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Code · STATUTE-COMPILATIONS · Intermodal Surface Transportation Efficiency Act of 1991 · Sec. 1002

Sec. 1002. OBLIGATION CEILING

1,067 words·~5 min read·/statute-compilations/comps-1422/sec-1002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1002 OBLIGATION CEILING ###
(a)General Limitation **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** Notwithstanding any other provision of law (other than subsection
(f)of this section), the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed— ####
(1)$16,800,000,000 for fiscal year 1992; ####
(2)$18,303,000,000 for fiscal year 1993; ####
(3)$18,362,000,000 for fiscal year 1994; ####
(4)$18,332,000,000 for fiscal year 1995; ####
(5)$18,357,000,000 for fiscal year 1996; and ####
(6)$18,338,000,000 for fiscal year 1997. ###
(b)Exceptions **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** The limitations under subsection
(a)shall not apply to obligations— ####
(1)under section 125 of title 23, United States Code; ####
(2)under section 157 of such title; ####
(3)under section 147 of the Surface Transportation Assistance Act of 1978; ####
(4)under section 9 of the Federal-Aid Highway Act of 1981; ####
(5)under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; ####
(6)under section 404 of the Surface Transportation Assistance Act of 1982; and ####
(7)under sections 1103 through 1108 of this Act. Such limitations shall also not apply to obligations of funds made available by subsections
(b)and
(c)of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987. ###
(c)Distribution of Obligation Authority **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** ####
(1)General rule For each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, the Secretary shall distribute the limitation imposed by subsection
(a)by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. ####
(2)Special rule for massachusetts For purposes of this section, funds apportioned to the State of Massachusetts pursuant to the next to the last sentence of section 104(b)(5)(A) of title 23, United States Code, shall be treated as if such funds were allocated to such State under such title. If, before October 1 of each of fiscal years 1992, 1993, 1994, and 1995, the State of Massachusetts indicates it will not obligate a portion of the amount which would be distributed to such State under the preceding sentence, the Secretary shall distribute such portion to the other States under paragraph (1). ###
(d)Limitation on Obligation Authority **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** During the period October 1 through December 31 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, no State shall obligate more than 35 percent of the amount distributed to such State under subsection
(c)for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year. ###
(e)Redistribution of Unused Obligation Authority **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** Notwithstanding subsections
(c)and (d), the Secretary shall— ####
(1)provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; ####
(2)after August 1 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, revise a distribution of the funds made available under subsection
(c)for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code; and ####
(3)not distribute amounts authorized for administrative expenses, Federal lands highways programs, and the national high speed ground transportation programs and amounts made available under section 149(d) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. ###
(f)Additional Obligation Authority **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** ####
(1)In general Subject to paragraph (2), a State which after August 1 and on or before September 30 of fiscal year 1993, 1994, 1995, 1996, or 1997 obligates the amount distributed to such State in such fiscal year under subsections
(c)and
(e)may obligate for Federal-aid highways and highway safety construction on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State— #####
(A)under sections 104 and 144 of title 23, United States Code, and #####
(B)for highway assistance projects under section 103(e)(4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed. ####
(2)Limitation on additional obligation authority During the period August 2 through September 30 of each of fiscal years 1993, 1994, 1995, 1996, and 1997, the aggregate amount which may be obligated by all States pursuant to paragraph
(1)shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States— #####
(A)under sections 104 and 144 of title 23, United States Code, and #####
(B)for highway assistance projects under section 103(e)(4) of such title, which would not be obligated in such fiscal year if the total amount of obligational authority provided by subsection
(a)for such fiscal year were utilized. ####
(3)Limitation on applicability Paragraph
(1)shall not apply to any State which on or after August 1 of fiscal year 1993, 1994, 1995, 1996, or 1997, as the case may be, has the amount distributed to such State under subsection
(c)for such fiscal year reduced under subsection (e)(2). ###
(g)Obligation Ceiling for Highway Safety Programs **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997. * * * * * * *
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Sec. 1002
OBLIGATION CEILING
U.S.C.§ 104
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