PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 125 "(E) sub-State geographic area, including urbanized and rural areas, on the basis of the population of each such area.". (i) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— Section 104 of such title is amended by inserting after subsection (j) the follow- 23 USC 104. ing: "(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— "(1) TRANSFER OF HIGHWAY FUNDS. —Funds made available under this title and transferred for transit projects of a t3T)e described in section 133(b)(2) shall be administered by the Secretary in accordance with chapter 53 of title 49, except that the provisions of this title relating to the non-Federal share shall apply to the transferred funds. "(2) TRANSFER OF TRANSIT FUNDS. — Funds made available under chapter 53 of title 49 and transferred for highway projects shall be administered by the Secretary in accordance with this title, except that the provisions of such chapter relating to the non-Federal share shall apply to the transferred funds. " (3) TRANSFER OF OBLIGATION AUTHORITY.—O bligation authority provided for projects described in paragraphs (1) and (2) shall be transferred in the same manner and amount as the funds for the projects are transferred.". 0') EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY TRUST FUND. — Section 104 of such title is amended by adding at the end the following: " (1) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY TRUST FUND.— Notwithstanding any other provision of law, deposits into the Highway Trust Fund resulting from the application of section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into account in determining the apportionments and allocations that any State shall be entitled to receive under the Transportation Equity Act for the 21st Century and this title.", (k) TECHNICAL AMENDMENTS.— Section 104(0 of such title is amended— (1) by striking "(f)(1) On" and inserting the following: " (f) METROPOLITAN PLANNING.— "(1) SET-ASIDE. —On"; (2) in paragraph (1) by striking ", except that" and all that follows through "programs"; (3) by striking "(2) These" and inserting the following: "(2) APPORTIONMENT TO STATES OF SET-ASIDE FUNDS.— These"; (4) by striking "(3) The" and inserting the following: "(3) USE OF FUNDS.— The"; (5) by striking "(4) The" and inserting the following: "(4) DISTRIBUTION OF FUNDS WITHIN STATES.— The"; and (6) by aligning the remainder of the text of each of paragraphs (1) through (4) with paragraph (5). (1) CONFORMING AMENDMENTS.— (1) Section 146(a) of such title is amended in the first sentence by striking ", 104(b)(2), and 104(b)(6)" and inserting "and 104(b)(3)". (2) Section 158 of such title is amended— (A) in subsection (a)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;
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