Sec. 2. ADVANCES

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## SEC. 2 ADVANCES **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** ###

(a)In General The Secretary of Transportation (referred to in this Act as the “Secretary”) shall apportion funds made available under section 1003(d) of the Intermodal Surface Transportation Efficiency Act of 1991 to each State in the ratio that— ####

(1)the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; bears to ####

(2)all States' total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. ###

(b)Programmatic Distributions ####

(1)Programs Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, minimum allocation under section 157 of title 23, United States Code, Interstate reimbursement under section 160 of that title, the donor State bonus under section 1013(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1940), hold harmless under section 1015(a) of that Act (105 Stat. 1943), 90 percent of payments adjustments under section 1015(b) of that Act (105 Stat. 1944), section 1015(c) of that Act (105 Stat. 1944), an amount equal to the funds provided under sections 1103 through 1108 of that Act (105 Stat. 2027), and funding restoration under section 202 of the National Highway System Designation Act of 1995 (109 Stat. 571). ####

(2)In general The amount that each State shall be apportioned under this subsection for each item referred to in paragraph

(1)shall be determined by multiplying— #####

(A)the amount apportioned to the State under subsection (a); by #####

(B)the ratio that— ######

(i)the amount of funds apportioned for the item, or allocated under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027), to the State for fiscal year 1997; bears to ######

(ii)the total of the amount of funds apportioned for the items, and allocated under those sections, to the State for fiscal year 1997. ####

(3)Use of funds Amounts apportioned to a State under subsection

(a)attributable to sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 shall be available to the State for projects eligible for assistance under chapter 1 of title 23, United States Code. ####

(4)Administration Funds authorized by the amendment made by subsection

(d)shall be administered as if they had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deduction under section 104(a) of title 23, United States Code, the set-asides under section 104(b)(1) of that title for the territories and under section 104(f)(1) of that title for metropolitan planning, and the expenditure required under section 104(d)(1) of that title shall not apply to those funds. ###

(c)Repayment From Future Apportionments ####

(1)In general The Secretary shall reduce the amount that would, but for this section, be apportioned to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 1998 under a law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act by the amount that is apportioned to each State under subsection

(a)and section 5(f) for each such program. ####

(2)Program category reconciliation The Secretary may establish procedures under which funds apportioned under subsection

(a)for a program category for which funds are not authorized under a law described in paragraph

(1)may be restored to the Federal-aid highway program. * * * * * * * ###

(e)Limitation on Obligations ####

(1)In general Subject to paragraph (2), after the date of enactment of this Act, the Secretary shall allocate to each State an amount of obligation authority made available under the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66) that is— #####

(A)equal to the greater of— ######

(i)the State's unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations; or ######

(ii)50 percent of the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; but #####

(B)not greater than 75 percent of the State's total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. ####

(2)Limitation on amount The total of all allocations under paragraph

(1)shall not exceed $9,786,275,000. ####

(3)Time period for obligations of funds #####

(A)In general Except as provided in subparagraph (B), a State shall not obligate any funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the date of enactment of a multiyear law reauthorizing the Federal-aid highway program or July 1, 1998. #####

(B)Reobligation Subparagraph

(A)shall not preclude the reobligation of previously obligated funds. #####

(C)Distribution of remaining obligation authority On the earlier of the date of enactment of a law described in subparagraph

(A)or July 1, 1998, the Secretary shall distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation in accordance with section 310(a) of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66). #####

(D)Contract authority No contract authority made available to the States prior to July 1, 1998, shall be obligated after that date until such time as a multiyear law reauthorizing the Federal-aid highway program has been enacted. ####

(4)Treatment of obligations Any obligation of an allocation of obligation authority made under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 1998 for the purposes of the matter under the heading “(limitation on obligations)” under the heading “Federal-Aid Highways” in title I of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105–66).

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