PUBLIC LAW 100-17—APR. 2, 1987 "(i) APPORTIONMENTS
BEFORE
OCTOBER
101 STAT. 151 i,
1989.—
Except as otherwise provided in this subsection, sums apportioned before October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until the end of the fiscal year for which authorized. Upon request of the State, the Secretary shall reduce the period of availability of such sums by 1 fiscal year. "(ii) APPORTIONMENTS THEREAFTER.—Sums apportioned on or after October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until expended. "(B)
DISCRETIONARY
PROJECTS.—Sums
not
obligated
within the time period prescribed by subparagraph (A)(i) shall lapse and, subject to section 149(d) of the Federal-Aid Highway Act of 1987, be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) 23 USC 104. in accordance with the following priorities: "(i) First, for— "(I) high cost projects which directly contribute to the completion of a segment of the Interstate System which is not open to traffic; and "(II) high cost projects for construction of high California. occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as a part of the Interstate System by section 140 of the Federal-Aid Highway Act of 1978 92 Stat. 2711. and the costs of construction of which are included in the interstate cost estimate for 1985. "(ii) Second, for projects of high cost in relation to a State's apportionment. "(iii) Third, for projects with respect to which the Secretary may make payments under section 115 of this title. "(C) LIMITATION ON STATES ELIGIBLE FOR DISCRETIONARY
FUNDS.—Sums may only be made available under this paragraph in any State in a fiscal year if— "(i)(I) the Secretary determines that the State has obligated all of its apportionments under section 104(b)(5)(A) of this title other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by the State to the Secretary for approval; or "(II) the State certifies to the Secretary that the State will obligate before August 1 of the fiscal year all of its apportionments under section 104(b)(5)(A) other than such an insufficient amount; and "(ii) the applicant for a project with respect to which the Secretary may not make payments under section 115 of this title is willing and able to— "(I) apply the funds to a ready-to-commence project, and "(II) in the case of construction work, begin work within 90 days of obligation. "(D) EXCEPTION TO LIMITATION.—The Secretary may make funds available to the State of California for construction of
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California.
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