23 U.S.C. § 105 : US Code - Section 105: Equity bonus program

Search 23 U.S.C. § 105 : US Code - Section 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 replacement and rehabilitation 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 replacement and rehabilitation 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.