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7/18/2002
TEA-21 Users Guide - 1103(b)

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(b) Apportionments.--Section 104(b) of such title is amended to
read as follows:
    ``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States
in the following manner:
        ``(1) National highway system component.--
            ``(A) In general.--For the National Highway System
        (excluding funds apportioned under paragraph (4)), $36,400,000
        for each fiscal year to the Virgin Islands, Guam, American
        Samoa, and the Commonwealth of Northern Mariana Islands,
        $18,800,000 for each of fiscal years 1999 through 2003 for the
        Alaska Highway, and the remainder apportioned as follows:
                ``(i) 25 percent in the ratio that--

                    ``(I) the total lane miles of principal arterial
                routes (excluding Interstate System routes) in each
                State; bears to
                    ``(II) the total lane miles of principal arterial
                routes (excluding Interstate System routes) in all
                States.

                ``(ii) 35 percent in the ratio that--

                    ``(I) the total vehicle miles traveled on lanes on
                principal arterial routes (excluding Interstate System
                routes) in each State; bears to
                    ``(II) the total vehicle miles traveled on lanes on
                principal arterial routes (excluding Interstate System
                routes) in all States.

                ``(iii) 30 percent in the ratio that--

                    ``(I) the total diesel fuel used on highways in
                each State; bears to
                    ``(II) the total diesel fuel used on highways in
                all States.

                ``(iv) 10 percent in the ratio that--

                    ``(I) the quotient obtained by dividing the total
                lane miles on principal arterial highways in each State
                by the total population of the State; bears to
                    ``(II) the quotient obtained by dividing the total
                lane miles on principal arterial highways in all States
                by the total population of all States.

            ``(B) Minimum apportionment.--Notwithstanding subparagraph
        (A) and paragraph (4), each State shall receive a minimum of
        \1/2\ of 1 percent of the funds apportioned under subparagraph
        (A) and paragraph (4).
        ``(2) Congestion mitigation and air quality improvement
    program.--
            ``(A) In general.--For the congestion mitigation and air
        quality improvement program, in the ratio that--
                ``(i) the total of all weighted nonattainment and
            maintenance area populations in each State; bears to
                ``(ii) the total of all weighted nonattainment and
            maintenance area populations in all States.
            ``(B) Calculation of weighted nonattainment and maintenance
        area population.--Subject to subparagraph (C), for the purpose
        of subparagraph (A), the weighted nonattainment and maintenance
        area population shall be calculated by multiplying the
        population of each area in a State that was a nonattainment
        area or maintenance area as described in section 149(b) for
        ozone or carbon monoxide by a factor of--
                ``(i) 0.8 if--

                    ``(I) at the time of the apportionment, the area is
                a maintenance area; or
                    ``(II) at the time of the apportionment, the area
                is classified as a submarginal ozone nonattainment area
                under the Clean Air Act (42 U.S.C. 7401 et seq.);

