---
kind: "section"
citation: "23 C.F.R. § 1225.8"
title: "23"
number: "1225.8"
heading: "Funds withheld from apportionment."
url: "https://uscodex.org/cfr/23/1225.8"
---

# §1225.8. Funds withheld from apportionment.

- (a) Beginning in fiscal year 2004, the Secretary shall withhold 2 percent of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if a State has not enacted and is not enforcing a law that meets the requirements of [23 U.S.C. 163](/usc/23/163.md) and [§ 1225.4](/cfr/23/1225.4.md) of this part.
- (b) In fiscal year 2005, the Secretary shall withhold 4 percent of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if a State has not enacted and is not enforcing a law that meets the requirements of [23 U.S.C. 163](/usc/23/163.md) and [§ 1225.4](/cfr/23/1225.4.md) of this part.
- (c) In fiscal year 2006, the Secretary shall withhold 6 percent of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if a State has not enacted and is not enforcing a law that meets the requirements of [23 U.S.C. 163](/usc/23/163.md) and [§ 1225.4](/cfr/23/1225.4.md) of this part.
- (d) In fiscal year 2007, and in each fiscal year thereafter, the Secretary shall withhold 8 percent of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if a State has not enacted and is not enforcing a law that meets the requirements of [23 U.S.C. 163](/usc/23/163.md) and [§ 1225.4](/cfr/23/1225.4.md) of this part.

## Notes

### Authority

Authority: 23 U.S.C. 163; sec. 351, Pub. L. 106-346—Appendix, 114 Stat. 1356A-34, 35; delegation of authority at 49 CFR 1.48 and 1.50.

### Source

Source: 68 FR 50708, Aug. 22, 2003, unless otherwise noted.