Page:United States Statutes at Large Volume 119.djvu/1181

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1163

SEC. 1104. EQUITY BONUS PROGRAM.

(a) IN GENERAL.—Section 105 of title 23, United States Code, is amended to read as follows: ‘‘§ 105. Equity bonus program ‘‘(a) PROGRAM.— ‘‘(1) IN GENERAL.—Subject to subsections (c) and (d), for each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a percentage of the total apportionments for the fiscal year for the programs specified in paragraph (2) that is less than the percentage calculated under subsection (b). ‘‘(2) SPECIFIC PROGRAMS.—The programs referred to in subsection (a) are— ‘‘(A) the Interstate maintenance program under section 119; ‘‘(B) the national highway system program under section 103; ‘‘(C) the highway bridge replacement and rehabilitation program under section 144; ‘‘(D) the surface transportation program under section 133; ‘‘(E) the highway safety improvement program under section 148; ‘‘(F) the congestion mitigation and air quality improvement program under section 149; ‘‘(G) metropolitan planning programs under section 104(f); ‘‘(H) the high priority projects program under section 117; ‘‘(I) the equity bonus program under this section; ‘‘(J) the Appalachian development highway system program under subtitle IV of title 40; ‘‘(K) the recreational trails program under section 206; ‘‘(L) the safe routes to school program under section 1404 of the SAFETEA–LU; ‘‘(M) the rail-highway grade crossing program under section 130; and ‘‘(N) the coordinated border infrastructure program under section 1303 of the SAFETEA–LU. ‘‘(b) STATE PERCENTAGE.— ‘‘(1) IN GENERAL.—The percentage referred to in subsection (a) for each State shall be— ‘‘(A) for each of fiscal years 2005 and 2006, 90.5 percent, for fiscal year 2007, 91.5 percent, and for each of fiscal years 2008 and 2009, 92 percent, of the quotient obtained by dividing— ‘‘(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; by ‘‘(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year; or

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