1. PURPOSE. To transmit the revised certificate of apportionment of Bridge Program funds authorized for FY 1996 pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 (P.L.102-240). This Notice revises Notice 4510.346 dated November 29, 1995, pursuant to Comptroller General opinion B-275490 (December 5, 1996). On December 24, 1996, revised FY 1994 Highway Trust fund income statements were received from the Department of the Treasury. The apportionment is effective immediately.

2. AVAILABILITY

   1. The Bridge Program funds resulting from this apportionment are available for obligation until September 30, 1999. Any amounts not obligated by the State on or before September 30, 1999, 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. The participating rate for these funds is 80 percent.

   4. The appropriation codes are unchanged.

   5. The authorization of this apportionment has been reduced by 13.35402537 percent to comply with section 1003(c) of P.L. 102-240.

3. BRIDGE PROGRAM REQUIREMENTS. Pursuant to 23 U.S.C. 144(g), not less than 15 percent nor more than 35 percent of the amount apportioned to each State shall be expended for bridge program projects located on public roads, other than those on the Federal-aid highway system. Bridge Programfunds may be expended to replace, rehabilitate, paintor seismic retrofit, or apply calcium magnesium acetate to eligible highway bridge projects. The Secretary of Transportation, after consultation with State and local officials, may, with respect to a State, reduce the requirement for expenditure for bridges not on a Federal-aid highway system when the Secretary determines that the State has inadequate needs to justify the expenditure.

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 title 23, United States Code, the Intermodal Surface Transportation Efficiency Act of 1991, section 9503 of the Internal Revenue Code of 1986, 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 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 bridge replacement and rehabilitation for the fiscal year ending September 30, 1996, is $2,394,028,279 which is 100 per centum of the amount authorized to be appropriated for that fiscal year by section 1003(a)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 after taking a proportionate reduction as required by section 1003(c) of such statute.

Second, 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 highwayresearch and studies, to deduct 3.75 per centum from the sum of $2,394,028,279 authorized to be appropriated for the fiscal year ending September 30, 1996, and I have deducted said 3.75 per centum.

Third, 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 of the sum remaining from the authorization of $2,394,028,279 for the fiscal year ending September 30, 1996, for the purpose of carrying out section 134 of title 23, United States Code.

Fourth, that pursuant to section 144(g) of title 23, United States Code, I have set aside a total of $69,000,000 from the sum of $2,394,028,279 authorized to be appropriated for the fiscal year ending September 30, 1996, which includes $60,500,000 for the discretionary bridge program and $8,500,000 to carry out section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991.

Fifth, that after making said deductions and set-aside, I have computed the apportionment among the States, the District of Columbia and the Commonwealth of Puerto Rico of the remainder of the amount authorized to be appropriated for the fiscal year ending September 30, 1996, in the manner provided by section 144(e) of title 23, United States Code.

Sixth, that pursuant to section 144(g)(4) of title 23, United States Code, I have transferred $11,764,030 which is the total of one percent of the apportionment due to each State which has an Indian reservation within its boundaries to the Secretary of the Interior to carry out section 144(g)(4) of title 23, United States Code.

Seventh, that such sums are adjusted as required by section 1003(c) of Public Law 102-240.

Eighth, that after said transfers 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: