Page:United States Statutes at Large Volume 119.djvu/1182

 119 STAT. 1164

PUBLIC LAW 109–59—AUG. 10, 2005 ‘‘(B) for a State with a total population density of less than 40 persons per square mile (as reported in the decennial census conducted by the Federal Government in 2000) and of which at least 1.25 percent of the total acreage is under Federal jurisdiction, based on the report of the General Services Administration entitled ‘Federal Real Property Profile’ and dated September 30, 2004, a State with a total population of less than 1,000,000 (as reported in that decennial census), a State with a median household income of less than $35,000 (as reported in that decennial census), a State with a fatality rate during 2002 on Interstate highways that is greater than one fatality for each 100,000,000 vehicle miles traveled on Interstate highways, or a State with an indexed, State motor fuels excise tax rate higher than 150 percent of the Federal motor fuels excise tax rate as of the date of enactment of the SAFETEA–LU, the greater of— ‘‘(i) the applicable percentage under subparagraph (A); or ‘‘(ii) the average percentage of the State’s share of total apportionments for the period of fiscal years 1998 through 2003 for the programs specified in paragraph (2). ‘‘(2) SPECIFIC PROGRAMS.—The programs referred to in paragraph (1)(B)(ii) are (as in effect on the day before the date of enactment of the SAFETEA–LU)— ‘‘(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 recreational trails program under section 206; ‘‘(F) the high priority projects program under section 117; ‘‘(G) the minimum guarantee provided under this section; ‘‘(H) revenue aligned budget authority amounts provided under section 110; ‘‘(I) the congestion mitigation and air quality improvement program under section 149; ‘‘(J) the Appalachian development highway system program under subtitle IV of title 40; and ‘‘(K) metropolitan planning programs under section 104(f). ‘‘(c) SPECIAL RULES.— ‘‘(1) MINIMUM COMBINED ALLOCATION.—For each fiscal year, before making the allocations under subsection (a)(1), the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a combined total of amounts allocated under subsection (a)(1), apportionments for the programs specified in subsection (a)(2), and amounts allocated under this subsection, that is less than the following percentages of the average for fiscal years 1998 through 2003 of

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