118 STAT. 3209 PUBLIC LAW 108–447—DEC. 8, 2004 FEDERAL AID HIGHWAYS EMERGENCY RELIEF PROGRAM (INCLUDING RECISSION) (HIGHWAY TRUST FUND) For an additional amount for the ‘‘Emergency Relief Program’’ as authorized under section 125 of title 23, United States Code, $741,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That of the unobligated balances of funds apportioned to each State under chapter 1 of title 23, United States Code, $741,000,000 are rescinded: Provided further, That such rescission shall not apply to the funds distributed in accordance with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to the program authorized under section 163 of title 23, United States Code. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM For necessary expenses for the Appalachian Development High way System as authorized under section 1069(y) of Public Law 102–240, as amended, $80,000,000, to remain available until expended. GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION SEC. 110. (a) For fiscal year 2005, the Secretary of Transpor tation shall— (1) not distribute from the obligation limitation for Federal aid highways amounts authorized for administrative expenses and programs funded from the administrative takedown author ized by section 104(a)(1)(A) of title 23, United States Code, for the highway use tax evasion program, for the Bureau of Transportation Statistics, and for the programs, projects, and activities funded from the takedown authorized by section 117 of this Act; (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 Mass Transit Account) for Federal aid highways and highway safety programs for the prior 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 for sections set forth in paragraphs (1) through (7) of sub section (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; 23 USC 104 note.
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