§ 104. Apportionment

Type Statute

Publication 2025-09-29

State In force

Department United States Congress

Source OLRC

articles 2

Subsec. (b)(5)(A). Pub. L. 100–17, § 102(b)(1), inserted after “September 30, 1990.” the following: “The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1989. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years 1991 and 1992. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1991. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal year 1993.”

Pub. L. 100–17, § 102(b)(2), inserted at end “On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the apportionment required by this subparagraph using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds. If, before apportionment of funds under this subparagraph for any fiscal year, the Secretary and a State highway department agree that a portion of the apportionment to such State is not needed for such fiscal year, the amount of such portion shall be made available under section 118(b)(2) of this title.”

Subsec. (g). Pub. L. 100–202 substituted “sections 130, 144, and 152 of this title” for “sections 144, 152, and 153 of this title, or section 203(d) of the Highway Safety Act of 1973,” and struck out “All or any part of the funds apportioned in any fiscal year to a State in accordance with section 203(d) of the Highway Safety Act of 1973 from funds authorized in section 203(c) of such Act, may be transferred from that apportionment to the apportionment made under section 219 of this title if such transfer is requested by the State highway department and is approved by the Secretary after he has received satisfactory assurances from such department that the purposes of such section 203 have been met.”

1981—Subsec. (b)(5)(A). Pub. L. 97–134, § 4(c), inserted provision that the Secretary shall include only those costs eligible for funds authorized by section 108(b) of the Federal Highway Act of 1956 in making the revised estimate of completing Interstate System for the purpose of transmitting it to the Congress within ten days subsequent to Jan. 2, 1983 or thereafter.

Subsec. (b)(5)(B). Pub. L. 97–134, § 5, inserted reference to reconstruction in opening par., substituted “55 per centum in the ratio that lane miles on the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 45 per centum in the ratio that vehicle miles traveled on lanes on the Interstate routes designated under sections 103 and 139(c) of this title” for “Seventy-five per centum in the ratio that lane miles in use for more than five years on the Interstate System (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 25 per centum in the ratio that vehicle miles traveled on lanes in use for more than five years on the Interstate System” and inserted provision that no State excluding any State that has no interstate lane miles shall receive less than one-half of 1 per centum of the total apportionment made by this subparagraph for any fiscal year.

1978—Subsec. (b)(5)(A). Pub. L. 95–599, § 108, inserted provision relating to deadline for inclusion of estimate.

Subsec. (b)(5)(B). Pub. L. 95–599, § 116(b), substituted provisions limiting apportionment of funds ratio to seventy-five percent of lane miles ratio and twenty-five of miles traveled ratio for provision establishing a straight ratio for such apportionment.

Subsec. (d). Pub. L. 95–599, § 109, substituted “50” for “40” and “20” wherever appearing.

Subsec. (h). Pub. L. 95–599, § 110, added subsec. (h).

1976—Subsec. (b). Pub. L. 94–280, § 112(a), substituted “On October 1 of each fiscal year” for “On or before January 1 next preceding the commencement of each fiscal year,”.

Subsec. (b)(1). Pub. L. 94–280, § 112(b), inserted in introductory text “(including extensions in urban areas and priority primary routes)”, made existing provisions applicable for a two-third apportionment of monies, striking out “in all the States at the close of the next preceding calendar year” before “as shown by a certificate of the Postmaster General” and inserted provision for a one-third apportionment in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census.

Subsec. (b)(3). Pub. L. 94–280, § 112(c), repealed provisions respecting apportionment of monies for extensions of the Federal-aid primary and Federal-aid secondary systems within urban areas in the ratio which the population in municipalities and other urban places of five thousand or more in each State bears to the total population in municipalities and other urban places of five thousand or more in all of the States as shown by the latest available Federal census.

Subsec. (b)(5)(A). Pub. L. 94–280, §§ 106(b), 107(b), 112(g), designated existing provisions as subpar. (A) and inserted introductory phrase “Except as provided in subparagraph B—”; substituted wherever appearing in introductory phrase and second and third sentences “1990” for “1979”; substituted provision for apportionment for fiscal year ending September 30, 1977, for prior provision for fiscal year ending June 30, 1977, substituted provision for apportionment for fiscal year ending September 30, 1978, in accordance with section 103 of Federal-Aid Highway Act of 1976, for prior provision for apportionment for fiscal year ending June 30, 1978, substituted provision for apportionment for fiscal year ending September 30, 1979, for prior provision for fiscal year ending June 30, 1979, provided for apportionment for fiscal year ending September 30, 1980, and inserted provisions for revised estimates of completion costs and transmittal thereof to Congress within ten days subsequent to January 2, 1979, 1981, 1983, 1985, and 1987 for apportionments for fiscal years ending September 30, 1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and 1989 and 1990; and substituted in third sentence “October 1 of the year preceding the fiscal year for which authorized” for “a date as far in advance of the beginning of the fiscal year for which authorized as practicable but in no case more than eighteen months prior to the beginning of the fiscal year for which authorized”.

Subsec. (b)(5)(B). Pub. L. 94–280, § 106(b), added subpar. (B).

