Section 1102(h) of the SAFETEA–LU, referred to in subsec. (a)(2), is section 1102(h) of Pub. L. 109–59, which is set out as a note under section 104 of this title.

The SAFETEA–LU, referred to in subsecs. (a)(2) and (b)(1)(A), is Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1144, also known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. Title VIII of the Act amended sections 900 and 901 of Title 2, The Congress, and enacted provisions set out as a note under section 901 of Title 2. For complete classification of this Act to the Code, see Short Title of 2005 Amendments note set out under section 101 of this title and Tables.

Title III of Public Law 105–178, referred to in subsec. (f), is title III of Pub. L. 105–178, June 9, 1998, 112 Stat. 338, as amended, known as the Federal Transit Act of 1998. Sections 3037 and 3038 of title III of Pub. L. 105–178 are set out as notes under sections 5309 and 5310, respectively, of Title 49, Transportation. For complete classification of title III to the Code, see Short Title of 1998 Amendment note set out under section 5101 of Title 49 and Tables.

Another section 110 was renumbered section 126 of this title.

A prior section 110, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894, related to project agreements, prior to repeal by Pub. L. 105–178, title I, § 1105(a), June 9, 1998, 112 Stat. 130.

2005—Subsec. (a)(1). Pub. L. 109–59, § 1105(a), substituted “2007” for “2000” and inserted “and the succeeding fiscal year” after “allocate for such fiscal year”.

Subsec. (a)(2). Pub. L. 109–59, § 1105(b), substituted “2007” for “2000” and “October 15 of such” for “October 1 of the succeeding”, inserted “for such fiscal year and the succeeding fiscal year” after “Account)”, and inserted at end “No reduction under this paragraph and no reduction under section 1102 (h), and no reduction under title VIII or any amendment made by title VIII, of the SAFETEA–LU shall be made for a fiscal year if, as of October 1 of such fiscal year the balance in the Highway Trust Fund (other than the Mass Transit Account) exceeds $6,000,000,000.”

Subsec. (b)(1)(A). Pub. L. 109–59, § 1105(c), (e), struck out “for” before “Federal-aid highway” and substituted “equity bonus” for “minimum guarantee” and “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.

Subsec. (c). Pub. L. 109–59, § 1105(d), inserted “the highway safety improvement program,” after “the surface transportation program,”.

1999—Subsec. (a)(2). Pub. L. 106–159, § 102(a)(2)(A), inserted “and the motor carrier safety grant program” after “relief)”.

Subsec. (b)(1)(A). Pub. L. 106–159, § 102(a)(2)(B), inserted “and the motor carrier safety grant program” after “program)”, substituted “title,” for “title and”, and inserted “, and subchapter I of chapter 311 of title 49” after “21st Century”.

Subsecs. (e) to (g). Pub. L. 106–113, which directed amendment of section 110 by adding subsecs. (e) to (g) at the end, was executed to this section to reflect the probable intent of Congress. See Codification note above.

1998—Subsec. (a). Pub. L. 105–178, § 1105(c)(1), as added by Pub. L. 105–206, § 9002(e), substituted “In general” for “Determination of amount” in heading and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “On October 15 of fiscal year 1999, and each fiscal year thereafter, the Secretary shall allocate an amount of funds equal to the amount determined pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 (b)(2)(B)(I)(cc)).”

Subsec. (b)(2), (4). Pub. L. 105–178, § 1105(c)(2), as added by Pub. L. 105–206, § 9002(e), substituted “subsection (a)(1)” for “subsection (a)”.

Subsec. (c). Pub. L. 105–178, § 1105(c)(3), as added by Pub. L. 105–206, § 9002(e), substituted “the Interstate and National Highway System program” for “the Interstate Maintenance program, the National Highway System program”.

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.

Pub. L. 109–59, title I, § 1105(f), Aug. 10, 2005, 119 Stat. 1166, provided that: “If the amount available pursuant to section 110 of title 23, United States Code, for fiscal year 2007 is greater than zero, the Secretary [of Transportation] shall—

“(1) determine the total amount necessary to increase each State’s rate of return (as determined under section 105 (b)(1)(A) of title 23, United States Code) to 92 percent, excluding amounts provided under this paragraph;

“(2) allocate to each State the lesser of—

“(A) the amount computed for that State under paragraph (1); or

“(B) an amount determined by multiplying the total amount calculated under section 110 of title 23, United States Code, for fiscal year 2007 by the ratio that—

“(i) the amount determined for such State under paragraph (1); bears to

“(ii) the total amount computed for all States in paragraph (1); and

“(3) allocate amounts remaining in excess of the amounts allocated in paragraph (2) to all States in accordance with section 110 of title 23, United States Code.”