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7/18/2002
TEA-21 Users Guide - 1310

BACK

SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

    (a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 109 the following:

``Sec. 110. Uniform transferability of Federal-aid highway funds

    ``(a) General Rule.--Notwithstanding any other provision of law but
subject to subsections (b) and (c), if at least 50 percent of a State's
apportionment under section 104 or 144 for a fiscal year or at least 50
percent of the funds set-aside under section 133(d) from the State's
apportionment section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such fiscal
year, then the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such State
under section 104 or 144 for such fiscal year.
    ``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last sentence of
section 133(d)(1) or to section 104(f) or to section 133(d)(3). The
maximum amount that a State may transfer under this section of the
State's set-aside under section 133(d)(1) or 133(d)(2) for a fiscal
year may not exceed 25 percent of (1) the amount of such set-aside,
less (2) the amount of the State's set-aside under such section for
fiscal year 1997.
    ``(c) Application to Certain CMAQ Funds.--The maximum amount that a
State may transfer under this section of the State's apportionment
under section 104(b)(2) for a fiscal year may not exceed 50 percent of
(1) the amount of such apportionment, less (2) the amount that the
State's apportionment under section 104(b)(2) for such fiscal year
would have been had the program been funded at $1,350,000,000. Any such
funds apportioned under section 104(b)(2) and transferred under this
section may only be obligated in geographic areas eligible for the
obligation of funds apportioned under section 104(b)(2).''.
    (b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by inserting after the item relating to section 109 the
following:

``110. Uniform transferability of Federal-aid highway funds.''.

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