Subsec. (c). Pub. L. 94–280, § 113(a), designated existing provisions as par. (1), substituted “Subject to subsection (d), the amount” for “Not more than 40 per centum of the amount” and “transferred from the apportionment under one paragraph to the apportionment under the other paragraph” for “transferred from the apportionment under one paragraph to the apportionment under any other of such paragraphs” and struck out former last sentence reading “The total of such transfers shall not increase the original apportionment under any of such paragraphs by more than 40 per centum.”, and incorporated former subsec. (d) provisions in a new par. (2), substituting “Subject to subsection (d), the amount” for “Not more than 40 per centum of the amount” and paragraph “(1)” for “(3)” and striking out former last sentence reading “The total of such transfers shall not increase the original apportionment under either of such paragraphs by more than 40 per centum.”

Subsec. (d). Pub. L. 94–280, § 113(a), inserted provisions respecting conditions for transfer of apportionments under subsec. (c) of this section and struck out prior subsec. (d) provisions respecting transfer of certain apportionments, now incorporated in subsec. (c)(2) of this section.

Subsec. (e). Pub. L. 94–280, § 112(d), in first sentence, substituted “On October 1” for “On or before January 1 preceding the commencement” and inserted “(other than under subsection (b)(5) of this section)” after “hereunder” and inserted certification provision respecting sums apportioned under subsec. (b)(5) of this section to each State highway department and amount of deductions for administration and research; and inserted provisions advising the States not less than ninety days before the beginning of the fiscal year of amounts to be apportioned to the States and in the case of the Interstate System ninety days prior to the apportionment of funds.

Subsec. (f)(1). Pub. L. 94–280, § 112(e), substituted “On October 1” for “On or before January 1 next preceding the commencement” and inserted exception provision.

Subsec. (f)(3). Pub. L. 94–280, § 112(f), authorized State use of apportioned funds to finance transportation planning outside of urbanized areas.

Subsec. (g). Pub. L. 94–280, § 206, increased percentage limitation to “40 per centum” from “30 per centum”; authorized approval by Secretary of transfer of apportionments when requested by the State highway department and approved by the Secretary as being in the public interest; and provided for transfer of apportionments under section 203(c) and (d) of the Highway Safety Act of 1973, to apportionments under section 219 of this title, and clarified the authority for apportionment of Highway Trust Fund funds.

1973—Subsec. (b)(1). Pub. L. 93–87, § 111(a)(1), (2), substituted “intercity mail routes where service is performed by motor vehicles” for “star routes” in two places, “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States” for “one-third in the ratio which the population of each State bears to the total population of all the States”, and “No State (other than the District of Columbia) shall receive” for “No State shall receive”.

Subsec. (b)(2). Pub. L. 93–87, § 111(a)(1), (3), substituted “intercity mail routes where service is performed by motor vehicles” for “star routes” in two places, “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all of the States” for “one-third in the ratio which the rural population of each State bears to the total rural population of all the States”, and “No State (other than the District of Columbia) shall receive” for “No State shall receive”.

Subsec. (b)(5). Pub. L. 93–87, § 106(b), extended from 1976 to 1979, the date for completion of the Interstate System; and authorized the Secretary to use the Federal share of the approved estimate in making apportionments for fiscal years ending June 30, 1976, 1977, 1978, and 1979, reenacted requirement that Secretary make a revised estimate of cost of completing the then designated Interstate System, substituting Jan. 2, 1975, for Jan. 2, 1974, as the commencing date for the ten day period for transmittal of the revised cost estimate, and reenacted provisions of last sentence without change, respectively.

Subsec. (b)(6). Pub. L. 93–87, § 111(a)(4), substituted “urban areas” for “urbanized areas” in two places and mandated that no State shall receive less than one-half of 1 per centum of each year’s apportionment.

Subsec. (c). Pub. L. 93–87, § 111(a)(5), (7), substituted “40” for “20” per centum in two places and struck out reference to par. (3) of subsec. (b) of this section and provision of last sentence that nothing contained in subsec. (c) shall alter or impair the authority contained in subsec. (d) of this section.

Subsec. (d). Pub. L. 93–87, § 111(a)(6), substituted provisions respecting transfer of apportionment of funds under pars. (3) and (6) of subsec. (b) of this section from one paragraph to the other when requested by the State highway department and approved as in the public interest by the Governor of the State and the Secretary for former provisions which authorized expenditure of subsec. (b)(2) funds apportioned for Federal-aid secondary system to a State for projects on another Federal-aid system when the State highway department and the Secretary were in joint agreement as to such other expenditure.

Subsec. (f). Pub. L. 93–87, § 112, incorporated provisions of former subsec. (f) that “Not to exceed 50 per centum of the amounts apportioned in accordance with paragraph (3) of subsection (b) of this section may be expended for projects on the Federal-aid urban system” in provisions designated as par. (1) and stating that “On or before January 1 next preceding the commencement of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title.” and added pars. (2)–(4).

Subsec. (g). Pub. L. 93–87, § 227, added subsec. (g).

