Page 31 TITLE 23—HIGHWAYS § 104

tions thereof on the Interstate System (for which the

Secretary of Transportation finds that sufficient Interstate authorizations are available) must be under contract for construction or construction must have commenced. Immediately after such date, the Secretary

shall remove from designation as part of the Interstate

System each route or portion thereof not complying

with this subsection.’’

[Section 103(d)(2) of Pub. L. 100–17 provided that:

‘‘The amendments made by paragraph (1) [amending

section 107(e) of Pub. L. 95–599 set out above] shall take

effect September 29, 1986.’’]

INTERSTATE SYSTEM ROUTES WITHDRAWN FOR PURPOSE

OF DESIGNATING ALTERNATIVE ROUTES AS SUBJECT

TO ROUTE WITHDRAWAL PROVISIONS

Section 111(b) of Pub. L. 94–280 provided that: ‘‘The

amendment made by subsection (a) of this section [to

fourth sentence of subsec. (e)(2) of this section] shall be

applicable to each route on the Interstate System approval of which was withdrawn or is hereafter withdrawn by the Secretary of Transportation in accordance with the provisions of section 103(e)(2) of title 23,

United States Code, including any route on the Interstate System approval of which was withdrawn by the

Secretary of Transportation in accordance with the

provisions of title 23, United States Code, on August 30,

1965, for the purpose of designating an alternative

route.’’

INTERSTATE SYSTEM SUBSECTION (e)(4) PROVISIONS IN

EFFECT PRIOR TO AMENDMENT BY PUB. L. 94–280,

§110; ROUTE WITHDRAWALS WITHIN URBANIZED

AREAS; AVAILABILITY OF MILEAGE IN OTHER STATES;

PUBLIC MASS TRANSIT NONHIGHWAY PROJECTS; GENERAL FUNDS UNAVAILABLE FOR OBLIGATION AFTER

JUNE 30, 1981; SUPPLEMENTARY FUNDS; URBAN MASS

TRANSPORTATION PROVISIONS APPLICABLE

Section 103(e)(4) of this title, as added Pub. L. 93–87,

title I, §137(b), Aug. 13, 1973, 87 Stat. 269, and amended

Pub. L. 93–643, §125(b), Jan. 4, 1975, 88 Stat. 2290, read

prior to amendment by section 110 of Pub. L. 94–280 [set

out in the text] as follows: ‘‘Upon the joint request of

a State Governor and the local governments concerned,

the Secretary may withdraw his approval of any route

or portion thereof on the Interstate System within any

urbanized area in that State selected and approved in

accordance with this title prior to the enactment of

this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified

and connected Interstate System or will no longer be

essential by reason of the application of this paragraph

and will not be constructed as a part of the Interstate

System, and if he receives assurances that the State

does not intend to construct a toll road in the traffic

corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph

shall be available for designation on the Interstate System in any other State in accordance with paragraph

(1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in

lieu of a route or portion thereof approval for which is

withdrawn under this paragraph, their needs require a

nonhighway public mass transit project involving the

construction of fixed rail facilities, or the purchase of

passenger equipment, including rolling stock for any

mode of mass transit, or both, and the State highway

department determines that such public mass transit

project is in accordance with the planning process

under section 134 of this title and is entitled to priority

under such planning process, such public mass transit

project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be

deemed a contractual obligation of the United States

for payment out of the general funds in the Treasury of

its proportional share of the cost of such project in an

amount equal to the Federal share which would be paid

for such a project under the Urban Mass Transportation Act of 1964 [section 1601 et seq. of Title 49, Transportation], except that the total Federal cost of all

such projects under this paragraph with respect to such

route or portion thereof approval of which is withdrawn

under this paragraph, shall not exceed the Federal

share of the cost which would have been paid for such

route or portion thereof, as such cost is included in the

1972 Interstate System cost estimate set forth in table

5 of House Public Works Committee Print Numbered

92–29, as revised in House Report Numbered 92–1443, increased or decreased, as the case may be, as determined

by the Secretary, based on changes in construction

costs of such route or portion thereof as of the date of

withdrawal of approval under this paragraph and in accordance with that design of such route or portion

thereof which is the basis of such 1972 cost estimate.

Funds apportioned to such State for the Interstate System, which apportionment is based upon an Interstate

System cost estimate that includes a route or portion

thereof approval of which is withdrawn under this paragraph, shall be reduced by an amount equal to the Federal share of such project as such share becomes a contractual obligation of the United States. No general

funds shall be obligated under authority of this paragraph after June 30, 1981. No nonhighway public mass

transit project shall be approved under this paragraph

unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project.

The provision of assistance under this paragraph shall

not be construed as bringing within the application of

chapter 15 of title 5, United States Code [section 1501 et

seq. of Title 5, Government Organization and Employees], any nonsupervisory employee of an urban mass

transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph

shall be supplementary to and not in substitution for

funds authorized and available for obligation pursuant

to the Urban Mass Transportation Act of 1964, as

amended [section 1601 et seq. of Title 49, Transportation]. The provisions of section 3(e)(4) of the Urban

Mass Transportation Act of 1964, as amended, [section

1602 (e)(4) of Title 49], shall apply in carrying out this

paragraph.’’

BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT

Section 148(d) of Pub. L. 93–87 provided that: ‘‘Federal-aid systems realignment shall be based upon anticipated functional usage in the year 1980 or a planned

connected system.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 104, 115, 118,

119, 124, 139, 157, 307 of this title; title 49 sections 5309,

5323, 5327, 5331, 5338.

§ 104. Apportionment

(a) Whenever an apportionment is made of the

sums authorized to be appropriated for expenditure on the surface transportation program, the

congestion mitigation and air quality improvement program, the National Highway System,

and the Interstate System, the Secretary shall

deduct a sum, in such amount not to exceed 33

⁄4

per centum of all sums so authorized as the Secretary may deem necessary for administering

the provisions of law to be financed from 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
§ 104 TITLE 23—HIGHWAYS Page 32

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.

(b) On October 1, of each fiscal year except as

provided in paragraph (5)(A) of this subsection,

the Secretary, after making the deduction authorized by subsection (a) of this section and the

set asides authorized by subsection (f) of this

section and section 307 of this title, shall apportion the remainder 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 for that fiscal year, among the several

States in the following manner:

(1) NATIONAL HIGHWAY SYSTEM.—For the National Highway System 1 percent to the Virgin

Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the

remaining 99 percent apportioned in the same

ratio as funds are apportioned under paragraph

(3).

(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—For the congestion mitigation and air quality improvement program, in

the ratio which the weighted nonattainment

area population of each State bears to the total

weighted nonattainment area population of all

States. The weighted nonattainment area population shall be calculated by multiplying the

population of each area within any State that

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 by a

factor of—

(A) 1.0 if the area is classified as a marginal

ozone nonattainment area under subpart 2 of

part D of title I of the Clean Air Act;

(B) 1.1 if the area is classified as a moderate

ozone nonattainment area under such subpart;

(C) 1.2 if the area is classified as a serious

ozone nonattainment area under such subpart;

(D) 1.3 if the area is classified as a severe

ozone nonattainment area under such subpart;

or

(E) 1.4 if the area is classified as an extreme

ozone nonattainment area under such subpart.

If the area was also classified under subpart 3 of

part D of title I of such Act as a nonattainment

area for carbon monoxide during any part of fiscal year 1994, for purposes of calculating the

weighted nonattainment area population, the

weighted nonattainment area population of the

area, as determined under the preceding provisions of this paragraph, shall be further multiplied by a factor of 1.2. Notwithstanding any

provision of this paragraph, in the case of States

with a total 1990 census population of 15,000,000

or greater, the amount apportioned under this

paragraph in a fiscal year to all of such States

in the aggregate, shall be distributed among

such States based on their relative populations;

except that none of such States shall be distributed more than 42 percent of the aggregate

amount so apportioned to all of such States.

Notwithstanding any other provision of this

paragraph, each State shall receive a minimum

apportionment of 1

⁄2 of 1 percent of the funds apportioned under this paragraph. The Secretary

shall use estimates prepared by the Secretary of

Commerce when determining population figures.

