H. R. 1105—401 
(RESCISSION) 
(HIGHWAY TRUST FUND) 
Of the unobligated balances of funds apportioned to each State 
under chapter 1 of title 23, United States Code, $3,150,000,000 
are permanently rescinded: Provided, That such rescission shall 
not apply to the funds distributed in accordance with sections 
130(f) and 104(b)(5) of title 23, United States Code; sections 
133(d)(1) and 163 of such title, as in effect on the day before 
the date of enactment of Public Law 109–59; and the first sentence 
of section 133(d)(3)(A) of such title: Provided further, That notwith-
standing section 1132 of Public Law 110–140, in administering 
the rescission required under this heading, the Secretary of 
Transportation shall allow each State to determine the amount 
of the required rescission to be drawn from the programs to which 
the rescission applies. 
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 
For necessary expenses for West Virginia corridor H of the 
Appalachian Development Highway System as authorized under 
section 1069(y) of Public Law 102–240, as amended, $9,500,000, 
to remain available until expended. 
DENALI ACCESS SYSTEM PROGRAM 
For necessary expenses for the Denali Access System Program 
as authorized under section 1960 of Public Law 109–59, $5,700,000, 
to remain available until expended. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 120. (a) For fiscal year 2009, the Secretary of Transpor-
tation shall— 
(1) not distribute from the obligation limitation for Federal- 
aid highways amounts authorized for administrative expenses 
and programs by section 104(a) of title 23, United States Code; 
programs funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code (as in 
effect on the date before the date of enactment of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users); the highway use tax evasion program; and 
the Bureau of Transportation Statistics; 
(2) not distribute an amount from the obligation limitation 
for Federal-aid highways that is equal to the unobligated bal-
ance of amounts made available from the Highway Trust Fund 
(other than the Mass Transit Account) for Federal-aid highways 
and highway safety programs for previous fiscal years the funds 
for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal-aid highways, 
less the aggregate of amounts not distributed under para-
graphs (1) and (2), bears to 
(B) the total of the sums authorized to be appropriated 
for Federal-aid highways and highway safety construction 
programs (other than sums authorized to be appropriated
H. R. 1105—402 
for provisions of law described in paragraphs (1) through 
(9) of subsection (b) and sums authorized to be appropriated 
for section 105 of title 23, United States Code, equal to 
the amount referred to in subsection (b)(10) for such fiscal 
year), less the aggregate of the amounts not distributed 
under paragraphs (1) and (2) of this subsection; 
(4)(A) distribute the obligation limitation for Federal-aid 
highways, less the aggregate amounts not distributed under 
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users; sections 117 (but individually for 
each project numbered 1 through 3676 listed in the table con-
tained in section 1702 of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users) and sec-
tion 144(g) of title 23, United States Code; and section 14501 
of title 40, United States Code, so that the amount of obligation 
authority available for each of such sections is equal to the 
amount determined by multiplying the ratio determined under 
paragraph (3) by the sums authorized to be appropriated for 
that section for the fiscal year; and 
(B) distribute $2,000,000,000 for section 105 of title 23, 
United States Code; 
(5) distribute the obligation limitation provided for Federal- 
aid highways, less the aggregate amounts not distributed under 
paragraphs (1) and (2) and amounts distributed under para-
graph (4), for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users and title 23, 
United States Code (other than to programs to which para-
graphs (1) and (4) apply), by multiplying the ratio determined 
under paragraph (3) by the amounts authorized to be appro-
priated for each such program for such fiscal year; and 
(6) distribute the obligation limitation provided for Federal- 
aid highways, less the aggregate amounts not distributed under 
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5), for Federal-aid highways and highway safety 
construction programs (other than the amounts apportioned 
for the equity bonus program, but only to the extent that 
the amounts apportioned for the equity bonus program for 
the fiscal year are greater than $2,639,000,000, and the Appa-
lachian development highway system program) that are appor-
tioned by the Secretary under the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users and 
title 23, United States Code, in the ratio that— 
(A) amounts authorized to be appropriated for such 
programs that are apportioned to each State for such fiscal 
year, bear to 
(B) the total of the amounts authorized to be appro-
priated for such programs that are apportioned to all States 
for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 
limitation for Federal-aid highways shall not apply to obligations: 
(1) under section 125 of title 23, United States Code; (2) under 
section 147 of the Surface Transportation Assistance Act of 1978; 
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4) 
under subsections (b) and (j) of section 131 of the Surface Transpor-
tation Assistance Act of 1982; (5) under subsections (b) and (c)