§ 104. Apportionment

Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 735.

Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2844.

Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2705.

Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 583.

Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 650.

Pub. L. 118–42, div. F, title I, § 120, Mar. 9, 2024, 138 Stat. 319, provided that: “(a) For fiscal year 2024, the Secretary of Transportation shall—“(1) not distribute from the obligation limitation for Federal-aid highways—“(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) not distribute an amount from the obligation limitation for Federal-aid highways 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 limitation was provided in a previous fiscal year; “(3) determine the proportion that—“(A) the obligation limitation for Federal-aid highways, 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 (11) 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)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; “(4) distribute the obligation limitation for Federal-aid highways, 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 authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying—“(A) the proportion determined under paragraph (3); by “(B) the amounts authorized to be appropriated for each such program for such fiscal year; and “(5) distribute the obligation limitation for Federal-aid highways, 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)(12) 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 such 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 such fiscal year. “(b) Exceptions From Obligation Limitation.—The obligation limitation for Federal-aid highways 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 [Pub. L. 97–134] (95 Stat. 1701); “(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 [Pub. L. 97–424] (96 Stat. 2119); “(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100–17] (101 Stat. 198); “(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, see Tables for classification] (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 [Pub. L. 105–178, see Tables for classification] (112 Stat. 107) 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) [former] 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; and “(12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2024, only in an amount equal to $639,000,000). “(c) Redistribution of Unused Obligation Authority.—Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year—“(1) revise a distribution of the obligation limitation made available under subsection (a) 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 Public Law 112–141 [July 6, 2012]) and 104 of title 23, United States Code. “(d) Applicability of Obligation Limitations to Transportation Research Programs.—“(1) In general.—Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under—“(A) chapter 5 of title 23, United States Code; “(B) title VI of the Fixing America’s Surface Transportation Act [title VI of Pub. L. 114–94, see Tables for classification]; and “(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58). “(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. “(e) Redistribution of Certain Authorized Funds.—“(1) In general.—Not later than 30 days after the date of distribution of obligation limitation under subsection (a), 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 such 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 such fiscal year because of the imposition of any obligation limitation for such fiscal year. “(2) Ratio.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(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. 117–328, div. L, title I, § 120, Dec. 29, 2022, 136 Stat. 5114.

Pub. L. 117–103, div. L, title I, § 120, Mar. 15, 2022, 136 Stat. 701.

Pub. L. 116–260, div. L, title I, § 120, Dec. 27, 2020, 134 Stat. 1839.

Pub. L. 116–94, div. H, title I, § 120, Dec. 20, 2019, 133 Stat. 2948.

Pub. L. 116–6, div. G, title I, § 120, Feb. 15, 2019, 133 Stat. 409.

Pub. L. 115–141, div. L, title I, § 120, Mar. 23, 2018, 132 Stat. 984.

Pub. L. 115–31, div. K, title I, § 120, May 5, 2017, 131 Stat. 736.

Pub. L. 114–113, div. L, title I, § 120, Dec. 18, 2015, 129 Stat. 2844.

Pub. L. 113–235, div. K, title I, § 120, Dec. 16, 2014, 128 Stat. 2705.

Pub. L. 113–76, div. L, title I, § 120, Jan. 17, 2014, 128 Stat. 583.

Pub. L. 112–55, div. C, title I, § 120, Nov. 18, 2011, 125 Stat. 651.

Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3044.

Pub. L. 111–117, div. A, title I, § 120, Dec. 16, 2009, 123 Stat. 3045.

Pub. L. 111–8, div. I, title I, Mar. 11, 2009, 123 Stat. 923.

Pub. L. 111–8, div. I, title I, § 120, Mar. 11, 2009, 123 Stat. 924.

Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat. 2383.

Pub. L. 110–161, div. K, title I, § 120, Dec. 26, 2007, 121 Stat. 2385.

Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2402.

Pub. L. 109–115, div. A, title I, § 110, Nov. 30, 2005, 119 Stat. 2403.

Pub. L. 108–447, div. H, title I, Dec. 8, 2004, 118 Stat. 3204.

Pub. L. 108–447, div. H, title I, § 110, Dec. 8, 2004, 118 Stat. 3209.

Pub. L. 108–199, div. F, title I, Jan. 23, 2004, 118 Stat. 285.

Pub. L. 108–199, div. F, title I, § 110, Jan. 23, 2004, 118 Stat. 290, as amended by Pub. L. 108–202, § 8(b), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–287, title X, § 14003(a) Aug. 5, 2004, 118 Stat. 1013.

Pub. L. 108–7, div. I, title I, title III, § 310, Feb. 20, 2003, 117 Stat. 393, 407.

Pub. L. 107–87, title I, title III, § 310, Dec. 18, 2001, 115 Stat. 841, 855.

Pub. L. 106–346, § 101(a) [title I, title III, § 310], Oct. 23, 2000, 114 Stat. 1356, 1356A–7, 1356A–24.

Pub. L. 106–69, title I, title III, § 310, Oct. 9, 1999, 113 Stat. 994, 1016.

