U.S. Code > Title 23 Highways > CHAPTER 1—FEDERAL-AID HIGHWAYS (§§ 101—181_to_190) > § 105. Equity bonus program

§ 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 referred to in subsection (a) are—
(A) the Interstate maintenance program under section 119;
(B) the national highway system program under section 103;
(C) the highway bridge program under section 144;
(D) the surface transportation program under section 133;
(E) the highway safety improvement program under section 148;
(F) the congestion mitigation and air quality improvement program under section 149;
(G) metropolitan planning programs under section 104 (f);
(H) the high priority projects program under section 117;
(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 school program under section 1404 of the SAFETEA–LU;
(M) the rail-highway grade crossing program under section 130; and
(N) the coordinated border infrastructure program under section 1303 of the SAFETEA–LU.
(b) State Percentage.—
(1) In general.— The percentage referred to in subsection (a) for each State shall be—
(A) for each of fiscal years 2005 and 2006, 90.5 percent, for fiscal year 2007, 91.5 percent, and for each of fiscal years 2008 and 2009, 92 percent, of the quotient obtained by dividing—
(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; by
(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year; or
(B) for a State with a total population density of less than 40 persons per square mile (as reported in the decennial census conducted by the Federal Government in 2000) and of which at least 1.25 percent of the total acreage is under Federal jurisdiction, based on the report of the General Services Administration entitled “Federal Real Property Profile” and dated September 30, 2004, a State with a total population of less than 1,000,000 (as reported in that decennial census), a State with a median household income of less than $35,000 (as reported in that decennial census), a State with a fatality rate during 2002 on Interstate highways that is greater than one fatality for each 100,000,000 vehicle miles traveled on Interstate highways, or a State with an indexed, State motor fuels excise tax rate higher than 150 percent of the Federal motor fuels excise tax rate as of the date of enactment of the SAFETEA–LU, the greater of—
(i) the applicable percentage under subparagraph (A); or
(ii) the average percentage of the State’s share of total apportionments for the period of fiscal years 1998 through 2003 for the programs specified in paragraph (2).
(2) Specific programs.— The programs referred to in paragraph (1)(B)(ii) are (as in effect on the day before the date of enactment of the SAFETEA–LU)—
(A) the Interstate maintenance program under section 119;
(B) the national highway system program under section 103;
(C) the highway bridge program under section 144;
(D) the surface transportation program under section 133;
(E) the recreational trails program under section 206;
(F) the high priority projects program under section 117;
(G) the minimum guarantee provided under this section;
(H) revenue aligned budget authority amounts provided under section 110;
(I) the congestion mitigation and air quality improvement program under section 149;
(J) the Appalachian development highway system program under subtitle IV of title 40; and
(K) metropolitan planning programs under section 104 (f).
(c) Special Rules.—
(1) Minimum combined allocation.— For each fiscal year, before making the allocations under subsection (a)(1), the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a combined total of amounts allocated under subsection (a)(1), apportionments for the programs specified in subsection (a)(2), and amounts allocated under this subsection, that is less than the following percentages of the average for fiscal years 1998 through 2003 of the annual apportionments for the State for all programs specified in subsection (b)(2):
(A) For fiscal year 2005, 117 percent.
(B) For fiscal year 2006, 118 percent.
(C) For fiscal year 2007, 119 percent.
(D) For fiscal year 2008, 120 percent.
(E) For fiscal year 2009, 121 percent.
(2) No negative adjustment.— No negative adjustment shall be made under subsection (a)(1) to the apportionment of any State.
(d) Treatment of Funds.—
(1) Programmatic distribution.— The Secretary shall apportion the amounts made available under this section that exceed $2,639,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that—
(A) the amount of funds apportioned to each State for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) for a fiscal year; bears to
(B) the total amount of funds apportioned to such State for all such programs for such fiscal year.
(2) Remaining distribution.— The Secretary shall administer the remainder of funds made available under this section to the States in accordance with section 104 (b)(3), except that paragraphs (1) through (3) of section 133 (d) shall not apply to amounts administered pursuant to this paragraph.
(e) Metro Planning Set Aside.— Notwithstanding section 104 (f), no set aside provided for under that section shall apply to funds allocated under this section.
(f) Authorization of Appropriations.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009.