Sec. 7007. Training and education. 
Sec. 7008. State planning and research. 
Sec. 7009. International highway transportation outreach program. 
Sec. 7010. Surface transportation-environmental cooperative research program. 
Sec. 7011. Transportation research and development strategic planning. 
Sec. 7012. National cooperative freight transportation research program. 
Sec. 7013. Future strategic highway research program. 
Sec. 7014. National intelligent transportation systems program plan. 
Sec. 7015. Use of funds for intelligent transportation systems activities. 
Sec. 7016. Intelligent transportation systems program goals and purposes. 
Sec. 7017. Intelligent transportation systems program general authorities and 
requirements. 
Sec. 7018. Intelligent transportation systems research and development. 
Sec. 7019. Intelligent transportation systems national architecture and stand-
ards. 
Sec. 7020. National university transportation centers. 
Sec. 7021. University transportation research. 
Sec. 7022. Bureau of Transportation Statistics. 
Sec. 7023. Administrative authority. 
Sec. 7024. Technical and conforming amendments. 
TITLE VIII—RAILROADS 
Subtitle A—Repeals and Reforms of Intercity Passenger Rail Capital Grant 
Programs 
Sec. 8001. Capital grants for Class II and Class III railroads. 
Sec. 8002. Congestion grants. 
Sec. 8003. Intercity passenger rail capital grants to States. 
Subtitle B—Amtrak Reforms 
Sec. 8101. Authorization for Amtrak operating expenses. 
Sec. 8102. Limitations on Amtrak authority. 
Sec. 8103. Applicability of laws. 
Sec. 8104. Inspector General of Amtrak. 
Sec. 8105. Amtrak management accountability. 
Sec. 8106. Amtrak food and beverage service. 
Subtitle C—Project Development and Review 
Sec. 8201. Project development and review. 
Subtitle D—Railroad Rehabilitation and Improvement Financing 
Sec. 8301. Railroad rehabilitation and improvement financing. 
Subtitle E—Positive Train Control 
Sec. 8401. Positive train control. 
Subtitle F—Regulatory Reform 
Sec. 8501. Federal Railroad Administration regulations. 
Subtitle G—Technical Corrections 
Sec. 8601. Miscellaneous corrections, revisions, and repeals. 
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TITLE IX—HAZARDOUS MATERIAL TRANSPORTATION 
Sec. 9001. Short title. 
Sec. 9002. Amendment of title 49, United States Code. 
Sec. 9003. Findings. 
Sec. 9004. Purposes. 
Sec. 9005. Definitions. 
Sec. 9006. General regulatory authority. 
Sec. 9007. Inspections of motor vehicles transporting radioactive material. 
Sec. 9008. Hazmat employee training requirements and grants. 
Sec. 9009. Fees. 
Sec. 9010. Motor carrier safety permits. 
Sec. 9011. Planning and training grants, monitoring, and review. 
Sec. 9012. Special permits and exclusions. 
Sec. 9013. Hazardous material uniform motor carrier permit program. 
Sec. 9014. International uniformity of standards and requirements. 
Sec. 9015. Investigations. 
Sec. 9016. Building partnerships for improved safety and system performance. 
Sec. 9017. Safety reporting. 
Sec. 9018. Civil penalties. 
Sec. 9019. Preemption. 
Sec. 9020. Authorization of appropriations. 
Sec. 9021. Electronic shipping papers pilot program. 
Sec. 9022. Wetlines. 
Sec. 9023. Product study. 
TITLE X—WATERBORNE TRANSPORTATION 
Sec. 10001. Sense of Congress on harbor maintenance. 
TITLE XI—REAUTHORIZATION AND AMENDMENTS TO THE 
SPORT FISH RESTORATION AND BOATING TRUST FUND 
Sec. 11001. Short title. 
Sec. 11002. Reauthorization and amendments to the Sport Fish Restoration 
and Boating Trust Fund. 
TITLE XII—EXTENSION OF SURFACE TRANSPORTATION 
PROGRAMS 
Sec. 12001. Short title; effective date. 
Subtitle A—Federal-Aid Highways 
Sec. 12101. Extension of Federal-aid highway programs. 
