23 U.S.C. § 104: Apportionment

$490,964,697 for fiscal year 2022; $500,783,991 for fiscal year 2023; $510,799,671 for fiscal year 2024; $521,015,664 for fiscal year 2025; and $531,435,977 for fiscal year 2026. to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31 . The amounts made available under paragraph (1) shall remain available until expended. For the national highway performance program, 59.0771195921461 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). For the surface transportation block grant program, 28.7402203421251 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). For the highway safety improvement program, 6.70605141316253 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). $2,536,490,803 for fiscal year 2022; $2,587,220,620 for fiscal year 2023; $2,638,965,032 for fiscal year 2024; $2,691,744,332 for fiscal year 2025; and $2,745,579,213 for fiscal year 2026. the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to the total amount of funds apportioned to all States for that program for fiscal year 2020. For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C). $1,373,932,519 for fiscal year 2022; $1,401,411,169 for fiscal year 2023; $1,429,439,392 for fiscal year 2024; $1,458,028,180 for fiscal year 2025; and $1,487,188,740 for fiscal year 2026. the total base apportionment determined for the State under subsection (c); bears to the total base apportionments for all States under subsection (c). To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). $438,121,139 for fiscal year 2022; $446,883,562 for fiscal year 2023; $455,821,233 for fiscal year 2024; $464,937,657 for fiscal year 2025; and $474,236,409 for fiscal year 2026. the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). the base apportionment; by the amount of apportionments that the State received for fiscal year 2021; bears to the amount of those apportionments received by all States for that fiscal year. attributable to highway users in the State; and associated with taxes in effect on July 1, 2019 , and only up to the rate those taxes were in effect on that date; at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and at least 1 percent greater than the apportionment that the State received for the previous fiscal year. On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1). Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State. A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning outside of urbanized areas. Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135. is developed by each State and approved by the Secretary; and takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law. Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures. For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13 , United States Code. on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized. If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998 , by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely manner. The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department. None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States. Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49. The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A). Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title. The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A). Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to an operating administration of the Department of Transportation, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated. The transfer shall have no effect on any apportionment of amounts to a State under this section. Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request. Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section. Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title. The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website. the amount of funding obligated by each State, year-to-date, for the current fiscal year; the amount of funds remaining available for obligation by each State; changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures; the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary; program; funding category or subcategory; type of improvement; State; and sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126. the specific location of the project; the total cost of the project; the amount of Federal funding obligated for the project; the program or programs from which Federal funds have been obligated for the project; a road reconstruction project; a new road construction project; a new bridge construction project; a bridge rehabilitation project; or a bridge replacement project; the ownership of the highway or bridge; less than 5,000 individuals; 5,000 or more individuals but less than 50,000 individuals; 50,000 or more individuals but less than 200,000 individuals; or 200,000 or more individuals; and available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns. In this section, the term “base apportionment” means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. This title [see Tables for classification], including the amendments made by this title, shall take effect on the date of the enactment of this Act [ Dec. 18, 1991 ]. The amendments made by this title shall apply to funds authorized to be appropriated or made available after September 30, 1991 , and, except as otherwise provided in subsection (c), shall not apply to funds appropriated or made available on or before September 30, 1991 . Unobligated balances of funds apportioned to a State under [former] sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and 104(b)(6) of title 23, United States Code, before October 1, 1991 , shall be available for obligation in that State under the law, regulations, policies and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991 . A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid primary system before October 1, 1991 , to the apportionment to such State under [former] section 104(b)(1) or 104(b)(3) of title 23, United States Code, or both. A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid secondary system or the Federal-aid urban system before October 1, 1991 , to the apportionment to such State under [former] section 104(b)(3) of such title. Funds transferred under this paragraph shall be subject to the laws, regulations, policies, and procedures relating to the apportionment to which they are transferred.” the State’s total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program; bears to all States’ total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program. The ratios determined under this subsection shall be subject to the same adjustments as the adjustments made under [former] section 105(f) of title 23 , United States Code. 