Under the Surface Transportation Extension Act of 2010, as amended, the Department of Transportation (DOT) was required to provide to states for apportioned programs all amounts that section 1934 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) had enacted as allocations. Because Denali is a federal agency and not a state, it receives no apportionment under SAFETEA-LU. Thus, DOT properly made available to the State of Alaska as apportionments amounts from the States section 1934 allocation that section 1934 had otherwise designated for Denali. In addition, we have no basis to object to the Secretary of DOT exercising his discretion under the Extension Act. The Secretary of DOT determined that Denalis section 1960 projects and activities were sufficiently funded and therefore awarded Denali no budget authority for fiscal year 2011.
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