Subtitle B—Extension of Highway Safety Programs 
Sec. 12201. Extension of National Highway Traffic Safety Administration 
highway safety programs. 
Sec. 12202. Extension of Federal Motor Carrier Safety Administration pro-
grams. 
Sec. 12203. Additional programs. 
Subtitle C—Public Transportation Programs 
Sec. 12301. Allocation of funds for planning programs. 
Sec. 12302. Special rule for urbanized area formula grants. 
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Sec. 12303. Allocating amounts for capital investment grants. 
Sec. 12304. Apportionment of formula grants for other than urbanized areas. 
Sec. 12305. Apportionment based on fixed guideway factors. 
Sec. 12306. Authorizations for public transportation. 
Sec. 12307. Amendments to SAFETEA–LU. 
SEC. 2. GENERAL DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise expressly provided, titles I 
through VII of this Act, including the amendments made 
by those titles, shall take effect on October 1, 2012. 
TITLE I—FEDERAL-AID 
HIGHWAYS 
SEC. 1001. AMENDMENTS TO TITLE 23, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 23, United States 
Code. 
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Subtitle A—Authorization of 
Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) HIGHWAY TRUST FUND.—The following sums 
are authorized to be appropriated out of the Highway 
Trust Fund (other than the Alternative Transportation 
Account): 
(1) NATIONAL HIGHWAY SYSTEM PROGRAM.— 
For the National Highway System program under 
section 119 of title 23, United States Code— 
(A) $17,400,000,000 for fiscal year 2013; 
(B) $17,600,000,000 for fiscal year 2014; 
(C) $17,600,000,000 for fiscal year 2015; 
and 
(D) $17,750,000,000 for fiscal year 2016. 
(2) SURFACE
TRANSPORTATION
PROGRAM.— 
For the surface transportation program under sec-
tion 133 of title 23, United States Code— 
(A) $10,500,000,000 for fiscal year 2013; 
(B) $10,550,000,000 for fiscal year 2014; 
(C) $10,600,000,000 for fiscal year 2015; 
and 
(D) $10,750,000,000 for fiscal year 2016. 
(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
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gram under section 148 of title 23, United States 
Code— 
(A) $2,600,000,000 for fiscal year 2013; 
(B) $2,605,000,000 for fiscal year 2014; 
(C) $2,610,000,000 for fiscal year 2015; 
and 
(D) $2,630,000,000 for fiscal year 2016. 
(4) TRIBAL TRANSPORTATION PROGRAM.—For 
the tribal transportation program under section 202 
of title 23, United States Code, $465,000,000 for 
each of fiscal years 2013 through 2016. 
(5) FEDERAL
LANDS
TRANSPORTATION
PRO-
GRAM.—For the Federal lands transportation pro-
gram under section 203 of title 23, United States 
Code, $535,000,000 for each of fiscal years 2013 
through 2016. 
(6) RECREATIONAL TRAILS PROGRAM.—For the 
recreational trails program under section 206 of title 
23, United States Code, $85,000,000 for each of fis-
cal years 2013 through 2016. 
(7) APPALACHIAN
DEVELOPMENT
HIGHWAY 
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 14501 
of title 40, United States Code, $470,000,000 for 
each of fiscal years 2013 through 2016. 
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(b) ALTERNATIVE TRANSPORTATION ACCOUNT.— 
The following sums are authorized to be appropriated out 
of the Alternative Transportation Account of the Highway 
Trust Fund: 
(1) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under 
section 149 of title 23, United States Code, 
$2,000,000,000 for each of fiscal years 2013 
through 2016. 
(2) FERRY BOAT AND FERRY TERMINAL FACILI-
TIES PROGRAM.—For the ferry boat and ferry ter-
minal facilities program under section 147 of title 
23, United States Code, $67,000,000 for each of fis-
cal years 2013 through 2016. 
(3) PUERTO
RICO
HIGHWAY
PROGRAM.—For 
the Puerto Rico highway program under section 165 
of title 23, United States Code, $150,000,000 for 
each of fiscal years 2013 through 2016. 