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 [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. the amount apportioned to the State under subsection (a); by the amount of funds apportioned for the item to the State for fiscal year 2004; bears to the total of the amount of funds apportioned for the items to the State for fiscal year 2004. Funds authorized by section 1101( l ) of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178 , 118 Stat. 1145 ] 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: [former] 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). In carrying out the minimum guarantee under [former] 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 $2,324,000,000 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. The Secretary shall reduce the amount that would be apportioned, but for this section, to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 2005, under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [ Sept. 30, 2004 ] by the amount that is apportioned to each State under subsection (a) and section 5(c) [ 118 Stat. 1150 ] for each such program. 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. the funding authorized for such program, project, or activity in this Act [see Short Title of 2004 Amendment note set out under section 101 of this title ], the Surface Transportation Extension Act of 2005 [ Pub. L. 109–14 ],,[sic] the Surface Transportation Extension Act of 2005, Part II [ Pub. L. 109–20 ][,] the Surface Transportation Extension Act of 2005, Part III [ Pub. L. 109–35 ], the Surface Transportation Extension Act of 2005, Part IV [ Pub. L. 109–37 ], and the Surface Transportation Extension Act of 2005, Part V [ Pub. L. 109–40 ] (including any amendments made by this Act and such Act[s]); or 83 percent of the funding provided for or limitation set on such program, project, or activity in title I of division H of the Consolidated Appropriations Act, 2005 [ Pub. L. 108–447 , see Tables for classification]. The total amount of obligation limitation distributed under paragraph (1) for the period of October 1, 2004 , through July 30, 2005 , shall not exceed $28,801,000,000; except that this limitation shall not apply to $530,370,000 in obligations for minimum guarantee for such period. After August 14, 2005 , no funds shall be obligated for any Federal-aid highway program project until the date of enactment of a law reauthorizing the Federal-aid highway program. Any obligation of obligation authority distributed under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2005 for the purposes of the matter under the heading ‘federal-aid highways’ in title I of division H of the Consolidated Appropriations Act, 2005 [ Pub. L. 108–447 ] ( 23 U.S.C. 104 note; 118 Stat. 3204 ).” the State’s total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program; bears to all States’ total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program. 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 [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. the amount apportioned to the State under subsection (a); by the amount of funds apportioned for the item to the State for fiscal year 2003; bears to the total of the amount of funds apportioned for the items to the State for fiscal year 2003. 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: [former] 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). In carrying out the minimum guarantee under [former] 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. Repealed. Pub. L. 108–310, § 12(e)(1) , Sept. 30, 2004 , 118 Stat. 1162 .] 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 [290]; 118 Stat. 1013 ), in accordance with section 110 of such Act [ 23 U.S.C. 104 note]. 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 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 [former] 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.” the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; bears to all States’ total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. 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 [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, minimum allocation under [former] section 157 of title 23 , United States Code, Interstate reimbursement under [former] 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 ) [ Pub. L. 102–240 , formerly set out as a note under section 157 of this title ], hold harmless under section 1015(a) of that Act ( 105 Stat. 1943 ) [set out below], 90 percent of payments adjustments under section 1015(b) of that Act ( 105 Stat. 1944 ) [set out below], section 1015(c) of that Act ( 105 Stat. 1944 ) [set out below], an amount equal to the funds provided under sections 1103 through 1108 of that Act ( 105 Stat. 2027 ) [see Tables for classification], and funding restoration under section 202 of the National Highway System Designation Act of 1995 ( 109 Stat. 571 ). the amount apportioned to the State under subsection (a); by 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 the total of the amount of funds apportioned for the items, and allocated under those sections, to the State for fiscal year 1997. 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. 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 [former] section 104(a) of title 23 , United States Code, the set-asides under [former] section 104(b)(1) of that title for the territories and under section [former] 104(f)(1) of that title for metropolitan planning, and the expenditure required under section [former] 104(d)(1) of that title shall not apply to those funds. 