1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Safe Routes to School Program funds authorized for FY 2007 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59. The apportionment is effective immediately.

2. What is the availability of these funds?

   1. Pursuant to Section 1404(i) of the SAFETEA-LU, the Safe Routes to School Program funds resulting from this apportionment shall be available for obligation in the same manner as if the funds were apportioned under Chapter 1 of Title 23, United States Code, except that the funds shall remain available until expended and shall not be transferable.

   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 Federal participating rate for projects eligible for these funds is 100 percent, in accordance with Section 1404(i) of the SAFETEA-LU.

   4. The program codes to be used when obligating these funds are LU10, LU20, and LU30.

3. What is the background information?

   1. Section 1101(a)(17) of the SAFETEA-LU authorizes a total of $125,000,000 in contract authority for the Safe Routes to School Program for FY 2007.

   2. Section 1404(c) of the SAFETEA-LU applies a $3,000,000 deduction from the amount authorized for Safe Routes to School Program for administering the provisions of the Safe Routes to School Program.

   3. The total contract authority for distribution in FY 2007 net of reduction is $122,000,000.

4. What is the requirement for the Safe Routes to School Program? Pursuant to Section 1404(f)(2) of the SAFETEA-LU, not less than 10 percent and not more than 30 percent of the amount apportioned to each State shall be used for the following noninfrastructure-related activities: the encouragement of walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders; traffic education and enforcement in the vicinity of schools; student sessions on bicycle and pedestrian safety, health, and environment; and funding for training, volunteers, and managers of safe routes to school programs.

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

J. Richard Capka Administrator

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $125,000,000 AUTHORIZED TO BE APPROPRIATED
FOR THE SAFE ROUTES TO SCHOOL PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007

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 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 that can be apportioned for the Safe Routes to School Program for the fiscal year ending September 30, 2007, pursuant to Section 1101(a)(17) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $125,000,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, in compliance with Section 1404(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, I have determined that it will be necessary for administering the provisions of Section 1404 of such Act, to deduct $3,000,000 from the amount authorized to be appropriated for the fiscal year ending September 30, 2007, pursuant to Section 1101(a)(17) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. I have deducted $3,000,000 from the sum of $125,000,000 authorized to be appropriated for the fiscal year ending September 30, 2007, under Section 1101(a)(17) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The resulting amount is $122,000,000.

Third, that after making the deduction, 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 Safe Routes to School Program in the manner provided by law in accordance with the formula set forth under Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

Fourth, that subject to the foregoing deduction, 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

APPORTIONMENT OF FUNDS FOR THE
SAFE ROUTES TO SCHOOLS PROGRAM
AUTHORIZED FOR FISCAL YEAR 2007