§ 104. Apportionment
(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 for administrative expenses of the Federal Highway Administration—
(b)
Apportionments.—
On October 1 of each fiscal year, the Secretary, after making the set-asides authorized by subsections (d) and (f) and section
130
(e), shall apportion the remainder of the sums authorized to be appropriated for expenditure on the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, and the Surface Transportation program for that fiscal year, among the several States in the following manner:
(1)
National highway system component.—
(A)
In general.—
For the National Highway System (excluding funds apportioned under paragraph (4)), $40,000,000 for each of fiscal years 2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 2009 for the territorial highway program under section
215, $30,000,000 for each of fiscal years 2005 through 2009 for the Alaska Highway, and the remainder apportioned as follows:
(i)
25 percent in the ratio that—
(ii)
35 percent in the ratio that—
(2)
Congestion mitigation and air quality improvement program.—
(A)
In general.—
For the congestion mitigation and air quality improvement program, in the ratio that—
(B)
Calculation of weighted nonattainment and maintenance area population.—
Subject to subparagraph (C), for the purpose of subparagraph (A), the weighted nonattainment and maintenance area population shall be calculated by multiplying the population of each area in a State that was a nonattainment area or maintenance area as described in section
149
(b) for ozone or carbon monoxide by a factor of—
(ii)
1.0 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 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 apportionment, the area is classified as a moderate ozone nonattainment area under such subpart;
(iv)
1.2 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under such subpart;
(v)
1.3 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under such subpart;
(vi)
1.4 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under such subpart;
(vii)
1.0 if, at the time of the apportionment, the area is not a nonattainment or maintenance area as described in section
149
(b) for ozone, but is classified under subpart 3 of part D of title I of such Act (42 U.S.C. 7512 et seq.) as a nonattainment area described in section
149
(b) for carbon monoxide; or
(C)
Additional adjustment for carbon monoxide areas.—
If, in addition to being designated as a nonattainment or maintenance 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 described 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.
(3)
Surface transportation program.—
(A)
In general.—
For the surface transportation program, in accordance with the following formula:
(4)
Interstate maintenance component.—
For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System—
(5)
Highway safety improvement program.—
(A)
In general.—
For the highway safety improvement program, in accordance with the following formula:
(c)
Transferability of NHS Apportionments.—
A State may transfer not to exceed 50 percent of the State’s apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State’s apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. Section
133
(d) shall not apply to funds transferred under this subsection.
(d)
Operation Lifesaver and High Speed Rail Corridors.—
(1)
Operation lifesaver.—
To carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings—
(2)
Railway-highway crossing hazard elimination in high speed rail corridors.—
(A)
Funding.—
To carry out the elimination of hazards at railway-highway crossings—
(B)
Eligible corridors.—
Subject to subparagraph (E), funds made available under subparagraph (A) shall be expended for projects in—
(C)
Required inclusion of high speed rail lines.—
A corridor selected by the Secretary under subparagraph (B) shall include rail lines where railroad speeds of 90 miles or more per hour are occurring or can reasonably be expected to occur in the future.
(D)
Considerations in corridor selection.—
In selecting corridors under subparagraph (B), the Secretary shall consider—
(ii)
the percentage of each corridor over which a train will be capable of operating at its maximum cruise speed taking into account such factors as topography and other traffic on the line;
(iii)
projected benefits to nonriders such as congestion relief on other modes of transportation serving each corridor (including congestion in heavily traveled air passenger corridors);
(E)
Certain improvements.—
Of such set-aside, not less than $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year 2009 shall be available for eligible improvements to the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor.
(e)
Certification of Apportionments.—
(1)
In general.—
On October 1 of each fiscal year the Secretary shall certify to each of the State transportation departments the sums which he has apportioned hereunder to each State for such fiscal year. To permit the States to develop adequate plans for the utilization of apportioned sums, the Secretary shall advise each State of the amount that will be apportioned each year under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are authorized, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds.
