Page:United States Statutes at Large Volume 118.djvu/1176

 118 STAT. 1146 PUBLIC LAW 108–310—SEPT. 30, 2004 (e) LIMITATION ON OBLIGATIONS.— (1) IN GENERAL.—Subject to paragraph (2), upon enactment of an Act making appropriations for the Department of Transportation for fiscal year 2005 (other than an Act or resolu tion making continuing appropriations), the Secretary shall distribute 8 12 of the obligation limitation for Federal aid high ways and highway safety construction programs provided by such Act according to the provisions of such Act. (2) EXCEPTIONS.—– (A) DETERMINATION OF AMOUNTS.—Any instruction in such Act that would require the distribution or reservation of obligation limitation prior to distributing the remainder of the obligation limitation to the States shall be executed as if the program, project, or activity for which obligation limitation is so distributed or reserved was authorized at an amount equivalent to the greater of— (i) the amount authorized for such program, project, or activity in this Act; or (ii) 8 12 of the amount provided for or limitation set on such program, project, or activity in the Act making appropriations for the Department of Transpor tation for fiscal year 2005. (B) MINIMUM GUARANTEE.—Obligations for the period October 1, 2004, through May 31, 2005, shall not exceed the obligation limitation distributed by this subsection, except that this limitation shall not apply to $426,000,000 in obligations for minimum guarantee for such period. (3) TIME PERIOD FOR OBLIGATIONS.—After May 31, 2005, no funds shall be obligated for any Federal aid highway pro gram project until the date of enactment of a multiyear law reauthorizing the Federal aid highway program enacted after the date of enactment of this Act. (4) TREATMENT OF OBLIGATIONS.—Any obligation of obliga tion authority distributed under this subsection shall be consid ered to be an obligation for Federal aid highways and highway safety construction programs for fiscal year 2005 for the pur poses of any obligation limitation set in an Act making appro priations for the Department of Transportation for fiscal year 2005. SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS. (a) IN GENERAL.—In addition to any other authority of a State to transfer funds, for fiscal year 2005, 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 trans ferred 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.—

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