Pub. L. 109-59, tit. I, subtit. A, sec. 1107
METROPOLITAN PLANNING.
SEC. 1107. METROPOLITAN PLANNING. Section 104(f) of title 23, United States Code, is amended—(1) by striking paragraph (1) and inserting the following:“(1) Set-aside.—On October 1 of each fiscal year, the Secretary shall set aside 1.25 percent of the funds authorized to be appropriated for the Interstate maintenance, national highway system, surface transportation, congestion mitigation 119 STAT. 1167 and air quality improvement, and highway bridge replacement and rehabilitation programs authorized under this title to carry out the requirements of section 134.”;(2) in paragraph (2) by striking “per centum” and inserting “percent”;(3) in paragraph (3)—(A) by striking “The funds” and inserting the following:“(A) In general.—The funds”; and(B) by striking “These funds” and all that follows and inserting the following:“(B) Unused funds.—Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.”; and(4) in paragraph (4)—(A) by striking “The distribution” and inserting the following:“(A) In general.—The distribution”; and(B) by adding at the end the following:“(B) Reimbursement.—Not later than 30 days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from funds distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.”.