Page:United States Statutes at Large Volume 112 Part 1.djvu/873

 PUBLIC LAW 105-206-^ULY 22, 1998 112 STAT. 847 X2) FISCAL YEAR 2003 AND FISCAL YEARS THEREAFTER.— Effective date. On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1). '(3) USE FOR HAZARD ELIMINATION PROGRAM. —A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 152. '(4) FEDERAL SHARE.— The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent. '(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: '(A) The apportionment of the State under section 104(b)(1). '(B) The apportionment of the State under section 104(b)(3). 104(b)(4). '(A) IN GENERAL.— I f the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. '(B) AMOUNT. —The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying— '(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by '(ii) the ratio that— '(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to '(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. '(7) LIMITATION ON APPLICABILITY OF OBLIGATION LIMITATION. —Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.'.
 * (C) The apportionment of the State under section
 * (6) TRANSFER OF OBLIGATION AUTHORITY. —