(3) SURFACE TRANSPORTATION PROGRAM.—

(A) GENERAL RULE.—For the surface transportation program in a manner so that a

State’s current percentage share of apportionments is equal to the State’s 1987–1991 percentage share of apportionments. For purposes of

this paragraph—

(i) a State’s current percentage share of

apportionments is the State’s percentage

share of all funds apportioned for a fiscal

year under paragraph (1) for the National

Highway System, under section 144 for the

bridge program, under paragraph (5)(B) for

Interstate maintenance, and under this paragraph; and

(ii) a State’s 1987–1991 percentage share of

apportionments is the State’s percentage

share of all apportionments and allocations

under this title for fiscal years 1987, 1988,

1989, 1990, and 1991 (except apportionments

and allocations for Interstate construction

under sections 104(b)(5)(A) and 118, Interstate

highway substitute under section 103(e)(4),

Federal lands highways under section 202,

and emergency relief under section 125, all

allocations under section 149 of the Surface

Transportation and Uniform Relocation Assistance Act of 1987, and the portion of allocations under section 157 (relating to minimum allocation) that would be attributable

to apportionments made under Interstate

construction and Interstate highway substitute programs under sections 104(b)(5)(A)

and 103(e)(4), respectively, for such fiscal

years if the minimum allocation percentage

for such fiscal years had been 90 percent instead of 85 percent).

(B) CALCULATION RULES.—In calculating a

State’s percentage share under this paragraph

for the purpose of making apportionments for

fiscal years 1992, 1993, 1994, 1995, 1996, and 1997,

each State shall be treated as having received

1

⁄2 of 1 percent of all funds apportioned for the

Interstate construction program under section

104(b)(5)(A) in fiscal years 1987, 1988, 1989, 1990,

and 1991. Notwithstanding any other provision

of this paragraph, in any fiscal year no State

shall receive a percentage of total apportionments and allocations that is less than 70 percent of its percentage of total apportionments

and allocations for fiscal years 1987, 1988, 1989,

1990, and 1991, except for those States that receive an apportionment for Interstate construction under paragraph (5)(A) of more than

$50,000,000 for fiscal year 1992.

(4) For the Interstate System, for the fiscal

years ending June 30, 1957, June 30, 1958, and

June 30, 1959:

One-half in the ratio which the population of

each State bears to the total population of all

the States as shown by the latest available

Federal census, except that no States shall receive less than three-fourths of 1 per centum

of the funds so apportioned; and one-half in

the manner provided in paragraph (1) of this

subsection. The sums authorized by section
Page 33 TITLE 23—HIGHWAYS § 104

108(b) of the Federal-Aid Highway Act of 1956

for the fiscal years ending June 30, 1958, and

June 30, 1959, shall be apportioned on a date

not less than six months and not more than

twelve months in advance of the beginning of

the fiscal year for which authorized.

(5)(A) Except as provided in subparagraph

(B)—For the Interstate System for the fiscal

years 1960 through 1996:

For the fiscal years 1960 through 1966, in the

ratio which the estimated cost of completing

the Interstate System in such State, as determined and approved in the manner provided in

this paragraph, bears to the sum of the estimated cost of completing the Interstate System in all of the States. For the fiscal years

1967 through 1990, in the ratio which the Federal share of the estimated cost of completing

the Interstate System in such State, as determined and approved in the manner provided in

this paragraph, bears to the sum of the estimated cost of the Federal share of completing

the Interstate System in all of the States.

Each apportionment herein authorized for the

fiscal years 1960 through 1996, inclusive, shall

be made on October 1 of the year preceding the

fiscal year for which authorized. As soon as

the standards provided for in subsection (b) of

section 109 of this title have been adopted, the

Secretary, in cooperation with the State highway departments, shall make a detailed estimate of the cost of completing the Interstate

System as then designated, after taking into

account all previous apportionments made

under this section, based upon such standards

and in accordance with rules and regulations

adopted by him and applied uniformly to all of

the States. The Secretary shall transmit such

estimates to the Senate and the House of Representatives within ten days subsequent to

January 2, 1958. Upon approval of such estimate by the Congress by concurrent resolution, the Secretary shall use such approved estimate in making apportionments for the fiscal years ending June 30, 1960, June 30, 1961,

and June 30, 1962. 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 ten days subsequent to January 2, 1961.

Upon approval of such estimate by the Congress by concurrent resolution, the Secretary

shall use such approved estimate in making

apportionments for the fiscal years ending

June 30, 1963, June 30, 1964, June 30, 1965, and

June 30, 1966. 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 ten days subsequent to January 2, 1965.

Upon the approval of such estimate by the

Congress, the Secretary shall use the Federal

share of such approved estimate in making apportionments for the fiscal years ending June

30, 1967; June 30, 1968; and June 30, 1969. 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 ten days subsequent to January 2, 1968. Upon the approval

by the Congress, the Secretary shall use the

Federal share of such approved estimate in

making apportionments for the fiscal years

ending June 30, 1970, and June 30, 1971. 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 on April 20, 1970.

Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for

the fiscal years ending June 30, 1972, and June

30, 1973. 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 ten days subsequent to January 2, 1972.

Upon the approval by Congress, the Secretary

shall use the Federal share of such approved

estimate in making apportionments for the

fiscal years ending June 30, 1974, June 30, 1975,

and June 30, 1976. 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 ten days subsequent to January 2, 1975.

Upon the approval by Congress, the Secretary

shall use the Federal share of such approved

estimate in making the apportionment for the

fiscal year ending September 30, 1977. The Secretary shall make the apportionment for the

fiscal year ending September 30, 1978 in accordance with section 103 of the Federal-Aid

Highway Act of 1976. 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 ten days subsequent to

January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal

share of such approved estimates in making

apportionments for the fiscal years ending

September 30, 1979, and September 30, 1980. 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 ten days subsequent to January 2, 1979. Upon the approval
§ 104 TITLE 23—HIGHWAYS Page 34

1See References in Text note below.

2So in original. The comma probably should not appear.

by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending

September 30, 1981, and September 30, 1982. 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 ten days subsequent to January 2, 1981. Upon the approval

by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending

September 30, 1983, and September 30, 1984. 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 ten days subsequent to January 2, 1983. Upon the approval

by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending

September 30, 1985, and September 30, 1986. 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 ten days subsequent to January 2, 1985. Upon the approval

by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending

September 30, 1987, and September 30, 1988. 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 ten days subsequent to January 2, 1987. Upon the approval

by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending

September 30, 1989, and September 30, 1990. 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. Whenever the Secretary, pursuant to this

subsection, requests and receives estimates of

cost from the State highway departments, he

shall furnish copies of such estimates at the

same time to the Senate and the House of Representatives. The Secretary shall not include

in any estimate submitted under this provision after December 31, 1978, any cost of a

project to expand or clear zones immediately

adjacent to the paved roadway of routes designed prior to February, 1967. Notwithstanding any other provisions of this subparagraph,

the Secretary in making the revised estimate

of the cost of completing the then designated

Interstate System for the purpose of transmitting it to the Senate and House of Representatives within ten days subsequent to January 2,

1983, or thereafter, shall include only those

costs eligible for funds authorized by subsection (b) of section 108 of the Federal-Aid

Highway Act of 1956, as amended, including

the amendments made by section 4 of the Federal-Aid Highway Act of 1981. 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. 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. 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) 1 of

this title.

(B) For resurfacing, restoring, rehabilitating,

and reconstructing the Interstate System:

55 per centum in the ratio that lane miles on

the Interstate routes designated under sections 103 and 139(c) of this title and routes on

the Interstate System designated under section 139(a) of this title before March 9, 1984,2

(other than those on toll roads not subject to

a Secretarial agreement provided for in sec-
Page 35 TITLE 23—HIGHWAYS § 104

tion 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 and

routes on the Interstate System designated

under section 139(a) of this title before March

9, 1984,2 (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 vehicle miles in all States. Notwithstanding the preceding sentence, 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.

(6) For the Federal-aid urban systems:

In the ratio which the population in urban

areas, or parts thereof, in each State bears to

the total population in such urban areas, or

parts thereof, in all the States as shown by the

latest available Federal census. No State shall

receive less than one-half of 1 per centum of

each year’s apportionment.

