TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS. Section 104(k) of title 23, United States Code, is amended to read as follows:“(k) Transfer of Highway and Transit Funds.—“(1) Transfer of highway funds for transit projects.—“(A) In general.—Subject to subparagraph (B), funds made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.“(B) Non-federal share.—The provisions of this title relating to the non-Federal share shall apply to the funds transferred under subparagraph (A).“(2) Transfer of transit funds for highway projects.—“(A) In general.—Subject to subparagraph (B), funds made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.“(B) Non-federal share.—The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to funds transferred under subparagraph (A).“(3) Transfer of funds among states or to federal highway administration.—“(A) In general.—Subject to subparagraphs (B) and (C), the Secretary may, at the request of a State, transfer funds apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding one or more projects that 119 STAT. 1168 are eligible for assistance with funds so apportioned or allocated.“(B) Apportionment.—The transfer shall have no effect on any apportionment of funds to a State under this section or section 105 or 144.“(C) Surface transportation program.—Funds that are apportioned or allocated to a State under subsection (b)(3) and attributed to an urbanized area of a State with a population of over 200,000 individuals under section 133(d)(3) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.“(4) Transfer of obligation authority.—Obligation authority for funds transferred under this subsection shall be transferred in the same manner and amount as the funds for the projects that are transferred under this subsection.”.