(4) TERRITORIAL
HIGHWAY
PROGRAM.—For 
the territorial highway program under section 215 of 
title 23, United States Code, $50,000,000 for each 
of fiscal years 2013 through 2016. 
(c) DISADVANTAGED BUSINESS ENTERPRISES.— 
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(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern (as the term is used in section 3 
of the Small Business Act (15 U.S.C. 
632)). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any 
concern or group of concerns controlled by 
the same socially and economically dis-
advantaged individual or individuals that 
have average annual gross receipts during 
the preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ means— 
(i) women; and 
(ii) any other socially and economi-
cally disadvantaged individuals (as the 
term is used in section 8(d) of the Small 
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Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promul-
gated pursuant to that Act). 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary de-
termines otherwise, not less than 10 percent of the 
amounts made available for any program under ti-
tles I, II, and VII of this Act and section 403(a) of 
title 23, United States Code, shall be expended 
through small business concerns owned and con-
trolled by socially and economically disadvantaged 
individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) 
in the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
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(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for 
the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
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(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State govern-
ments in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, and VII of this Act and section 
403(a) of title 23, United States Code, if the entity 
or person is prevented, in whole or in part, from 
complying with paragraph (2) because a Federal 
court issues a final order in which the court finds 
that a requirement or the implementation of para-
graph (2) is unconstitutional. 
SEC. 1102. HIGHWAY OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection 
(f), and notwithstanding any other provision of law, the 
obligations for Federal-aid highway and highway safety 
construction programs authorized from the Highway 
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Trust Fund (other than the Alternative Transportation 
Account) shall not exceed— 
(1) $37,366,000,000 for fiscal year 2013; 
(2) $37,621,000,000 for fiscal year 2014; 
(3) $37,676,000,000 for fiscal year 2015; and 
(4) $38,000,000,000 for fiscal year 2016. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation 
Assistance Act of 1978 (23 U.S.C. 144 note; 92 
Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act 
of 1981 (Public Law 97–134; 95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 
(Public Law 97–424; 96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (Public Law 100–17; 101 Stat. 
198); 
(6) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of 
1991 (Public Law 102–240; 105 Stat. 2027); 
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(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century 
(Public Law 105–178; 112 Stat. 107) or subsequent 
public laws for multiple years or to remain available 
until used, but only to the extent that the obligation 
authority has not lapsed or been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(11) section 1603 of SAFETEA–LU (Public 
Law 109-59; 119 Stat. 1248), to the extent that 
funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time 
at which the funds were initially made available for 
obligation; and 
(12) section 105 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2016, but 
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cated by the Secretary under this Act and title 23, 
United States Code (other than to programs to 
which paragraph (1) applies), by multiplying— 
(A) the ratio determined under paragraph 
(3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal 
year; and 
(6) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate of 
amounts not distributed under paragraphs (1) and 
(2) and the aggregate of amounts distributed under 
paragraphs (4) and (5), for Federal-aid highway and 
highway safety construction programs (other than 
the amounts apportioned for the equity bonus pro-
gram, but only to the extent that the amounts ap-
portioned for the equity bonus program for the fiscal 
year are greater than $2,639,000,000, and the Ap-
palachian development highway system program) 
that are apportioned by the Secretary under this Act 
and title 23, United States Code, in the ratio that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned to each 
State for the fiscal year; bear to 
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(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned to all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2013 through 
2016— 
(1) revise a distribution of the obligation au-
thority made available under subsection (c) if an 
amount distributed cannot be obligated during that 
fiscal year; and 
(2) redistribute sufficient amounts to those 
States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving 
priority to those States having large unobligated bal-
ances of funds apportioned under section 104 of title 
23, United States Code, and section 144 of such 
title (as in effect on the day before the date of en-
actment of this Act). 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2013 through 
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2016, the Secretary shall distribute to the States 
any funds that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in the fiscal year due to the im-
position of any obligation limitation for the fis-
cal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (c)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purpose de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation authority distributed for a fiscal year under sub-
section (c)(4) for the provision specified in subsection 
(c)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
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and highway safety construction programs for future 
fiscal years. 
