made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1975. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making the apportionment for the fiscal year ending September 30, 1977. The Secretary shall make the apportionment for the fiscal year ending September 30, 1978, in accordance with section 103 of the Federal-Aid Highway Act of 1976. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days. subsequent to January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1979, and September 30, 1980. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1979. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1981, and September 30, 1982. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1981. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1983, and September 30, 1984. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1983. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1985, and September 30, 1986. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1985. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1987,

and September 30, 1988. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1987. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1989, and September 30, 1990. Whenever the Secretary, pursuant to this subsection, requests and receives estimates of cost from the State highway departments, he shall furnish copies of such estimates at the same time to the Senate and the House of Representatives. The Secretary shall not include in any estimate submitted under this provision after December 31, 1978, any cost of a project to expand or clear zones immediately adjacent to the paved roadway or routes designed prior to February, 1967. Notwithstanding any other provisions of this subparagraph, the Secretary in making the revised estimate of the cost of completing the then designated Interstate System for the purpose of transmitting it to the Senate and House of Representatives within ten days subsequent to January 2, 1983, or thereafter, shall include only those costs eligible for funds authorized by subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, including the amendments made by section 4 of the Federal-Aid Highway Act of 1981. 76

(B) For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System:

55 per centum in the ratio that lane miles on the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 45 per centum in the ratio that vehicle miles traveled on lanes on

76 Approval of cost estimate as a basis for making I.S. apportionments for fiscal years ending June 30, 1960, 1961, and 1962, by sec. 8 of Public Law 85-381, Apr. 16, 1958 (72 Stat. 89); sec. 1 of Public Law 85-899, Sept. 2, 1958 (72 Stat. 89); sec. 1 of Public Law 85-899, Sept. 2, 1958 (72 Stat. 1725); and sec. 103 of Public Law 86-342, Sept. 21, 1959 (73 Stat. 611); for fiscal years ending June 30, 1963, 1964, 1965, and 1966, by sec. 102 of Public Law 87-61, June 29, 1961 (75 Stat. 122); for fiscal year ending June 30, 1967, by sec. 2 of Public Law 89-139, Oct. 22, 1965 (79 Stat. 578); for fiscal years ending June 30, 1968 and 1969, by sec. 3 of Public Law 89-574, Sept. 13, 1966 (80 Stat. 766); for fiscal years ending June 30, 1970 and 1971, by sec. 3 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); for fiscal years ending June 30, 1972, and June 30, 1973, by sec. 103 of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); fiscal years ending June 30, 1974, June 30, 1975 and June 30, 1976, by sec. 103 of Public Law 93-87, Aug. 13, 1973, (87 Stat. 250); sec. 104(b)(15)(A) was amended by sec. 8(g) of Public Law 86-657, July 14, 1960 (74 Stat. 522); sec. 3 (a) and (b) of Public Law 88-157, Oct. 24, 1963 (77 Stat. 276); sec. 4(a) of Public Law 88-423, Aug. 13, 1964 (78 Stat. 397); sec. 4(b) of Public Law 89-574, Sept. 13, 1966 (80 Stat. 767); sec. 4(b) of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); sec. 104(b) (1) and (2) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); sec. 106(b) of Public Law 93-87; Aug. 13, 1973 (87 Stat. 254); secs. 106(b), 107(b) (1) and (2) of Public Law 94-280, May 5, 1976 (90 Stat. 429-431); sec. 108, Public Law 95-599. Nov. 6, 1978 (92 Stat. 2695); and sec. 4(c) of Public Law 97-134, Dec. 29, 1981 (95 Stat. 1699).

the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such vehicle miles in all States. Notwithstanding the preceding sentence, no State excluding any State that has no interstate lane miles shall receive less than one-half of 1 per centum of the total apportionment made by this subparagraph for any fiscal year. (6) For the Federal-aid urban system:

76a

In the ratio which the population in urban areas, or parts thereof, in each State bears to the total population in such urban areas, or parts thereof, in all the States as shown by the latest available Federal census.

No State shall receive less than one-half of 1 per centum of each year's apportionment. 77

(c)(1) Subject to subsection (d), the amount apportioned in any fiscal year, commencing with the apportionment of funds authorized to be appropriated under subsection (a) of section 102 of the Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in accordance with paragraph (1) or (2) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such a transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest.

