1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Minimum Guarantee Program funds authorized for FY 2003 pursuant to section 105(a) of title 23, United States Code (U.S.C.). The apportionment is effective immediately.
   
   
2. Does this Notice cancel FHWA Notice 4510.492? Yes, this Notice cancels FHWA Notice 4510.492, Apportionment of Fiscal Year (FY) 2003 Minimum Guarantee Program Funds, dated October 30, 2002. The revisions to the apportionment are required pursuant to the provisions of Division I, section 317, and Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act, 2003. Revisions to the apportionment are also required to reflect corrections to the FY 2003 Recreational Trails factor data. The corrected factor data adjusted the amount of funds distributed to the States for the FY 2003 Recreational Trails Apportionment, which affects the Minimum Guarantee Program funds.
   
   
3. What is the availability of these funds?
   
   
   1. The Minimum Guarantee Program funds resulting from this apportionment are available for obligation until September 30, 2006. Any amounts not obligated by the State on or before September 30, 2006, shall lapse.
      
      
   2. The funds resulting from this apportionment are subject to obligation controls in force at the time of obligation. Special obligation limitation will be provided with these funds. In addition, an amount of Minimum Guarantee Program funds is provided which is exempt from obligation controls.
      
      
   3. Funds will be transferred to the States' 402 Safety Program from the revised programmatic distribution portion of the Minimum Guarantee Program which adjusts to the National Highway System, Surface Transportation Program, and Interstate Maintenance programs for those States that failed to meet the provisions of title 23, (U.S.C.) section 154, the Open Container Requirements law (3 percent), and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders law (3 percent). Tables 2 and 3 illustrate the revised amounts to be transferred under sections154(c)(5) and 164(b)(5) respectively. Table 4 illustrates the revised total amount to be transferred based on the States' designation.
      
      
   4. Supplementary tables providing sub-allocation, appropriation codes, Federal share, etc., will be issued in a separate Notice.
      
      
4. What action is required? Division Administrators should ensure that copies of this Notice are provided to State departmentsof transportation.

	Mary E. Peters Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $6,421,204,408
FOR THE MINIMUM GUARANTEE PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003

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 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 Minimum Guarantee Program for the fiscal year ending September 30, 2003, pursuant to section 105(d) of title 23, United States Code, as amended, is $6,421,204,408, which is 100 percent of the amount authorized to be made available from the Highway Trust Fund.

Second, pursuant to Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year, 2003, I have determined that it will be necessary to deduct .65 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Minimum Guarantee Program, and I have deducted said .65 percent from the sum of $6,421,204,408 authorized to be appropriated for the fiscal year ending September 30, 2003, from the Highway Trust Funds pursuant to section 105(d) of title 23, United States Code, as amended. The resulting amount authorized to be appropriated for fiscal year ending September 30, 2003, is $6,383,752,956.

Third, pursuant to Division I, Section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct 2.65 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Minimum Guarantee Program, for administering the provisions of section 104(a) title 23, United States Code, and I have deducted said 2.65 percent from the sum of $6,383,752,956 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 105(d) of title 23, United States Code, as amended, and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fourth, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct .45 percent from the amount authorized to be appropriated for fiscal year ending September 30, 2003, for the Minimum Guarantee Program, and I have deducted said .45 percent from the sum of $6,383,752,956 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 105(d) of title 23, United States Code, as amended and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fifth, pursuant to the provisions of section 154(c) of title 23, United States Code, the Open Container Requirements law, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code, from the programmatic distribution portion of the Minimum Guarantee Program, subject to a determination by the State in accordance with title 23, United States Code, section 154(c)(5).

Sixth, pursuant to 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, 3 percent of the amount required to be apportioned to Alaska, California, Connecticut, Louisiana, Massachusetts, Minnesota, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Vermont, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code, from the programmatic distribution portion of the Minimum Guarantee Program, subject to a determination by the States in accordance with title 23, United States Codesection 164(b)(5).

Seventh, that after making the deductions and transfers, I have computed the apportionment to each State and the District of Columbia of the amount authorized to be appropriated for the Minimum Guarantee Program in the manner provided by law in accordance with the formula in section 105 of title 23, United States Code and pursuant to Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Eighth, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Table 1
Table 2
Table 3
Table 4