Sec. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS

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

## SEC. 3 TRANSFERS OF UNOBLIGATED APPORTIONMENTS ###

(a)In General In addition to any other authority of a State to transfer funds, for fiscal year 2004, a State may transfer any funds apportioned to the State for any program under section 104(b) (including amounts apportioned under section 104(b)(3) or set aside, made available, or suballocated under section 133(d)) or section 144 of title 23, United States Code, before, on, or after the date of enactment of this Act, 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 the Surface Transportation Extension Act of 2004, Part V, the Secretary of Transportation shall restore any funds that a State transferred under subsection (a). ####

(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 program. ####

(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. ###

(e)Prohibition of Transfers Notwithstanding any other provision of this section, no funds may be transferred after February 29, 2004, by a State under subsection (a)— ####

(1)from amounts apportioned to the State for the congestion mitigation and air quality improvement program; and ####

(2)from amounts apportioned to the State for the surface transportation program and that are subject to any of paragraphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United States Code.