Page:United States Statutes at Large Volume 112 Part 1.djvu/166

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112 STAT. 140 PUBLIC LAW 105-178—JUNE 9, 1998 "(i) REQUIRED AGGREGATE NON-FEDERAL SHARE. — The average annual non-Federal share of the total cost of all projects to carry out transportation enhancement activities in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b). " (ii) INNOVATIVE FINANCING.— Subject to clause (i), notwithstanding section 120— "(I) funds from other Federal agencies and the value of other contributions (as determined by the Secretary) may be credited toward the non- Federal share of the costs of a project to carry out a transportation enhancement activity; "(II) the non-Federal share for such a project may be calculated on a project, multiple-project, or program basis; and "(III) the Federal share of the cost of an individual project to which subclause (I) or (II) applies may be up to 100 percent.". 23 USC 133. (c) PROGRAM APPROVAL.— Section 133(e) of such title is amended by striking paragraph (2) and inserting the following: "(2) PROGRAM APPROVAL. — "(A) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal year, each State shall submit a project agreement that^ Certification. "(i) certifies that the State will meet all the requirements of this section; and Notification. "(ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section. " (B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.— Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. "(C) EFFECT OF APPROVAL BY THE SECRETARY. — Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.". (d) PAYMENTS. —Section 133(e)(3)(A) of such title is amended by striking the second sentence. (e) SURFACE TRANSPORTATION PROGRAM OBLIGATIONS IN URBAN AREAS.— Section 133 of such title is amended to read as follows: "(f) OBLIGATION AUTHORITY. — "(1) IN GENERAL.—^A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under subsection (d) funds apportioned to the State under section 104(b)(3) shall make available during the period of fiscal years 1998 through 2000 and the period of fiscal years 2001 through 2003 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— "(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and "(B) the ratio that—