1970—Subsec. (b)(5). Pub. L. 91–605, § 104(b), extended from 1974 to 1976 the date for completion of the Interstate System, substituted “on April 20, 1970” for “within ten days subsequent to January 2, 1970” as the date for submission by the Secretary to Congress of a revised completion cost estimate of the Interstate System, struck out reference of finality as applied to this estimate, deleted June 30, 1974 from the enumerated list of fiscal years for which the Secretary shall use the Federal share of the approved 1970 estimate in making apportionments, inserted provision directing the Secretary to submit to Congress a revised Interstate System completion cost estimate within 10 days from Jan. 2, 1972 with apportionments to be made by the Secretary for use in the fiscal years 1974 and 1975 from the Federal share of the approved estimate, and inserted provision directing the Secretary to submit to Congress another cost estimate within 10 days from Jan. 2, 1974 to be used for making apportionments for the fiscal year 1976.

Subsec. (b)(6). Pub. L. 91–605, § 106(c)(2), added par. (6).

Subsec. (f). Pub. L. 91–605, § 106(c)(1), added subsec. (f).

1968—Subsec. (b)(5). Pub. L. 90–495 extended from 1972 to 1974 the date for completion of the Interstate System, added the fiscal year ending June 30, 1971, to the enumeration of fiscal years for which the Secretary may use the Federal share of approval estimates in making apportionments, substituted January 2, 1970, for January 2, 1969, as the date for commencement of the 10–day period during which the Secretary shall transmit to Congress his final revised estimate of the cost of completing the Interstate system, and added the fiscal years ending June 30, 1973, and June 30, 1974, to the enumerated list of fiscal years for which the Secretary shall use the Federal share of the approved estimate in making apportionments.

1966—Subsec. (b)(5). Pub. L. 89–574 substituted “1972” for “1971” wherever appearing except in provision requiring the Secretary, with the approval of Congress, to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1971, and, in such provision, retained the authority of the Secretary to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1971, but extended the authority of the Secretary to use the Federal share of the approved estimates in making apportionments for the fiscal year ending June 30, 1972, as well.

1964—Subsec. (b)(5). Pub. L. 88–423 substituted “January 2, 1961” for “January 2, 1962”.

1963—Subsec. (b)(3). Pub. L. 88–157, § 2, struck out provision which considered Connecticut and Vermont towns as municipalities for the purposes of par. (3) regardless of their incorporated status.

Subsec. (b)(5). Pub L. 88–157, § 3, substituted “1971” for “1969” in introductory text and 3d sentence; inserted “For the fiscal years 1960 through 1966,” and substituted “such State” for “each State” in 1st sentence; inserted 2d sentence respecting apportionment for fiscal years 1967 through 1971; substituted in 9th sentence “January 2, 1965” for “January 2, 1966, and annually thereafter through and including January 2, 1968”; substituted in 10th sentence “Upon the approval of such estimate by the Congress” for “Upon approval of any such estimate by the Congress by concurrent resolution” and “fiscal years ending June 30, 1967; June 30, 1968; and June 30, 1969” for “fiscal year which begins next following the fiscal year in which such report is transmitted to the Senate and the House of Representatives” and inserted “the Federal share of” before “such approved estimate”; and inserted 11th through 14th sentences, respecting revised cost estimate for completion of the Interstate System and its submission to Congress within 10 days after Jan. 2, 1968, apportionment for fiscal year ending June 30, 1970, final revised cost estimate for completion of the Interstate System and its submission to Congress within 10 days after Jan. 2, 1969, and apportionment for fiscal year ending June 30, 1971, respectively.

1962—Subsec. (b)(1). Pub. L. 87–866 substituted “preceding calendar year” for “preceding fiscal year”.

1960—Subsec. (b)(5). Pub L. 86–657 struck out provisions which required, in making the estimates of cost for completing the Interstate System, exclusion of the cost of completing any mileage designated from the one thousand additional miles authorized by section 108(1) of the Federal-Aid Highway Act of 1956.

1959—Subsec. (b). Pub. L. 86–70 struck out “, except that only one-third of the area of Alaska shall be included” after “total area of all States” in pars. (1) and (2).

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(A) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 2008 Amendment

Pub. L. 110–244, title I, § 101(i), June 6, 2008, 122 Stat. 1574, provided that the amendment made by section 101(i) is effective Oct. 1, 2007.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–159 effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as a note under section 104 of Title 49, Transportation.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–240, title I, § 1100, Dec. 18, 1991, 105 Stat. 2026, provided that: “(a) General Rule.—This title [see Tables for classification], including the amendments made by this title, shall take effect on the date of the enactment of this Act [Dec. 18, 1991]. “(b) Applicability.—The amendments made by this title shall apply to funds authorized to be appropriated or made available after September 30, 1991, and, except as otherwise provided in subsection (c), shall not apply to funds appropriated or made available on or before September 30, 1991. “(c) Unobligated Balances.—“(1) In general.—Unobligated balances of funds apportioned to a State under [former] sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and 104(b)(6) of title 23, United States Code, before October 1, 1991, shall be available for obligation in that State under the law, regulations, policies and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. “(2) Transferability.—“(A) Primary system.—A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid primary system before October 1, 1991, to the apportionment to such State under [former] section 104(b)(1) or 104(b)(3) of title 23, United States Code, or both. “(B) Secondary and urban system.—A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid secondary system or the Federal-aid urban system before October 1, 1991, to the apportionment to such State under [former] section 104(b)(3) of such title. “(C) Applicability of certain laws, regulations, policies, and procedures.—Funds transferred under this paragraph shall be subject to the laws, regulations, policies, and procedures relating to the apportionment to which they are transferred.”

