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way safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) shall determine the ratio that—
(A) the obligation authority provided by
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2); bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for pro-
visions of law described in paragraphs (1)
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title
23, United States Code, equal to the amount re-
ferred to in subsection (b)(10) for the fiscal
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2);
(4) shall distribute the obligation authority pro-
vided by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2), for section
14501 of title 40, United States Code, so that the
amount of obligation authority available for that sec-
tion is equal to the amount determined by
multiplying—
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(A) the ratio determined under paragraph
(3); by
(B) the sums authorized to be appropriated
for that section for the fiscal year;
(5) shall distribute among the States the obliga-
tion authority provided by subsection (a), less the ag-
gregate amounts not distributed under paragraphs (1)
and (2), for each of the programs that are allocated
by the Secretary under this Act and title 23, United
States Code (other than to programs to which para-
graph (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 amounts
not distributed under paragraphs (1) and (2) and the
amounts distributed under paragraphs (4) and (5),
for Federal-aid highway and highway safety construc-
tion 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
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$639,000,000, and the Appalachian development high-
way 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
(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 2005 through
2009—
(1) revise a distribution of the obligation author-
ity 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 pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 104 and
144 of title 23, United States Code.
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(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under—
(A) chapter 5 of title 23, United States
Code; and
(B) title II of this Act.
(2) EXCEPTION.—Obligation authority made
available under paragraph (1) shall—
(A) remain available for a period of 3 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(f) 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 2005 through
2009, the Secretary shall distribute to the States any
funds that—
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(A) are authorized to be appropriated for
the fiscal year for Federal-aid highway pro-
grams; and
(B) the Secretary determines will not be al-
located to the States, and will not be available
for obligation, in the fiscal year due to the impo-
sition of any obligation limitation for the fiscal
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.
(g) SPECIAL RULE.—Obligation authority distributed
for a fiscal year under subsection (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
and highway safety construction programs for future
fiscal years.
(h) ADJUSTMENT IN OBLIGATION LIMIT.—
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(1) IN GENERAL.—A limitation on obligations
imposed by subsection (a) for a fiscal year shall be
adjusted by an amount equal to the amount deter-
mined in accordance with section 251(b)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year.
(2) DISTRIBUTION.—An adjustment under para-
graph (1) shall be distributed in accordance with this
section.
(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of
law, the total amount of all obligations under section 104(a)
of title 23, United States Code, shall not exceed—
(1) $436,462,453 for fiscal year 2005;
(2) $450,541,887 for fiscal year 2006;
(3) $464,621,321 for fiscal year 2007;
(4) $478,700,755 for fiscal year 2008; and
(5) $492,780,189 for fiscal year 2009.
(j) NATIONAL HIGHWAY SYSTEM COMPONENT.—Sec-
tion 104(b)(1) of title 23, United States Code, is amended
by striking ‘‘$36,400,000’’ and insert ‘‘$46,931,447’’.
SEC. 1103. APPORTIONMENTS.
(a) ADMINISTRATIVE EXPENSES.—
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(1) IN
GENERAL.—Section 104 of title 23,
United States Code, is amended by striking subsection
(a) and inserting the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to be made available
to the Secretary of Transportation for administrative
expenses of the Federal Highway Administration—
‘‘(A) $436,462,453 for fiscal year 2005;
‘‘(B) $450,541,887 for fiscal year 2006;
‘‘(C) $464,621,321 for fiscal year 2007;
‘‘(D) $478,700,755 for fiscal year 2008; and
‘‘(E) $492,780,189 for fiscal year 2009.
‘‘(2) PURPOSES.—The funds authorized by this
subsection shall be used—
‘‘(A) to administer the provisions of law to
be financed from appropriations for the Federal-
aid highway program and programs authorized
under chapter 2; and
‘‘(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for adminis-
trative activities associated with the Appa-
lachian development highway system.