                ``(ii) 1.0 if, at the time of the apportionment, the
            area is classified as a marginal ozone nonattainment area
            under subpart 2 of part D of title I of the Clean Air Act
            (42 U.S.C. 7511 et seq.);
                ``(iii) 1.1 if, at the time of the apportionment, the
            area is classified as a moderate ozone nonattainment area
            under such subpart;
                ``(iv) 1.2 if, at the time of the apportionment, the
            area is classified as a serious ozone nonattainment area
            under such subpart;
                ``(v) 1.3 if, at the time of the apportionment, the
            area is classified as a severe ozone nonattainment area
            under such subpart;
                ``(vi) 1.4 if, at the time of the apportionment, the
            area is classified as an extreme ozone nonattainment area
            under such subpart; or
                ``(vii) 1.0 if, at the time of the apportionment, the
            area is not a nonattainment or maintenance area as
            described in section 149(b) for ozone, but is classified
            under subpart 3 of part D of title I of such Act (42 U.S.C.
            7512 et seq.) as a nonattainment area described in section
            149(b) for carbon monoxide.
            ``(C) Additional adjustment for carbon monoxide areas.--
                ``(i) Carbon monoxide nonattainment areas.--If, in
            addition to being classified as a nonattainment or
            maintenance area for ozone, the area was also classified
            under subpart 3 of part D of title I of such Act (42 U.S.C.
            7512 et seq.) as a nonattainment area described in section
            149(b) for carbon monoxide, the weighted nonattainment or
            maintenance area population of the area, as determined
            under clauses (i) through (vi) of subparagraph (B), shall
            be further multiplied by a factor of 1.2.
                ``(ii) Carbon monoxide maintenance areas.--If, in
            addition to being classified as a nonattainment or
            maintenance area for ozone, the area was at one time also
            classified under subpart 3 of part D of title I of such Act
            (42 U.S.C. 7512 et seq.) as a nonattainment area described
            in section 149(b) for carbon monoxide but has been
            redesignated as a maintenance area, the weighted
            nonattainment or maintenance area population of the area,
            as determined under clauses (i) through (vi) of
            subparagraph (B), shall be further multiplied by a factor
            of 1.1.
            ``(D) Minimum apportionment.--Notwithstanding any other
        provision of this paragraph, each State shall receive a minimum
        of \1/2\ of 1 percent of the funds apportioned under this
        paragraph.
            ``(E) Determinations of population.--In determining
        population figures for the purposes of this paragraph, the
        Secretary shall use the latest available annual estimates
        prepared by the Secretary of Commerce.
        ``(3) Surface transportation program.--
            ``(A) In general.--For the surface transportation program,
        in accordance with the following formula:
                ``(i) 25 percent of the apportionments in the ratio
            that--

                    ``(I) the total lane miles of Federal-aid highways
                in each State; bears to
                    ``(II) the total lane miles of Federal-aid highways
                in all States.

                ``(ii) 40 percent of the apportionments in the ratio
            that--

                    ``(I) the total vehicle miles traveled on lanes on
                Federal-aid highways in each State; bears to
                    ``(II) the total vehicle miles traveled on lanes on
                Federal-aid highways in all States.

                ``(iii) 35 percent of the apportionments in the ratio
            that--

                    ``(I) the estimated tax payments attributable to
                highway users in each State paid into the Highway Trust
                Fund (other than the Mass Transit Account) in the
                latest fiscal year for which data are available; bears
                to
                    ``(II) the estimated tax payments attributable to
                highway users in all States paid into the Highway Trust
                Fund (other than the Mass Transit Account) in the
                latest fiscal year for which data are available.

            ``(B) Minimum apportionment.--Notwithstanding subparagraph
        (A), each State shall receive a minimum of \1/2\ of 1 percent
        of the funds apportioned under this paragraph.
        ``(4) Interstate maintenance component.--For resurfacing,
    restoring, rehabilitating, and reconstructing the Interstate
    System--
            ``(A) 33\1/3\ percent in the ratio that--
                ``(i) the total lane miles on Interstate System routes
            open to traffic in each State; bears to
                ``(ii) the total of all such lane miles in all States;
            ``(B) 33\1/3\ percent in the ratio that--
                ``(i) the total vehicle miles traveled on lanes on
            Interstate System routes designated under--

                    ``(I) section 103;
                    ``(II) section 139(a) (as in effect on the day
                before the date of enactment of the Transportation
                Equity Act for the 21st Century) before March 9, 1984
                (other than routes on toll roads not subject to a
                Secretarial agreement under section 105 of the Federal-
                Aid Highway Act of 1978 (92 Stat. 2692)); and
                    ``(III) section 139(c) (as in effect on the day
                before the date of enactment of the Transportation
                Equity Act for the 21st Century);

            in each State; bears to
                ``(ii) the total of all such vehicle miles traveled in
            all States; and
            ``(C) 33\1/3\ percent in the ratio that--
                ``(i) the total of each State's annual contributions to
            the Highway Trust Fund (other than the Mass Transit
            Account) attributable to commercial vehicles; bears to
                ``(ii) the total of such annual contributions by all
            States.

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