1. PURPOSE

   1. To advise States of the amount deducted from the FY 1995 apportionments pursuant to the provisions of section 1054 of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law 102-240, dated December 18, 1991. Five States, Louisiana, Maine, New Mexico, Vermont and Puerto Rico are subject to a deduction in FY 1995 apportionments which equals 50 percent of each State's total repayment. The amounts deducted for FY 1995 are shown by category in Attachment 2.

   2. To transmit the certificate of apportionment of the amounts deducted to States which are not in repayment status. The funds resulting from this apportionment are shown by category in Attachment 1 and are available for obligation immediately.

2. BACKGROUND

   1. Section 1054(a) allowed States to increase the Federal share on any qualifying project up to 100 percent during FY 1992 and FY 1993.

   2. Section 1054(b) requests States to payback any increase in the Federal share on or before March 30, 1994.

   3. Section 1054(c) provides that any State which has not made the repayment shall have an amount equal to 50 percent of its total repayment deducted from its FY 1995 and FY 1996 apportionments. Amounts deducted for repayment will be reapportioned to States which are not in repayment status.

3. AVAILABILITY

   1. The funds resulting from this apportionment are available for obligation until September 30, 1998. Any amounts not obligated by the State on or before September 30, 1998, shall lapse.

   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 appropriation codes for the reapportioned funds are: Interstate Maintenance, 04M; National Highway System, 315; Bridge Replacement and Rehabilitation, 114; Surface Transportation Program, 33D; and Congestion Mitigation and Air Quality, 320.

4. OBLIGATION LIMITATION. The amount of FY 1995 formula obligation limitation distributed to each State is also shown in Attachment 1.

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

/s/
Rodney E. Slater
Federal Highway Administrator

2 Attachments

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $1,370,182 AUTHORIZED TO BE REAPPORTIONED FOR THE INTERSTATE MAINTENANCE PROGRAM AND $1,832,711 AUTHORIZED TO BE REAPPORTIONED FOR THE NATIONAL HIGHWAY SYSTEM AND $2,295,189 AUTHORIZED TO BE REAPPORTIONED FOR THE CONGESTION MITIGATION AND AIR QUALITY PROGRAM AND $1,423,250 AUTHORIZED TO BE REAPPORTIONED FOR THE HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM UNDER SECTION 1054(c) OF PUBLIC LAW 102-240 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995

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; Public Law 102-240, the Intermodal Surface Transportation Efficiency Act of 1991; 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 under the provisions of section 1054(c) of Public Law 102-240, relating to the repayment of the Temporary Matching Fund Waiver and deduction from apportionments of a State if a State has not made the repayment of the matching fund waiveras required by subsection (b) of section 1054, I did on October 5, 1994, withhold from the States of Louisiana, Maine, New Mexico, and Vermont and the Commonwealth of Puerto Rico, 50 percent of the pro-rata share of each category of apportioned funds of the amount needed for repayment; and

Second, I have computed the amounts deducted under subsection (c) which is to be reapportioned to those States which have either not received a higher Federal share under this section or to those States which have made repayment as required by subsection (b) of section 1054 in the manner provided by law in Public Law 102-240, to be reapportioned to such States for Interstate Maintenance, the National Highway System, the Surface Transportation Program, the Congestion Mitigation and Air Quality Program, and the Highway Bridge Replacement and Rehabilitation Program for fiscal year 1995, under title 23, United States Code.

Third, that the sums which are hereby reapportioned and made available to the States effective immediately are as follows:

APPROVED EFFECTIVE AUGUST 21, 1995
/s/ Rodney E. Slater
FEDERAL HIGHWAY ADMINISTRATOR