Sec. 411. IN GENERAL

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## SEC. 411 IN GENERAL ###

(a)In General Except as provided in this Act, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2009, or the date specified in section 106(3) of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), are incorporated by reference and shall continue in effect until September 30, 2011. ###

(b)Authorization of Appropriations Except as provided in section 412, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account)— ####

(1)for fiscal year 2010, a sum equal to the total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144), and title 23, United States Code (excluding chapter 4 of that title); and ####

(2)for fiscal year 2011, a sum equal to the total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144), and title 23, United States Code (excluding chapter 4 of that title). ###

(c)Use of Funds ####

(1)Fiscal year 2010 Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(1) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title). ####

(2)Fiscal year 2011 Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(2) for fiscal year 2011 shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as the total amount of funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title). ####

(3)Calculation The amounts authorized to be appropriated under subsection

(b)shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under the SAFETEA-LU (119 Stat. 1144) or any other law. ####

(4)Contract authority #####

(A)In general Except as provided in subparagraph (B), funds authorized to be appropriated under this section shall be available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and— ######

(i)for fiscal year 2010, shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010 or a portion of that fiscal year; and ######

(ii)for fiscal year 2011, shall be subject to a limitation on obligations included in an Act making appropriations for fiscal year 2011 or a portion of that fiscal year. #####

(B)Exceptions A limitation on obligations described in clause

(i)or

(ii)of subparagraph

(A)shall not apply to any obligation under— ######

(i)section 125 of title 23, United States Code; or ######

(ii)section 105 of title 23, United States Code— ######

(I)for fiscal year 2010, only in an amount equal to $639,000,000; and ######

(II)for fiscal year 2011, only in an amount equal to $639,000,000. ###

(d)Extension and Flexibility for Certain Allocated Programs ####

(1)Fiscal year 2010 Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under subsection (b)(1) determined by the amount that the State received or was authorized to receive for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the SAFETEA-LU (119 Stat. 1198, 1204, 1217, 1256, and 1485), and section 144(f)(1) of title 23, United States Code, shall be— #####

(A)made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that— ######

(i)the amount apportioned to the State for that program for fiscal year 2009; bears to ######

(ii)the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and #####

(B)administered in the same manner and with the same period of availability as such funding is administered under programs identified in subparagraph (A), except that no funds may be used to carry out the project described in section 1307(d)(1) of the SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577). ####

(2)Fiscal year 2011 Notwithstanding any other provision of law, for fiscal year 2011, the portion of the share of funds of a State under subsection (b)(2) determined by the amount that the State received or was authorized to receive for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the SAFETEA-LU (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section 144(f)(1) of title 23, United States Code, shall be— #####

(A)made available to the State for programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that— ######

(i)the amount apportioned to the State for that program for fiscal year 2009; bears to ######

(ii)the amount apportioned to the State for fiscal year 2009 for all programs specified in such section 105(a)(2) (except the high priority projects program); and #####

(3)Territories and puerto rico #####

(A)Fiscal year 2010 Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a territory or Puerto Rico under paragraph (b)(1) determined by the amount that the territory or Puerto Rico received or was authorized to receive for fiscal year 2009 to carry out section 1934 of SAFETEA-LU (119 Stat. 1485), shall be— ######

(i)for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; and ######

(ii)for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code. #####

(B)Fiscal year 2011 Notwithstanding any other provision of law, for fiscal year 2011, the portion of the share of funds of a territory or Puerto Rico under paragraph (b)(2) determined by the amount that the territory or Puerto Rico received or was authorized to receive for fiscal year 2009 to carry out section 1934 of SAFETEA-LU (119 Stat. 1485), shall be— ######

(i)for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; and ######

(ii)for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code. #####

(C)Territory defined In this paragraph, the term “territory” means any of the following territories of the United States: American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands. ####

(4)Additional funds #####

(A)In general No additional funds shall be provided for any project or activity under subsection (c), or paragraph

(1)or

(2)of this subsection, that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2010 to achieve the authorized purpose of the project or activity. #####

(B)Reservation and redistribution of funds Funds made available in accordance with paragraph

(1)or

(2)of subsection

(c)or paragraph

(1)or

(2)of this subsection for a project or activity described in subparagraph

(A)shall be— ######

(i)reserved by the Secretary of Transportation; and ######

(ii)distributed to each State in accordance with paragraph

(1)or

(2)of subsection (c), or paragraph

(1)or

(2)of this subsection, as appropriate, for use in carrying out other highway projects and activities extended by subsection

(c)or this subsection, in the proportion that— ######

(I)the total amount of funds made available for fiscal year 2009 for projects and activities described in subparagraph

(A)in the State; bears to ######

(II)the total amount of funds made available for fiscal year 2009 for those projects and activities in all States. ###

(e)Extension of Authorizations Under Title V of SAFETEA-LU ####

(1)In general The programs authorized under paragraphs

(1)through

(5)of section 5101(a) of the SAFETEA-LU (119 Stat. 1779) shall be continued— #####

(A)for fiscal year 2010, at the funding levels authorized for those programs for fiscal year 2009; and #####

(B)for fiscal year 2011, at the funding levels authorized for those programs for fiscal year 2009. ####

(2)Distribution of funds Funds for programs continued under paragraph

(1)shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2009, except that designations for specific activities shall not be required to be continued for— #####

(A)fiscal year 2010; or #####

(B)fiscal year 2011. ####

(3)Additional funds #####

(A)In general No additional funds shall be provided for any project or activity under this subsection that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2010 to achieve the authorized purpose of the project or activity. #####

(B)Distribution Funds that would have been made available under paragraph

(1)for a project or activity but for the prohibition under subparagraph

(A)shall be distributed in accordance with paragraph (2).

Connections10 off-index

10 references not yet in our index

119 Stat. 1144
122 Stat. 1572
105 Stat. 1914
112 Stat. 107
Pub. L. 111-68
119 Stat. 1198
119 Stat. 1217
122 Stat. 1577
119 Stat. 1485
119 Stat. 1779

Citation graph

cites case law

Sec. 411

IN GENERAL

Stat.119 Stat. 1144

Stat.122 Stat. 1572

Stat.105 Stat. 1914

Stat.112 Stat. 107

Pub. L.Pub. L. 111-68

Cites 10 · showing 5Cited by 0 across 0 sources