(c) TRANSFERABILITY OF NHS APPORTIONMENTS.—A State may transfer not to exceed 50

percent of the State’s apportionment under subsection (b)(1) to the apportionment of the State

under subsection (b)(3). A State may transfer

not to exceed 100 percent of the State’s apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if

the State requests to make such transfer and

the Secretary approves such transfer as being in

the public interest, after providing notice and

sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred

under this subsection.

(d) OPERATION LIFESAVER AND HIGH SPEED

RAIL CORRIDORS.—

(1) OPERATION LIFESAVER.—The Secretary

shall expend, from administrative funds deducted under subsection (a), $300,000 for each

fiscal year for carrying out a public information and education program to help prevent

and reduce motor vehicle accidents, injuries,

and fatalities and to improve driver performance at railway-highway crossings.

(2) RAILWAY-HIGHWAY CROSSING HAZARD

ELIMINATION IN HIGH SPEED RAIL CORRIDORS.—

(A) 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.

(3) 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.

(e) On October 1, of each fiscal year the Secretary shall certify to each of the State highway

departments the sums which he has apportioned

hereunder (other than 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. 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. To permit the States to develop

adequate plans for the utilization of apportioned

sums, the Secretary shall advise each State of

the amount that will be apportioned each year

under this section not later than ninety days before the beginning of the fiscal year for which

the sums to be apportioned are authorized, except that in the case of the Interstate System

the Secretary shall advise each State ninety

days prior to the apportionment of such funds.

(f)(1) 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, 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.

(2) These funds shall be apportioned to the

States in the ratio which the population in urbanized areas or parts thereof, in each State

bears to the total population in such urbanized

areas in all the States as shown by the latest

available census, except that no State shall receive less than one-half per centum of the

amount apportioned.

(3) The funds apportioned to any State under

paragraph (2) of this subsection shall be made

available by the State to the metropolitan planning organizations responsible for carrying out

the provisions of section 134 of this title, except

that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the

funds apportioned to finance transportation

planning outside of urbanized areas. These funds

shall be matched in accordance with section
§ 104 TITLE 23—HIGHWAYS Page 36

3See References in Text note below.

120(j) 3 of this title unless the Secretary determines that the interests of the Federal-aid highway program would be best served without such

matching.

(4) The distribution within any State of the

planning funds made available to agencies under

paragraph (3) of this subsection shall be in accordance with a formula developed by each

State and approved by the Secretary which shall

consider but not necessarily be limited to, population, status of planning, attainment of air

quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to

carry out the requirements of section 134 and

other applicable requirements of Federal law.

(5) DETERMINATION OF POPULATION FIGURES.—

For the purposes of determining population figures under this subsection, the Secretary shall

use the most recent estimate published by the

Secretary of Commerce.

(g) Not more than 40 per centum of the

amount apportioned in any fiscal year to each

State in accordance with sections 130, 144, and

152 of this title may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a

transfer is requested by the State highway 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 highway

department, and is approved by the Secretary as

being in the public interest, if he has received

satisfactory assurances from such State highway 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) NATIONAL RECREATIONAL TRAILS FUNDING.—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.

(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.

(j) 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.

(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.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (b)(2), is act

July 14, 1955, ch. 360, 69 Stat. 322, as amended. Subpart

2 of part D of title I of the Act is classified to subpart

2 (§7511 et seq.) of part D of subchapter I of chapter 85

of Title 42, The Public Health and Welfare. Subpart 3 of

part D of title I of the Act is classified to subpart 3

(§7512 et seq.) of part D of subchapter I of chapter 85 of

Title 42. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of

Title 42 and Tables.

Section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, referred to in
Page 37 TITLE 23—HIGHWAYS § 104

subsec. (b)(3)(A)(ii), is section 149 of Pub. L. 100–17, title

I, Apr. 2, 1987, 101 Stat. 181, which is not classified to

the Code.

Section 108(b) of the Federal-Aid Highway Act of 1956,

referred to in subsec. (b)(4), is section 108(b) of act June

29, 1956, as amended, including the amendments made

by section 4 of the Federal-Aid Highway Act of 1981,

Pub. L. 97–134, which is set out as a note under section

101 of this title.

Section 103 of the Federal-Aid Highway Act of 1976,

referred to in subsec. (b)(5)(A), is section 103 of Pub. L.

94–280, which was formerly set out as a note below.

The date of the enactment of the Intermodal Surface

Transportation Efficiency Act of 1991, referred to in

subsec. (b)(5)(A), is the date of enactment of Pub. L.

102–240, which was approved Dec. 18, 1991.

Section 118(b) of this title, referred to in subsec.

(b)(5)(A), was struck out and a new subsec. (b) was

added by Pub. L. 102–240, title I, §1020(a), Dec. 18, 1991,

105 Stat. 1948. Provisions formerly contained in subsec.

(b)(2) of section 118 now appear in subsec. (b)(1).

Section 105 of the Federal-Aid Highway Act of 1978,

referred to in subsec. (b)(5)(B), is section 105 of Pub. L.

95–599, title I, Nov. 6, 1978, 92 Stat. 2692, which is not

classified to the Code.

Section 120(j) of this title, referred to in subsec. (f)(3),

was repealed by Pub. L. 102–240, title I, §1021(b)(1), Dec.

18, 1991, 105 Stat. 1951.

Section 404 of the Woodrow Wilson Memorial Bridge

Authority Act of 1995, referred to in subsec. (i)(1), is

section 404 of Pub. L. 104–59, title IV, Nov. 28, 1995, 109

Stat. 628, which is not classified to the Code.

The date of enactment of this subsection, referred to

in subsec. (j), is the date of enactment of Pub. L. 95–599,

which was approved Nov. 6, 1978.

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

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 onethird 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; onethird 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
§ 104 TITLE 23—HIGHWAYS Page 38

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.
Page 39 TITLE 23—HIGHWAYS § 104

‘‘(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 onehalf 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.
§ 104 TITLE 23—HIGHWAYS Page 40

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, ‘‘onethird 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
Page 41 TITLE 23—HIGHWAYS § 104

subsec. (b)(2) funds apportioned for Federal-aid secondary system to a State for projects on another Federalaid 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).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1100 of title I of Pub. L. 102–240 provided that:

‘‘(a) GENERAL RULE.—This title [see Tables for classification], including the amendments made by this title,

shall take effect on the date of the enactment of this

Act [Dec. 18, 1991].

‘‘(b) APPLICABILITY.—The amendments made by this

title shall apply to funds authorized to be appropriated

or made available after September 30, 1991, and, except

as otherwise provided in subsection (c), shall not apply

to funds appropriated or made available on or before

September 30, 1991.

‘‘(c) UNOBLIGATED BALANCES.—

‘‘(1) IN GENERAL.—Unobligated balances of funds apportioned to a State under sections 104(b)(1), 104(b)(2),

104(b)(5)(B), and 104(b)(6) of title 23, United States

Code, before October 1, 1991, shall be available for obligation in that State under the law, regulations,

policies and procedures relating to the obligation and

expenditure of those funds in effect on September 30,

1991.

‘‘(2) TRANSFERABILITY.—

‘‘(A) PRIMARY SYSTEM.—A State may transfer unobligated balances of funds apportioned to the

State for the Federal-aid primary system before October 1, 1991, to the apportionment to such State

under section 104(b)(1) or 104(b)(3) of title 23, United

States Code, or both.

‘‘(B) SECONDARY AND URBAN SYSTEM.—A State

may transfer unobligated balances of funds apportioned to the State for the Federal-aid secondary

system or the Federal-aid urban system before October 1, 1991, to the apportionment to such State

under section 104(b)(3) of such title.

‘‘(C) APPLICABILITY OF CERTAIN LAWS, REGULATIONS, POLICIES, AND PROCEDURES.—Funds transferred under this paragraph shall be subject to the

laws, regulations, policies, and procedures relating

to the apportionment to which they are transferred.’’

