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 shall apportion funds made available under section 1101(c) of the Transportation Equity Act for the 21st Century (112 Stat. 116), as amended by this Act, the Surface Transportation Extension Act of 2004, the Surface Transportation Extension Act of 2004, Part II, the Surface Transportation Extension Act of 2004, Part III, the Surface Transportation Extension Act of 2004, Part IV, and the Surface Transportation Extension Act of 2004, Part V to each State in the ratio that— ####

(1)the State's total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program; bears to ####

(2)all States' total fiscal year 2003 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 program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. ####

(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 to the State for fiscal year 2003; bears to ######

(ii)the total of the amount of funds apportioned for the items to the State for fiscal year 2003. ####

(3)Administration of funds Funds authorized by section 1101(c) of the Transportation Equity Act for the 21st Century shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set-asides in the following sections of such title shall not apply to such funds: sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). ####

(4)Special rules for minimum guarantee In carrying out the minimum guarantee under section 105(c) of title 23, United States Code, with funds apportioned under this section for the minimum guarantee, the $2,800,000,000 set forth in paragraph

(1)of such section 105(c) shall be treated as being $2,800,000,000 and the aggregate of amounts apportioned to the States under this section for the minimum guarantee shall be treated, for purposes of such section 105(c), as amounts made available under section 105 of such title. * * * * * * * **[**(c) Repealed by section 12(e)(1) of Public Law 108–310; 118 Stat. 1162.**]** * * * * * * * ###

(e)Limitation on Obligations ####

(1)Distribution of obligation authority For the fiscal year 2004, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading “Federal-aid highways” in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108-199; 118 Stat. 291; 118 Stat. 1013), in accordance with section 110 of such Act. ####

(2)Calculation of ratio For purposes of the calculation of the ratio under section 110(a)(3) of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108-199; 118 Stat. 291; 23 U.S.C. 104 note)— #####

(A)the obligation limitation for Federal-aid Highways referred to in section 110(a)(3)(A) of such Act shall be deemed to be the obligation limitation for Federal-aid highways and highway safety construction programs for fiscal year 2004 identified under the heading “Federal-Aid Highways” in such Act (118 Stat. 290); and #####

(B)the total of sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs

(1)through

(7)of section 110(b) of such Act and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection 110(b)(8) of such Act) for such fiscal year, referred to in section 110(a)(3)(B) of such Act, shall be deemed to be $34,606,000,000, less the aggregate of the amounts not distributed under section 110(a)(1) of such Act.

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