— Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.

(4) Transfer of obligation authority.— Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section.

(g) Highway Trust Fund Transparency and Accountability Reports.—

(1) Compilation of data.— Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

(2) Requirements.— The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website.

(3) Contents of reports.—

(A) Apportioned and allocated programs.— On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes—

(i) the amount of funding obligated by each State, year-to-date, for the current fiscal year;

(ii) the amount of funds remaining available for obligation by each State;

(iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;

(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary;

(v) the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to—

(I) program;

(II) funding category or subcategory;

(III) type of improvement;

(IV) State; and

(V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and

(vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126.

(B) Project data.— On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing—

(i) the specific location of the project;

(ii) the total cost of the project;

(iii) the amount of Federal funding obligated for the project;

(iv) the program or programs from which Federal funds have been obligated for the project;

(v) the type of improvement being made, such as categorizing the project as—

(I) a road reconstruction project;

(II) a new road construction project;

(III) a new bridge construction project;

(IV) a bridge rehabilitation project; or

(V) a bridge replacement project;

(vi) the ownership of the highway or bridge;

(vii) whether the project is located in an area of the State with a population of—

(I) less than 5,000 individuals;

(II) 5,000 or more individuals but less than 50,000 individuals;

(III) 50,000 or more individuals but less than 200,000 individuals; or

(IV) 200,000 or more individuals; and

(viii) available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.

(h) Base Apportionment Defined.— In this section, the term “base apportionment” means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86–70, § 21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86–657, § 8(g), July 14, 1960, 74 Stat. 525; Pub. L. 87–866, § 10(a), Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, §§ 2, 3, Oct. 24, 1963, 77 Stat. 276; Pub. L. 88–423, § 4(a), Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, § 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91–605, title I, §§ 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717; Pub. L. 93–87, title I, §§ 106(b), 111(a), 112, title II, § 227, Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94–280, title I, §§ 106(b), 107(b), 112(a)–(g), 113(a), title II, § 206, May 5, 1976, 90 Stat. 429, 430, 433–435, 453; Pub. L. 95–599, title I, §§ 108–110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696, 2699; Pub. L. 97–134, §§ 4(c), 5, Dec. 29, 1981, 95 Stat. 1700; Pub. L. 100–17, title I, §§ 102(b)(1), (2), 114(e)(1), Apr. 2, 1987, 101 Stat. 135, 153; Pub. L. 100–202, § 101(l) [title III, § 347(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 101–516, title III, § 333 (part), Nov. 5, 1990, 104 Stat. 2184; Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947; Pub. L. 102–240, title I, §§ 1001(c)–(e), 1003(e), 1006(e), (f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g), Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962, 1968; Pub. L. 104–59, title III, §§ 302, 319(a)(2), 337(f), title IV, § 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633; Pub. L. 105–130, §§ 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title I, §§ 1103(a)–(k), (o), 1212(a)(2)(A), June 9, 1998, 112 Stat. 118–125, 193; Pub. L. 105–206, title IX, § 9002(c)(3), July 22, 1998, 112 Stat. 835; Pub. L. 106–159, title I, § 101(b), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 108–178, § 4(d), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109–59, title I, §§ 1103, 1107–1109(a), 1118(b)(2), 1401(a)(3)(A), (b), Aug. 10, 2005, 119 Stat. 1161, 1166–1168, 1181, 1225; Pub. L. 110–244, title I, § 101(i), (m)(3)(A), June 6, 2008, 122 Stat. 1574, 1576; Pub. L. 112–141, div. A, title I, §§ 1105(a), 1519(c)(3), July 6, 2012, 126 Stat. 427, 575; Pub. L. 114–94, div. A, title I, §§ 1104(a)–(e)(1), 1402(a), 1446(d)(5)(A), Dec. 4, 2015, 129 Stat. 1329–1332, 1405, 1438; Pub. L. 117–58, div. A, title I, §§ 11104, 11525(b), Nov. 15, 2021, 135 Stat. 454, 607.)

Editorial Notes

References in Text

Subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) referred to in subsec. (f)(3)(C), means subsec. (b)(3) of this section as in effect on the day before the date of enactment of Pub. L. 112–141, which amended this section generally. The date of enactment of the MAP–21 is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

The date of enactment of the FAST Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

Codification

Another section 1003(e) of Pub. L. 102–240, as added by Pub. L. 105–130, § 2(d), is not classified to the Code.

