969 
with that section were not subject to a limitation on obli-
gations at the time at which the funds were initially made 
available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
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 104 and 144 of title 
23, United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
in addition to the amount of any limitation imposed on 
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obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
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section (a)(4) for the provision specified in subsection 
(a)(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. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
obligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users may 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to 
the original purpose on the date on which obligation 
authority is distributed under this section for the 
next fiscal year following obligation under paragraph 
(1). 
(h) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
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tribution of obligation authority under subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
highways and highway safety construction. 
SEC. 122. In addition to amounts provided in this 
or any other Act for fiscal year 2009, $143,031,303, to 
be derived from the Highway Trust Fund (other than the 
Mass Transit Account), shall be available for the Trans-
portation, Community, and System Preservation Program 
under section 1117 of the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for Users 
(Pub. L. 109–59; 119 Stat. 1144, 1177–1179): Provided, 
That all funds made available under this section shall be 
subject to any limitation on obligations for Federal-aid 
highways and highway safety construction programs set 
forth in this Act or any other Act: Provided further, That 
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such funds shall be administered in accordance with sec-
tion 1117(g)(2) of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users. 
SEC. 123. Of the amounts made available under sec-
tion 104(a) of title 23, United States Code, $33,401,492 
are permanently rescinded. 
SEC. 124. Of the unobligated balances of funds made 
available in fiscal year 2005 and prior fiscal years for the 
implementation or execution of programs for transpor-
tation research, training and education, and technology 
deployment including intelligent transportation systems, 
$11,756,527 are permanently rescinded. 
SEC. 125. There is hereby appropriated to the Sec-
retary of Transportation $161,326,625 for surface trans-
portation priorities: Provided, That the amount provided 
by this section shall be made available for the programs, 
projects and activities identified under this section in the 
explanatory statement accompanying this Act: Provided 
further, That funds provided by this section, at the request 
of a State, shall be transferred by the Secretary to another 
Federal agency: Provided further, That the Federal share 
payable on account of any program, project, or activity 
carried out with funds set aside by this section shall be 
100 percent: Provided further, That the sums set aside by 
this section shall remain available until expended: Pro-
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