BORDER STATE INFRASTRUCTURE.

SEC. 1437. [23 U.S.C. 101 note] BORDER STATE INFRASTRUCTURE. (a) In general.—After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23, United States Code, for border infrastructure projects eligible under section 1303 of SAFETEA-LU (23 U.S.C. 101 note; 119 Stat. 1207). (b) Use of funds.—Funds designated under this section shall be available under the requirements of section 1303 of SAFETEA-LU (23 U.S.C. 101 note; 119 Stat. 1207). (c) Certification.—Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, United States Code. (d) Notification.—Not later than 30 days after making a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction. (e) Limitation.—This section applies only to funds apportioned to a State after the date of enactment of this Act. (f) Deadline for Designation.—A designation under subsection (a) shall— (1) be submitted to the Secretary not later than 30 days before the first day of the fiscal year for which the designation is being made; and (2) remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation. (g) Unobligated Funds After Termination.—Effective beginning on the date of a termination under subsection (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23, United States Code.