Page:United States Statutes at Large Volume 112 Part 1.djvu/261

 PUBLIC LAW 105-178—JUNE 9, 1998 112 STAT. 235 other apportionment of such State under section 104 or 144 for such fiscal year. "(b) APPLICATION TO CERTAIN SET-ASIDES. —No funds may be transferred under this section that are subject to the last sentence of section 133(d)(1) or to section 104(f) or to section 133(d)(3). The maximum amount that a State may transfer under this section of the State's set-aside under section 133(d)(1) or 133(d)(2) for a fiscal year may not exceed 25 percent of (1) the amount of such set-aside, less (2) the amount of the State's set-aside under such section for fiscal year 1997. "(c) APPLICATION TO CERTAIN CMAQ FUNDS. —The maximum amount that a State may transfer under this section of the State's apportionment under section 104(b)(2) for a fiscal year may not exceed 50 percent of (1) the amount of such apportionment, less (2) the amount that the State's apportionment under section 104(b)(2) for such fiscal year would have been had the program been funded at $1,350,000,000. Any such funds apportioned under section 104(b)(2) and transferred under this section may only be obligated in geographic areas eligible for the obligation of funds apportioned under section 104(b)(2).". (b) CONFORMING AMENDMENT. —The analysis for chapter 1 of such title is amended by inserting after the item relating to section 109 the following: "110. Uniform transferability of Federal-aid highway funds.". Subtitle D—Safety SEC. 1401. HAZARD ELIMINATION PROGRAM. Section 152 of title 23, United States Code, is amended— (1) in subsection (a)-- (A) by striking "(a) Each" and inserting the following: "(a) IN GENERAL.— "(1) PROGRAM. —Each"; (B) by inserting ", bicyclists," after "motorists"; (C) by adding at the end the following: "(2) HAZARDS.—In carrying out paragraph (1), a State may, at its discretion— "(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and "(B) develop and implement projects and programs to address the hazards."; and (D) by aligning the remainder of the text of paragraph (1) (as designated by subparagraph (A) of this paragraph) with paragraph (2) of such subsection (as added by subparagraph (C) of this paragraph); (2) in subsection (b) by striking "highway safety improvement project" and inserting "safety improvement project, including a project described in subsection (a)"; (3) in subsection (c) by striking "on any public road (other than a highway on the Interstate System)." and inserting the following: "on— "(1) any public road; "(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or "(3) any traffic calming measure."; (4) in subsection (e)—

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