1. What is the purpose of this Notice? The purpose of this Notice is to transmit the certificate of apportionment of Surface Transportation Program funds authorized for FY 2001 pursuant to the Transportation Equity Act for the 21st Century (TEA-21). The apportionment is effective immediately.
   
   
2. What is the availability of these funds?
   
   
   1. The Surface Transportation Program funds resulting from this apportionment are available for obligation until September 30, 2004. Any amounts not obligated by the State on or before September 30, 2004, shall lapse.
      
      
   2. The funds resulting from this apportionment will be subject to obligation controls in force at the time of obligation.
      
      
   3. The Federal participating rate for these funds is 80 percent or 90 percent if used on the Interstate System (except for adding lanes that are not high-occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.
      
      
   4. Funds will be transferred from the apportionment (Table 1) to the States' 402 Safety Program for those States which failed to meet the provisions of title 23, U.S.C. section 154, Open Container Requirements (1.5 percent); and title 23, U.S.C. section 164, Minimum Penalties for Repeat Offenders (1.5 percent). Tables 2 and 3 illustrate the amounts to be transferred subject to a determination by the States under sections 154(c)(5) and 164(b)(5) which allows the States to designate the funds to be transferred.
      
      
   5. Supplementary tables providing the sub-allocations of these funds will be issued in a separate Notice.
      
      
3. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.
   

Kenneth R. Wykle
Federal Highway Administrator

TO--

The Secretary of the Treasury of the United States and the State Transportation Agencies:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Transportation Equity Act for the 21st Century, 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 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 Surface Transportation Program for the fiscal year ending September 30, 2001, is $5,702,651,000, which is 100 percent of the amount authorized to be appropriated for that Program for that fiscal year pursuant to section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

Second, that in compliance with section 104(a) of title 23, United States Code, I have estimated that it will be necessary for administering the provisions of title 23, United States Code, to deduct 1.50 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2001, for the Surface Transportation Program, and I have deducted said 1.50 percent from the sum of $5,702,651,000 authorized to be appropriated for the fiscal year ending September 30, 2001, by section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 104(f) of title 23, United States Code, and after making the deduction authorized by section 104(a) of title 23, United States Code, I have deducted one percent of the sums remaining from the authorization of $5,702,651,000 for the fiscal year ending September 30, 2001, for the purpose of carrying out section 134 of title 23, United States Code.

Fourth, that pursuant to sections 104(d)(1) and 104(d)(2) of title 23, United States Code, I have set aside $5,750,000 in total from the sums authorized to be appropriated for the fiscal year ending September 30, 2001, for the Surface Transportation Program by section 1101(a)(4) of the Transportation Equity Act for the 21st Century to carry out sections 104(d)(1) and 104(d)(2) of title 23, United States Code.

Fifth, that pursuant to sections 140(b) and 140(c) of title 23, United States Code, I have set aside $20,000,000 in total from the sums authorized to be appropriated for the fiscal year ending September 30, 2001, for the Transportation Equity Act for the 21st Century to carry out sections 140(b) and 140(c) of title 23, United States Code.

Sixth, that under the provisions of section 153(h) of title 23, United States Code, Use of Safety Belts, 3 percent of the amount required to be apportioned to the State of New Hampshire will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Seventh, that under the provisions of section 154(c) of title 23, United States Code, the Open Container Requirement law, 1.5 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Mexico, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code, subject to a determination by the States in accordance with title 23, United States Code, section 154(c)(5).

Eighth, that under the provisions of section 164(b) of title 23, United States Code, the Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence law, 1.5 percent of the amount required to be apportioned to Alaska, California, Connecticut, Delaware, Georgia, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, Unites States Code, subject to a determination by the States in accordance with title 23, United States Code, section 164(b)(5).

Ninth, that after making the deductions and set asides, I have computed the apportionment to each State and the District of Columbia of the remainder of the amount authorized to be appropriated for the Surface Transportation Program in the manner provided by law in accordance with the formula in section 104(b)(3) of title 23, United States Code.

Tenth, that subject to the foregoing deductions and set asides, 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 TABLE 1
FEDERAL HIGHWAY ADMINISTRATION
APPORTIONMENT OF FUNDS FOR SURFACE TRANSPORTATION PROGRAM AUTHORIZED FOR FISCAL YEAR 2001
	STATE	AMOUNT
	ALABAMA	$113,763,480
	ALASKA	27,675,951
	ARIZONA	93,802,075
	ARKANSAS	78,842,517
	CALIFORNIA	536,190,377
	COLORADO	82,064,416
	CONNECTICUT	52,911,235
	DELAWARE	27,675,951
	DIST. OF COL.	27,675,951
	FLORIDA	249,762,711
	GEORGIA	195,135,484
	HAWAII	27,675,951
	IDAHO	34,099,810
	ILLINOIS	196,879,496
	INDIANA	138,694,958
	IOWA	80,510,234
	KANSAS	88,462,721
	KENTUCKY	94,032,281
	LOUISIANA	89,473,185
	MAINE	29,017,931
	MARYLAND	88,632,597
	MASSACHUSETTS	93,849,894
	MICHIGAN	196,190,830
	MINNESOTA	108,818,034
	MISSISSIPPI	80,385,279
	MISSOURI	141,592,299
	MONTANA	35,626,829
	NEBRASKA	56,593,245
	NEVADA	36,535,234
	NEW HAMPSHIRE	27,675,951
	NEW JERSEY	124,790,000
	NEW MEXICO	48,554,976
	NEW YORK	214,424,636
	NORTH CAROLINA	152,195,422
	NORTH DAKOTA	35,382,288
	OHIO	194,456,797
	OKLAHOMA	107,261,567
	OREGON	74,875,056
	PENNSYLVANIA	199,580,626
	RHODE ISLAND	27,675,951
	SOUTH CAROLINA	97,142,271
	SOUTH DAKOTA	38,571,376
	TENNESSEE	124,664,053
	TEXAS	447,528,299
	UTAH	45,482,446
	VERMONT	27,675,951
	VIRGINIA	146,948,573
	WASHINGTON	106,038,566
	WEST VIRGINIA	44,737,110
	WISCONSIN	119,281,301
	WYOMING	27,675,951
	TOTAL	$5,535,190,123
		APPROVED EFFECTIVE October 1, 2000
		Kenneth R. Wykle FEDERAL HIGHWAY ADMINISTRATOR