7/18/2002
TEA-21 Users Guide - 1103(b)
BACK
(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.
BACK
The Surface Transportation Policy Project is a nationwide network of more than 800
organizations, including planners, community development organizations, and advocacy groups,
devoted to improving the nation’s transportation system.
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