117 STAT. 1112
PUBLIC LAW 108–88—SEPT. 30, 2003 to any limitation on obligations; except that unobligated balances of contract authority from minimum guarantee and Appalachian development highway system apportionments for which obligation authority was made available until used shall not be included for purposes of calculating a State’s unobligated balance of apportionments for this clause; or 5⁄12 of the State’s total fiscal year 2003 obliga(ii) tion authority for funds apportioned for the Federalaid highway program; but (B) not greater than 75 percent of the State’s total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program. (2) LIMITATION ON AMOUNT.—The total of all allocations under paragraph (1) and allocations, for programs funded under sections 4, 5 (other than subsection (c)), and 6(a) of this Act, of obligation authority made available under an Act making appropriations for the Department of Transportation for fiscal year 2004 shall not exceed $14,101,250,000; except that this limitation shall not apply to $266,250,000 in obligations for minimum guarantee for the period of October 1, 2003, through February 29, 2004. (3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.—A State shall not obligate any funds for any Federal-aid highway program project after February 29, 2004, until the date of enactment of a multiyear law reauthorizing the Federal-aid highway program. (4) TREATMENT OF OBLIGATIONS.—Any obligation of an allocation of obligation authority made under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2004 for the purposes of the matter under the heading ‘‘(LIMITATION ON OBLIGATIONS)’’ under the heading ‘‘FEDERALAID HIGHWAYS’’ in an Act making appropriations for the Department of Transportation for fiscal year 2004.
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) IN GENERAL.—In addition to any other authority of a State to transfer funds, for fiscal year 2004, a State may transfer any funds apportioned to the State for any program under section 104(b) (including amounts apportioned under section 104(b)(3) or set aside, made available, or suballocated under section 133(d)) or section 144 of title 23, United States Code, before, on, or after the date of enactment of this Act, that are subject to any limitation on obligations, and that are not obligated, to any other of those programs. (b) TREATMENT OF TRANSFERRED FUNDS.—Any funds transferred to another program under subsection (a) shall be subject to the provisions of the program to which the funds are transferred, except that funds transferred to a program under section 133 (other than subsections (d)(1) and (d)(2)) of title 23, United States Code, shall not be subject to section 133(d) of that title. (c) RESTORATION OF APPORTIONMENTS.— (1) IN GENERAL.—As soon as practicable after the date of enactment of a law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act, the Secretary of Transportation shall restore any funds that a
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