Effective Date of 1976 Amendment; Applicable Provisions Dependent on Fiscal Fund Authorizations

Pub. L. 94–280, title I, § 113(b), May 5, 1976, 90 Stat. 435, provided that: “The amendment made by subsection (a) of this section [amending this section] shall take effect on July 1, 1976, and shall be applicable with respect to funds authorized for the fiscal year ending September 30, 1977, and for subsequent fiscal years. With respect to the fiscal year 1976 and earlier fiscal years, the provisions of subsections (c) and (d) of [former] section 104 of title 23, United States Code, as in effect on June 30, 1976, shall remain applicable to funds authorized for such years.”

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

Effective Date of 1962 Amendment

Pub. L. 87–866, § 10(b), Oct. 23, 1962, 76 Stat. 1148, provided that: “The amendment made by subsection (a) of this section [amending this section] shall be applicable only with respect to apportionments made after the date of enactment of this Act [Oct. 23, 1962].”

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–70 effective July 1, 1959, see section 21(e) of Pub. L. 86–70, set out as a note under section 101 of this title.

Construction of 1990 Amendment

Pub. L. 102–143, title III, § 333(d), Oct. 28, 1991, 105 Stat. 947, provided that: “The amendments made by section 333 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2184–2186) [Pub. L. 101–516, amending this section and enacting provisions formerly set out as a note below] shall be treated as having not been enacted into law.”

Transparency and Accountability

Pub. L. 112–141, div. A, title I, § 1503(c), July 6, 2012, 126 Stat. 564, which directed the Secretary of Transportation to compile and make available on the public website of the Department of Transportation the annual expenditure data for funds made available under this title and chapter 53 of Title 49, Transportation, and to annually submit a report to Congress containing a summary of such data, was repealed by Pub. L. 114–94, div. A, title I, § 1402(b), Dec. 4, 2015, 129 Stat. 1407.

Evacuation Routes

Pub. L. 112–141, div. A, title I, § 1526, July 6, 2012, 126 Stat. 580, provided that: “Each State shall give adequate consideration to the needs of evacuation routes in the State, including such routes serving or adjacent to facilities operated by the Armed Forces, when allocating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways.”

Federal-Aid Highways Appropriations

Pub. L. 109–289, div. B, title II, § 21010, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 48, provided that: “Notwithstanding section 101 [42 U.S.C. 12651i note, 121 Stat. 8], the level for ‘Federal Highway Administration, Federal-Aid Highways (Limitation on Obligations) (Highway Trust Fund)’ shall be $39,086,464,683.”

[For definition of “level” as used in section 21010 of Pub. L. 109–289, set out above, see section 101(b) of Pub. L. 109–289, set out as a note under section 12651i of Title 42, The Public Health and Welfare.]

Adjustments for Surface Transportation Extension Act of 1997

Pub. L. 105–178, title I, § 1103(m), June 9, 1998, 112 Stat. 126, made certain reductions in State apportionments under Pub. L. 105–178 for fiscal year 1998 based on State apportionments under section 1003(d)(1) of Pub. L. 102–240.

Advances

Pub. L. 109–59, title I, § 1936, Aug. 10, 2005, 119 Stat. 1510, provided that: “Notwithstanding any other provision of law, funds apportioned to a State under [former] section 104(b) of title 23, United States Code, may be obligated to carry out a project designated in any of sections 1301, 1302, 1306, and 1934 of this Act [see Tables for classification] and [former] sections 117 and 144(g) of title 23, United States Code, in an amount not to exceed the amount authorized for that project, only from a program under which the project would be eligible, except that any amounts obligated to carry out the project shall be restored from funds allocated for the project.”