SEC. 1103. ALTERNATIVE TRANSPORTATION ACCOUNT OB-
LIGATION CEILING. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the total of all obligations from amounts made 
available from the Alternative Transportation Account of 
the Highway Trust Fund for the programs for which sums 
are authorized to be appropriated under sections 1101(b) 
and 7101 of this Act shall not exceed $2,707,000,000 for 
each of fiscal years 2013 through 2016. 
(b) AVAILABILITY
OF FUNDS.—Section 118(a) is 
amended— 
(1) by striking ‘‘Mass Transit Account’’ and in-
serting ‘‘Alternative Transportation Account’’; and 
(2) by inserting ‘‘, and amounts made available 
from the Alternative Transportation Account to 
carry out the congestion mitigation and air quality 
improvement program under section 149, the ferry 
boat and ferry terminal facilities program under sec-
tion 147, the Puerto Rico highway program under 
section 165, and the territorial highway program 
under section 215,’’ before ‘‘shall be available’’. 
SEC. 1104. APPORTIONMENT. 
Section 104 is amended to read as follows: 
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‘‘§ 104. Apportionment 
‘‘(a) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated from the Highway Trust Fund (other 
than the Alternative Transportation Account) to be 
made available to the Secretary for administrative 
expenses of the Federal Highway Administration 
$400,000,000 for each of fiscal years 2013 through 
2016. 
‘‘(2) PURPOSES.—The funds made available 
under paragraph (1) shall be used— 
‘‘(A) to administer the provisions of law to 
be financed from appropriations for the Fed-
eral-aid highway program and programs au-
thorized under chapter 2; and 
‘‘(B) to make transfers of such sums as 
the Secretary determines to be appropriate to 
the Appalachian Regional Commission for ad-
ministrative activities associated with the Appa-
lachian development highway system. 
‘‘(3) AVAILABILITY.—Funds made available 
under paragraph (1) shall remain available until ex-
pended. 
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal 
year, the Secretary, after making the set-asides authorized 
by subsection (f), subsections (b) and (c) of section 140, 
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and section 130(e), shall apportion the remainder of the 
sums authorized to be appropriated for expenditure on the 
National Highway System program, the congestion miti-
gation and air quality improvement program, the surface 
transportation program, and the highway safety improve-
ment program among the several States in the following 
manner: 
‘‘(1) NATIONAL HIGHWAY SYSTEM PROGRAM.— 
‘‘(A) IN
GENERAL.—For the National 
Highway System program, in accordance with 
the following formula: 
‘‘(i) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total lane miles of prin-
cipal arterial routes (excluding Inter-
state System routes) in each State; 
bears to 
‘‘(II) the total lane miles of prin-
cipal arterial routes (excluding Inter-
state System routes) in all States. 
‘‘(ii) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on lanes on principal arterial 
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routes (excluding Interstate System 
routes) in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on lanes on principal arterial 
routes (excluding Interstate System 
routes) in all States. 
‘‘(iii) 5 percent of the apportionments 
in the ratio that— 
‘‘(I) the quotient obtained by di-
viding the total lane miles on principal 
arterial highways in each State by the 
total population of the State; bears to 
‘‘(II) the quotient obtained by di-
viding the total lane miles on principal 
arterial highways in all States by the 
total population of all States. 
‘‘(iv) 15 percent of the apportion-
ments in the ratio that— 
‘‘(I) the total lane miles on Inter-
state System routes open to traffic in 
each State; bears to 
‘‘(II) the total lane miles on 
Interstate System routes open to traf-
fic in all States. 
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‘‘(v) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on Interstate System routes open 
to traffic in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on Interstate System routes open 
to traffic in all States. 
‘‘(vi) 35 percent of the apportion-
ments in the ratio that— 
‘‘(I) the total of the annual con-
tributions to the Highway Trust Fund 
(other than the Alternative Transpor-
tation Account) attributable to com-
mercial vehicles in each State; bears 
to 
‘‘(II) the total of the annual con-
tributions to the Highway Trust Fund 
(other than the Alternative Transpor-
tation Account) attributable to com-
mercial vehicles in all States. 
‘‘(B) MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), each State 
shall receive a minimum of 1⁄2 of 1 percent of 
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the funds apportioned for a fiscal year under 
this paragraph. 
