1. What is the purpose of this Notice? The purpose of this Notice is to transmit the certificate of apportionment of National Highway System funds authorized for FY 2001 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act. This apportionment is effective immediately.
   
   
2. What is the availability of these funds?
   
   
   1. The National Highway System funds resulting from this apportionment are available for obligation until September 30, 2004. Any amounts not obligated by the State on or before September 30, 2004, 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), $36,400,000 of the funds have been set aside for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
      
      
   4. The Federal participating rate for these funds is 80 percent or 90 percent if used on the Interstate System (except for adding lanes that are not high-occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.
      
      
   5. The appropriation code is Q05, and the project number prefix is NH. Funds will be transferred from the apportionment (Table 1) to those States' 402 Safety Program for those States which failed to meet the provisions of title 23, U.S.C. section 154, Open Container Requirements (1.5 percent); and title 23, U.S.C. section 164, Minimum Penalties for Repeat Offenders (1.5 percent). Tables 2 and 3 illustrate the amounts to be transferred subject to a determination by the States under sections 154(c)(5) and 164(b)(5) which allows the States to designate the funds to be transferred.
      
      
3. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.

Kenneth R. Wykle
Federal Highway Administrator

TO--

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

Pursuant to section 9503 of the Internal Revenue Code of 1986, title 23, United States Code, the Transportation Equity Act for the 21st Century, 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 that can be apportioned for projects on the National Highway System for the fiscal year ending September 30, 2001, is $4,887,986,000, which is 100 percent of the amount authorized to be appropriated for the National Highway System for that fiscal year, pursuant to section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

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, United States Code, to deduct 1.50 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2001, for the National Highway System, and I have deducted said 1.50 percent from the sum of $4,887,986,000 authorized to be appropriated for the fiscal year ending September 30, 2001, by section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 104(f) 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 percent of the sums remaining from the authorization of $4,887,986,000 for the fiscal year ending September 30, 2001, for the purpose of carrying out section 134 of title 23, United States Code.

Fourth, 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 $36,400,000 of the sums remaining from the authorization of $4,887,986,000 for the fiscal year ending September 30, 2001, for the National Highway System for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and $18,800,000 of the sums remaining from the authorization of $4,887,986,000 for fiscal year ending September 30, 2001, for the purpose of carrying out section 104(b)(1) of title 23, United States Code, relating to the Alaska Highway.

Fifth, that under the provisions of section 154(c) of title 23, United States Code, the Open Container Requirement law, 1.5 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Mexico, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code, subject to a determination by the States in accordance with title 23 United States Code, section 164(b)(5).

Sixth, that under the provisions of section 164(b) of title 23, United States Code, the Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence, 1.5 percent of the amount required to be apportioned to Alaska, California, Connecticut, Delaware, Georgia, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code, subject to a determination by the States in accordance with title 23, United States Code, section 164(b)(5).

Seventh, that after making the deductions and set asides, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the National Highway System in the manner provided by law in accordance with the formula in section 104(b)(1) of title 23, United States Code.

Eighth, that subject to the foregoing deductions and set asides, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
TABLE 1
APPORTIONMENT OF FUNDS FOR NATIONAL HIGHWAY SYSTEM AUTHORIZED FOR FISCAL YEAR 2001
	STATE	AMOUNT
	ALABAMA	$87,778,872
	ALASKA	25,308,211
	ARIZONA	83,353,582
	ARKANSAS	69,953,980
	CALIFORNIA	437,645,370
	COLORADO	76,881,521
	CONNECTICUT	37,642,644
	DELAWARE	35,874,816
	DIST. OF COL.	40,610,971
	FLORIDA	215,395,709
	GEORGIA	140,914,198
	HAWAII	35,970,217
	IDAHO	39,232,728
	ILLINOIS	141,518,492
	INDIANA	110,924,175
	IOWA	75,702,237
	KANSAS	70,302,896
	KENTUCKY	83,093,972
	LOUISIANA	65,724,760
	MAINE	24,204,291
	MARYLAND	71,691,670
	MASSACHUSETTS	66,183,050
	MICHIGAN	140,798,244
	MINNESOTA	85,620,998
	MISSISSIPPI	68,322,657
	MISSOURI	109,547,983
	MONTANA	56,760,671
	NEBRASKA	60,217,622
	NEVADA	37,436,023
	NEW HAMPSHIRE	27,205,199
	NEW JERSEY	107,471,062
	NEW MEXICO	60,514,571
	NEW YORK	166,404,934
	NORTH CAROLINA	119,165,456
	NORTH DAKOTA	63,848,628
	OHIO	152,504,634
	OKLAHOMA	81,951,457
	OREGON	69,005,690
	PENNSYLVANIA	160,752,557
	RHODE ISLAND	34,312,730
	SOUTH CAROLINA	69,912,943
	SOUTH DAKOTA	53,726,726
	TENNESSEE	102,773,609
	TEXAS	369,742,635
	UTAH	38,806,524
	VERMONT	28,490,049
	VIRGINIA	111,608,219
	WASHINGTON	82,560,713
	WEST VIRGINIA	36,552,185
	WISCONSIN	107,374,010
	WYOMING	72,022,457
	TOTAL	$4,711,319,548
		APPROVED EFFECTIVE October 1, 2000
		Kenneth R. Wykle FEDERAL HIGHWAY ADMINISTRATOR