23 U.S.C. § 104 Apportionment

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 23 U.S.C. § 104

(a) ADMINISTRATIVE EXPENSES.-

(1) IN GENERAL.-There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration-

(A) $490,964,697 for fiscal year 2022;

(B) $500,783,991 for fiscal year 2023;

(C) $510,799,671 for fiscal year 2024;

(D) $521,015,664 for fiscal year 2025; and

(E) $531,435,977 for fiscal year 2026.

(2) PURPOSES.-The amounts authorized to be appropriated by this subsection shall be used-

(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;

(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and

(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.

(3) AVAILABILITY.-The amounts made available under paragraph (1) shall remain available until expended.

(b) DIVISION AMONG PROGRAMS OF STATE'S SHARE OF BASE APPORTIONMENT.-The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 as follows:

(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.-For the national highway performance program, 59.0771195921461 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(2) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.-For the surface transportation block grant program, 28.7402203421251 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.-For the highway safety improvement program, 6.70605141316253 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.-

(A) IN GENERAL.-For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

(B) TOTAL AMOUNT.-The total amount for the congestion mitigation and air quality improvement program for all States shall be-

(i) $2,536,490,803 for fiscal year 2022;

(ii) $2,587,220,620 for fiscal year 2023;

(iii) $2,638,965,032 for fiscal year 2024;

(iv) $2,691,744,332 for fiscal year 2025; and

(v) $2,745,579,213 for fiscal year 2026.

(C) STATE SHARE.-For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that-

(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

(ii) the total amount of funds apportioned to all States for that program for fiscal year 2020.

(5) NATIONAL HIGHWAY FREIGHT PROGRAM.-

(A) IN GENERAL.-For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).

(B) TOTAL AMOUNT.-The total amount set aside for the national highway freight program for all States shall be-

(i) $1,373,932,519 for fiscal year 2022;

(ii) $1,401,411,169 for fiscal year 2023;

(iii) $1,429,439,392 for fiscal year 2024;

(iv) $1,458,028,180 for fiscal year 2025; and

(v) $1,487,188,740 for fiscal year 2026.

(C) STATE SHARE.-For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that-

(i) the total base apportionment determined for the State under subsection (c); bears to

(ii) the total base apportionments for all States under subsection (c).

(6) METROPOLITAN PLANNING.-

(A) IN GENERAL.-To carry out section 134, an amount determined for the State under subparagraphs (B) and (C).

(B) TOTAL AMOUNT.-The total amount for metropolitan planning for all States shall be-

(i) $438,121,139 for fiscal year 2022;

(ii) $446,883,562 for fiscal year 2023;

(iii) $455,821,233 for fiscal year 2024;

(iv) $464,937,657 for fiscal year 2025; and

(v) $474,236,409 for fiscal year 2026.

(C) STATE SHARE.-For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that-

(i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to

(ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020.

(7) CARBON REDUCTION PROGRAM.-For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(8) PROTECT FORMULA PROGRAM.-To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

(c) CALCULATION OF AMOUNTS.-

(1) STATE SHARE.-For fiscal year 2022 and each fiscal year thereafter, the amount for each State shall be determined as follows:

(A) INITIAL AMOUNTS.-The initial amounts for each State shall be determined by multiplying-

(i) the base apportionment; by

(ii) the share for each State, which shall be equal to the proportion that-

(I) the amount of apportionments that the State received for fiscal year 2021; bears to

(II) the amount of those apportionments received by all States for that fiscal year.

(B) GUARANTEED AMOUNTS.-The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is-

(i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are-

(I) attributable to highway users in the State; and

(II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date;

(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and

(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year.

(2) STATE APPORTIONMENT.-On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1).

(d) METROPOLITAN PLANNING.-

(1) USE OF AMOUNTS.-

(A) USE.-

(i) IN GENERAL.-Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.

(ii) STATES RECEIVING MINIMUM APPORTIONMENT.-A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning outside of urbanized areas.

(B) UNUSED FUNDS.-Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.

(2) DISTRIBUTION OF AMOUNTS WITHIN STATES.-

(A) IN GENERAL.-The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that-

(i) is developed by each State and approved by the Secretary; and

(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.

(B) REIMBURSEMENT.-Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.

(3) DETERMINATION OF POPULATION FIGURES.-For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code.

(e) CERTIFICATION OF APPORTIONMENTS.-

(1) IN GENERAL.-The Secretary shall-

(A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and