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 [ Dec. 1, 1997 ] by the amount that is apportioned to each State under subsection (a) and section 5(f) [ Pub. L. 105–130 , 111 Stat. 2558 ] for each such program. 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. the State’s unobligated balance, as of October 1, 1997 , of Federal-aid highway apportionments subject to any limitation on obligations; or 50 percent of the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; but not greater than 75 percent of the State’s total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. The total of all allocations under paragraph (1) shall not exceed $9,786,275,000. 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 . Subparagraph (A) shall not preclude the reobligation of previously obligated funds. 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 ) [set out below]. 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. 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 [ 111 Stat. 1431 ]).” $57,473,430,072 for fiscal year 2022; $58,764,510,674 for fiscal year 2023; $60,095,782,888 for fiscal year 2024; $61,314,170,545 for fiscal year 2025; and $62,657,105,821 for fiscal year 2026. section 125 of title 23 , United States Code; section 147 of the Surface Transportation Assistance Act of 1978 [ Pub. L. 95–599 ] ([former] 23 U.S.C. 144 note; 92 Stat. 2714 ); section 9 of the Federal-Aid Highway Act of 1981 ( 95 Stat. 1701 ); subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 ( 96 Stat. 2119 ); subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 ( 101 Stat. 198 ); sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 2027 ); section 157 of title 23 , United States Code (as in effect on June 8, 1998 ); section 105 of title 23 , United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century ( 112 Stat. 107 ) [ Pub. L. 105–178 , see Tables for classification] or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; section 105 of title 23 , United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); section 1603 of SAFETEA–LU [ Pub. L. 109–59 ] ( 23 U.S.C. 118 note; 119 Stat. 1248 ), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; section 119 of title 23 , United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); section 119 of title 23 , United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and section 119 of title 23 , United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). amounts authorized for administrative expenses and programs by section 104(a) of title 23 , United States Code; and amounts authorized for the Bureau of Transportation Statistics; made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and for which obligation authority was provided in a previous fiscal year; the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23 , United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; the proportion determined under paragraph (3); by the amounts authorized to be appropriated for each such program for the fiscal year; and amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 ; 126 Stat. 405 ) [see section 3(a), (b) of Pub. L. 112–141 , set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title ]) and 104 of title 23, United States Code. Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. remain available for a period of 4 fiscal years; and be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23 , United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23 , United States Code.” amounts authorized for administrative expenses and programs by section 104(a) of title 23 , United States Code; and amounts authorized for the Bureau of Transportation Statistics; made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and for which obligation limitation was provided in a previous fiscal year; the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23 , United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; the proportion determined under paragraph (3); by the amounts authorized to be appropriated for each such program for such fiscal year; and amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. section 125 of title 23 , United States Code; section 147 of the Surface Transportation Assistance Act of 1978 [ Pub. L. 95–599 ] ([former] 23 U.S.C. 144 note; 92 Stat. 2714 ); section 9 of the Federal-Aid Highway Act of 1981 [ Pub. L. 97–134 ] ( 95 Stat. 1701 ); subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 [ Pub. L. 97–424 ] ( 96 Stat. 2119 ); subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [ Pub. L. 100–17 ] ( 101 Stat. 198 ); sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102–240 , see Tables for classification] ( 105 Stat. 2027 ); section 157 of title 23 , United States Code (as in effect on June 8, 1998 ); section 105 of title 23 , United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century [ Pub. L. 105–178 , see Tables for classification] ( 112 Stat. 107 ) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; [former] section 105 of title 23 , United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); section 1603 of SAFETEA–LU [ Pub. L. 109–59 ] ( 23 U.S.C. 118 note; 119 Stat. 1248 ), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and section 119 of title 23 , United States Code (but, for each of fiscal years 2013 through 2026, only in an amount equal to $639,000,000). revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 [ July 6, 2012 ]) and 104 of title 23, United States Code. chapter 5 of title 23, United States Code; title VI of the Fixing America’s Surface Transportation Act [title VI of Pub. L. 114–94 , see Tables for classification]; and title III of division A of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ). remain available for a period of 4 fiscal years; and be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23 , United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23 , United States Code.”