EFFECTIVE DATE OF 1976 AMENDMENT; APPLICABLE

PROVISIONS DEPENDENT ON FISCAL FUND AUTHORIZATIONS

Section 113(b) of Pub. L. 94–280 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall take effect on July 1, 1976,
§ 104 TITLE 23—HIGHWAYS Page 42

and shall be applicable with respect to funds authorized

for the fiscal year ending September 30, 1977, and for

subsequent fiscal years. With respect to the fiscal year

1976 and earlier fiscal years, the provisions of subsections (c) and (d) of section 104 of title 23, United

States Code, as in effect on June 30, 1976, shall remain

applicable to funds authorized for such years.’’

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 10(b) of Pub. L. 87–866 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall be applicable only with

respect to apportionments made after the date of enactment of this Act [Oct. 23, 1962].’’

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86–70 effective July 1, 1959, see

section 21(e) of Pub. L. 86–70, set out as a note under

section 101 of this title.

CONSTRUCTION OF 1990 AMENDMENT

Section 333(d) of Pub. L. 102–143 provided that: ‘‘The

amendments made by section 333 of the Department of

Transportation and Related Agencies Appropriations

Act, 1991 (104 Stat. 2184–2186) [Pub. L. 101–516, amending

this section and enacting provisions formerly set out as

a note below] shall be treated as having not been enacted into law.’’

ADVANCES

Section 2 of Pub. L. 105–130 provided that:

‘‘(a) IN GENERAL.—The Secretary of Transportation

(referred to in this Act as the ‘Secretary’) shall apportion funds made available under section 1003(d) of the

Intermodal Surface Transportation Efficiency Act of

1991 [see 111 Stat. 2553] to each State in the ratio that—

‘‘(1) the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid

highway program; bears to

‘‘(2) all States’ total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid

highway program.

‘‘(b) PROGRAMMATIC DISTRIBUTIONS.—

‘‘(1) PROGRAMS.—Of the funds to be apportioned to

each State under subsection (a), the Secretary shall

ensure that the State is apportioned an amount of

the funds, determined under paragraph (2), for the

Interstate maintenance program, the National Highway System, the bridge program, the surface transportation program, the congestion mitigation and air

quality improvement program, minimum allocation

under section 157 of title 23, United States Code,

Interstate reimbursement under section 160 of that

title, the donor State bonus under section 1013(c) of

the Intermodal Surface Transportation Efficiency

Act of 1991 (105 Stat. 1940) [Pub. L. 102–240, set out as

a note under section 157 of this title], hold harmless

under section 1015(a) of that Act (105 Stat. 1943) [set

out below], 90 percent of payments adjustments under

section 1015(b) of that Act (105 Stat. 1944) [set out

below], section 1015(c) of that Act (105 Stat. 1944) [set

out below], an amount equal to the funds provided

under sections 1103 through 1108 of that Act (105 Stat.

2027) [see Tables for classification], and funding restoration under section 202 of the National Highway

System Designation Act of 1995 (109 Stat. 571).

‘‘(2) IN GENERAL.—The amount that each State shall

be apportioned under this subsection for each item

referred to in paragraph (1) shall be determined by

multiplying—

‘‘(A) the amount apportioned to the State under

subsection (a); by

‘‘(B) the ratio that—

‘‘(i) the amount of funds apportioned for the

item, or allocated under sections 1103 through

1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027), to the State

for fiscal year 1997; bears to

‘‘(ii) the total of the amount of funds apportioned for the items, and allocated under those

sections, to the State for fiscal year 1997.

‘‘(3) USE OF FUNDS.—Amounts apportioned to a

State under subsection (a) attributable to sections

1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 shall be available to the

State for projects eligible for assistance under chapter 1 of title 23, United States Code.

‘‘(4) ADMINISTRATION.—Funds authorized by the

amendment made by subsection (d) shall be administered as if they had been apportioned, allocated, deducted, or set aside, as the case may be, under title

23, United States Code; except that the deduction

under section 104(a) of title 23, United States Code,

the set-asides under section 104(b)(1) of that title for

the territories and under section 104(f)(1) of that title

for metropolitan planning, and the expenditure required under section 104(d)(1) of that title shall not

apply to those funds.

‘‘(c) REPAYMENT FROM FUTURE APPORTIONMENTS.—

‘‘(1) IN GENERAL.—The Secretary shall reduce the

amount that would, but for this section, be apportioned to a State for programs under chapter 1 of

title 23, United States Code, for fiscal year 1998 under

a law reauthorizing the Federal-aid highway program

enacted after the date of enactment of this Act [Dec.

1, 1997] by the amount that is apportioned to each

State under subsection (a) and section 5(f) [Pub. L.

105–130, 111 Stat. 2558] for each such program.

‘‘(2) PROGRAM CATEGORY RECONCILIATION.—The Secretary may establish procedures under which funds

apportioned under subsection (a) for a program category for which funds are not authorized under a law

described in paragraph (1) may be restored to the

Federal-aid highway program.

‘‘(d) AUTHORIZATION OF CONTRACT AUTHORITY.—

[Amended section 1003 of Pub. L. 102–240.]

‘‘(e) LIMITATION ON OBLIGATIONS.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), after

the date of enactment of this Act [Dec. 1, 1997], the

Secretary shall allocate to each State an amount of

obligation authority made available under the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66 [see Tables

for classification]) that is—

‘‘(A) equal to the greater of—

‘‘(i) the State’s unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations; or

‘‘(ii) 50 percent of the State’s total fiscal year

1997 obligation authority for funds apportioned

for the Federal-aid highway program; but

‘‘(B) not greater than 75 percent of the State’s

total fiscal year 1997 obligation authority for funds

apportioned for the Federal-aid highway program.

‘‘(2) LIMITATION ON AMOUNT.—The total of all allocations under paragraph (1) shall not exceed

$9,786,275,000.

‘‘(3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a State shall not obligate any funds for

any Federal-aid highway program project after May

1, 1998, until the earlier of the date of enactment of

a multiyear law reauthorizing the Federal-aid highway program or July 1, 1998.

‘‘(B) REOBLIGATION.—Subparagraph (A) shall not

preclude the reobligation of previously obligated

funds.

‘‘(C) DISTRIBUTION OF REMAINING OBLIGATION AUTHORITY.—On the earlier of the date of enactment

of a law described in subparagraph (A) or July 1,

1998, the Secretary shall distribute to each State

any remaining amounts of obligation authority for

Federal-aid highways and highway safety construction programs by allocation in accordance with section 310(a) of the Department of Transportation and
Page 43 TITLE 23—HIGHWAYS § 104

Related Agencies Appropriations Act, 1998 (Public

Law 105–66) [set out below].

‘‘(D) CONTRACT AUTHORITY.—No contract authority made available to the States prior to July 1,

1998, shall be obligated after that date until such

time as a multiyear law reauthorizing the Federalaid highway program has been enacted.

‘‘(4) TREATMENT OF OBLIGATIONS.—Any obligation of

an allocation of obligation authority made under this

subsection shall be considered to be an obligation for

Federal-aid highways and highway safety construction programs for fiscal year 1998 for the purposes of

the matter under the heading ‘(LIMITATION ON OBLIGATIONS)’ under the heading ‘FEDERAL-AID HIGHWAYS’ in

title I of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law

105–66 [111 Stat. 1431]).’’

EFFECT OF LIMITATION ON APPORTIONMENT

Section 319(c) of Pub. L. 104–59 provided that: ‘‘Notwithstanding any other provision of law, for each of fiscal years 1996 and 1997, the amendments made by subsection (a) [amending this section and section 149 of

this title] shall not affect any apportionment adjustments under section 1015 of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 1943)

[Pub. L. 102–240, set out below].’’

COMPLETION OF INTERSTATE SYSTEM

Section 1001(a) of Pub. L. 102–240 provided that: ‘‘Congress declares that the authorizations of appropriations

and apportionments for construction of the Dwight D.

Eisenhower National System of Interstate and Defense

Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] made by this section (including the amendments made by this section [amending this section and section 101 of this title]) are the

final authorizations of appropriations and apportionments for completion of construction of such System.’’

