1. PURPOSE. To transmit the revised certificate of apportionment of the 90 Percent Minimum Allocation funds authorized for FY 1996 by 23 U.S.C. 157. This Notice revises Notice 4510.350 dated November 29, 1995, pursuant to Comptroller General opinion B-275490 (December 5, 1996). On December 24, 1996, revised FY 1994 Highway Trust Fund income Statements were received from the Department of the Treasury. The apportionment is effective immediately.

2. APPORTIONMENT. The apportionment of 90 Percent Minimum Allocation funds is based on (1) the apportionment of Interstate Maintenance, National Highway System, Surface Transportation Program, and Bridge Program funds apportioned effective immediately; (2) the allocations of FY 1995 Discretionary funds for Interstate Construction, Interstate 4R, Interstate Substitution, and Bridge; (3) the allocation of FY 1995 grants for Scenic Byways; and (4) the FY 1994 Highway Trust Fund receipts attributable to the States.

3. AVAILABILITY

   1. The 90 Percent Minimum Allocation funds resulting from this apportionment are subject to lapse on September 30, 1999, if they have not been obligated for projects.

   2. The funds may be obligated for Interstate Substitute Highway, National Highway System, Surface Transportation Program, Interstate, Bridge, and Congestion Mitigation and Air Quality.

   3. Title 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) andone 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. The funds apportioned have been reduced by 13.35402537 percent to comply with section 1003(c) P.L. 102-240.

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

4. 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 $501,753,068 can be apportioned for the fiscal year ending September 30, 1996, which is the amount needed to carry out section 157 of title 23, United States Code, for that fiscal year and which is authorized to be appropriated in section 157(e) of title 23, United States Code.

Second, that such sums are adjusted as required by section1003(c) of Public Law 102-240

Third, 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.

Fourth, 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.

Fifth, the sums which are apportioned and made available to the eligible States, effective immediately, are as follows: