This Directive was Canceled June 23, 1999.

U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE. To transmit the certificate of apportionment of the 85 percent minimum allocation funds authorized for FY 1989 by 23 U.S.C. 157.

2. APPORTIONMENT. The apportionment of 85 percent minimum allocation funds is based on apportionments of Interstate and non-Interstate funds apportioned effective October 1, 1988, allocations for the prior fiscal year for Federal-aid highway programs (except allocations for forest highways, Indian reservation roads, and parkways and park roads in accordance with Section 202 of 23 U.S.C., highway related safety grants authorized by Section 402 of 23 U.S.C., non-construction safety grants authorized by Sections 402, 406, and 408 of 23 U.S.C., Bureau of Motor Carrier Safety Grants authorized by Section 404 of the Surface Transportation Assistance Act of 1982, and the Highway Safety and Economic Development Demonstration Project (P.L. 100-202), and FY 1987 Highway Trust Fund receipts attributable to the States. The Minimum Allocation apportionment for the State of California is calculated in accordance with 23 U.S.C. 157(a)(3)(B).

3. AVAILABILITY

   1. The 85 percent minimum allocation funds resulting from this apportionment are subject to lapse on September 30, 1992, if they have not been obligated for projects.

   2. The funds may be obligated for Interstate highway substitute, primary, secondary, Interstate, urban, bridge replacement and rehabilitation, hazard elimination, and rail-highway crossings projects. The Surface Transportation and Uniform Relocation Assistance Act of 1987 provides that and one-half of one percent of these funds allocated to each State inany fiscal year may be available for expenditure for the purpose of carrying out the requirements of Section 134 of 23 U.S.C. (relating to transportation planning) and one and one-half percent of these funds allocated to each State, in any fiscal year may be available for expenditure for the purpose of carrying out activities referred to in subsection (c) of Section 307 of 23 U.S.C. (relating to transportation planning and research). These funds are not subject to obligation controls for FY 1989.

   3. Appropriation code 160 should be used for projects financed from the 85 percent minimum allocation funds. Appropriation code 16A should be used when financing projects with the one-half percent available for metropolitan planning projects and appropriation code 16B should be used when financing projects with the one and one-half percent available for highway planning and research projects.

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

Attachment

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, title 23, United States Code, entitled "Highways", the Federal-Aid Highway Act of 1987, the Department of Transportation and Related Agencies Appropriations Act, 1988, the Department of Transportation and Related Agencies Appropriations Act, 1989, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, section 1.48 of title 49, Code of Federal Regulations, I hereby certify--

First, that the Secretary of the Treasury has made the estimates required by section 9503(d) of the Internal Revenue Code of 1986 and based on such estimates, I have determined that$1,218,943,077 can be apportioned for the fiscal year ending September 30, 1989, which is the amount needed to carry out 23 U.S.C. 157 for that fiscal year and which is authorized to be appropriated in 23 U.S.C. 157(e).

Second, that I have computed the apportionment among the eligible States in the manner provided by law in accord with the formula in 23 U.S.C. 157(a) and the Department of Transportation and Related Agencies Appropriations Act, 1988, enacted December 22, 1987.

Third, that from the $305,197,272 apportioned to the State of Texas for FY 1989, $3,000,000 has been rescinded pursuant to the Department of Transportation and Related Agencies Appropriations Act, P.L. 100-457, 102 Stat. 2125, September 30, 1988, resulting in a net amount of $302,197,272 being made available to Texas for FY 1989.

Fourth, that subject to the rescission the sums which are apportioned and made available to the eligible States, effective immediately, are as follows:

This Directive was Canceled June 23, 1999.

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