23 U.S.C. § 104 : US Code - Section 104: Apportionment

Search 23 U.S.C. § 104 : US Code - Section 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 -
(A) $353,024,000 for fiscal year 2005;
(B) $370,613,540 for fiscal year 2006;
(C) $389,079,500 for fiscal year 2007;
(D) $408,465,500 for fiscal year 2008; and
(E) $423,717,460 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 administrative activities associated with the
Appalachian development highway system.
(3) Availability. - The funds made available under paragraph
(1) shall remain available until expended.
(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 -
(I) the total lane miles of principal arterial routes
(excluding Interstate System routes) in each State; bears
to
(II) the total lane miles of principal arterial routes
(excluding Interstate System routes) in all States.
(ii) 35 percent in the ratio that -
(I) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
(II) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
(iii) 30 percent in the ratio that -
(I) the total diesel fuel used on highways in each State;
bears to
(II) the total diesel fuel used on highways in all
States.
(iv) 10 percent in the ratio that -
(I) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by the
total population of the State; bears to
(II) the quotient obtained by dividing the total lane
miles on principal arterial highways in all States by the
total population of all States.
(B) Minimum apportionment. - Notwithstanding subparagraph (A)
and paragraph (4), each State shall receive a minimum of 1/2
of 1 percent of the funds apportioned under subparagraph (A)
and paragraph (4).
(2) Congestion mitigation and air quality improvement program. -

(A) In general. - For the congestion mitigation and air
quality improvement program, in the ratio that -
(i) the total of all weighted nonattainment and maintenance
area populations in each State; bears to
(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
(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 -
(i) 1.0 if, at the time of apportionment, the area is a
maintenance area;
(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
(viii) 1.0 if, at the time of apportionment, an area is
designated as nonattainment for ozone under subpart 1 of part
D of title I of such Act (42 U.S.C. 7512 et seq.).(!1)
(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.
(D) Minimum apportionment. - Notwithstanding any other
provision of this paragraph, each State shall receive a minimum
of 1/2 of 1 percent of the funds apportioned under this
paragraph.
(E) Determinations of population. - In determining population
figures for the purposes of this paragraph, the Secretary shall
use the latest available annual estimates prepared by the
Secretary of Commerce.
(3) Surface transportation program. -
(A) In general. - For the surface transportation program, in
accordance with the following formula:
(i) 25 percent of the apportionments in the ratio that -
(I) the total lane miles of Federal-aid highways in each
State; bears to
(II) the total lane miles of Federal-aid highways in all
States.
(ii) 40 percent of the apportionments in the ratio that -
(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-
aid highways in all States.
(iii) 35 percent of the apportionments in the ratio that -
(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year
for which data are available; bears to
(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year
for which data are available.
(B) Minimum apportionment. - Notwithstanding subparagraph
(A), each State shall receive a minimum of 1/2 of 1 percent
of the funds apportioned under this paragraph.
(4) Interstate maintenance component. - For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System -
(A) 33 1/3 percent in the ratio that -
(i) the total lane miles on Interstate System routes open
to traffic in each State; bears to
(ii) the total of all such lane miles in all States;
(B) 33 1/3 percent in the ratio that -
(i) the total vehicle miles traveled on Interstate System
routes open to traffic in each State; bears to
(ii) the total of all such vehicle miles traveled in all
States; and
(C) 33 1/3 percent in the ratio that -
(i) the total of each State's annual contributions to the
Highway Trust Fund (other than the Mass Transit Account)
attributable to commercial vehicles; bears to
(ii) the total of such annual contributions by all States.
(5) Highway safety improvement program. -
(A) In general. - For the highway safety improvement program,
in accordance with the following formula:
(i) 33 1/3 percent of the apportionments in the ratio that
-
(I) the total lane miles of Federal-aid highways in each
State; bears to
(II) the total lane miles of Federal-aid highways in all
States.
(ii) 33 1/3 percent of the apportionments in the ratio
that -
(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-
aid highways in all States.
(iii) 33 1/3 percent of the apportionments in the ratio
that -
(I) the number of fatalities on the Federal-aid system in
each State in the latest fiscal year for which data are
available; bears to
(II) the number of fatalities on the Federal-aid system
in all States in the latest fiscal year for which data are
available.
(B) Minimum apportionment. - Notwithstanding subparagraph
(A), each State shall receive a minimum of one-half of 1
percent of the funds apportioned under this paragraph.
(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 -
(A) before making an apportionment under subsection (b)(3)
for fiscal year 2005, the Secretary shall set aside $560,000
for such fiscal year; and
(B) there is authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) $560,000 for
each of fiscal years 2006 through 2009.
(2) Railway-highway crossing hazard elimination in high speed
rail corridors. -
(A) Funding. - To carry out the elimination of hazards at
railway-highway crossings -
(i) before making an apportionment under subsection (b)(3)
for fiscal year 2005, the Secretary shall set aside
$5,250,000 for such fiscal year; and
(ii) there is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
$7,250,000 for fiscal year 2006, $10,000,000 for fiscal year
2007, $12,500,000 for fiscal year 2008, and $15,000,000 for
fiscal year 2009.
(B) Eligible corridors. - Subject to subparagraph (E), funds
made available under subparagraph (A) shall be expended for
projects in -
(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause);
(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D);
(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
(v) an Empire State railway corridor from New York City to
Albany to Buffalo, New York.
(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 -

