123STA T . 2 06PUBLIC LA W 111 –5—FE B.1 7, 200 9headingtofu ndthea w a r dando v er s ight by the A d m inistrator of grants made under this heading .FED E RALHIGHW A Y AD M I N I ST RATI O N HIGHWAY IN F RASTR UC TURE IN V ESTMENT For an additiona l amount for restoration , re p air, c onstruction and other activities eligible under paragraph ( b ) of section 13 3 of title 2 3, U nited S tates C ode, and for passenger and freight rail transportation and port infrastructure pro j ects eligible for assistance under subsection 60 1(a)( 8 ) of such title, $ 2 7 , 5 00,000,000, to remain available through September 30, 2010
- Provide
d ,T hat, after ma k ing the set - asides re q uired under this heading, 50 percent of the funds made available under this heading shall be apportioned to States using the formula set forth in section 10 4 (b)(3) of title 23, United States Code, and the remaining funds shall be appor- tioned to States in the same ratio as the obligation limitation for fiscal year 2008 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division K of P ublic L aw 110 – 161: Provided fu r th er, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That in selecting projects to be carried out with funds apportioned under this heading, priority shall be given to projects that are projected for completion within a 3-year time frame, and are located in economically distressed areas as defined by section 301 of the Public W orks and E conomic D evelopment Act of 1 9 65, as amended (42 U.S.C. 3161): Provided further, That 120 days following the date of such apportionment, the Secretary of Transportation shall withdraw from each State an amount equal to 50 percent of the funds awarded to that State (e x cluding funds suballocated within the State) less the amount of funding obligated (excluding funds suballocated within the State), and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this proviso in the manner described in section 120(c) of division K of Public Law 110–161: Provided further, That 1 year following the date of such apportionment, the Secretary shall with- draw from each recipient of funds apportioned under this heading any unobligated funds, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this proviso (excluding funds suballocated within the State) in the manner described in section 120(c) of division K of Public Law 110–161: Provided further, That at the request of a State, the Secretary of Transportation may provide an extension of such 1- year period only to the extent that he feels satisfied that the State has encountered extreme conditions that create an unwork- able bidding environment or other extenuating circumstances: Pro - vided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appro- priations that provides a thorough justification for the extension: Provided further, That 3 percent of the funds apportioned to a State under this heading shall be set aside for the purposes described in subsection 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005): Provided further, That 30 percent of the funds apportioned to a State under this heading shall be suballocated within the State in the manner and for the purposes described in the first sentence of subsection Submis si on.Ef f ect i v e da te. Effective date. D ead l ine.
