[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR420.109]

[Page 84-85]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 420--PLANNING AND RESEARCH PROGRAM ADMINISTRATION--Table of Contents
 
      Subpart A--Administration of FHWA Planning and Research Funds
 
Sec. 420.109  Distribution of PL funds.

    (a) States shall make all PL funds authorized by 23 U.S.C. 104(f) 
available to the MPOs in accordance with a formula developed by the 
State, in consultation with the MPOs, and approved by the FHWA. The 
State shall not use any PL funds for grant or subgrant administration.
    (b) In developing the formula for distributing PL funds, the State 
shall consider population, status of planning, attainment of air quality 
standards, metropolitan area transportation needs, and other factors 
necessary to provide for an appropriate distribution of funds to carry 
out the requirements of 23 U.S.C. 134 and other applicable requirements 
of Federal law.
    (c) As soon as practicable after PL funds have been apportioned by 
the FHWA to the States, the STAs shall inform the MPOs and the FHWA of 
the amounts allocated to each MPO.
    (d) If the STA, in a State receiving the minimum apportionment of PL 
funds under the provisions of 23 U.S.C. 104(f)(2), determines that the 
share of funds to be allocated to any MPO results in the MPO receiving 
more funds than necessary to carry out the provisions of 23 U.S.C. 
134(a), the STA may, after considering the views of the affected MPOs 
and with the approval of the FHWA, use these funds to finance 
transportation planning outside of metropolitan planning areas.
    (e) In accordance with the provisions of 23 U.S.C. 134(n), any PL 
funds not needed for carrying out the metropolitan planning provisions 
of 23 U.S.C. 134 may be made available by the MPOs to the State for 
funding statewide planning activities under 23 U.S.C. 135, subject to 
approval by the FHWA.
    (f) Any State PL fund distribution formula that does not meet the 
requirements of paragraphs (a) or (b) of this section shall be brought 
into conformance with such requirements as

[[Page 85]]

soon as possible, but no later than in time for distribution of PL funds 
apportioned to the State for the first Federal fiscal year beginning 
after August 22, 1994.