Sec. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS
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## SEC. 3 TRANSFERS OF UNOBLIGATED APPORTIONMENTS ###
(a)In General In addition to any other authority of a State to transfer funds, for fiscal year 1998, a State may transfer any funds apportioned to the State for any program under section 104 (including amounts apportioned under section 104(b)(3) or set aside or suballocated under section 133(d)), 144, or 402 of title 23, United States Code, before, on, or after the date of enactment of this Act, granted to the State for any program under section 410 of that title before, on, or after such date of enactment, or allocated to the State for any program under chapter 311 of title 49, United States Code, before, on, or after such date of enactment, that are subject to any limitation on obligations, and that are not obligated, to any other of those programs. ###
(b)Treatment of Transferred Funds Any funds transferred to another program under subsection
(a)shall be subject to the provisions of the program to which the funds are transferred, except that funds transferred to a program under section 133 (other than subsections (d)(1) and (d)(2)) of title 23, United States Code, shall not be subject to section 133(d) of that title. ###
(c)Restoration of Apportionments ####
(1)In general As soon as practicable after the date of enactment of a law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act, the Secretary shall restore any funds that a State transferred under subsection
(a)for any project not eligible for the funds but for this section to the program category from which the funds were transferred. ####
(2)Program category reconciliation The Secretary may establish procedures under which funds transferred under subsection
(a)from a program category for which funds are not authorized may be restored to the Federal-aid highway, highway safety, and motor carrier safety programs. ####
(3)Limitation on statutory construction No provision of law, except a statute enacted after the date of enactment of this Act that expressly limits the application of this subsection, shall impair the authority of the Secretary to restore funds pursuant to this subsection. ###
(d)Guidance The Secretary may issue guidance for use in carrying out this section.