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into the Highway Trust Fund (other than
the Mass Transit Account) in the most re-
cent fiscal year for which data are avail-
able; by
‘‘(ii) the estimated tax payments at-
tributable to highway users in all States
paid into the Highway Trust Fund (other
than the Mass Transit Account) for the fis-
cal year; or
‘‘(B) for a State with a total population
density of less than 20 persons per square mile,
as reported in the decennial census conducted by
the Federal Government in 2000, a total popu-
lation of less than 1,000,000, as reported in that
decennial census, a median household income of
less than $35,000, as reported in that decennial
census, or a State with a fatality rate during
2002 on Interstate highways that is greater than
1 fatality for each 100,000,000 vehicle miles
traveled on Interstate highways, the greater of—
‘‘(i) the percentage under paragraph
(1); or
‘‘(ii) the average percentage of the
State’s share of total apportionments for the
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period of fiscal years 1998 through 2003 for
the programs specified in paragraph (2).
‘‘(2) SPECIFIC
PROGRAMS.—The programs re-
ferred to in paragraph (1)(B)(ii) are (as in effect on
the day before the date of enactment of the Safe, Ac-
countable, Flexible, and Efficient Transportation Eq-
uity Act of 2005)—
‘‘(A) the Interstate maintenance program
under section 119;
‘‘(B) the national highway system program
under section 103;
‘‘(C) the bridge program under section 144;
‘‘(D) the surface transportation program
under section 133;
‘‘(E) the recreational trails program under
section 206;
‘‘(F) the high priority projects program
under section 117;
‘‘(G) the minimum guarantee provided
under this section;
‘‘(H) revenue aligned budget authority
amounts provided under section 110;
‘‘(I) the congestion mitigation and air qual-
ity improvement program under section 149;
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‘‘(J) the Appalachian development highway
system program under subtitle IV of title 40; and
‘‘(K) 
metropolitan 
planning 
programs
under section 104(f).
‘‘(c) SPECIAL RULES.—
‘‘(1) MINIMUM
COMBINED
ALLOCATION.—For
each fiscal year, before making the allocations under
subsection (a)(1), the Secretary shall allocate among
the States amounts sufficient to ensure that no State
receives a combined total of amounts allocated under
subsection (a)(1), apportionments for the programs
specified in subsection (a)(2), and amounts allocated
under this subsection, that is less than 115 percent of
the average for fiscal years 1998 through 2003 of the
annual apportionments for the State for all programs
specified in subsection (b)(2).
‘‘(2) 
NO
NEGATIVE
ADJUSTMENT.—Notwith-
standing subsection (d), no negative adjustment shall
be made under subsection (a)(1) to the apportionment
of any State.
‘‘(3) MINIMUM SHARE OF TAX PAYMENTS.—
‘‘(A) IN
GENERAL.—Notwithstanding sub-
section (d), for each fiscal year, the Secretary
shall allocate among the States amounts suffi-
cient to ensure that no State receives a percent-
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age of apportionments for the fiscal year for the
programs specified in subsection (a)(2) that is
less than the percentage specified in subpara-
graph (B) of the percentage share of the State of
estimated tax payments attributable to highway
users in the State paid into the Highway Trust
Fund (other than the Mass Transit Account) in
the most recent fiscal year for which data are
available.
‘‘(B) PERCENTAGES.—The percentages re-
ferred to in subparagraph (A) are—
‘‘(i) for fiscal year 2005, 90.5 percent;
‘‘(ii) for each of fiscal years 2006
through 2008, 91 percent; and
‘‘(iii) for fiscal year 2009, 92 percent.
‘‘(d) LIMITATION ON ADJUSTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3) of subsection (c), no State shall re-
ceive, for any fiscal year, additional amounts under
subsection (a)(1) if—
‘‘(A) the total apportionments of the State
for the fiscal year for the programs specified in
subsection (a)(2); exceed
‘‘(B) the percentage of the average, for the
period of fiscal years 1998 through 2003, of the