Page:United States Statutes at Large Volume 118.djvu/1177

 118 STAT. 1147 PUBLIC LAW 108–310—SEPT. 30, 2004 (1) IN GENERAL.—As soon as practicable after the date of enactment of a multiyear law reauthorizing the Federal aid highway program enacted after the date of enactment of this Act, the Secretary of Transportation shall restore any funds that a State transferred under subsection (a) for any project not eligible for the funds but for this section to the program category from which the funds were transferred. (2) PROGRAM CATEGORY RECONCILIATION.—The Secretary may establish procedures under which funds transferred under subsection (a) from a program category for which funds are not authorized may be restored to the Federal aid highway program. (3) LIMITATION ON STATUTORY CONSTRUCTION.—No provi sion of law, except a statute enacted after the date of enactment of this Act that expressly limits the application of this sub section, shall impair the authority of the Secretary to restore funds pursuant to this subsection. (d) GUIDANCE.—The Secretary may issue guidance for use in carrying out this section. (e) PROHIBITION OF TRANSFERS.—Notwithstanding any other provision of this section, no funds may be transferred by a State under subsection (a)— (1) from amounts apportioned to the State for the conges tion mitigation and air quality improvement program; and (2) from amounts apportioned to the State for the surface transportation program and that are subject to any of para graphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United States Code. SEC. 4. ADMINISTRATIVE EXPENSES. (a) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for administrative expenses of the Federal aid highway program $234,682,667 for fiscal year 2005. (b) CONTRACT AUTHORITY.—Funds made available by this sec tion shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and shall be subject to a limitation on obligations for Federal aid highways and highway safety construction programs; except that such funds shall remain available until expended. SEC. 5. OTHER FEDERAL AID HIGHWAY PROGRAMS. (a) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE I OF TEA21.— (1) FEDERAL LANDS HIGHWAYS.— (A) INDIAN RESERVATION ROADS.—Section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112; 118 Stat. 877) is amended— (i) by inserting before the period at the end the following: ‘‘and $183,333,333 for the period of October 1, 2004, through May 31, 2005’’; and (ii) by adding at the end the following: ‘‘The min imum amount made available for such period that the Secretary, in cooperation with the Secretary of the Interior, shall reserve for Indian reservation road bridges under section 202(d)(4) of title 23, United States Code, shall be $8,666,667 instead of $13,000,000.’’.

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