Pub. L. 108–310, § 2, Sept. 30, 2004, 118 Stat. 1144, as amended by Pub. L. 109–14, § 2(a)–(b)(2), (d), May 31, 2005, 119 Stat. 324; Pub. L. 109–20, § 2(a), (b)(1), (d), July 1, 2005, 119 Stat. 346; Pub. L. 109–35, § 2(a), (b)(1), (d), July 20, 2005, 119 Stat. 379; Pub. L. 109–37, § 2(a), (b)(1), (d), July 22, 2005, 119 Stat. 394; Pub. L. 109–40, § 2(a), (b)(1), (d), July 28, 2005, 119 Stat. 410; Pub. L. 109–42, § 2(b), July 30, 2005, 119 Stat. 435, provided that: “(a) In General.—“(1) Apportionment ratio.—Except as provided in paragraph (2), the Secretary of Transportation shall apportion funds made available under section 1101(l) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 111; 118 Stat. 876 [118 Stat. 1145]), as amended by this Act, the Surface Transportation Extension Act of 2005 [Pub. L. 109–14],,[sic] the Surface Transportation Extension Act of 2005, Part II [Pub. L. 109–20][,] the Surface Transportation Extension Act of 2005, Part III [Pub. L. 109–35], the Surface Transportation Extension Act of 2005, Part IV [Pub. L. 109–37], and the Surface Transportation Extension Act of 2005, Part V [Pub. L. 109–40], to each State in the ratio that—“(A) the State’s total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program; bears to “(B) all States’ total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program. “(2) Exception.—The ratios determined under this subsection shall be subject to the same adjustments as the adjustments made under [former] section 105(f) of title 23, United States Code. “(b) Programmatic Distributions.—“(1) Programs.—Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. “(2) In general.—The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying—“(A) the amount apportioned to the State under subsection (a); by “(B) the ratio that—“(i) the amount of funds apportioned for the item to the State for fiscal year 2004; bears to “(ii) the total of the amount of funds apportioned for the items to the State for fiscal year 2004. “(3) Administration of funds.—Funds authorized by section 1101(l) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178, 118 Stat. 1145] shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set-asides in the following sections of such title shall not apply to such funds: [former] sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). “(4) Special rules for minimum guarantee.—In carrying out the minimum guarantee under [former] section 105(c) of title 23, United States Code, with funds apportioned under this section for the minimum guarantee, the $2,800,000,000 set forth in paragraph (1) of such section 105(c) shall be treated as being $2,324,000,000 and the aggregate of amounts apportioned to the States under this section for the minimum guarantee shall be treated, for purposes of such section 105(c), as amounts made available under section 105 of such title. “(5) Extension of off-system bridge setaside.— [Amended section 144 of this title.] “(c) Repayment From Future Apportionments.—“(1) In general.—The Secretary shall reduce the amount that would be apportioned, but for this section, to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 2005, under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [Sept. 30, 2004] by the amount that is apportioned to each State under subsection (a) and section 5(c) [118 Stat. 1150] for each such program. “(2) Program category reconciliation.—The Secretary may establish procedures under which funds apportioned under subsection (a) for a program category for which funds are not authorized under a law described in paragraph (1) may be restored to the Federal-aid highway program. “(d) Authorization of Contract Authority.— [Amended section 1101 of Pub. L. 105–178, 112 Stat. 111.] “(e) Limitation on Obligations.—“(1) Distribution of obligation authority.—Subject to paragraph (2), for the period of October 1, 2004, through July 30, 2005, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading ‘federal-aid highways’ in title I of division H of the Consolidated Appropriations Act, 2005 [Pub. L. 108–447] (23 U.S.C. 104 note; 118 Stat. 3204), in accordance with section 110 of such title (23 U.S.C. 104 note; 118 Stat. 3209); except that the amount of obligation limitation to be distributed for such period for each program, project, and activity specified in sections 110(a)(1), 110(a)(2), 110(a)(4), and 110(a)(5) of such title shall equal the greater of—“(A) the funding authorized for such program, project, or activity in this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], the Surface Transportation Extension Act of 2005 [Pub. L. 109–14],,[sic] the Surface Transportation Extension Act of 2005, Part II [Pub. L. 109–20][,] the Surface Transportation Extension Act of 2005, Part III [Pub. L. 109–35], the Surface Transportation Extension Act of 2005, Part IV [Pub. L. 109–37], and the Surface Transportation Extension Act of 2005, Part V [Pub. L. 109–40] (including any amendments made by this Act and such Act[s]); or “(B) 83 percent of the funding provided for or limitation set on such program, project, or activity in title I of division H of the Consolidated Appropriations Act, 2005 [Pub. L. 108–447, see Tables for classification]. “(2) Limitation on total amount of authority distributed.—The total amount of obligation limitation distributed under paragraph (1) for the period of October 1, 2004, through July 30, 2005, shall not exceed $28,801,000,000; except that this limitation shall not apply to $530,370,000 in obligations for minimum guarantee for such period. “(3) Time period for obligations of funds.—After August 14, 2005, no funds shall be obligated for any Federal-aid highway program project until the date of enactment of a law reauthorizing the Federal-aid highway program. “(4) Treatment of obligations.—Any obligation of obligation authority distributed under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2005 for the purposes of the matter under the heading ‘federal-aid highways’ in title I of division H of the Consolidated Appropriations Act, 2005 [Pub. L. 108–447] (23 U.S.C. 104 note; 118 Stat. 3204).”