Amendments

2021—Subsec. (a)(1)(A) to (E). Pub. L. 117–58, § 11104(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which authorized appropriations for fiscal years 2016 to 2020.

Subsec. (b). Pub. L. 117–58, § 11104(b)(1), in introductory provisions, inserted “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,” before “and to carry out section 134”.

Subsec. (b)(1). Pub. L. 117–58, § 11104(b)(2), substituted “59.0771195921461 percent” for “63.7 percent”.

Subsec. (b)(2). Pub. L. 117–58, § 11104(b)(3), substituted “28.7402203421251 percent” for “29.3 percent”.

Subsec. (b)(3). Pub. L. 117–58, § 11104(b)(4), substituted “6.70605141316253 percent” for “7 percent”.

Subsec. (b)(4). Pub. L. 117–58, § 11104(b)(5), added par. (4) and struck out former par. (4) which provided a means for determining the State’s share of base apportionment for the congestion mitigation and air quality improvement program.

Subsec. (b)(5)(B). Pub. L. 117–58, § 11104(b)(6)(A), added subpar. (B) and struck out former subpar. (B) which specified amounts set aside for the national highway freight program for fiscal years 2016 to 2020.

Subsec. (b)(5)(D). Pub. L. 117–58, § 11104(b)(6)(B), struck out subpar. (D). Text read as follows: “Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—

“(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to

“(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).”

Subsec. (b)(6) to (8). Pub. L. 117–58, § 11104(b)(7), added pars. (6) to (8) and struck out former par. (6) which related to determination of amount to carry out section 134 of this title regarding metropolitan planning.

Subsec. (c)(1). Pub. L. 117–58, § 11104(c)(1)(A), substituted “fiscal year 2022 and each fiscal year thereafter” for “each of fiscal years 2016 through 2020” in introductory provisions.

Subsec. (c)(1)(A)(i). Pub. L. 117–58, § 11104(c)(1)(B)(i), added cl. (i) and struck out former cl. (i) which read as follows: “each of—

“(I) the base apportionment;

“(II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and

“(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by”.

Subsec. (c)(1)(A)(ii)(I). Pub. L. 117–58, § 11104(c)(1)(B)(ii), substituted “fiscal year 2021” for “fiscal year 2015”.

Subsec. (c)(1)(B). Pub. L. 117–58, § 11104(c)(1)(C), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.”

Subsec. (c)(2). Pub. L. 117–58, § 11104(c)(2), substituted “fiscal year 2022 and each fiscal year thereafter” for “fiscal years 2016 through 2020” and inserted “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,” before “and to carry out section 134”.

Subsec. (d)(1)(A). Pub. L. 117–58, § 11104(d), substituted “subsection (b)(6)” for “paragraphs (5)(D) and (6) of subsection (b)” in cls. (i) and (ii).

Subsec. (f)(3). Pub. L. 117–58, § 11525(b)(1), substituted “an operating administration of the department of transportation” for “federal highway administration” in heading.

Subsec. (f)(3)(A). Pub. L. 117–58, § 11525(b)(2), substituted “an operating administration of the Department of Transportation” for “the Federal Highway Administration”.

Subsec. (h). Pub. L. 117–58, § 11104(f), redesignated subsec. (i) as (h), struck out dash after “means” and par. (1) designation before “the combined amount”, substituted “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.” for “and to carry out section 134; minus”, and struck out par. (2) which read as follows: “supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.” Former subsec. (h) struck out.

Pub. L. 117–58, § 11104(e), struck out subsec. (h) which related to reservation of supplemental funds for the national highway performance program and the surface transportation block grant program.

Subsec. (i). Pub. L. 117–58, § 11104(f)(1), redesignated subsec. (i) as (h).

2015—Subsec. (a)(1). Pub. L. 114–94, § 1104(a), amended par. (1) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

“(A) $454,180,326 for fiscal year 2013; and

“(B) $440,000,000 for fiscal year 2014.”

Subsec. (b). Pub. L. 114–94, § 1104(b)(1), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation and air quality improvement program, and to carry out section 134 as follows:”.

Subsec. (b)(1). Pub. L. 114–94, § 1104(b)(2), substituted “paragraphs (4), (5), and (6)” for “paragraphs (4) and (5)”.

