‘‘(g) TRANSFERABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—To the extent that a State 
determines that funds made available under this title 
to the State for a purpose are in excess of the needs 
of the State for that purpose, the State may transfer 
the excess funds to, and use the excess funds for, 
any surface transportation (including mass transit 
and rail) purpose in the State. 
‘‘(2) ENFORCEMENT.—If the Secretary deter-
mines that a State has transferred funds under 
paragraph (1) to a purpose that is not a surface 
transportation purpose as described in paragraph 
(1), the amount of the improperly transferred funds 
shall be deducted from any amount the State would 
otherwise receive from the Highway Trust Fund for 
the fiscal year that begins after the date of the de-
termination.’’. 
(3) FEDERAL-AID SYSTEM.—Section 103(a) of 
title 23, United States Code, is amended by striking 
‘‘systems are the Interstate System and the National 
Highway System’’ and inserting ‘‘system is the 
Interstate System’’. 
(4) INTERSTATE
MAINTENANCE
PROGRAM.— 
Section 104(b) of title 23, United States Code, is 
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amended by striking paragraph (4) and inserting the 
following: 
‘‘(4) 
INTERSTATE
MAINTENANCE
COMPO-
NENT.—For each of fiscal years 2010 through 2014, 
for the Interstate maintenance program under sec-
tion 119, 1 percent to the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the 
Northern Mariana Islands and the remaining 99 
percent apportioned as follows: 
‘‘(A)(i) For each State with an average 
population density of 20 persons or fewer per 
square mile, and each State with a population 
of 1,500,000 persons or fewer and with a land 
area of 10,000 square miles or less, the greater 
of— 
‘‘(I) a percentage share of apportion-
ments equal to the percentage for the 
State described in clause (ii); or 
‘‘(II) a share determined under sub-
paragraph (B). 
‘‘(ii) The percentage referred to in clause 
(i)(I) for a State for a fiscal year shall be the 
percentage calculated for the State for the fiscal 
year under section 105(b) of title 23, United 
States Code. 
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‘‘(B) For each State not described in sub-
paragraph (A), a share of the apportionments 
remaining determined in accordance with the 
following formula: 
‘‘(i) 1⁄9 in the ratio that the total rural 
lane miles in each State bears to the total 
rural lane miles in all States with an aver-
age population density greater than 20 
persons per square mile and all States with 
a population of more than 1,500,000 per-
sons and with a land area of more than 
10,000 square miles. 
‘‘(ii) 1⁄9 in the ratio that the total 
rural vehicle miles traveled in each State 
bears to the total rural vehicle miles trav-
eled in all States described in clause (i). 
‘‘(iii) 2⁄9 in the ratio that the total 
urban lane miles in each State bears to the 
total urban lane miles in all States de-
scribed in clause (i). 
‘‘(iv) 2⁄9 in the ratio that the total 
urban vehicle miles traveled in each State 
bears to the total urban vehicle miles trav-
eled in all States described in clause (i). 
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