Pub. L. 105–277, div. A, § 101(g) [title I, title III, § 310], Oct. 21, 1998, 112 Stat. 2681–439, 2681–446, 2681–465.

Pub. L. 105–66, title I, title III, § 310, Oct. 27, 1997, 111 Stat. 1431, 1442.

Pub. L. 104–205, title I, title III, § 310, Sept. 30, 1996, 110 Stat. 2958, 2969.

Pub. L. 104–50, title I, title III, § 310, Nov. 15, 1995, 109 Stat. 443, 454.

Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2477; Pub. L. 104–19, title I, July 27, 1995, 109 Stat. 223.

Pub. L. 103–331, title III, § 310, Sept. 30, 1994, 108 Stat. 2489, as amended by Pub. L. 104–59, title III, § 338(c)(3), Nov. 28, 1995, 109 Stat. 605.

Pub. L. 103–122, title I, title III, § 310, Oct. 27, 1993, 107 Stat. 1206, 1220, as amended by Pub. L. 103–211, title II, Feb. 12, 1994, 108 Stat. 20.

Pub. L. 102–388, title I, title III, § 310, Oct. 6, 1992, 106 Stat. 1528, 1544.

Pub. L. 102–240, title I, § 1002(a)–(g), Dec. 18, 1991, 105 Stat. 1916–1918.

Pub. L. 102–143, title I, title III, § 310, Oct. 28, 1991, 105 Stat. 925, 940.

Pub. L. 101–516, title I, title III, § 310, Nov. 5, 1990, 104 Stat. 2163, 2179.

Pub. L. 101–164, title I, title III, § 310, Nov. 21, 1989, 103 Stat. 1077, 1092.

Pub. L. 100–457, title I, title III, § 310, Sept. 30, 1988, 102 Stat. 2132, 2146.

Pub. L. 100–202, § 101(l) [title I, title III, § 310], Dec. 22, 1987, 101 Stat. 1329–358, 1329–365, 1329–378.

Pub. L. 100–17, title I, § 105(a)–(g), Apr. 2, 1987, 101 Stat. 142–144.

Pub. L. 99–500, § 101(l) [H.R. 5205, title I, title III, § 313(a)–(d)], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I, title III, § 313(a)–(d)], Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–272, title IV, § 4102(a)–(e), Apr. 7, 1986, 100 Stat. 112, 113.

Pub. L. 99–190, § 101(e) [title I, title III, § 313], Dec. 19, 1985, 99 Stat. 1267, 1275, 1285.

Pub. L. 98–473, title I, § 101(i) [title I, title III, § 315], Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.

Pub. L. 98–78, title I, title III, § 322, Aug. 15, 1983, 97 Stat. 460, 474.

Pub. L. 98–8, title I, Mar. 24, 1983, 97 Stat. 14.

Pub. L. 97–424, title I, § 104(a)–(d), Jan. 6, 1983, 96 Stat. 2098.

Pub. L. 97–134, § 3, Dec. 29, 1981, 95 Stat. 1699, as amended by Pub. L. 97–216, title I, July 19, 1982, 96 Stat. 187.

Pub. L. 97–35, title XI, § 1106, Aug. 13, 1981, 95 Stat. 624, as amended by Pub. L. 97–424, title I, § 104(e), Jan. 6, 1983, 96 Stat. 2099.

Apportionment Factors for Expenditures on System of Interstate and Defense Highways

Provisions requiring the Secretary of Transportation to apportion for specific fiscal years sums authorized to be appropriated for such fiscal years by section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note under section 101 of this title, for expenditures on the National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] using the apportionment factors contained in certain tables in particular committee prints of the Committee on Public Works and Transportation of the House of Representatives were contained in the following acts:

Pub. L. 102–240, title I, § 1001(b), Dec. 18, 1991, 105 Stat. 1915.

Pub. L. 100–17, title I, § 102(a), Apr. 2, 1987, 101 Stat. 135.

Pub. L. 99–104, § 1, Sept. 30, 1985, 99 Stat. 474.

Pub. L. 99–4, § 1, Mar. 13, 1985, 99 Stat. 6.

Pub. L. 98–229, § 1, Mar. 9, 1984, 98 Stat. 55.

Pub. L. 97–327, § 3, Oct. 15, 1982, 96 Stat. 1611.

Pub. L. 97–134, § 2, Dec. 29, 1981, 95 Stat. 1699.

Pub. L. 96–144, § 1, Dec. 13, 1979, 93 Stat. 1084.

Pub. L. 95–599, title I, § 103, Nov. 6, 1978, 92 Stat. 2689.

Pub. L. 94–280, title I, § 103, May 5, 1976, 90 Stat. 426.

Pub. L. 93–87, title I, § 103, Aug. 13, 1973, 87 Stat. 250.

Pub. L. 91–605, title I, § 103, Dec. 31, 1970, 84 Stat. 1714.

Pub. L. 90–495, § 3, Aug. 23, 1968, 82 Stat. 815.

Pub. L. 89–574, § 3, Sept. 13, 1966, 80 Stat. 766.

Pub. L. 89–139, § 2, Aug. 28, 1965, 79 Stat. 578.

Minimum Apportionment to Each State; Expenditure of Excess Amounts

Provisions entitling each State, for specific fiscal years, to receive at least one-half of 1 per centum of the total apportionment for the Interstate System under former section 104(b)(5)(A) of this title, and authorizing States to expend amounts available under these provisions which are in excess of the estimated cost of completing and of necessary resurfacing, restoring, rehabilitating, and reconstruction of the State’s portion of the Interstate System for the purposes for which funds apportioned under former section 104(b)(1), (2), and (6) of this title may be expended or for carrying out section 152 of this title were contained in the following acts:

Pub. L. 100–17, title I, § 102(c), Apr. 2, 1987, 101 Stat. 135, as amended by Pub. L. 102–240, title I, § 1001(h), Dec. 18, 1991, 105 Stat. 1916.

Pub. L. 97–424, title I, § 103(a), Jan. 6, 1983, 96 Stat. 2097.

Pub. L. 97–327, § 4(b), Oct. 15, 1982, 96 Stat. 1612; repealed Pub. L. 97–424, title I, § 103(b), Jan. 6, 1983, 96 Stat. 2098.

Pub. L. 95–599, title I, § 104(b)(1), Nov. 6, 1978, 92 Stat. 2691.

Pub. L. 94–280, title I, § 105(b)(1), May 5, 1976, 90 Stat. 428.

Pub. L. 93–87, title I, § 104(b), Aug. 13, 1973, 87 Stat. 252.

Pub. L. 91–605, title I, § 105(b), Dec. 31, 1970, 84 Stat. 1716.

Public Boat Launching Areas; Access Ramps

Pub. L. 94–280, title I, § 147, May 5, 1976, 90 Stat. 446, provided that: “Funds apportioned to States under [former] subsections (b)(1), (b)(2), and (b)(6) of section 104 of title 23, United States Code, may be used upon the application of the State and the approval of the Secretary of Transportation for construction of access ramps from bridges under construction or which are being reconstructed, replaced, repaired, or otherwise altered on the Federal-aid primary, secondary, or urban system to public boat launching areas adjacent to such bridges. Approval of the Secretary shall be in accordance with guidelines developed jointly by the Secretary of Transportation and the Secretary of the Interior.”

Use of Federal Funds During Period Beginning February 12, 1975, and Ending September 30, 1975

Pub. L. 94–30, § 3, June 4, 1975, 89 Stat. 171, sanctioned the use of any money apportioned under former section 104(b) of this title for any Federal-aid highway system in a State for any project in that State on any Federal-aid highway system, such amount to be deducted from the apportionment made after June 4, 1975 and repaid and credited to the last apportionment made for which the money was originally apportioned.

Minimum Apportionment for Primary System; Additional Appropriations for Fiscal Years Ending June 30, 1974, 1975, and 1976

Pub. L. 93–87, title I, § 111(b), Aug. 13, 1973, 87 Stat. 257, provided that no State (other than the District of Columbia) would receive an apportionment for the primary system less than the apportionment the State received for the fiscal year ending June 30, 1973, and made additional appropriations for the Federal-aid primary system.

Section 102(a) of the Federal-Aid Highway Act of 1956

Act June 29, 1956, ch. 462, title I, § 102(a), 70 Stat. 374, authorized, for the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11, 1916, additional appropriations of $125,000,000 for the fiscal year ending June 30, 1957, $850,000,000 for the fiscal year ending June 30, 1958, and $875,000,000 for the fiscal year ending June 30, 1959, and provided for the percentage allocation of these funds for primary, secondary and urban systems and the manner of apportionment among the States.

Approval of Estimate of Cost of Completing the Interstate System as Basis for Apportionment of Funds for Fiscal Years 1963 to 1966

Pub. L. 87–61, title I, § 102, June 29, 1961, 75 Stat. 122, approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 11, 1961, as the basis for making the apportionment of funds authorized for the fiscal years ending June 30, 1963, 1964, 1965, and 1966.

Approval of Estimate of Cost of Completing the Interstate System as Basis for Apportionment of Funds for Fiscal Years 1960–1962

Pub. L. 85–381, § 8, Apr. 16, 1958, 72 Stat. 94, as amended by Pub. L. 85–899, § 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L. 86–342, title I, § 103, Sept. 21, 1959, 73 Stat. 611, approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 7, 1958, as the basis for making the apportionment of funds authorized for the fiscal years ending June 30, 1960, 1961, and 1962.

Apportionments for Subsequent Years Based on Revised Estimates of Cost

Act June 29, 1956, ch. 462, title I, § 108(d), 70 Stat. 379, as amended by act Sept. 2, 1958, Pub. L. 85–899, § 2, 72 Stat. 1725, provided that the sums authorized for the fiscal years 1960 through 1969 be apportioned among the several States in the ratio which the estimated cost of completing the Interstate System had to the sum of the estimated cost of completing the Interstate System in all of the States, and required the Secretary of Commerce, in cooperation with State highway departments, to make detailed revised estimates of the cost of completion of the system and to supply Congress with such revised estimate.