Pub. L. 108–88, § 2, Sept. 30, 2003, 117 Stat. 1110, as amended by Pub. L. 108–202, § 2(a), (b)(1), (2), (d), Feb. 29, 2004, 118 Stat. 478; Pub. L. 108–224, § 2(a), (b)(1), (d), Apr. 30, 2004, 118 Stat. 627; Pub. L. 108–263, § 2(a), (b)(1), (d), June 30, 2004, 118 Stat. 698; Pub. L. 108–280, §§ 2(a), (b)(1), (d), 3, July 30, 2004, 118 Stat. 876, 877; Pub. L. 108–310, § 12(a), (c), (e)(1), Sept. 30, 2004, 118 Stat. 1161, 1162, provided that: “(a) In General.—The Secretary of Transportation shall apportion funds made available under section 1101(c) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (112 Stat. 116), as amended by this Act [117 Stat. 1111], the Surface Transportation Extension Act of 2004 [Pub. L. 108–202], the Surface Transportation Extension Act of 2004, Part II [Pub. L. 108–224], the Surface Transportation Extension Act of 2004, Part III [Pub. L. 108–263], the Surface Transportation Extension Act of 2004, Part IV [Pub. L. 108–280], and the Surface Transportation Extension Act of 2004, Part V [Pub. L. 108–310], to each State in the ratio that—“(1) the State’s total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program; bears to “(2) all States’ total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program. “(b) Programmatic Distributions.—“(1) Programs.—Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. “(2) In general.—The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying—“(A) the amount apportioned to the State under subsection (a); by “(B) the ratio that—“(i) the amount of funds apportioned for the item to the State for fiscal year 2003; bears to “(ii) the total of the amount of funds apportioned for the items to the State for fiscal year 2003. “(3) Administration of funds.—Funds authorized by section 1101(c) of the Transportation Equity Act for the 21st Century shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set-asides in the following sections of such title shall not apply to such funds: [former] sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). “(4) Special rules for minimum guarantee.—In carrying out the minimum guarantee under [former] section 105(c) of title 23, United States Code, with funds apportioned under this section for the minimum guarantee, the $2,800,000,000 set forth in paragraph (1) of such section 105(c) shall be treated as being $2,800,000,000 and the aggregate of amounts apportioned to the States under this section for the minimum guarantee shall be treated, for purposes of such section 105(c), as amounts made available under section 105 of such title. “(5) Extension of off-system bridge setaside.— [Amended section 144 of this title.] “[(c) Repealed. Pub. L. 108–310, § 12(e)(1), Sept. 30, 2004, 118 Stat. 1162.] “(d) Authorization of Contract Authority.— [Amended section 1101 of Pub. L. 105–178, 112 Stat. 111.] “(e) Limitation on Obligations.—“(1) Distribution of obligation authority.—For the fiscal year 2004, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading ‘Federal-aid highways’ in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199; 118 Stat. 291 [290]; 118 Stat. 1013), in accordance with section 110 of such Act [23 U.S.C. 104 note]. “(2) Calculation of ratio.—For purposes of the calculation of the ratio under section 110(a)(3) of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199; 118 Stat. 291; 23 U.S.C. 104 note)—“(A) the obligation limitation for Federal-aid Highways referred to in section 110(a)(3)(A) of such Act shall be deemed to be the obligation limitation for Federal-aid highways and highway safety construction programs for fiscal year 2004 identified under the heading ‘Federal-Aid Highways’ in such Act (118 Stat. 290); and “(B) the total of sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of section 110(b) of such Act and sums authorized to be appropriated for [former] section 105 of title 23, United States Code, equal to the amount referred to in subsection 110(b)(8) of such Act) for such fiscal year, referred to in section 110(a)(3)(B) of such Act, shall be deemed to be $34,606,000,000, less the aggregate of the amounts not distributed under section 110(a)(1) of such Act.”

Pub. L. 105–130, § 2, Dec. 1, 1997, 111 Stat. 2552, provided that: “(a) In General.—The Secretary of Transportation (referred to in this Act as the ‘Secretary’) shall apportion funds made available under section 1003(d) of the Intermodal Surface Transportation Efficiency Act of 1991 [see 111 Stat. 2553] to each State in the ratio that—“(1) the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; bears to “(2) all States’ total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. “(b) Programmatic Distributions.—“(1) Programs.—Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, minimum allocation under [former] section 157 of title 23, United States Code, Interstate reimbursement under [former] section 160 of that title, the donor State bonus under section 1013(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1940) [Pub. L. 102–240, formerly set out as a note under section 157 of this title], hold harmless under section 1015(a) of that Act (105 Stat. 1943) [set out below], 90 percent of payments adjustments under section 1015(b) of that Act (105 Stat. 1944) [set out below], section 1015(c) of that Act (105 Stat. 1944) [set out below], an amount equal to the funds provided under sections 1103 through 1108 of that Act (105 Stat. 2027) [see Tables for classification], and funding restoration under section 202 of the National Highway System Designation Act of 1995 (109 Stat. 571). “(2) In general.—The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying—“(A) the amount apportioned to the State under subsection (a); by “(B) the ratio that—“(i) the amount of funds apportioned for the item, or allocated under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027), to the State for fiscal year 1997; bears to “(ii) the total of the amount of funds apportioned for the items, and allocated under those sections, to the State for fiscal year 1997. “(3) Use of funds.—Amounts apportioned to a State under subsection (a) attributable to sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 shall be available to the State for projects eligible for assistance under chapter 1 of title 23, United States Code. “(4) Administration.—Funds authorized by the amendment made by subsection (d) shall be administered as if they had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deduction under [former] section 104(a) of title 23, United States Code, the set-asides under [former] section 104(b)(1) of that title for the territories and under section [former] 104(f)(1) of that title for metropolitan planning, and the expenditure required under section [former] 104(d)(1) of that title shall not apply to those funds. “(c) Repayment From Future Apportionments.—“(1) In general.—The Secretary shall reduce the amount that would, but for this section, be apportioned to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 1998 under a law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [Dec. 1, 1997] by the amount that is apportioned to each State under subsection (a) and section 5(f) [Pub. L. 105–130, 111 Stat. 2558] for each such program. “(2) Program category reconciliation.—The Secretary may establish procedures under which funds apportioned under subsection (a) for a program category for which funds are not authorized under a law described in paragraph (1) may be restored to the Federal-aid highway program. “(d) Authorization of Contract Authority.— [Amended Pub. L. 102–240, title I, § 1003, Dec. 18, 1991, 105 Stat. 1918.] “(e) Limitation on Obligations.—“(1) In general.—Subject to paragraph (2), after the date of enactment of this Act [Dec. 1, 1997], the Secretary shall allocate to each State an amount of obligation authority made available under the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66 [see Tables for classification]) that is—“(A) equal to the greater of—“(i) the State’s unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations; or “(ii) 50 percent of the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; but “(B) not greater than 75 percent of the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. “(2) Limitation on amount.—The total of all allocations under paragraph (1) shall not exceed $9,786,275,000. “(3) Time period for obligations of funds.—“(A) In general.—Except as provided in subparagraph (B), a State shall not obligate any funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the date of enactment of a multiyear law reauthorizing the Federal-aid highway program or July 1, 1998. “(B) Reobligation.—Subparagraph (A) shall not preclude the reobligation of previously obligated funds. “(C) Distribution of remaining obligation authority.—On the earlier of the date of enactment of a law described in subparagraph (A) or July 1, 1998, the Secretary shall distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation in accordance with section 310(a) of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66) [set out below]. “(D) Contract authority.—No contract authority made available to the States prior to July 1, 1998, shall be obligated after that date until such time as a multiyear law reauthorizing the Federal-aid highway program has been enacted. “(4) Treatment of obligations.—Any obligation of an allocation of obligation authority made under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 1998 for the purposes of the matter under the heading ‘(limitation on obligations)’ under the heading ‘Federal-Aid Highways’ in title I of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66 [111 Stat. 1431]).”

