§105. Minimum guarantee

(a) General Rule.-For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that each State's percentage of the total apportionments for such fiscal year of Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation, metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs shall equal the percentage listed for each State in subsection (b). The minimum amount allocated to a State under this section for a fiscal year shall be $1,000,000.

(b) State Percentages.-The percentage for each State referred to in subsection (a) shall be determined in accordance with the following table:

States:	Percentage
Alabama	2.0269
Alaska	1.1915
Arizona	1.5581
Arkansas	1.3214
California	9.1962
Colorado	1.1673
Connecticut	1.5186
Delaware	0.4424
District of Columbia	0.3956
Florida	4.6176
Georgia	3.5104
Hawaii	0.5177
Idaho	0.7718
Illinois	3.3819
Indiana	2.3588
Iowa	1.2020
Kansas	1.1717
Kentucky	1.7365
Louisiana	1.5900
Maine	0.5263
Maryland	1.5087
Massachusetts	1.8638
Michigan	3.1535
Minnesota	1.4993
Mississippi	1.2186
Missouri	2.3615
Montana	0.9929
Nebraska	0.7768
Nevada	0.7248
New Hampshire	0.5163
New Jersey	2.5816
New Mexico	0.9884
New York	5.1628
North Carolina	2.8298
North Dakota	0.6553
Ohio	3.4257
Oklahoma	1.5419
Oregon	1.2183
Pennsylvania	4.9887
Rhode Island	0.5958
South Carolina	1.5910
South Dakota	0.7149
Tennessee	2.2646
Texas	7.2131
Utah	0.7831
Vermont	0.4573
Virginia	2.5627
Washington	1.7875
West Virginia	1.1319
Wisconsin	1.9916
Wyoming	0.6951

(c) Treatment of Funds.-

(1) Programmatic distribution.-The Secretary shall apportion the amounts made available under this section that exceed $2,800,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subsection (a) (other than metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that-

(A) the amount of funds apportioned to each State for each program referred to in subsection (a) (other than metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs) for a fiscal year; bears to

(B) the total amount of funds apportioned to each State for such program for such fiscal year.

(2) Remaining distribution.-The Secretary shall administer the remainder of funds made available under this section to the States in accordance with section 104(b)(3); except that requirements of paragraphs (1), (2), and (3) of section 133(d) shall not apply to amounts administered pursuant to this paragraph.

(d) Authorization.-There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for each of fiscal years 1998 through 2003.

(e) Special Rule.-If in any of fiscal years 1999 through 2003, the amount authorized under subsection (d) is more than 30 percent higher than the amount authorized under subsection (d) in fiscal year 1998, the Secretary shall use the apportionment factors under sections 104 and 144 as in effect on the date of enactment of this section.

(f) Guarantee of 90.5 Return.-

(1) In general.-Before making any apportionment under this title for each of fiscal years 1999 through 2003, the Secretary, subject to paragraph (2), shall adjust the percentages in the table in subsection (b) to reflect the estimated percentage of estimated tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data is available, to ensure that no State's percentage return from such Trust Fund is less than 90.5 percent.

(2) Eligibility threshold for initial adjustment.-The Secretary may make an adjustment under paragraph (1) for a State for a fiscal year only if the State's percentage return from the Highway Trust Fund (other than the Mass Transit Account) in the table in subsection (b) was equal to 90.5 percent.

(3) Conforming adjustments.-After making any adjustments under paragraph (1) for a fiscal year, the Secretary shall proportionately adjust the remaining percentages in the table in subsection (b) to ensure that the total of the percentages in the table is equal to 100 percent for such fiscal year.

(4) Limitation on adjustments.-After making any adjustments under paragraph (3) for a fiscal year, the Secretary shall determine whether or not any State's percentage return from the Highway Trust Fund (other than the Mass Transit Account) is less than 90.5 percent as a result of such adjustments and shall adjust the percentages in the table for such fiscal year accordingly. Adjustments of the percentages in the table under this paragraph may not result in the total of such percentages exceeding 100 percent.

( Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 891 ; Pub. L. 86–624, §17(b), July 12, 1960, 74 Stat. 415 ; Pub. L. 89–564, title II, §206, Sept. 9, 1966, 80 Stat. 736 ; Pub. L. 91–605, title I, §§106(d), 132, Dec. 31, 1970, 84 Stat. 1717 , 1732; Pub. L. 93–87, title I, §109(b), Aug. 13, 1973, 87 Stat. 255 ; Pub. L. 95–599, title I, §§111, 112, Nov. 6, 1978, 92 Stat. 2696 ; Pub. L. 97–424, title I, §109(a), Jan. 6, 1983, 96 Stat. 2104 ; Pub. L. 102–240, title I, §1105(g)(7), Dec. 18, 1991, 105 Stat. 2036 ; Pub. L. 105–178, title I, §1104(a), (c), June 9, 1998, 112 Stat. 127 ; Pub. L. 105–206, title IX, §9002(d), July 22, 1998, 112 Stat. 835 .)