‘‘(2) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, in the ratio that— 
‘‘(i) the total of all weighted non-
attainment and maintenance area popu-
lations in each State; bears to 
‘‘(ii) the total of all weighted non-
attainment and maintenance area popu-
lations in all States. 
‘‘(B) CALCULATION
OF
WEIGHTED
NON-
ATTAINMENT AND MAINTENANCE AREA POPU-
LATION.—Subject to subparagraph (C), for the 
purpose of subparagraph (A), the weighted non-
attainment and maintenance area population 
shall be calculated by multiplying the popu-
lation of each area in a State that was a non-
attainment area or maintenance area as de-
scribed in section 149(b) for ozone or carbon 
monoxide by a factor of— 
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area is a maintenance area; 
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‘‘(ii) 1.0 if, at the time of the appor-
tionment, the area is classified as a mar-
ginal ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iii) 1.1 if, at the time of the appor-
tionment, the area is classified as a mod-
erate ozone nonattainment area under such 
subpart; 
‘‘(iv) 1.2 if, at the time of the appor-
tionment, the area is classified as a serious 
ozone nonattainment area under such sub-
part; 
‘‘(v) 1.3 if, at the time of the appor-
tionment, the area is classified as a severe 
ozone nonattainment area under such sub-
part; 
‘‘(vi) 1.4 if, at the time of the appor-
tionment, the area is classified as an ex-
treme ozone nonattainment area under 
such subpart; 
‘‘(vii) 1.0 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area as described in sec-
tion 149(b) for ozone, but is classified 
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srobinson on DSK4SPTVN1PROD with BILLS
under subpart 3 of part D of title I of such 
Act (42 U.S.C. 7512 et seq.) as a non-
attainment 
area 
described 
in 
section 
149(b) for carbon monoxide; or 
‘‘(viii) 1.0 if, at the time of the appor-
tionment, an area is designated as non-
attainment for ozone under subpart 1 of 
part D of title I of such Act (42 U.S.C. 
7501 et seq.). 
‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR-
BON
MONOXIDE
AREAS.—If, in addition to 
being designated as a nonattainment or mainte-
nance area for ozone as described in section 
149(b), any county within the area was also 
classified under subpart 3 of part D of title I 
of the Clean Air Act (42 U.S.C. 7512 et seq.) 
as a nonattainment or maintenance area de-
scribed in section 149(b) for carbon monoxide, 
the weighted nonattainment or maintenance 
area population of the county, as determined 
under clauses (i) through (vi) or clause (viii) of 
subparagraph (B), shall be further multiplied 
by a factor of 1.2. 
‘‘(D) MINIMUM
APPORTIONMENT.—Not-
withstanding any other provision of this para-
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graph, each State shall receive a minimum of 
1⁄2 of 1 percent of the funds apportioned for a 
fiscal year under this paragraph. 
‘‘(E) DETERMINATIONS OF POPULATION.— 
In determining population figures for the pur-
poses of this paragraph, the Secretary shall use 
the latest available annual estimates prepared 
by the Secretary of Commerce. 
‘‘(3) SURFACE TRANSPORTATION PROGRAM.— 
‘‘(A) IN GENERAL.—For the surface trans-
portation program, in accordance with the fol-
lowing formula: 
‘‘(i) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears 
to 
‘‘(II) the total lane miles of Fed-
eral-aid highways in all States. 
‘‘(ii) 25 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in each State; bears to 
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‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in all States. 
‘‘(iii) 25 percent of the apportion-
ments in the ratio that— 
‘‘(I) the estimated tax payments 
attributable to highway users in each 
State paid into the Highway Trust 
Fund (other than the Alternative 
Transportation Account) in the latest 
fiscal year for which data are avail-
able; bears to 
‘‘(II) the estimated tax payments 
attributable to highway users in all 
States paid into the Highway Trust 
Fund (other than the Alternative 
Transportation Account) in the latest 
fiscal year for which data are avail-
able. 
‘‘(iv) 35 percent of the apportion-
ments in the ratio that— 
‘‘(I) the bridge replacement and 
rehabilitation costs in each State (as 
determined under subsection (c)(4)); 
bears to 
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