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‘‘(3) AVAILABILITY.—The funds made available
under paragraph (1) shall remain available until ex-
pended.’’.
(2) CONFORMING AMENDMENTS.—Section 104 of
title 23, United States Code, is amended—
(A) in the matter preceding paragraph (1)
of subsection (b), by striking ‘‘the deduction au-
thorized by subsection (a) and’’;
(B) in the first sentence of subsection (e)(1),
by striking ‘‘, and also’’ and all that follows
through ‘‘this section’’; and
(C) in subsection (i), by striking ‘‘deducted’’
and inserting ‘‘made available’’.
(b) METROPOLITAN PLANNING.—Section 104(f) of title
23, United States Code, is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) SET-ASIDE.—On October 1 of each fiscal
year, the Secretary shall set aside 1.5 percent of the
funds authorized to be appropriated for the Interstate
maintenance, national highway system, surface trans-
portation, congestion mitigation and air quality im-
provement, highway safety improvement, and high-
way bridge programs authorized under this title to
carry out the requirements of section 134.’’;
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(2) in paragraph (2), by striking ‘‘per centum’’
and inserting ‘‘percent’’;
(3) in paragraph (3)—
(A) by striking ‘‘The funds’’ and inserting
the following:
‘‘(A) IN GENERAL.—The funds’’; and
(B) by striking ‘‘These funds’’ and all that
follows and inserting the following:
‘‘(B) UNUSED FUNDS.—Any funds that are
not used to carry out section 134 may be made
available by a metropolitan planning organiza-
tion to the State to fund activities under section
135.’’; and
(4) by adding at the end the following:
‘‘(6) FEDERAL SHARE.—Funds apportioned to a
State under this subsection shall be matched in ac-
cordance with section 120(b) unless the Secretary de-
termines that the interests of the Federal-aid highway
program would be best served without the match.’’.
(c) ALASKA HIGHWAY.—Section 104(b)(1)(A) of title
23, United States Code, is amended by striking
‘‘$18,800,000 for each of fiscal years 1998 through 2002’’
and inserting ‘‘$30,000,000 for each of fiscal years 2005
through 2009’’.
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SEC. 1104. EQUITY BONUS PROGRAM.
(a) IN GENERAL.—Section 105 of title 23, United
States Code, is amended to read as follows:
‘‘§ 105. Equity bonus program
‘‘(a) PROGRAM.—
‘‘(1) IN
GENERAL.—Subject to subsections (c)
and (d), for each of fiscal years 2005 through 2009,
the Secretary shall allocate among the States amounts
sufficient to ensure that no State receives a percentage
of the total apportionments for the fiscal year for the
programs specified in paragraph (2) that is less than
the percentage calculated under subsection (b).
‘‘(2) SPECIFIC
PROGRAMS.—The programs re-
ferred to in subsection (a) are—
‘‘(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 highway safety improvement pro-
gram under section 148;
‘‘(F) the congestion mitigation and air
quality improvement program under section 149;
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‘‘(G) 
metropolitan 
planning 
programs
under section 104(f) (other than planning pro-
grams funded by amounts provided under the eq-
uity bonus program under this section);
‘‘(H) the infrastructure performance and
maintenance program under section 139;
‘‘(I) the equity bonus program under this
section;
‘‘(J) the Appalachian development highway
system program under subtitle IV of title 40;
‘‘(K) the recreational trails program under
section 206;
‘‘(L) the safe routes to schools program
under section 150;
‘‘(M) the rail-highway grade crossing pro-
gram under section 130; and
‘‘(N) the border planning, operations, tech-
nology, and capacity program under section 172.
‘‘(b) STATE PERCENTAGE.—
‘‘(1) IN GENERAL.—The percentage referred to in
subsection (a) for each State shall be—
‘‘(A) 92 percent of the quotient obtained by
dividing—
‘‘(i) the estimated tax payments attrib-
utable to highway users in the State paid