Effect of Limitation on Apportionment

Pub. L. 104–59, title III, § 319(c), Nov. 28, 1995, 109 Stat. 589, provided that: “Notwithstanding any other provision of law, for each of fiscal years 1996 and 1997, the amendments made by subsection (a) [amending this section and section 149 of this title] shall not affect any apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1943) [Pub. L. 102–240, formerly set out below].”

Completion of Interstate System

Pub. L. 102–240, title I, § 1001(a), Dec. 18, 1991, 105 Stat. 1915, provided that: “Congress declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] made by this section (including the amendments made by this section [amending this section and section 101 of this title]) are the final authorizations of appropriations and apportionments for completion of construction of such System.”

Apportionment Adjustments

Pub. L. 102–240, title I, § 1015, Dec. 18, 1991, 105 Stat. 1943, provided for adjustments to surface transportation program funds apportioned to each State for fiscal years 1992 to 1997, with certain conditions and additional allocations, and authorized appropriations.

Allocation Formula Study

Pub. L. 102–240, title I, § 1098, Dec. 18, 1991, 105 Stat. 2025, as amended by Pub. L. 104–59, title III, § 325(g), Nov. 28, 1995, 109 Stat. 592, directed General Accounting Office in conjunction with Bureau of Transportation Statistics to conduct thorough study and recommend to Congress within 2 years after Dec. 18, 1991, a fair and equitable apportionment formula for allocation of Federal-aid highway funds that best directs highway funds to places of greatest need for highway maintenance and enhancement based on extent of these highway systems, their present use, and increases in their use, with results of study to be presented to Congress on or before Jan. 1, 1994, and to be considered by Congress in the 1996 reauthorization of surface transportation program.

Study on Impact of Climatic Conditions

Pub. L. 102–240, title I, §§ 1101–1102, Dec. 18, 1991, 105 Stat. 2027, directed Secretary of Transportation to conduct a study of effects of climatic conditions on costs of highway construction and maintenance and to transmit to Congress, not later than Sept. 30, 1993, a report on the results of the study, prior to repeal by Pub. L. 105–362, title XV, § 1501(d), Nov. 10, 1998, 112 Stat. 3294.

Withholding of Five Per Centum of Funds for States Failing To Meet Requirements

Pub. L. 101–516, title III, § 333, Nov. 5, 1990, 104 Stat. 2184, which provided in part that for each fiscal year directed Secretary of Transportation to withhold five per centum of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of former section 104(b) of this title on the first day of each fiscal year which begins after the second full calendar year following Nov. 5, 1990, if State does not meet the requirements of paragraph (3) on such date, was repealed by Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947.

Reduction in Amount States Failing To Authorize Tax-Based Sources of Revenue May Obligate

Pub. L. 101–516, title III, § 341, Nov. 5, 1990, 104 Stat. 2189, as amended by Pub. L. 102–240, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that States not authorizing tax-based sources of revenue to pay the non-Federal share for certain mass transportation projects by Oct. 1, 1991, would have a 25 percent reduction in amounts available for obligation for Federal-aid highways and highway safety construction programs for the period from Jan. 1, 1992, through Dec. 31, 1992.

Pub. L. 102–27, title IV, § 404(b), Apr. 10, 1991, 105 Stat. 155, provided that: “The Secretary of Transportation shall restore any reductions in obligation authority made under section 329 [of Pub. L. 101–516, formerly set out below] prior to its repeal.”

Similar provisions were contained in Pub. L. 101–516, title III, § 329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub. L. 102–27, title IV, § 404(a), Apr. 10, 1991, 105 Stat. 155.