Subsec. (b)(2). Pub. L. 114–94, § 1104(b)(2), (3), substituted “Surface transportation block grant program” for “Surface transportation program” in heading, “paragraphs (4), (5), and (6)” for “paragraphs (4) and (5)”, and “surface transportation block grant program” for “surface transportation program”.

Subsec. (b)(3). Pub. L. 114–94, § 1104(b)(2), substituted “paragraphs (4), (5), and (6)” for “paragraphs (4) and (5)”.

Subsec. (b)(4). Pub. L. 114–94, § 1104(b)(4), substituted “the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5)” for “the amount determined for the State under subsection (c)” in introductory provisions.

Subsec. (b)(5). Pub. L. 114–94, § 1104(b)(6), added par. (5). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 114–94, § 1104(b)(5), (7), redesignated former par. (5) as (6), and substituted “the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5)” for “the amount determined for the State under subsection (c)” in introductory provisions.

Subsec. (c). Pub. L. 114–94, § 1104(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to calculation of State amounts.

Subsec. (d)(1)(A). Pub. L. 114–94, § 1104(e)(1), substituted “paragraphs (5)(D) and (6) of subsection (b)” for “subsection (b)(5)” in two places.

Subsec. (e). Pub. L. 114–94, § 1446(d)(5)(A), repealed amendment by Pub. L. 112–141, § 1519(c)(3). See 2012 Amendment note below.

Subsec. (g). Pub. L. 114–94, § 1402(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to reports to Congress for each fiscal year.

Subsecs. (h), (i). Pub. L. 114–94, § 1104(d), added subsecs. (h) and (i).

2012—Pub. L. 112–141, § 1105(a), amended section generally. Prior to amendment, section related to apportionment and consisted of subsecs. (a) to (l).

Subsec. (e). Pub. L. 112–141, § 1519(c)(3), which directed amendment of subsec. (e) by striking out “, 105,” and could not be executed, was repealed by Pub. L. 114–94, § 1446(d)(5)(A).

2008—Subsec. (b)(5)(A)(iii). Pub. L. 110–244, § 101(i), substituted “Federal-aid highways” for “the Federal-aid system” in subcls. (I) and (II).

Subsec. (f)(1). Pub. L. 110–244, § 101(m)(3)(A), struck out “replacement and rehabilitation” after “highway bridge”.

2005—Subsec. (a). Pub. L. 109–59, § 1103(a)(1), reenacted heading without change and amended text of subsec. (a) generally, substituting provisions authorizing 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) Transfer of highway funds.—Funds made available under this title and transferred for transit projects of a type described in section 133(b)(2) shall be administered by the Secretary in accordance with chapter 53 of title 49, except that the provisions of this title relating to the non-Federal share shall apply to the transferred funds.

“(2) Transfer of transit funds.—Funds made available under chapter 53 of title 49 and transferred for highway projects shall be administered by the Secretary in accordance with this title, except that the provisions of such chapter relating to the non-Federal share shall apply to the transferred funds.

“(3) Transfer of obligation authority.—Obligation authority provided for projects described in paragraphs (1) and (2) shall be transferred in the same manner and amount as the funds for the projects are transferred.”

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) Railway-highway crossing hazard elimination in high speed rail corridors.—(A) Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,000,000 of the funds authorized to be appropriated for the surface transportation program for such fiscal year for elimination of hazards of railway-highway crossings in not to exceed 5 railway corridors selected by the Secretary in accordance with the criteria set forth in this paragraph.

“(B) A corridor selected by the Secretary under subparagraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reasonably be expected to occur in the future.”

Subsec. (d)(3). Pub. L. 105–178, § 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) Woodrow Wilson Memorial Bridge.—

“(1) Expenditure.—From any available administrative funds deducted under subsection (a), the Secretary shall obligate such sums as are necessary for each of fiscal years 1996 and 1997, and for the period of October 1, 1997, through March 31, 1998, for the rehabilitation of the Woodrow Wilson Memorial Bridge and for environmental studies and documentation, planning, preliminary engineering and design, and final engineering for a new crossing of the Potomac River as part of the Project, as defined by section 404 of the Woodrow Wilson Memorial Bridge Authority Act of 1995.

“(2) Federal share.—The Federal share of the cost of any project funded with amounts expended under paragraph (1) shall be 100 percent.”

Subsec. (j). Pub. L. 105–178, § 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.