References in Text

The date of enactment of this section, referred to in subsec. (e), probably means the date of enactment of Pub. L. 105–178, which amended this section generally and was approved June 9, 1998.

Amendments

1998-Pub. L. 105–178 amended section catchline and text generally, substituting provisions relating to minimum guarantee to each State of funds apportioned under chapter for provisions relating to programs to be submitted by State highway departments for approval by Secretary for utilization of funds apportioned under chapter.

Subsec. (a). Pub. L. 105–178, §1104(c)(1), as added by Pub. L. 105–206, §9002(d), inserted at end "The minimum amount allocated to a State under this section for a fiscal year shall be $1,000,000."

Subsec. (c)(1). Pub. L. 105–178, §1104(c)(2), as added by Pub. L. 105–206, §9002(d), struck out "50 percent of" after "shall apportion" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 105–178, §1104(c)(3), as added by Pub. L. 105–206, §9002(d), inserted "(other than metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs)" after "subsection (a)".

Subsec. (c)(1)(B). Pub. L. 105–178, §1104(c)(4), as added by Pub. L. 105–206, §9002(d), substituted "each State" for "all States".

Subsec. (c)(2). Pub. L. 105–178, §1104(c)(5), as added by Pub. L. 105–206, §9002(d), substituted "administer" for "apportion" and "administered" for "apportioned".

Subsec. (f)(1). Pub. L. 105–178, §1104(c)(6)(A), as added by Pub. L. 105–206, §9002(d), inserted "percentage" before "return".

Subsec. (f)(2). Pub. L. 105–178, §1104(c)(6)(A), (B), as added by Pub. L. 105–206, §9002(d), inserted "percentage" before "return" and substituted "in the table in subsection (b) was equal to" for "for the preceding fiscal year was equal to or less than".

Subsec. (f)(3). Pub. L. 105–178, §1104(c)(6)(C), as added by Pub. L. 105–206, §9002(d), inserted "proportionately" before "adjust", struck out "set forth" before "in subsection (b)", and substituted "is equal to" for "do not exceed".

Subsec. (f)(4). Pub. L. 105–178, §1104(c)(6)(A), as added by Pub. L. 105–206, §9002(d), inserted "percentage" before "return".

1991-Subsec. (k). Pub. L. 102–240 added subsec. (k).

1983-Subsec. (h). Pub. L. 97–424 added subsec. (h).

1978-Subsec. (b). Pub. L. 95–599, §111, inserted provision relating to selection of program projects after consultation with local officials in situations where public roads and highways are under control and supervision of State highway departments.

Subsec. (g). Pub. L. 95–599, §112, substituted "public airports, public ports for water transportation, new town communities, and new town-intown communities," for "public airports and public ports for water transportation,".

1973-Subsec. (d). Pub. L. 93–87 substituted "projects be selected by the appropriate local officials with the concurrence of the State highway department of each State and, in urbanized areas, also in accordance with the planning process required pursuant to section 134 of this title", for "projects be selected by the appropriate local officials and the State highway department in cooperation with each other".

1970-Subsecs. (d) to (f). Pub. L. 91–605, §106(d), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

Subsec. (g). Pub. L. 91–605, §132, added subsec. (g).

1966-Subsec. (e). Pub. L. 89–564 added subsec. (e).

1960-Subsec. (e). Pub. L. 86–624 repealed subsec. (e) which required the Secretary, in approving programs in Hawaii, to give preference to such projects as will expedite the completion of highways for the national defense or which will connect seaports with units of the national parks.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.

Acceleration of Projects

Section 129 of Pub. L. 97–424 provided that: "The Secretary of Transportation shall by rule or regulation establish, as soon as practicable, alternative methods for processing projects under title 23, United States Code, so as to reduce the time required from the request for project approval through the completion of construction. In carrying out this section the Secretary shall utilize the knowledge and experience resulting from the demonstration project authorized by and carried out under section 141 of the Federal-Aid Highway Act of 1976 [ Pub. L. 94–280, title I, §141, May 5, 1976, 90 Stat. 444 , set out as a note under section 124 of this title]."

Section Referred to in Other Sections

This section is referred to in sections 104, 117, 131, 140, 150 of this title.