(2)
Notice to states.—
If the Secretary has not made an apportionment under section
104,
105, or
144 by the 21st day of a fiscal year beginning after September 30, 1998, the Secretary shall transmit, by such 21st day, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written statement of the reason for not making such apportionment in a timely manner.
(f)
Metropolitan Planning.—
(1)
Set-aside.—
On October 1 of each fiscal year, the Secretary shall set aside 1.25 percent of the funds authorized to be appropriated for the Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge programs authorized under this title to carry out the requirements of section
134.
(2)
Apportionment to states of set-aside funds.—
These funds shall be apportioned to the States in the ratio which the population in urbanized areas or parts thereof, in each State bears to the total population in such urbanized areas in all the States as shown by the latest available census, except that no State shall receive less than one-half percent of the amount apportioned.
(3)
Use of funds.—
(A)
In general.—
The funds apportioned to any State under paragraph (2) of this subsection shall be made available by the State to the metropolitan planning organizations responsible for carrying out the provisions of section
134 of this title, except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas.
(4)
Distribution of funds within states.—
(A)
In general.—
The distribution within any State of the planning funds made available to agencies under paragraph (3) of this subsection shall be in accordance with a formula developed by each State and approved by the Secretary which shall consider but not necessarily be limited to, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out the requirements of section
134 and other applicable requirements of Federal law.
(B)
Reimbursement.—
Not later than 30 days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section
134, the State shall reimburse, from funds distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.
(g)
Not more than 40 per centum of the amount apportioned in any fiscal year to each State in accordance with sections
130 and
144 may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a transfer is requested by the State transportation department and is approved by the Secretary as being in the public interest. The Secretary may approve the transfer of 100 per centum of the apportionment under one such section to the apportionment under any other of such sections if such transfer is requested by the State transportation department, and is approved by the Secretary as being in the public interest, if he has received satisfactory assurances from such State transportation department that the purposes of the program from which such funds are to be transferred have been met. A State may transfer not to exceed 50 percent of the State’s apportionment under section
144 in any fiscal year to the apportionment of such State under subsection (b)(1) or subsection (b)(3) of this section. Any transfer to subsection (b)(3) shall not be subject to section
133
(d). Nothing in this subsection authorizes the transfer of any amount apportioned from the Highway Trust Fund to any apportionment the funds for which were not from the Highway Trust Fund, and nothing in this subsection authorizes the transfer of any amount apportioned from funds not from the Highway Trust Fund to any apportionment the funds for which were from the Highway Trust Fund.
(h)
Recreational Trails Program.—
(1)
Administrative costs.—
Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section
206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009. The Secretary may enter into contracts with for-profit organizations or contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations to perform these tasks.
(i)
Audits of Highway Trust Fund.—
From administrative funds made available under subsection (a), the Secretary may reimburse the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section
3521 of title
31.
(j)
Report to Congress.—
The Secretary shall submit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet, for each fiscal year on—
(1)
the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year;
(2)
the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section and sections
105 and
144;
(3)
the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; and
(k)
Transfer of Highway and Transit Funds.—
(1)
Transfer of highway funds for transit projects.—
(2)
Transfer of transit funds for highway projects.—
(3)
Transfer of funds among states or to federal highway administration.—
(A)
In general.—
Subject to subparagraphs (B) and (C), the Secretary may, at the request of a State, transfer funds apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding one or more projects that are eligible for assistance with funds so apportioned or allocated.
(B)
Apportionment.—
The transfer shall have no effect on any apportionment of funds to a State under this section or section
105 or
144.
(C)
Surface transportation program.—
Funds that are apportioned or allocated to a State under subsection (b)(3) and attributed to an urbanized area of a State with a population of over 200,000 individuals under section
133
(d)(3) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.
(l)
Effect of Certain Delay in Deposits Into Highway Trust Fund.—
Notwithstanding any other provision of law, deposits into the Highway Trust Fund resulting from the application of section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into account in determining the apportionments and allocations that any State shall be entitled to receive under the Transportation Equity Act for the 21st Century and this title.
[1] See References in Text note below.