1. PURPOSE. To transmit the certificate of apportionment of the 90 percent minimum allocation funds authorized for FY 1992 by 23 United States Code 157. The apportionment is effective December 18, 1991.

2. APPORTIONMENT. The apportionment of 90 percent minimum allocation funds is based on (1) the apportionment of Interstate Construction, Interstate Maintenance, Interstate Highway Substitute, National Highway System, Surface Transportation Program, and Bridge Program, funds apportioned effective December 18, 1991, and on (2) the allocations of FY 1991 Discretionary funds for Interstate Construction, Interstate 4R, Interstate Substitution and Bridge, and (3) the FY 1990 Highway Trust Fund receipts attributable to the States.

3. BUDGET COMPLIANCE. To ensure compliance with section 1004 of the Intermodal Surface Transportation Efficiency Act of 1991, it will be necessary to adjust the apportionment of the 90 percent minimum allocation funds after the Office of Management and Budget scores the budgetary impact of this bill.

4. AVAILABILITY.

   1. The 90 percent minimum allocation funds resulting from this apportionment are subject to lapse on September 30, 1995, if they have not been obligated for projects.

   2. The funds may be obligated for Interstate highway substitute, national highway system, surface transportation program, Interstate, bridge, congestion mitigation and air quality, hazard elimination, rail-highway crossing projects.

   3. 23 U.S.C. 157(c) provides that one-half of one percent of these funds allocated to each State in any fiscal year may be available for expenditure for the purpose of carrying out the requirements of Section 134 of 23 U.S.C. (relating to transportation planning) and one and one-half percent of these funds allocated to each State in any fiscal year may be available for expenditure for the purpose of carrying out activities referred to in subsection (c) of Section 307 of 23 U.S.C. (relating to transportation planning and research).

   4. Supplementary tables providing the appropriation codes and suballocation of these funds will be issued in a separate notice.

5. ACTION. Division Administrators should assure that copies of this Notice are furnished to State highway agencies.

Attachment

TO--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, title 23, United States Code, entitled "Highways", The Intermodal Surface Transportation Efficiency Act of 1991, 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 hereby 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 such estimate, I have determined that $1,159,987,824 can be apportioned for the fiscal year ending September 30, 1992, which is the amount needed to carry out section 157 of title 23, United States Code, for that fiscal yearand which is authorized to be appropriated in section 157(e) of title 23, United States Code.

Second, that I have computed the apportionment among the eligible States in the manner provided by law in accord with the formula in section 157(a)(4) of title 23, United States Code.

Third, that one-half of the amounts apportioned herein are subject to the provision of section 133(d)(3) of title 23, United States Code, concerning the division of apportioned funds within a State.

Fourth, that pursuant to section 1004 of the Intermodal Surface Transportation Efficiency Act of 1991, it will be necessary to reduce obligations and apportionments for the minimum allocation after the Office of Management and Budget scores the budget impact of this bill.

Fifth, that subject to adjustment under section 1004 of the Intermodal Surface Transportation Efficiency Act of 1991, the sums which are apportioned and made available to the eligible States, effective immediately, are as follows: