1. PURPOSE. To transmit the revised certificate of apportionment of Minimum Guarantee Program funds authorized for FY 1998 pursuant to the section 105(a) of title 23, United States Code. The apportionment is effective immediately.

2. CANCELLATION. FHWA Notice 4510.395, 'Apportionment of Fiscal Year (FY) 1998 National Highway System Funds,' dated June 10, 1998, is hereby canceled pursuant to TEA-21 Restoration Act.

3. AVAILABILITY

   1. The Minimum Guarantee Program funds resulting from this apportionment are available for obligation until September 30, 2001. Any amounts not obligated by the State on or before that date shall lapse.

   2. The funds resulting from this apportionment are subject to obligation controls in force at the time of obligation. Special obligation limitation is provided with these funds. In addition, an amount of Minimum Guarantee program funds are provided which are exempt from obligation controls.

   3. Supplementary tables providing suballocation, appropriation codes, Federal share, etc., will be issued in a separate notice.

   4. This apportionment includes minimum allocation amounts advanced pursuant to the Surface Transportation Extension Act of 1997.

   5. In accordance with section 1103(m) of the Transportation Equity Act for the 21st Century, the amounts resulting from this apportionment will be reduced (except for Massachusetts) by the funds provided by the Surface Transportation Extension Act of 1997 for the Donor State Bonus and the Minimum Allocation funds (refer to Notice 4510.384).

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

Original signed by,

Kenneth R. Wykle
Administrator

Attachment

TO--

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

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Transportation Equity Act for the 21st Century, 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 the Minimum Guarantee Program for the fiscal year ending September 30, 1998, is $5,466,569,779 which is 100 percent of the amount authorized to be made available from the Highway Trust Fund pursuant to section 105(d) of title 23, United States Code, as amended.

Second, that in compliance with section 104(a) of title 23, United States Code, as amended, to deduct 1.45 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 1998, for the Minimum Guarantee Program and I have deducted said 1.45 percent from the sum of $5,466,569,779 authorized to be appropriated for the fiscal year ending September 30, 1998, by section 105(d) of title 23, United States Code, as amended.

Third, that under the provisions of section 153(h) of title 23, United States Code, 3 percent of the amount required to be apportioned to New Hampshire is reserved. If the State fails to achieve the national safety belt average use rate by the end of fiscal year 1998, the reserved funds will be transferred to the State's 402 apportionment.

Fourth, that after making the deduction and reservation, I have computed the apportionment among the several States and the District of Columbia of the amount authorized to be appropriated for the Minimum Guarantee Program in the manner provided by law in accordance with the formula in section 105 of title 23, United States Code.

Fifth, the sums are hereby apportioned to each State and the District of Columbia effective immediately are respectfully as follows: