Sec. 103. Additional amounts for the Federal-aid highway program and member designated projects
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In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, for activities under this section, $14,742,808,640. Amounts authorized to be appropriated under paragraph
(1)shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code. Notwithstanding any other provision of law, for fiscal year 2022, obligations for activities authorized under subsection
(a)shall not exceed $14,742,808,640. Except as provided in clause (ii), obligation authority made available under this paragraph shall— remain available until September 30, 2025; and be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for fiscal year 2022 under section 102 or future fiscal years under any other provision of law. Except as provided in subsection (i)(2)(E), obligation authority associated with a member designated project shall remain available until expended. Of the obligation authority provided under paragraph (1), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2022, amounts of obligation authority equal to the amounts described in paragraphs
(1)through
(5)of subsection (c), respectively. Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under paragraphs
(1)through
(5)of subsection (c), respectively, shall receive an amount of obligation authority equal to the funds received under any of such paragraphs. Amounts authorized to be appropriated for fiscal year 2022 under subsection
(a)shall be distributed as follows: $14,343,545,973 to the States. $167,481,814 to Tribes. $52,400,251 to Puerto Rico. $55,012,918 to the territories. $124,367,684 to Federal land management agencies. Amounts distributed to States under subsection (c)(1) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2022. Of the amount distributed to a State under subparagraph (A)— the amount specified in section 107 for each member designated project in the State shall be reserved to carry out such project; and any remaining amount shall be available to the State under paragraph (2). Funds made available under paragraph (1)(B)(ii) shall be— available for activities eligible under section 133(b) of title 23, United States Code, subject to subsection
(c)of such section; and administered as if apportioned under chapter 1 of title 23, United States Code. Amounts distributed to Tribes under subsection (c)(2) shall be— available for activities eligible under the tribal transportation program under section 202 of title 23, United States Code; and administered as if allocated under section 202 of title 23, United States Code, except that the set-aside described in subparagraph
(C)of section 202(b)(3) of such title and subsections (a)(6), (c), (d), and
(e)of section 202 of such title shall not apply to such funds. Of the amount distributed to Puerto Rico under subsection (c)(3)— the amount specified in section 107 for each member designated project in Puerto Rico shall be reserved to carry out such project; and any remaining amount shall be available to Puerto Rico under paragraph (2). Funds made available under paragraph (1)(B) shall be— administered as if allocated under section 165(b) of title 23, United States Code; available for activities described under paragraph (2)(C)(iii) of such section; and not subsection to subparagraph
(A)or
(B)of paragraph
(2)of such section. Of the amount distributed to a territory under subsection (c)(4)— the amount specified in section 107 for each member designated project in the territory shall be reserved to carry out such project; of amounts remaining after the distribution under subparagraph (A), not more than $1,392,918 shall be made available to American Samoa; and any remaining amount shall be available to the territories as described under paragraph (2). Funds made available under subparagraphs
(B)and
(C)of paragraph
(1)shall be administered as if allocated under, and available for activities described under, section 165(c) of title 23, United States Code. Amounts distributed under subsection (c)(5) shall be distributed among the Federal land management agencies as follows: $99,494,147 for the National Park Service. $9,949,415 for the United States Fish and Wildlife Service. $6,301,296 for the United States Forest Service. $8,622,826 to be allocated to the remaining Federal land management agencies described in section 203(b) of title 23, United States Code. Funds made available under paragraph
(1)shall be— available for activities eligible under the Federal lands transportation program under section 203 of title 23, United States Code; and administered as if allocated under section 203 of title 23, United States Code. Member designated project funds shall be available until expended, except as specified in paragraph (2)(C)(iv). Except as specified in paragraph (2)(C)(iv) or clauses
(ii)or (iii), member designated project funds shall be administered as if apportioned— for a project eligible under chapter 1 of title 23, United States Code, under such chapter; for a project eligible under chapter 2 of title 23, United States Code, under such chapter; or for a project eligible under chapter 53 of title 49, United States Code, under such chapter. Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with member designated project funds shall be determined in accordance with section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, if applicable. Member designated project funds made available for transit capital and planning projects may be transferred to, and administered by, the Secretary in accordance with section 104(f) of title 23, United States Code. Member designated project authorizations specified in section 107 distributed to a State for transit capital and planning projects shall be made available for obligation to a designated or direct recipient or subrecipient under chapter 53 of title 49, United States Code, as specified in section 107 or, if no such eligible recipient is identified, to the designated recipient in the location specified in such section. Beginning on October 1, 2025, except as described in clause (ii), if less than 10 percent of the amount reserved for a member designated project for a State, Puerto Rico, or territory has been obligated, the State, Puerto Rico, or a territory, respectively, may submit to the Secretary, a request to use, under subparagraph (B)— the unobligated amount reserved for the member designated project; and the obligation authority that is associated with such amount. If the project has been completed and an unobligated amount remains reserved for a member designated project, a State, Puerto Rico, or territory may submit to the Secretary certification that such project has been completed (and the Secretary shall verify such completion). Upon verification, the State, Puerto Rico, or territory, respectively, may use, under subparagraph (B)— the unobligated amount reserved for the member designated project; and the obligation authority that is associated with such amount. In making the determination under subparagraph (A)(i), the Secretary shall— consider whether the member designated project can be completed with the amount reserved for the member designated project and other committed funds; determine whether the public entity serving as the project sponsor listed in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act supports the proposed repurposing; and ensure that the proposed repurposing would be used for a project with the same eligible project type. Funds for which the Secretary approves a request or verifies a completed project under subparagraph (A)— may be used and shall be treated— for a request by a State, as if such amount was made available under subsection (d)(1)(B)(ii); for a request by Puerto Rico, as if such amount was made available under subsection (f)(1)(B); and for a request by a territory, as if such amount was made available under subsection (g)(1)(C); shall be used within the location described in subparagraph (D)(ii); shall be subject to the Federal share specified in section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, as applicable; and notwithstanding paragraph (1)(A)(ii), shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request. Funds for which the Secretary approves a request under subparagraph
(A)shall— for funds specified in section 107 to be used within a metropolitan planning area (as such term is defined in section 134(b) of title 23, United States Code), applied to an activity within or predominantly serving such metropolitan area; for funds specified in section 107 to be used within a political subdivision of a State, applied to an activity within or predominantly serving such political subdivision; for funds specified in section 107 to be used within Puerto Rico, applied to an activity within Puerto Rico; and for funds specified in section 107 to be used within a territory, applied to an activity within such territory. Notwithstanding subsection (b)(1)(B)(ii), obligation authority that is repurposed under this paragraph shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request or verifies the completed project under subparagraph (A).