APPORTIONMENT ADJUSTMENTS

Section 1015 of Pub. L. 102–240 provided that:

‘‘(a) HOLD HARMLESS.—

‘‘(1) GENERAL RULE.—The amount of funds which,

but for this subsection, would be apportioned to a

State for each of the fiscal years 1992 through 1997

under section 104(b)(3) of title 23, United States Code,

for the surface transportation program shall be increased or decreased by an amount which, when

added to or subtracted from the aggregate amount of

funds apportioned to the State for such fiscal year

and funds allocated to the State for the prior fiscal

year under section 104(b) of such title, section

103(e)(4) for Interstate highway substitute, section 144

of such title, section 157 of such title, under section

202 of such title for the Federal lands highways program, section 160 of such title for the reimbursement

program, and section 1013(c) of this Act [23 U.S.C. 157

note] for the donor State bonus program, will result

in the percentage of amounts so apportioned and allocated to all States being equal to the percentage listed for such State in paragraph (2).

‘‘(2) STATE PERCENTAGES.—For purposes of paragraph (1) the percentage of amounts apportioned and

allocated which are referred to in paragraph (1) for

each State, and the District of Columbia shall be determined in accordance with the following table:

Adjustment

States Percentage

Alabama ............................................... 1.74

Alaska .................................................. 1.28

Arizona ................................................ 1.49

Arkansas .............................................. 1.20

California ............................................. 9.45

Colorado ............................................... 1.35

Connecticut ......................................... 1.78

Delaware .............................................. 0.41

District of Columbia ............................ 0.53

Florida ................................................. 4.14

Georgia ................................................ 2.97

Hawaii .................................................. 0.57

Idaho .................................................... 0.69

Illinois ................................................. 3.72

Indiana ................................................. 2.20

Iowa ..................................................... 1.25

Kansas .................................................. 1.14

Kentucky ............................................. 1.52

Louisiana ............................................. 1.55

Maine ................................................... 0.50

Maryland ............................................. 1.69

Massachusetts ...................................... 4.36

Michigan .............................................. 2.81

Minnesota ............................................ 1.58

Mississippi ........................................... 1.15

Missouri ............................................... 2.23

Montana ............................................... 0.97

Nebraska .............................................. 0.83

Nevada ................................................. 0.64

New Hampshire .................................... 0.48

New Jersey ........................................... 2.87

New Mexico .......................................... 1.08

New York ............................................. 5.37

North Carolina ..................................... 2.65

North Dakota ....................................... 0.62

Ohio ..................................................... 3.73

Oklahoma ............................................ 1.42

Oregon ................................................. 1.26

Pennsylvania ....................................... 4.38

Rhode Island ........................................ 0.54

South Carolina ..................................... 1.41

South Dakota ...................................... 0.71

Tennessee ............................................. 2.08

Texas ................................................... 6.36

Utah ..................................................... 0.77

Vermont ............................................... 0.44

Virginia ............................................... 2.27

Washington .......................................... 2.06

West Virginia ....................................... 0.94

Wisconsin ............................................. 1.70

Wyoming .............................................. 0.67

‘‘(b) 90 PERCENT OF PAYMENT ADJUSTMENTS.—

‘‘(1) GENERAL RULE.—For each of fiscal years 1992

through 1997, the Secretary shall allocate among the

States amounts sufficient to ensure that a State’s

total apportionments for such fiscal year and allocations for the prior fiscal year under section 104(b) of

such title, section 103(e)(4) for Interstate highway

substitute, section 144 of such title, section 157 of

such title, section 202 of such title for the Federal

lands highways program, section 1013(c) of this Act

[23 U.S.C. 157 note] for the donor State bonus program, section 160 of such title for the reimbursement

program, and subsection (a) of this section for hold

harmless is not less than 90 percent of the estimated

tax payments attributable to highway users in the

State paid into the Highway Trust Fund (other than

Mass Transit Account) in the latest fiscal year in

which data is available.

‘‘(2) TRANSFER OF ALLOCATED AMOUNTS TO STP APPORTIONMENT.—Subject to subsection (d) of this section, the Secretary shall transfer amounts allocated

to a State pursuant to paragraph (1) to the apportionment of such State under section 104(b)(3) for the surface transportation program.

‘‘(c) ADDITIONAL ALLOCATION.—Subject to subsection

(d) of this section, the Secretary shall allocate to the

State of Wisconsin $40,000,000 for fiscal year 1992 and

$47,800,000 for each of fiscal years 1993 through 1997 and

transfer such amounts to the apportionment of such

State under section 104(b)(3) of title 23, United States

Code, for the surface transportation program.

‘‘(d) LIMITATION ON APPLICABILITY OF CERTAIN REQUIREMENTS OF STP PROGRAM.—The following provi-
§ 104 TITLE 23—HIGHWAYS Page 44

sions of section 133 of title 23, United States Code, shall

not apply to 1⁄2 of the amounts added under subsection

(a) to the apportionment of the State for the surface

transportation program and of amounts transferred

under subsections (b) and (c) to such apportionment:

‘‘(1) Subsection (d)(1).

‘‘(2) Subsection (d)(2).

‘‘(3) Subsection (d)(3).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated, out of the Highway

Trust Fund (other than the Mass Transit Account), to

carry out this section such sums as may be necessary

for each of fiscal years 1992 through 1997.’’

ALLOCATION FORMULA STUDY

Section 1098 of Pub. L. 102–240, as amended by Pub. L.

104–59, title III, §325(g), Nov. 28, 1995, 109 Stat. 592, directed General Accounting Office in conjunction with

Bureau of Transportation Statistics to conduct thorough study and recommend to Congress within 2 years

after Dec. 18, 1991, a fair and equitable apportionment

formula for allocation of Federal-aid highway funds

that best directs highway funds to places of greatest

need for highway maintenance and enhancement based

on extent of these highway systems, their present use,

and increases in their use, with results of study to be

presented to Congress on or before Jan. 1, 1994, and to

be considered by Congress in the 1996 reauthorization of

surface transportation program.

STUDY ON IMPACT OF CLIMATIC CONDITIONS

Section 1101–1102 of Pub. L. 102–240 directed Secretary

of Transportation to conduct a study of effects of climatic conditions on costs of highway construction and

maintenance, such study to take into account such climatic conditions as freezing, thawing, and precipitation and impact of climatic conditions on increased

highway design costs and decreased highway service

life in various regions of United States, and directed

Secretary, not later than Sept. 30, 1993, to transmit to

Congress a report on the results of the study, together

with such recommendations as Secretary considered

appropriate with the report to include a description of

implications of differing costs on allocation of highway

funds to the States.

WITHHOLDING OF FIVE PER CENTUM OF FUNDS FOR

STATES FAILING TO MEET REQUIREMENTS

Section 333 [part] of Pub. L. 101–516, which for each

fiscal year directed Secretary of Transportation to

withhold five per centum of the amount required to be

apportioned to any State under each of paragraphs (1),

(2), (5), and (6) of section 104(b) of this title on the first

day of each fiscal year which begins after the second

full calendar year following Nov. 5, 1990, if State does

not meet the requirements of paragraph (3) on such

date, was repealed by Pub. L. 102–143, title III, §333(c),

Oct. 28, 1991, 105 Stat. 947.

REDUCTION IN AMOUNT STATES FAILING TO AUTHORIZE

TAX-BASED SOURCES OF REVENUE MAY OBLIGATE

Section 341 of Pub. L. 101–516, as amended by Pub. L.

102–240, title III, §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 Federalaid 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.

IMPLEMENTATION OF CERTAIN PRESIDENTIAL ORDERS

REQUIRING PERCENTAGE REDUCTION FOR FEDERAL-AID

HIGHWAY, MASS TRANSIT, AND HIGHWAY SAFETY PROGRAMS

Section 136 of Pub. L. 100–17 provided that: ‘‘In implementing any order issued by the President which provides for or requires a percentage reduction in new

budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct

loan obligations, spending authority, or obligation limitations for the Federal-aid highway, mass transit and

highway safety programs and with respect to which the

budget account activity as identified in the program

and financing schedule contained in the Appendix to

the Budget of the United States Government for such

programs includes more than one specific highway,

mass transit, or highway safety program or project for

which budget authority is provided by this Act or an

amendment made by this Act [see Short Title of 1987

Amendment note set out under section 101 of this title],

the Secretary shall apply the percentage reduction

equally to each such specific program or project.’’

