Sec. 1606. Highway formula modernization report

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The Secretary of Transportation, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections

(b)and

(c)of section 104 of title 23, United States Code, and issue recommendations on such method and data. The highway formula modernization study required under paragraph

(1)shall include an assessment of, based on the latest available data, whether the apportionment method under such section results in— an equitable distribution of funds based on the estimated tax payments attributable to— highway users in the State that are paid into the Highway Trust Fund; and individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and the achievement of the goals described in section 101(b)(3) of title 23, United States Code. In carrying out the assessment under paragraph (2), the Secretary shall consider the following: The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU ( Public Law 109–59 ). The availability and accuracy of data necessary to calculate formula apportionments under the factors described in subparagraph (A). The measures established under section 150 of title 23, United States Code, and whether such measures are appropriate for consideration as formula apportionment factors. The results of the CMAQ formula modernization study required under subsection (b). Inclusion of the Commonwealth of Puerto Rico in the apportionment under subsections

(b)and

(c)of section 104 of such title, including an estimate of the anticipated contributions to the Highway Trust Fund from the citizens of Puerto Rico if Puerto Rico was subject to applicable highway user fees. A needs-based assessment of the share of Federal-aid highway funds that should be made available to the territories described under section 165(c) of such title and a review of the current administrative distribution of such funds among the territories. Any other factors that the Secretary determines are appropriate. The Secretary shall, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), develop recommendations on a new apportionment method, including— the factors recommended to be included in such apportionment method; the weighting recommended to be applied to the factors under subparagraph (A); and any other recommendations to ensure that the apportionment method best achieves an equitable distribution of funds described under paragraph (2)(A) and the goals described in paragraph (2)(B). The Secretary shall, in consultation with the territories described under section 165(c) of title 23, United States Code, develop recommendations on the total annual allocation to such territories and a data driven, equitable allocation of funding among such territories. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall conduct an CMAQ formula modernization study to assess whether the apportionment method under section 104(b)(4) of title 23, United States Code, results in a distribution of funds that best achieves the air quality goals of section 149 of such title. In providing consultation under this subsection, the Administrator of the Environmental Protection Agency shall provide to the Secretary an analysis of— factors that contribute to the apportionment, including population, types of pollutants, and severity of pollutants, as such factors were determined on the date prior to the date of enactment of MAP–21; the weighting of the factors listed under subparagraph (A); and the recency of the data used in making the apportionment under section 104(b)(4) of title 23, United States Code. If, in conducting the study under this subsection, the Secretary finds that modifying the apportionment method under section 104(b)(4) of title 23, United States Code, would best achieve the air quality goals of section 149 of title 23, United States Code, the Secretary shall, in consultation with the Administrator, include in such study recommendations for a new apportionment method, including— the factors recommended to be included in such apportionment method; the weighting recommended to be applied to the factors under subparagraph (A); and any other recommendations to ensure that the apportionment method best achieves the air quality goals section 149 of such title. No later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the highway formula modernization study and the CMAQ formula modernization study.

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Pub. L. 109-59

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Sec. 1606

Highway formula modernization report

Pub. L.Pub. L. 109-59

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