This directive was canceled April 20, 2010

N4510.722 - Attachment

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $11,724,796,095 AUTHORIZED TO BE APPROPRIATED
FOR APPORTIONED FEDERAL-AID HIGHWAY PROGRAMS UNDER THE
EXTENSION OF SURFACE TRANSPORTATION PROGRAMS
PURSUANT TO PUBLIC LAW 111-68, AS AMENDED BY PUBLIC LAW 111-144

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 Federal-aid highway programs under the extension of surface transportation programs pursuant to the Continuing Appropriations Resolution, 2010, Public Law 111-68, as amended by Public Law 111-144, is $11,724,796,095, which is 100 percent of the amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the period ending March 28, 2010.

Second, that the funds made available and expended under the Continuing Appropriations Resolution, 2010, Pubic Law 111-68, as amended, are distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code.

Third, that in compliance with section 154 of title 23, United States Code, the Open Container Requirements, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the States’ 402 Safety Programs.

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, Minnesota, Montana, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Washington, and Wyoming will be transferred to the States’ 402 Safety Programs (except that the penalty transfer amounts for Montana and Washington will be withheld and reserved from transfer pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fifth, that after making the required deductions and transfers, I have computed the apportionments to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the apportioned Federal-aid highway programs in the manner provided by law.

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