FEDERAL-AID PRIMARY FORMULA FOR AMOUNTS

AUTHORIZED FOR FISCAL YEARS 1983 THROUGH 1991

Pub. L. 97–424, title I, §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
Page 45 TITLE 23—HIGHWAYS § 104

which the population in urban areas in each State

bears to the total population in urban areas in all the

States as shown by the latest Federal census.

‘‘(b) The Secretary of Transportation shall, for each

of the fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989,

1990, and 1991, determine the total of the amounts determined for each State under subsection (a) and shall

determine the ratio which the total amount authorized

for such fiscal year for the Federal-aid primary system

bears to the total of such amounts determined under

subsection (a) for such fiscal year.

‘‘(c) The amount which shall be apportioned to each

State for the Federal-aid primary system (including extensions in urban areas and priority primary routes)

for each of the fiscal years 1983, 1984, 1985, 1986, 1987,

1988, 1989, 1990, and 1991 shall be the amount determined

for such State under subsection (a), multiplied by the

ratio determined under subsection (b).

‘‘(d) Notwithstanding any other provision of law, no

State shall receive an apportionment under this section for any fiscal year which is less than the lower of

(1) the amount which the State would be apportioned

for such fiscal year under section 104(b)(1) of title 23,

United States Code, and (2) the amount which would be

determined under the formula set forth in subsection

(a). Notwithstanding any other provision of law, no

State shall receive for any such fiscal year less than

one-half of 1 per centum of the total apportionment

under this section for such fiscal year. For purposes of

this paragraph and subsection (b) of section 103 of title

23, United States Code, the Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered together as one

State. The State consisting of the Virgin Islands,

Guam, American Samoa, and the Commonwealth of the

Mariana Islands shall not receive less than one-half of

1 per centum of each year’s apportionment. There are

authorized to be appropriated such sums as may be necessary out of the Highway Trust Fund to carry out this

subsection. Funds authorized by this subsection shall

be available for obligation in the same manner and to

the same extent as if such funds were apportioned

under chapter 1 of title 23, United States Code.

‘‘(e) Amounts apportioned under this section shall be

deemed to be amounts apportioned under section

104(b)(1) of title 23, United States Code, for purposes of

such title and all other provisions of law. Terms used

in this section shall have the same meaning such terms

have in chapter 1 of title 23, United States Code.’’

MATCHING FUND WAIVER FOR PERIOD JANUARY 6, 1983,

THROUGH SEPTEMBER 30, 1984

Pub. L. 97–424, title I, §145, Jan. 6, 1983, 96 Stat. 2130,

provided that:

‘‘(a) Notwithstanding any other provision of law, the

Federal share of any qualifying project approved by the

Secretary of Transportation under section 106(a) [section 106(a) of this title], and of any qualifying project

for which the United States becomes obligated to pay

under section 117, of title 23, United States Code, during the period beginning on the date of enactment of

this Act [Jan. 6, 1983] and ending September 30, 1984,

shall be such percentage of the construction cost as the

State highway department requests, up to and including 100 per centum.

‘‘(b) For purposes of this section, the term ‘qualifying

project’ means a project approved by the Secretary of

Transportation under section 106(a) of title 23, United

States Code, or a project for which the United States

becomes obligated to pay under section 117 of title 23,

United States Code, for which the Governor of the

State submitting the project has certified, in accordance with regulations established by the Secretary of

Transportation, that sufficient funds are not available

to pay the cost of the non-Federal share of the project.

‘‘(c) The total amount which may be obligated for

qualifying projects in any State under subsection (a)

shall not be greater than the excess of—

‘‘(1) the sum of the amount of obligation authority

distributed to such State for fiscal year 1983 under

section 104(b) of this Act [set out above], plus the

amount, if any, available to such State under section

150 of this Act [enacting section 157 of this title], pertaining to minimum allocation, over

‘‘(2) the amount of obligation authority distributed

to such State for fiscal year 1982 under section 3(b) of

the Federal-Aid Highway Act of 1981 [set out below].

‘‘(d) The total amount of such increases in the Federal share as are made pursuant to subsection (a) for

any State shall be repaid to the United States by such

State on or before September 30, 1984. Such payments

shall be deposited in the Highway Trust Fund and such

repaid amounts shall be credited to the appropriate apportionment accounts of such State.

‘‘(e) If a State has not made the repayment as required by subsection (d) of this section, the Secretary

shall deduct from funds apportioned to such State

under section 104(b) of title 23, United States Code, except for paragraph (5)(A), in each of the fiscal years

ending September 30, 1985, and September 30, 1986, a pro

rata share of each category of such apportioned funds,

the total amount of which shall be equal to 50 per centum of the amount needed for repayment. Any amount

deducted under this subsection shall be reapportioned

for the fiscal years 1985 and 1986 in accordance with section 104(b)(1) of title 23, United States Code, to those

States which have not received a higher Federal share

under this section and to those States which have made

the repayment required by subsection (d).’’

FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS; MAXIMUM LIMITS ON TOTAL

OBLIGATIONS; EXCEPTIONS; STATE ALLOCATIONS

Section 1002(a)–(g) of Pub. L. 102–240 provided that:

‘‘(a) GENERAL LIMITATION.—Notwithstanding any

other provision of law (other than subsection (f) of this

section), the total of all obligations for Federal-aid

highways and highway safety construction programs

shall not exceed—

‘‘(1) $16,800,000,000 for fiscal year 1992;

‘‘(2) $18,303,000,000 for fiscal year 1993;

‘‘(3) $18,362,000,000 for fiscal year 1994;

‘‘(4) $18,332,000,000 for fiscal year 1995;

‘‘(5) $18,357,000,000 for fiscal year 1996; and

‘‘(6) $18,338,000,000 for fiscal year 1997.

‘‘(b) EXCEPTIONS.—The limitations under subsection

(a) shall not apply to obligations—

‘‘(1) under section 125 of title 23, United States

Code;

‘‘(2) under section 157 of such title;

‘‘(3) under section 147 of the Surface Transportation

Assistance Act of 1978 [Pub. L. 95–599, set out as a

note under section 144 of this title];

‘‘(4) under section 9 of the Federal-Aid Highway Act

of 1981 [Pub. L. 97–134, 95 Stat. 1701];

‘‘(5) under sections 131(b) and 131(j) of the Surface

Transportation Assistance Act of 1982 [Pub. L. 97–424,

96 Stat. 2119, 2123];

‘‘(6) under section 404 of the Surface Transportation

Assistance Act of 1982 [now 49 U.S.C. 31104]; and

‘‘(7) under sections 1103 through 1108 of this Act

[amending section 105 of this title].

Such limitations shall also not apply to obligations of

funds made available by 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].

‘‘(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—

‘‘(1) GENERAL RULE.—For each of fiscal years 1992,

1993, 1994, 1995, 1996, and 1997, the Secretary shall distribute the limitation imposed by subsection (a) by

allocation in the ratio which sums authorized to be

appropriated for Federal-aid highways and highway

safety construction which are apportioned or allocated to each State for such fiscal year bears to the

total of the sums authorized to be appropriated for

Federal-aid highways and highway safety construction which are apportioned or allocated to all the

States for such fiscal year.

‘‘(2) SPECIAL RULE FOR MASSACHUSETTS.—For purposes of this section, funds apportioned to the State
§ 104 TITLE 23—HIGHWAYS Page 46

of Massachusetts pursuant to the next to the last sentence of section 104(b)(5)(A) of title 23, United States

Code, shall be treated as if such funds were allocated

to such State under such title. If, before October 1 of

each of fiscal years 1992, 1993, 1994, and 1995, the State

of Massachusetts indicates it will not obligate a portion of the amount which would be distributed to

such State under the preceding sentence, the Secretary shall distribute such portion to the other

States under paragraph (1).

‘‘(d) LIMITATION ON OBLIGATION AUTHORITY.—During

the period October 1 through December 31 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, no State

shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during

such period shall not exceed 25 percent of the total

amount distributed to all States under such subsection

for such fiscal year.