Implementation of Certain Presidential Orders Requiring Percentage Reduction for Federal-Aid Highway, Mass Transit, and Highway Safety Programs

Pub. L. 100–17, title I, § 136, Apr. 2, 1987, 101 Stat. 174, provided that: “In implementing any order issued by the President which provides for or requires a percentage reduction in new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority, or obligation limitations for the Federal-aid highway, mass transit and highway safety programs and with respect to which the budget account activity as identified in the program and financing schedule contained in the Appendix to the Budget of the United States Government for such programs includes more than one specific highway, mass transit, or highway safety program or project for which budget authority is provided by this Act or an amendment made by this Act [see Short Title of 1987 Amendment note set out under section 101 of this title], the Secretary shall apply the percentage reduction equally to each such specific program or project.”

Federal-Aid Primary Formula for Amounts Authorized for Fiscal Years 1983 Through 1991

Pub. L. 97–424, title I, § 108(a)–(e), Jan. 6, 1983, 96 Stat. 2103, as amended by Pub. L. 100–17, title I, §§ 107, 133(a)(1), Apr. 2, 1987, 101 Stat. 146, 170, set forth an alternate apportionment formula for amounts authorized for fiscal years 1983 to 1991 for the Federal-aid primary system.

Matching Fund Waiver for Period January 6, 1983, Through September 30, 1984

Pub. L. 97–424, title I, § 145, Jan. 6, 1983, 96 Stat. 2130, provided that the Federal share of certain qualifying projects approved by the Secretary of Transportation under sections 106(a) and 117 of this title between Jan. 6, 1983, and Sept. 30, 1984, would be up to and including 100 percent of the construction cost as requested by the State highway department.

Federal-Aid Highways and Highway Safety Construction Programs; Maximum Limits on Total Obligations; Exceptions; State Allocations

Pub. L. 117–58, div. A, title I, § 11102, Nov. 15, 2021, 135 Stat. 450, provided that: “(a) General Limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—“(1) $57,473,430,072 for fiscal year 2022; “(2) $58,764,510,674 for fiscal year 2023; “(3) $60,095,782,888 for fiscal year 2024; “(4) $61,314,170,545 for fiscal year 2025; and “(5) $62,657,105,821 for fiscal year 2026. “(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—“(1) section 125 of title 23, United States Code; “(2) section 147 of the Surface Transportation Assistance Act of 1978 [Pub. L. 95–599] ([former] 23 U.S.C. 144 note; 92 Stat. 2714); “(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); “(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); “(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); “(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); “(7) section 157 of title 23, United States Code (as in effect on June 8, 1998); “(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); “(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) [Pub. L. 105–178, see Tables for classification] or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; “(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); “(11) section 1603 of SAFETEA–LU [Pub. L. 109–59] (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; “(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); “(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and “(14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). “(c) Distribution of Obligation Authority.—For each of fiscal years 2022 through 2026, the Secretary [of Transportation]—“(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—“(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and “(B) amounts authorized for the Bureau of Transportation Statistics; “(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—“(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and “(B) for which obligation authority was provided in a previous fiscal year; “(3) shall determine the proportion that—“(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to “(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; “(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division [see Tables for classification] and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying—“(A) the proportion determined under paragraph (3); by “(B) the amounts authorized to be appropriated for each such program for the fiscal year; and “(5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—“(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to “(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. “(d) Redistribution of Unused Obligation Authority.—Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026—“(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and “(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405) [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title]) and 104 of title 23, United States Code. “(e) Applicability of Obligation Limitations to Transportation Research Programs.—“(1) In general.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. “(2) Exception.—Obligation authority made available under paragraph (1) shall—“(A) remain available for a period of 4 fiscal years; and “(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. “(f) Redistribution of Certain Authorized Funds.—“(1) In general.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—“(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and “(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. “(2) Ratio.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). “(3) Availability.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.”

Similar provisions for prior fiscal years were contained in the following acts:

Pub. L. 114–94, div. A, title I, § 1102, Dec. 4, 2015, 129 Stat. 1326.

Pub. L. 112–141, div. A, title I, § 1102, July 6, 2012, 126 Stat. 416, as amended by Pub. L. 113–159, title I, § 1001(c)(3), Aug. 8, 2014, 128 Stat. 1841; Pub. L. 114–21, title I, § 1001(c)(2), May 29, 2015, 129 Stat. 219; Pub. L. 114–41, title I, § 1001(c)(2), July 31, 2015, 129 Stat. 445; Pub. L. 114–73, title I, § 1001(c)(2), Oct. 29, 2015, 129 Stat. 569; Pub. L. 114–87, title I, § 1001(c)(2), Nov. 20, 2015, 129 Stat. 678.

Pub. L. 109–59, title I, § 1102, Aug. 10, 2005, 119 Stat. 1157, as amended by Pub. L. 110–244, title I, § 101(b), June 6, 2008, 122 Stat. 1573.

Pub. L. 105–178, title I, § 1102, June 9, 1998, 112 Stat. 115, as amended by Pub. L. 105–206, title IX, § 9002(b), July 22, 1998, 112 Stat. 834; Pub. L. 106–159, title I, § 103(b)(2), Dec. 9, 1999, 113 Stat. 1753.

Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 315, provided in part: “Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $60,095,782,888 for fiscal year 2024”.