1. PURPOSE. To transmit the certificate of apportionment for National Highway System funds authorized for FY 1995 pursuant to the Intermodal Surface Transportation Efficiency Act of 1991. The apportionment is effective immediately.

    

2. AVAILABILITY

    

   1. The National Highway System funds resulting from this apportionment are available for obligation until September 30, 1998. Any amounts not obligated by the State on or before September 30, 1998, shall lapse.

       

   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

       

   3. As required by 23 U.S.C. 104(b)(1), one percent of the funds have been set-aside for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.

       

   4. The participating rate for these funds is 80 percent or90 percent if used on the Interstate System (except for adding lanes which are not high occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.

       

   5. The appropriation code is 315, and the project number prefix is NH.

       

   6. Funds are being withheld from the apportionment for those States which failed to meet the provisions of 23 U.S.C. 158, National Minimum Drinking Age, 23 U.S.C. 159, Revocation or suspension of drivers' licenses of individuals convicted of drug offenses and 23 U.S.C. 153, Use of Safety Belts and Motorcycle Helmets.

    

3. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State highway agencies.

Original signed by
Rodney E. Slater
Federal Highway Administrator

Attachment

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $3,599,000,000 AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995 FOR THE NATIONAL HIGHWAY SYSTEM

TO--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Intermodal Surface Transportation Efficiency Act of 1991, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--

First, that the Secretary of the Treasury has made the estimate required by section 9503(d) of the Internal Revenue Code of 1986 and based on that estimate, I have determined that the amount which can be apportioned for projects on the National Highway System for the fiscal year ending September 30, 1995, is $3,599,000,000 which is 100 per centum of the amount authorized to be appropriated for the National Highway System for that fiscal year pursuant to section 1003(a)(2) of the IntermodalSurface Transportation Efficiency Act of 1991.

Second, that pursuant to section 118(c)(2) of title 23, United States Code, I have set aside $64,000,000 from the sum authorized to be appropriated for the fiscal year ending September 30, 1995, for the National Highway System by section 1003(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 to carry out section 118(c)(2) of title 23, United States Code.

Third, that in compliance with section 104(a) of title 23, United States Code, I have estimated that it will be necessary for administering the provisions of title 23 and for highway research and studies, to deduct 3.75 per centum from the amount authorized to be appropriated for the fiscal year ending September 30, 1995, for the National Highway System, and I have deducted said 3.75 per centum from the sum of $3,599,000,000 authorized to be appropriated for the fiscal year ending September 30, 1995, by section 1003(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991.

Fourth, that in compliance with section 104(f)(1) of title 23, United States Code, and after making the deduction authorized by section 104(a) of title 23, United States Code, I have deducted one per centum or the sums remaining from the authorization of $3,599,000,000 for the fiscal year ending September 30, 1995, for the purpose of carrying out section 134 of title 23, United States Code.

Fifth, that in compliance with section 104(b)(1) of title 23, United States Code, and after making the deductions authorized by sections 104(a) and 104(f)(1) of title 23, United States Code, I have set-aside one per centum of the sums remaining from the authorization of $3,599,000,000 for the fiscal year ending September 30, 1995, for the National Highway System for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Sixth, that under the provisions of section 158(a)(2) of title 23, United States Code, the national minimum drinking age law, 10 per centum of the amount required to be apportioned tothe Commonwealth of Puerto Rico for the National Highway System has been withheld from apportionment and lapsed.

Seventh, that under the provisions of section 159 of title 23, United States Code, 5 per centum of the amount required to be apportioned to the State of California for the National Highway System has been withheld from apportionment.

Eighth, that under the provisions of section 153(h) of title 23, United States Code, 1.5 per centum of the amount required to be apportioned to the States of Alaska, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Minnesota, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Wisconsin, and Wyoming is transferred to the apportionment of the State under section 402 of title 23.

Ninth, that after making the deductions, set-asides and withholding, I have computed the apportionment among the several States, the Commonwealth of Puerto Rico and the District of Columbia of the remainder of the amounts authorized to be appropriated for the National Highway System in the mannerprovided by law in accordance with the formula in section 104(b)(1) of title 23, United States Code.

Tenth, that subject to the foregoing deductions, withholding and set-asides the sums which are hereby apportioned to each State, the District of Columbia, and the Commonwealth of Puerto Rico, effective immediately, are respectively as follows:

EFFECTIVE APPROVED October 5, 1994
ORIGINAL SIGNED BY\
RODNEY E. SLATER
FEDERAL HIGHWAY ADMINISTRATOR