‘‘(e) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsections (c) and (d), the Secretary shall—

‘‘(1) provide all States with authority sufficient to

prevent lapses of sums authorized to be appropriated

for Federal-aid highways and highway safety construction which have been apportioned or allocated

to a State, except in those instances in which a State

indicates its intention to lapse sums apportioned

under section 104(b)(5)(A) of title 23, United States

Code;

‘‘(2) after August 1 of each of fiscal years 1992, 1993,

1994, 1995, 1996, and 1997, revise a distribution of the

funds made available under subsection (c) for such

fiscal year if a State will not obligate the amount

distributed during such fiscal year and redistribute

sufficient amounts to those States able to obligate

amounts in addition to those previously distributed

during such 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; and

‘‘(3) not distribute amounts authorized for administrative expenses, Federal lands highways programs,

and the national high speed ground transportation

programs and amounts made available under section

149(d) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100–17, 101

Stat. 201].

‘‘(f) ADDITIONAL OBLIGATION AUTHORITY.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), a State

which after August 1 and on or before September 30

of fiscal year 1993, 1994, 1995, 1996, or 1997 obligates the

amount distributed to such State in such fiscal year

under subsections (c) and (e) may obligate for Federal-aid highways and highway safety construction

on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to

such State—

‘‘(A) under sections 104 and 144 of title 23, United

States Code, and

‘‘(B) for highway assistance projects under section 103(e)(4) of such title,

which are not obligated on the date such State completes obligation of the amount so distributed.

‘‘(2) LIMITATION ON ADDITIONAL OBLIGATION AUTHORITY.—During the period August 2 through September

30 of each of fiscal years 1993, 1994, 1995, 1996, and 1997,

the aggregate amount which may be obligated by all

States pursuant to paragraph (1) shall not exceed 2.5

percent of the aggregate amount of funds apportioned

or allocated to all States—

‘‘(A) under sections 104 and 144 of title 23, United

States Code, and

‘‘(B) for highway assistance projects under section 103(e)(4) of such title,

which would not be obligated in such fiscal year if

the total amount of obligational authority provided

by subsection (a) for such fiscal year were utilized.

‘‘(3) LIMITATION ON APPLICABILITY.—Paragraph (1)

shall not apply to any State which on or after August

1 of fiscal year 1993, 1994, 1995, 1996, or 1997, as the case

may be, has the amount distributed to such State

under subsection (c) for such fiscal year reduced

under subsection (e)(2).

‘‘(g) OBLIGATION CEILING FOR HIGHWAY SAFETY PROGRAMS.—Notwithstanding any other provision of law,

the total of all obligations for highway safety programs

carried out by the Federal Highway Administration

under section 402 of title 23, United States Code, shall

not exceed $10,000,000 for fiscal year 1992 and $20,000,000

for each of fiscal years 1993, 1994, 1995, 1996, and 1997.’’

Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431, provided in part that: ‘‘None of the funds in this Act [see

Tables for classification] shall be available for the implementation or execution of programs the obligations

for which are in excess of $21,500,000,000 for Federal-aid

highways and highway safety construction programs

for fiscal year 1998.’’

Pub. L. 105–66, title III, §310, Oct. 27, 1997, 111 Stat.

1442, provided that:

‘‘(a) For fiscal year 1998, the Secretary of Transportation shall distribute the obligation limitation for

Federal-aid highways by allocation in the ratio which

sums authorized to be appropriated for Federal-aid

highways that are apportioned or allocated to each

State for such fiscal year bear to the total of the sums

authorized to be appropriated for Federal-aid highways

that are apportioned or allocated to all the States for

such fiscal year.

‘‘(b) During the period October 1 through December

31, 1997, no State shall obligate more than 25 percent of

the amount distributed to such State under subsection

(a), and the total of all State obligations during such

period shall not exceed 12 percent of the total amount

distributed to all States under such subsection.

‘‘(c) Notwithstanding subsections (a) and (b), the Secretary shall—

‘‘(1) provide all States with authority sufficient to

prevent lapses of sums authorized to be appropriated

for Federal-aid highways that have been apportioned

to a State;

‘‘(2) after August 1, 1998, revise a distribution of the

funds made available under subsection (a) if a State

will not obligate the amount distributed during that

fiscal year and redistribute sufficient amounts to

those States able to obligate amounts in addition to

those previously distributed during that fiscal year

giving priority to those States having large unobligated balances of funds apportioned under sections

103(e)(4), 104, 144, and 160 of title 23, United States

Code, and under sections 1013(c) [set out as a note

under section 157 of this title] and 1015 [set out above]

of Public Law 102–240; and

‘‘(3) not distribute amounts authorized for administrative expenses and funded from the administrative

takedown authorized by section 104(a) of title 23,

United States Code, the Federal lands highway program, the intelligent transportation systems program, the Truman-Hobbs bridges funded under the

discretionary bridge program, and amounts made

available under sections 1040, 1047 [set out as notes

under section 101 of this title], 1064 [set out as a note

under section 129 of this title], 6001, 6005 [amending

section 307 of this title], 6006 [enacting section 111 of

Title 49, Transportation, and amending section 5316 of

Title 5, Government Organization and Employees],

6023, and 6024 [amending section 1607c of former Title

49] of Public Law 102–240, and 49 U.S.C. 5316, 5317, and

5338: Provided, That amounts made available under

section 6005 of Public Law 102–240 shall be subject to

the obligation limitation for Federal-aid highways

and highway safety construction programs under the

heading ‘Federal-Aid Highways’ in this Act [see Pub.

L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431, set out

above].

‘‘(d) During the period October 1 through December

31, 1997, the aggregate amount of obligations under section 157 of title 23, United States Code, for projects covered under section 147 of the Surface Transportation

Assistance Act of 1978 [Pub. L. 95–599, set out as a note
Page 47 TITLE 23—HIGHWAYS § 104

under section 144 of this title], section 9 of the FederalAid Highway Act of 1981 [Pub. L. 97–134, 95 Stat. 1701],

sections 131(b), 131(j) [96 Stat. 2119, 2123], and 404 [now

49 U.S.C. 31104] of Public Law 97–424, sections 1061 [105

Stat. 2004], 1103–1108 [amending section 105 of this title],

4008 [set out as a note under former section 11506 of

Title 49], 6023(b)(8), and 6023(b)(10) [probably means section 1607c(b)(8) and (10) of former Title 49, enacted by

section 6023(b) of Pub. L. 103–240, see sections 5317 and

5338 of Title 49] of Public Law 102–240, and for projects

authorized by Public Law 99–500 and Public Law 100–17

[see Tables for classification], shall not exceed

$277,431,840.

‘‘(e) Notwithstanding any other provision of law,

none of the funds in this Act [see Tables for classification] shall be available for the distribution of bonus

limitation under the Federal-aid highways program.’’

Similar provisions for prior fiscal years were contained in the following acts:

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. 102–143, title I, title III, §310, Oct. 28, 1991, 105

Stat. 925, 940.

Pub. L. 101–516, title I, title III, §310, Nov. 5, 1990, 104

Stat. 2163, 2179.

Pub. L. 101–164, title I, title III, §310, Nov. 21, 1989, 103

Stat. 1077, 1092.

Pub. L. 100–457, title I, title III, §310, Sept. 30, 1988, 102

Stat. 2132, 2146.

Pub. L. 100–202, §101(l) [title I, title III, §310], Dec. 22,

1987, 101 Stat. 1329–358, 1329–365, 1329–378.

Pub. L. 100–17, title I, §105(a)–(g), Apr. 2, 1987, 101

Stat. 142–144.

Pub. L. 99–500, §101(l) [H.R. 5205, title I, title III,

§313(a)–(d)], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L.

99–591, §101(l) [H.R. 5205, title I, title III, §313(a)–(d)],

Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–272, title IV, §4102(a)–(e), Apr. 7, 1986, 100

Stat. 112, 113.

Pub. L. 99–190, §101(e) [title I, title III, §313], Dec. 19,

1985, 99 Stat. 1267, 1275, 1285.

Pub. L. 98–473, title I, §101(i) [title I, title III, §315],

Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.

Pub. L. 98–78, title I, title III, §322, Aug. 15, 1983, 97

Stat. 460, 474.

Pub. L. 98–8, title I, Mar. 24, 1983, 97 Stat. 14.

Pub. L. 97–424, title I, §104(a)–(d), Jan. 6, 1983, 96 Stat.

2098.

