Page:United States Statutes at Large Volume 118.djvu/1192

 118 STAT. 1162 PUBLIC LAW 108–310—SEPT. 30, 2004 limitation made available for Federal aid highways and high way 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; 118 Stat. 1013), in accordance with section 110 of such Act.’’; and (2) by redesignating paragraph (5) as paragraph (2). (d) PERIOD OF AVAILABILITY.—Obligation authority made avail able for fiscal year 2004 under section 2 of the Surface Transpor tation Extension Act of 2003 as a result of the amendments made by this section, that is in addition to obligation authority previously made available for fiscal year 2004 under section 2 of such Act (117 Stat. 1110; 118 Stat. 478; 118 Stat. 627; 118 Stat. 698; 118 Stat. 876), shall remain available for obligation during fiscal years 2004 and 2005, or for additional fiscal years if so made available in a law enacted before the date of enactment of this Act. (e) PAYMENT FROM FUTURE APPORTIONMENTS.—The Surface Transportation Extension Act of 2003 (117 Stat. 1110) is amended— (1) by striking section 2(c) (117 Stat. 1111; 118 Stat. 877); (2) by striking section 3(c)(1) (117 Stat. 1112) and inserting the following: ‘‘(1) IN GENERAL.—As soon as practicable after the date of enactment of the Surface Transportation Extension Act of 2004, Part V, the Secretary of Transportation shall restore any funds that a State transferred under subsection (a).’’; and (3) by striking section 5(n) (117 Stat. 1119; 118 Stat. 483; 118 Stat. 632; 118 Stat. 703; 118 Stat. 881). (f) SUPPLEMENTAL MINIMUM GUARANTEE.— (1) GENERAL RULE.—For fiscal year 2004, the Secretary shall allocate among the States amounts sufficient to ensure that each State’s percentage of the total apportionments for such fiscal year pursuant to sections 2(a) and 5(c) of the Surface Transportation Extension Act of 2003 and amounts apportioned under this section shall equal the percentage listed for each State in section 105(b) of title 23, United States Code. The shares in such section shall be adjusted in accordance with section 105(f) of such title. The minimum amount allocated to a State under this subsection for the fiscal year shall be $1,000,000. (2) AUTHORIZATION.—There are authorized to be appro priated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this subsection for fiscal year 2004. (3) ADMINISTRATION OF FUNDS.—Funds apportioned to a State under this subsection— (A) shall be available for obligation in the same manner as if such funds were apportioned to the State under chapter 1 of title 23, United States Code; (B) shall be combined with funds apportioned to the State for the minimum guarantee program under section 2(a) of the Surface Transportation Extension Act of 2003; and (C) shall be administered in the same manner as funds apportioned under section 105 of such title. (4) OBLIGATION LIMITATION.—Funds apportioned under this subsection shall be subject to any limitation on obligations 23 USC 104 note.

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