Page:United States Statutes at Large Volume 123.djvu/944

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123STA T .9 2 4PUBLIC LA W 111 –8—M A R .11 , 2 0 09 (RESCI SSI ON) ( H I G H WAYT R U ST F UN D ) Oftheunobliga te d balan c e s of funds a p po r tioned to each S tate under chapter 1 of title 23,U nited States C ode, $ 3,1 50 ,000,000 are per m anentl y rescinded

Provide

d, T hat such rescission shall not apply to the funds distributed in accordance w ith sections 130 ( f ) and 10 4 (b)(5) of title 23, United States Code

sections 133(d)(1) and 1 6 3 of such title, as in effect on the day before the date of enactment of P ublic L aw 10 9– 59; and the first sentence of section 133(d)(3)( A ) of such title: Provided fu r th er , That notwith - standing section 1132 of Public Law 110–140, in administering the rescission re q uired under this heading, the Secretary of Transportation shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies . A P PA L ACHIAN DE V ELOP M ENT HIGHWAY SYSTEM F or necessary e x penses for W est V irginia corridor H of the Appalachian D e v elopment Highway System as authori z ed under section 1069(y) of Public Law 102–240, as amended, $9,500,000, to remain available until expended. DENALI ACCESS SYSTEM PROGRAM For necessary expenses for the Denali Access System Program as authorized under section 1960 of Public Law 109–59, $5, 7 00,000, to remain available until expended. ADMINISTRATIVE PROVISIONS — FEDERAL HIGHWAY ADMINISTRATION (INCLUDING RESCISSIONS) SEC. 120. (a) For fiscal year 2009, the Secretary of Transpor- tation shall— (1) not distribute from the obligation limitation for Federal- aid highways amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; programs funded from the administrative ta k edown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of the Safe, Accountable, Flexible, E fficient Transportation Equity Act: A Legacy for Users); the highway use tax evasion program; and the B ureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated bal- ance of amounts made available from the Highway Trust Fund (other than the M ass Transit Account) for Federal-aid highways and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary; (3) determine the ratio that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under para- graphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated 23USC104note.