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Notice
Subject
Apportionment of Fiscal Year (FY) 2005 Equity Bonus Program Funds
Classification Code Date Office of Primary Interest
N 4510.561 September 1, 2005 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Equity Bonus Program funds authorized for FY 2005 pursuant to section 105(a) of title 23, United States Code (U.S.C.). This program replaces the Transportation Equity Act for the 21st Century's Minimum Guarantee Program. The apportionment is effective immediately.

  2. What is the availability of these funds?

    1. The Equity Bonus Program funds resulting from this apportionment are available for obligation until September 30, 2008. Any amounts not obligated by the State on or before September 30, 2008, shall lapse.

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

    3. The Federal share for the funds programmatically distributed to other programs have the same Federal share as those programs. For the remainder of the funds ($2,639 million per year), the Federal share is determined under title 23, U.S.C., section 120, that is, the Federal share is generally 80 percent, subject to the sliding scale adjustment. When the funds are used for Interstate projects to add high occupancy vehicle or auxiliary lanes, but not other lanes, the Federal share may be 90 percent, also subject to the sliding scale adjustment.

    4. This Notice includes amounts advanced from the Minimum Guarantee Program funds pursuant to the Surface Transportation Extension Act of 2004, Part V (Pub. L. No. 108-310), as amended by the Surface Transportation Extension Act of 2005 (Pub. L. No. 109-14) and the Surface Transportation Extension Act of 2005, Parts II through V (Pub L. Nos. 109-20, 109-35, 109-37, and 109-40).

    5. In accordance with sections 2(c)(1) and 2(c)(2) of the Surface Transportation Extension Act of 2004, Part V, the amounts resulting from this apportionment will be adjusted to reflect criteria and requirements under the Equity Bonus Program that differ from those used to determine apportionments under the Minimum Guarantee Program, which is replaced by the Equity Bonus Program.

    6. Funds will be transferred to the State's 402 Safety Program from the programmatic distribution portion of the Equity Bonus Program which adjusts to the National Highway System, Surface Transportation Program, and Interstate Maintenance programs for those States that failed to meet the provisions of title 23, U.S.C., section 154, the Open Container Requirements law (3 percent), and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders law (3 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 total amount to be transferred based on the State's designation.

    7. Supplementary tables providing suballocation, appropriation codes, etc., will be issued in a separate Notice.

  3. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

J. Richard Capka

J. Richard Capka
Acting Administrator


CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $8,698,439,377
FOR THE EQUITY BONUS PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005

TO--

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting 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 Equity Bonus Program for the fiscal year ending September 30, 2005, pursuant to section 1104 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $8,698,439,377, which is 100 percent of the amount authorized to be made available from the Highway Trust Fund.

Second, pursuant to Division H, title I, section 117, of the Consolidated Appropriations Resolution, 2005, Pub. L. No. 108-447, I have determined that it will be necessary to deduct 4.1 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2005, for the Equity Bonus Program. I have deducted said 4.1 percent from the sum of $8,698,439,377 authorized to be appropriated for the fiscal year ending September 30, 2005, from the Highway Trust Funds pursuant to section 105(d) of title 23, United States Code, as amended. The amount deducted is $356,636,014.

Third, that in compliance with section 154 of title 23, United States Code, the Open Container Law Requirement, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, New York, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the State's 402 safety program.

Fourth, that in compliance with section 164 of title 23, United States Code, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence, 3 percent of the amount required to be apportioned to the States of Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, West Virginia, and Wyoming will be transferred to the State's 402 safety program.

Fifth, that after making the deduction and transfers, I have computed the apportionment to the State of the amount authorized to be appropriated for the Equity Bonus Program in the manner provided by law in accordance with the formula set forth. Eighth, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Sixth, the sums that are hereby apportioned to the State, effective immediately, are respectively as follows:

Table 1

Table 2

Table 3

Table 4

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