123STA T . 3 046PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9UnitedS t a te sCo de ( ot h e r than to p ro g ra m sto w hi c h para - graphs ( 1) and ( 4 ) app ly ) ,b ym u ltiplying the ratio determined under paragraph ( 3 ) by the amounts authori z ed to be appro- priated f or each such program for such fiscal year
and ( 6 ) distribute the obligation limitation pro v ided for F ederal- 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 amounts apportioned for the e q uity bonus program, but only to the e x tent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $ 2,63 9 , 0 00,000, and the A ppa- lachian development highway system program) that are appor- tioned by the Secretary under the Safe, Accountable, Flexible, E fficient T ransportation Equity Act
A L egacy for Users and title 23, United States Code, in the ratio that — (A) amounts authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to ( B ) the total of the amounts authorized to be appro- priated for such programs that are apportioned to all States for such fiscal year . (b) E XCEPTIONS F R O MOBL I GA TION 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 14 7 of the Surface Transportation Assistance Act of 197 8
(3) under section 9 of the Federal-Aid H ighway Act of 1981; (4) under subsections (b) and ( j ) of section 131 of the Surface Transpor- tation Assistance Act of 1982; (5) under subsections (b) and (c) of section 149 of the Surface Transportation and Uniform R elocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the I ntermodal 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, as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years; (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 the obligation authority has not lapsed or been used; (10) under section 105 of title 23, United States Code, but only in an amount equal to $639,000,000 for each of fiscal years 2005 through 2010; and (11) under section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation. (c) RE D ISTRIB U TION O F UNUSED OBLIGATION AUT H ORIT Y .— N ot- withstanding subsection (a), the Secretary shall, after August 1 of such fiscal year, revise a distribution of the obligation limitation made available under subsection (a) if the amount distributed cannot be obligated during that fiscal year and redistribute suffi- cient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving pri- ority to those States having large unobligated balances of funds Distr i bu ti onda t e.
