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U.S. Department
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Federal Highway
Administration

Notice
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Subject
Revised Apportionment of Fiscal Year (FY) 2001 Minimum Guarantee Program Funds

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Classification Code Date Office of Primary Interest
N4510.454 September 7, 2001 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Minimum Guarantee Program funds authorized for FY 2001 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act. The apportionment is effective immediately.


  2. Does this Notice cancel FHWA Notice 4510.444? Yes, this Notice cancels FHWA Notice 4510.444, Apportionment of Fiscal Year (FY) 2001 Minimum Guarantee Program Funds, dated October 1, 2000. The revisions to the apportionment are minimal and were required to reflect adjustments in Highway Trust Fund contributions based on corrections resulting from the over and under reporting of 1998 motor fuel data (the most current data upon which FY 2001 apportionments are based). United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996); 41 Comp. Gen. 16 (1961).


  3. What is the availability of these funds?


    1. The Minimum Guarantee Program 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 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 is provided, which is exempt from obligation controls.


    3. 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., 154, Open Container Requirements (1.5 percent) and Title 23, U.S.C., 164, Minimum Penalties for Repeat Offenders (1.5 percent). Tables 2 and 3 illustrate the amounts to be transferred under sections 154(c)(5) and 164(b)(5) respectively. Table 4 illustrates the revised total amount of funds to be transferred.


    4. Supplementary tables providing the sub-allocations of these funds will be issued in a separate Notice.


  4. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.
  5. .

schimmoller signature
Vincent F. Schimmoller
Deputy Executive Director



CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $6,571,725,701 FOR THE MINIMUM GUARANTEE PROGRAM AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001

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, 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 that can be apportioned for the Minimum Guarantee Program for the fiscal year ending September 30, 2001, is $6,571,725,701, 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 1.50 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2001, for the Minimum Guarantee Program, and I have deducted said 1.50 percent from the sum of $6,571,725,701, authorized to be appropriated for the fiscal year ending September 30, 2001, by section 105(d) of Title 23, United States Code, as amended.

Third, 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, from the programmatic distribution portion of the Minimum Guarantee, subject to a determination by the State in accordance with Title 23, United States Code, section 154(c)(5).

Fourth, 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 law, 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, from the programmatic distribution portion of the Minimum Guarantee, subject to a determination by the States in accordance with Title 23, United States Code section 164(b)(5).

Fifth, that after making the deduction, I have computed the apportionment to each State 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.

Sixth, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Table 1
Table 2
Table 3
Table 4


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