(i) projected rail ridership volume in each corridor;
(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);
(iv) the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line
and related facilities; and
(v) the cooperation of the owner of the right-of-way that
can reasonably be expected in the operation of high speed
rail passenger service in each corridor.
(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.
(F) Authorization of appropriations. - There is authorized to
be appropriated $15,000,000 for each of fiscal years 1999
through 2003 to carry out this subsection.
(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 replacement and
rehabilitation 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.
(B) Unused funds. - Any funds that are not used to carry out
section 134 may be made available by a metropolitan planning
organization to the State to fund activities under section 135.
(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.
(5) Determination of population figures. - For the purposes of
determining population figures under this subsection, the
Secretary shall use the most recent estimate published by the
Secretary of Commerce.
(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.
(2) Apportionment to the states. - The Secretary shall
apportion the sums authorized to be appropriated for expenditure
on the recreational trails program for each fiscal year, among
the States in the following manner:
(A) 50 percent of that amount shall be apportioned equally
among eligible States.
(B) 50 percent of that amount shall be apportioned among
eligible States in amounts proportionate to the degree of non-
highway recreational fuel use in each of those States during
the preceding year.
(3) Eligible state defined. - In this section, the term
"eligible State" means a State that meets the requirements of
section 206(c).
(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
(4) the rates of obligation of funds apportioned or set aside
under this section and sections 105, 133, and 144, according to -

(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including urbanized and rural
areas, on the basis of the population of each such area.
(k) Transfer of Highway and Transit Funds. -
(1) Transfer of highway funds for transit projects. -
(A) In general. - Subject to subparagraph (B), funds made
available for transit projects or transportation planning under
this title may be transferred to and administered by the
Secretary in accordance with chapter 53 of title 49.
(B) Non-federal share. - The provisions of this title
relating to the non-Federal share shall apply to the funds
transferred under subparagraph (A).
(2) Transfer of transit funds for highway projects. -
(A) In general. - Subject to subparagraph (B), funds made
available for highway projects or transportation planning under
chapter 53 of title 49 may be transferred to and administered
by the Secretary in accordance with this title.
(B) Non-federal share. - The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to funds
transferred under subparagraph (A).
(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.
(4) Transfer of obligation authority. - Obligation authority
for funds transferred under this subsection shall be transferred
in the same manner and amount as the funds for the projects that
are transferred under this subsection.
(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.