Pub. L. 97–134, §3, Dec. 29, 1981, 95 Stat. 1699, as

amended by Pub. L. 97–216, title I, July 19, 1982, 96 Stat.

187.

Pub. L. 97–35, title XI, §1106, Aug. 13, 1981, 95 Stat. 624,

as amended by Pub. L. 97–424, title I, §104(e), Jan. 6,

1983, 96 Stat. 2099.

APPORTIONMENT FACTORS FOR EXPENDITURES ON

SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS

Provisions requiring the Secretary of Transportation

to apportion for specific fiscal years sums authorized to

be appropriated for such fiscal years by section 108(b) of

the Federal-Aid Highway Act of 1956, set out as a note

under section 101 of this title, for expenditures on the

National System of Interstate and Defense Highways

[now Dwight D. Eisenhower System of Interstate and

Defense Highways] using the apportionment factors

contained in certain tables in particular committee

prints of the Committee on Public Works and 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.

MINIMUM APPORTIONMENT TO EACH STATE;

EXPENDITURE OF EXCESS AMOUNTS

Provisions entitling each State, for specific fiscal

years, to receive at least one-half of 1 per centum of the

total apportionment for the Interstate System under

section 104(b)(5)(A) of this title, and authorizing States

to expend amounts available under these provisions

which are in excess of the estimated cost of completing

and of necessary resurfacing, restoring, rehabilitating,

and reconstruction of the State’s portion of the Interstate System for the purposes for which funds apportioned under section 104(b)(1), (2), and (6) of this title

may be expended or for carrying out section 152 of this

title were contained in the following acts:

Pub. L. 100–17, title I, §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.

PUBLIC BOAT LAUNCHING AREAS; ACCESS RAMPS

Section 147 of Pub. L. 94–280 provided that: ‘‘Funds

apportioned to States under subsections (b)(1), (b)(2),

and (b)(6) of section 104 of title 23, United States Code,

may be used upon the application of the State and the

approval of the Secretary of Transportation for construction of access ramps from bridges under construction or which are being reconstructed, replaced, repaired, or otherwise altered on the Federal-aid primary, secondary, or urban system to public boat

launching areas adjacent to such bridges. Approval of

the Secretary shall be in accordance with guidelines

developed jointly by the Secretary of Transportation

and the Secretary of the Interior.’’

USE OF FEDERAL FUNDS DURING PERIOD BEGINNING

FEBRUARY 12, 1975, AND ENDING SEPTEMBER 30, 1975

Pub. L. 94–30, §3, June 4, 1975, 89 Stat. 171, sanctioned

the use of any money apportioned under section 104(b)

of this title for any Federal-aid highway system in a

State for any project in that State on any Federal-aid

highway system, such amount to be deducted from the

apportionment made after June 4, 1975 and repaid and

credited to the last apportionment made for which the

money was originally apportioned.

MINIMUM APPORTIONMENT FOR PRIMARY SYSTEM; ADDITIONAL APPROPRIATIONS FOR FISCAL YEARS ENDING

JUNE 30, 1974, 1975, AND 1976

Section 111(b) of Pub. L. 93–87 provided that: ‘‘Notwithstanding the amendments made by subsection (a)
§ 105 TITLE 23—HIGHWAYS Page 48

1So in original. Probably should be ‘‘(i)’’.

of this section [to subsecs. (b)(1), (2), (6), (c) and (d) of

this section] no State (other than the District of Columbia) shall receive an apportionment for the primary

system which is less than the apportionment which

such State received for such system for the fiscal year

ending June 30, 1973. In order to carry out this subsection, there is authorized to be appropriated out of

the Highway Trust Fund for the Federal-aid primary

system, an additional $17,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal year for the

fiscal years ending June 30, 1975, and June 30, 1976.’’

SECTION 102(a) OF THE FEDERAL-AID HIGHWAY ACT OF

1956

Act June 29, 1956, ch. 462, title I, §102(a), 70 Stat. 374,

authorized, for the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11,

1916, additional appropriations of $125,000,000 for the fiscal year ending June 30, 1957, $850,000,000 for the fiscal

year ending June 30, 1958, and $875,000,000 for the fiscal

year ending June 30, 1959, and provided for the percentage allocation of these funds for primary, secondary

and urban systems and the manner of apportionment

among the States.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE

INTERSTATE SYSTEM AS BASIS FOR APPORTIONMENT

OF FUNDS FOR FISCAL YEARS 1963 TO 1966

Pub. L. 87–61, title I, §102, June 29, 1961, 75 Stat. 122,

approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 11, 1961, as the basis for making the apportionment of funds authorized for the fiscal years

ending June 30, 1963, 1964, 1965, and 1966.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE

INTERSTATE SYSTEM AS BASIS FOR APPORTIONMENT

OF FUNDS FOR FISCAL YEARS 1960–1962

Pub. L. 85–381, §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.

APPORTIONMENTS FOR SUBSEQUENT YEARS BASED ON

REVISED ESTIMATES OF COST

Act June 29, 1956, ch. 462, title I, §108(d), 70 Stat. 379,

as amended by act Sept. 2, 1958, Pub. L. 85–899, §2, 72

Stat. 1725, provided that the sums authorized for the

fiscal years 1960 through 1969 be apportioned among the

several States in the ratio which the estimated cost of

completing the Interstate System had to the sum of

the estimated cost of completing the Interstate System

in all of the States, and required the Secretary of Commerce, in cooperation with State highway departments,

to make detailed revised estimates of the cost of completion of the system and to supply Congress with such

revised estimate.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 103, 115, 118,

119, 120, 126, 127, 130, 131, 133, 134, 136, 137, 139, 140, 141,

142, 146, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 204,

217, 303, 307, 309, 311, 321, 326 of this title; title 49 sections 5305, 5504, 31314.

§ 105. Programs

(a) As soon as practicable after the apportionments for the Federal-aid systems have been

made for any fiscal year, the State highway department of any State desiring to avail itself of

the benefits of this chapter shall submit to the

Secretary for his approval a program or programs of proposed projects for the utilization of

the funds apportioned. The Secretary shall act

upon programs submitted to him as soon as

practicable after the same have been submitted.

The Secretary may approve a program in whole

or in part, but he shall not approve any project

in a proposed program which is not located upon

an approved Federal-aid system.

(b) In approving programs for projects on the

Federal-aid secondary system, the Secretary

shall require that such projects be selected by

the State highway department and the appropriate local officials in cooperation with each

other, except in States where all public roads

and highways are under the control and supervision of the State highway department such selection shall be made after consultation with appropriate local officials.

(c) In approving programs for projects on the

Federal-aid primary system, the Secretary shall

give preference to such projects as will expedite

the completion of an adequate and connected

system of highways interstate in character.

(d) In approving programs for projects on the

Federal-aid urban system, the Secretary shall

require that such projects be selected by the appropriate local officials with the concurrence of

the State highway department of each State

and, in urbanized areas, also in accordance with

the planning process required pursuant to section 134 of this title.

(e) In approving programs for projects under

this chapter, the Secretary may give priority of

approval to, and expedite the construction of,

projects that are recommended as important to

the national defense by the Secretary of Defense, or other official authorized by the President to make such recommendation.

(f) In approving programs for projects on the

Federal-aid systems pursuant to chapter 1 of

this title, the Secretary shall give priority to

those projects which incorporate improved

standards and features with safety benefits.

(g) In preparing programs to submit in accordance with subsection (a) of this section, the

State highway departments shall give consideration to projects providing direct and convenient public access to public airports, public

ports for water transportation, new town communities, and new town-intown communities,

and in approving such programs the Secretary

shall give consideration to such projects.

(h) In preparing programs to submit in accordance with subsection (a) of this section, the

State highway departments may give priority to

projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which

are incurring a substantial use as a result of

transportation activities to meet national energy requirements and which will continue to

incur such use, and in approving such programs

the Secretary may give priority to such

projects.

(k) 1 PRIORITY FOR HIGH PRIORITY SEGMENTS OF

CORRIDORS OF NATIONAL SIGNIFICANCE.—In selecting projects for inclusion in a program of

projects under this section, the State may give

priority to high priority segments of corridors

identified under section 1105(f) of the Intermodal

Surface Transportation Efficiency Act of 1991. In