Sec. 1104. APPORTIONMENT

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## SEC. 1104 APPORTIONMENT ###

(a)Administrative Expenses Section 104(a)(1) of title 23, United States Code, is amended to read as follows: > > #### “(1) In general > > There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— > > > ##### “(A) > > $453,000,000 for fiscal year 2016; > > > ##### “(B) > > $459,795,000 for fiscal year 2017; > > > ##### “(C) > > $466,691,925 for fiscal year 2018; > > > ##### “(D) > > $473,692,304 for fiscal year 2019; and > > > ##### “(E) > > $480,797,689 for fiscal year 2020.” > . ###

(b)Division Among Programs of State’s Share of Base Apportionment Section 104(b) of title 23, United States Code, is amended— ####

(1)by striking “

(b)Division of ” and all that follows before paragraph

(1)and inserting the following: > > ### “(b) Division Among Programs of State’s Share of Base Apportionment > > The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection

(c)among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 as follows:” > ; ####

(2)in paragraphs (1), (2), and

(3)by striking “paragraphs

(4)and (5)” each place it appears and inserting “paragraphs (4), (5), and (6)”; ####

(3)in paragraph (2)— #####

(A)in the paragraph heading by striking “Surface transportation program” and inserting “Surface transportation block grant program”; and #####

(B)by striking “surface transportation program” and inserting “surface transportation block grant program”; ####

(4)in paragraph (4), in the matter preceding subparagraph (A), by striking “the amount determined for the State under subsection (c)” and inserting “the amount of the base apportionment remaining for the State under subsection

(c)after making the set aside in accordance with paragraph (5)”; ####

(5)by redesignating paragraph

(5)as paragraph (6); ####

(6)by inserting after paragraph

(4)the following: > > #### “(5) National highway freight program > > > ##### “(A) In general > > For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection

(c)an amount determined for the State under subparagraphs

(B)and (C). > > > ##### “(B) Total amount > > The total amount set aside for the national highway freight program for all States shall be— > > > ###### “(i) > > $1,150,000,000 for fiscal year 2016; > > > ###### “(ii) > > $1,100,000,000 for fiscal year 2017; > > > ###### “(iii) > > $1,200,000,000 for fiscal year 2018; > > > ###### “(iv) > > $1,350,000,000 for fiscal year 2019; and > > > ###### “(v) > > $1,500,000,000 for fiscal year 2020. > > > ##### “(C) State share > > For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph

(B)so that each State receives the amount equal to the proportion that— > > > ###### “(i) > > the total base apportionment determined for the State under subsection (c); bears to > > > ###### “(ii) > > the total base apportionments for all States under subsection (c). > > > ##### “(D) Metropolitan planning > > Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that— > > > ###### “(i) > > the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to > > > ###### “(ii) > > the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP-21 (Public Law 112-141; 126 Stat. 405).” > ; and ####

(7)in paragraph

(6)(as so redesignated), in the matter preceding subparagraph (A), by striking “the amount determined for the State under subsection (c)” and inserting “the amount of the base apportionment remaining for a State under subsection

(c)after making the set aside in accordance with paragraph (5)”. ###

(c)Calculation of State Amounts Section 104(c) of title 23, United States Code, is amended to read as follows: > > ### “(c) Calculation of Amounts > > > #### “(1) State share > > For each of fiscal years 2016 through 2020, the amount for each State shall be determined as follows: > > > ##### “(A) Initial amounts > > The initial amounts for each State shall be determined by multiplying— > > > ###### “(i) > > each of— > > > ###### “(I) > > the base apportionment; > > > ###### “(II) > > supplemental funds reserved under subsection (h)(1) for the national highway performance program; and > > > ###### “(III) > > supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by > > > ###### “(ii) > > the share for each State, which shall be equal to the proportion that— > > > ###### “(I) > > the amount of apportionments that the State received for fiscal year 2015; bears to > > > ###### “(II) > > the amount of those apportionments received by all States for that fiscal year. > > > ##### “(B) Adjustments to amounts > > The initial amounts resulting from the calculation under subparagraph

(A)shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. > > > #### “(2) State apportionment > > On October 1 of fiscal years 2016 through 2020, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 in accordance with paragraph (1).” > . ###

(d)Supplemental Funds Section 104 of title 23, United States Code, is amended by adding at the end the following: > > ### “(h) Supplemental Funds > > > #### “(1) Supplemental funds for national highway performance program > > > ##### “(A) Amount > > Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to— > > > ###### “(i) > > $53,596,122 for fiscal year 2019; and > > > ###### “(ii) > > $66,717,816 for fiscal year 2020. > > > ##### “(B) Treatment of funds > > Funds reserved under subparagraph

(A)and apportioned to a State under subsection

(c)shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection. > > > #### “(2) Supplemental funds for surface transportation block grant program > > > ##### “(A) Amount > > Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year an amount equal to— > > > ###### “(i) > > $835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus— > > > ###### “(I) > > $55,426,310 for fiscal year 2016; and > > > ###### “(II) > > $89,289,904 for fiscal year 2017; and > > > ###### “(ii) > > $850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus— > > > ###### “(I) > > $118,013,536 for fiscal year 2018; > > > ###### “(II) > > $130,688,367 for fiscal year 2019; and > > > ###### “(III) > > $170,053,448 for fiscal year 2020. > > > ##### “(B) Treatment of funds > > Funds reserved under subparagraph

(A)and apportioned to a State under subsection

(c)shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection. > > > ### “(i) Base Apportionment Defined > > In this section, the term ‘base apportionment’ means— > > > #### “(1) > > the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134; minus > > > #### “(2) > > supplemental funds reserved under subsection

(h)for the national highway performance program and the surface transportation block grant program.” > . ###

(e)Conforming Amendments ####

(1)Section 104(d)(1)(A) of title 23, United States Code, is amended by striking “subsection (b)(5)” each place it appears and inserting “paragraphs (5)(D) and

(6)of subsection (b)”. ####

(2)Section 120(c)(3) of title 23, United States Code, is amended— #####

(A)in subparagraph

(A)in the matter preceding clause (i), by striking “or (5)” and inserting “(5)(D), or (6)”; and #####

(B)in subparagraph (C)(i) by striking “and (5)” and inserting “(5)(D), and (6)”. ####

(3)Section 135(i) of title 23, United States Code, is amended by striking “section 104(b)(5)” and inserting “paragraphs (5)(D) and

(6)of section 104(b)”. ####

(4)Section 136(b) of title 23, United States Code, is amended in the first sentence by striking “paragraphs

(1)through

(5)of section 104(b)” and inserting “paragraphs

(1)through

(6)of section 104(b)”. ####

(5)Section 141(b)(2) of title 23, United States Code, is amended by striking “paragraphs

(1)through

(5)of section 104(b)” and inserting “paragraphs

(1)through

(6)of section 104(b)”. ####

(6)Section 505(a) of title 23, United States Code, is amended in the matter preceding paragraph

(1)by striking “through (4)” and inserting “through (5)”.

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Pub. L. 112-141
126 Stat. 405

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Sec. 1104

APPORTIONMENT

Pub. L.Pub. L. 112-141

Stat.126 Stat. 405

Cites 2Cited by 0 across 0 sources