118 STAT. 3210 PUBLIC LAW 108–447—DEC. 8, 2004 (4) distribute the obligation limitation for Federal aid high ways less the aggregate amounts not distributed under para graphs (1) and (2) for section 201 of the Appalachian Regional Development Act of 1965 and $2,000,000,000 for such fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation limitation provided for Federal aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under para graph (4) for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activi ties to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and (6) distribute the obligation limitation provided for Federal aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under para graphs (4) and (5) for Federal aid highways and highway safety construction programs (other than the minimum guarantee pro gram, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that— (A) sums authorized to be appropriated for such pro grams that are apportioned to each State for such fiscal year, bear to (B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year. (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation limitation for Federal aid highways shall not apply to obligations: (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of the enactment of the Transportation Equity Act for the 21st Century; (8) under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year); and (9) for Federal aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century or subsequent public laws for multiple years or to remain available until used, but only to the extent that such obligation authority has not lapsed or been used. (c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not withstanding subsection (a), the Secretary shall after August 1
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