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Page 2 of 6 15 <br /> (2) These funds shall be apportioned to the States in the <br /> ratio which the population in urbanized areas, or parts <br /> thereof, in each State bears to the total population in such <br /> urbanized areas in all the States as shown by the latest <br /> available census, except that no State shall receive less than <br /> one-half per cent of the amount apportioned. <br /> (3) The funds apportioned to any State under paragraph (2) of <br /> this subsection shall be made available by the State to the <br /> metropolitan planning organizations responsible for carrying <br /> out the provisions of section 134 of this title, except that <br /> States receiving the minimum apportionment under paragraph (2) <br /> may, in addition, subject to the approval of the Secretary, use <br /> the funds apportioned to finance transportation planning <br /> outside of urbanized areas . These funds shall be matched in <br /> accordance with section 120 (j) of this title unless the <br /> Secretary determines that the interests of the Federal-Aid <br /> highway program would be best served without such matching. <br /> (4) The distribution within any State of the planning funds <br /> made available to' agencies under paragraph (3) of this <br /> subsection shall be in accordance .with a formula developed by <br /> each State and approved by the Secretary which shall consider <br /> but not necessarily be limited to population, status of <br /> planning, attainment of air quality standards, metropolitan <br /> area transportation needs, and other factors necessary to <br /> provide for an appropriate distribution of funds to carry out <br /> the requirements of section 134 and other applicable <br /> requirements of Federal law; and <br /> (5) DETERMINATION OF POPULATION FIGURES.--For the purposes of <br /> determining population figures under this subsection, the <br /> Secretary shall use the most recent estimate published by the <br /> Secretary of Commerce. <br /> WHEREAS, the Municipality has been designated by the Governor <br /> of the State of North Carolina as the Lead Planning Agency for the <br /> Metropolitan Planning Organization to be responsible for carrying <br /> out the provisions of Section 134, Title 23, United States Code, and <br /> to be the recipient of its share of the planning funds apportioned <br /> to the State under Section 104 (f) Title 23 United States Code, <br /> hereinafter ' referred to as the Section 104 (f) planning funds, as <br /> determined by the policy adopted by the Board of Transportation for <br /> the Department in its meeting of October 2, 1992, which is attached <br /> hereto as Attachment A and incorporated herein and made a part of <br /> this Agreement; <br /> NOW, THEREFORE, in consideration of the promises and benefits <br /> accruing to the Department and the Municipality as .the result of <br /> performing these planning services, it is agreed as follows : <br /> Section 1 . Scope and Purpose of Work <br /> The Municipality and the Department shall in cooperation with <br /> other participating agencies perform the planning work as required <br /> by Section 134, Title 23, United States Code, in conformance with <br /> any related legislation or approved directives, procedures, <br />