101 STAT. 152
PUBLIC LAW 100-17—APR. 2, 1987 high occupancy vehicle and other lanes described in subparagraph (B)(i)(II) whether or not such State has met the requirements of clause (i) of subparagraph (C). Nothing in this subparagraph shall be construed to give construction of such lanes priority over projects described in subparagraph (B)(i)(I).
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"(E) LIMITATION O N SECRETARY'S DISCRETION.—If, w i t h i n
365 days after any sums become available for obligation under this paragraph, the Secretary does not make such sums available for first priority projects under subparagraph (B)(i) of this paragraph, the Secretary shall make such sums available for carrying out second and third priority projects under subparagraph (B). "(F) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.—
Sums made available pursuant to this paragraph shall remain available until expended.". 23 USC 118.
(b) SET ASIDE OF 4 R FUNDS FOR 4 R DISCRETIONARY PROJECTS.— Section 118(c) of such title is amended by inserting "SET ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—" after "(c), by inserting "(1) SET ASIDE FOR CONSTRUCTION PROJECTS.—" before "Before", and by
adding at the end thereof the following new paragraph: "(2) SET ASIDE FOR 4R PROJECTS.—Before any apportionment is
made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.".
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(c) LIMITATIONS ON STATES AND PROJECTS ELIGIBLE FOR 4 R DISCRE-
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TiONARY FUNDS.—Paragraph (3) of section 118(b) of such title is amended to read as follows: "(3) INTERSTATE 4R FUNDS.— "(A) PERIOD OF AVAILABILITY.—Any amount apportioned
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to a State for the Interstate System under section 104(b)(5)(B) of this title shall continue to be available for expenditure in the State for a period of 1 year after the close of the fiscal year for which such sums are authorized. "(B)
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DISCRETIONARY
PROJECTS.—Sums
not
obligated
within the time period prescribed by subparagraph (A) shall lapse and, subject to section 149(d) of the Federal-Aid High' • ' way Act of 1987, be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the 23 USC 139. Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title). Such funds shall be made available by the Secretary to any other State applying for such funds, if the Secretary determines that— "(i) the State has obligated all of its apportionments 23 USC 104. under section 104(b)(5)(B) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitatijri':"::-... •- j^g^ Qjrid reconstructing the Interstate System which has been submitted by such State to the Secretary for j-ar 'U:iV approval; and "(ii) the applicant is willing and able to (I) obligate . t is'> ^ylnm urn: the funds within 1 year of the date the funds are made l.j i • >;j:f.:. available, (II) apply them to a ready-to-commence
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