119 STAT. 1226
PUBLIC LAW 109–59—AUG. 10, 2005
‘‘(I) the number of fatalities on the Federalaid system in each State in the latest fiscal year for which data are available; bears to ‘‘(II) the number of fatalities on the Federalaid system in all States in the latest fiscal year for which data are available. ‘‘(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under this paragraph.’’. (d) ELIMINATION OF HAZARDS RELATING TO RAILWAY-HIGHWAY CROSSINGS.— (1) FUNDS FOR PROTECTIVE DEVICES.—Section 130(e) of such title is amended— (A) by striking ‘‘At’’ and inserting the following: ‘‘(1) IN GENERAL.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At’’; and (B) by adding at the end the following: ‘‘(2) SPECIAL RULE.—If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other purposes under this subsection.’’. (2) APPORTIONMENT.—Section 130(f) of such title is amended to read as follows: ‘‘(f) APPORTIONMENT.— ‘‘(1) FORMULA.—Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A), and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. ‘‘(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph (1), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under paragraph (1). ‘‘(3) FEDERAL SHARE.—The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 90 percent of the cost thereof.’’. (3) BIENNIAL REPORTS TO CONGRESS.—Section 130(g) of such title is amended in the third sentence— (A) by inserting ‘‘and the Committee on Commerce, Science, and Transportation,’’ after ‘‘Public Works’’; and (B) by striking ‘‘not later than April 1 of each year’’ and inserting ‘‘, not later than April 1, 2006, and every 2 years thereafter,’’. (4) EXPENDITURE OF FUNDS.—Section 130 of such title is amended by adding at the end the following: ‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).’’.
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