(2) Subject to subsection (d), the amount apportioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of two hundred thousand population or more under section 150 of this title, without the approval of the local officials of such urbanized area. 77a

(d) Each transfer of apportionments under subsection (c) of this section shall be subject to the following conditions:

(1) In the case of the transfers under paragraph (1), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal

76a Added by sec. 106(b) of Public Law 94-280, May 5, 1976 (90 Stat. 429-430); amended by sec. 116(b), Public Law 95-599, Nov. 6, 1978 (92 Stat. 2699); and sec. 5, Public Law 97-134, Dec. 29, 1981 (95 Stat 1699).

77 Added by sec. 111(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 257); amended by sec. 113(a) of Public Law 94-280, May 5, 1976 (90 Stat. 435), and sec. 109(a), (b), Public Law 95-599, Nov. 6, 1978 (92 Stat. 2696).

7 Amended by sec. 113(a) of Public Law 94-280, May 5, 1976 (90 Stat. 435).

year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.

(2) In the case of transfers under paragraph (2), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.

(3) No transfer shall be made from an apportionment during any fiscal year if during such fiscal year a transfer has been made to such apportionment.

(4) No transfer shall be made to an apportionment during any fiscal year if during such fiscal year a transfer has been made from such apportionment. 78

(e) On October 1 of each fiscal year the Secretary shall certify to each of the State highway departments the sums which he has apportioned hereunder (other than under subsection (b)(5) of this section) to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. On October 1 of the year preceding the fiscal year for which authorized, the Secretary shall certify to each of the State highway departments the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. To permit the States to develop adequate plans for the utilization of apportioned sums, the Secretary shall advise each State of the amount that will be apportioned each year under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are authorized, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds. 78

(f)(1) On October 1 of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title except that in the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 per centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such System.

78b

78 Added by sec. 111(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 257); amended by sec. 113(a) of Public Law 94-280, May 5, 1976 (90 Stat. 435), and sec. 109(a), (b), Public Law 95-599, Nov. 6, 1978 (92 Stat. 2696).

78 Amended by sec. 112(d) of Public Law 94–280, May 5, 1976 (90 Stat. 434). 7 Amended by sec. 112(e) of Public Law 94-280, May 5, 1976 (90 Stat. 434).

(2) These funds shall be apportioned to the States in the ratio which the population in urbanized areas or parts thereof, in each State bears to the total population in such urbanized areas in all the States as shown by the latest available census, except that no State shall receive less than one-half per centum of the amount apportioned.

(3) The funds apportioned to any State under paragraph (2) of this subsection shall be made available by the State to the metropolitan planning organizations designated by the State as being responsible for carrying out the provisions of section 134 of this title, except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas. These funds shall be matched in accordance with section 120 of this title unless the Secretary determines that the interests of the Federal-aid highway program will be best served without such matching.

78c

(4) The distribution within any State of the planning funds made available to agencies under paragraph (3) of this subsection shall be in accordance with a formula developed by each State and approved by the Secretary which shall consider but not necessarily be limited to, population, status of planning, and metropolitan area transportation needs. 79

(g) Not more than 40 per centum of the amount apportioned in any fiscal year to each State in accordance with sections 144, 152, and 153 of this title, or section 203(d) of the Highway Safety Act of 1973, may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a transfer is requested by the State highway department and is approved by the Secretary as being in the public interest. The Secretary may approve the transfer of 100 per centum of the apportionment under one such section to the apportionment under any other of such sections if such transfer is requested by the State highway department, and is approved by the Secretary as being in the public interest, if he has received satisfactory assurances from such State highway department that the purposes of the program from which such funds are to be transferred have been met. All or any part of the funds apportioned in any fiscal year to a State in accordance with section 203(d) of the Highway Safety Act of 1973 from funds authorized in section 203(c) of such Act, may be transferred from that apportionment to the apportionment made under section 219 of this title if such transfer is requested by the State highway department and is approved by the Secretary after he has received satisfactory assurances from such department that the purposes of such section 203 have been met. Nothing in this subsection authorizes the transfer of any amount apportioned from the Highway Trust

78 Amended by sec. 112(f) of Public Law 94–280, May 5, 1976 (90 Stat. 434). 79 Amended by sec. 112 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 257).