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Notice
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Subject
Restoration of Fiscal Year (FY) 2004 Highway Trust Funds Pursuant to P.L. 108-310
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Classification Code Date
Office of Primary Interest
N4510.531 October 28, 2004 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of restoration of Highway Trust Funds pursuant to section 13 of the Surface Transportation Extension Act of 2004, Part V, P.L. 108-310. The apportionment is effective immediately.

  2. What is the background information? Section 9503(d)(3) of the Internal Revenue Code of 1986 shall not apply to any apportionment to the States of the amounts authorized to be appropriated from the Highway Trust Fund for the fiscal year ending September 30, 2004.

  3. What is the availability of these funds?

    1. The Highway Trust Funds resulting from this apportionment, as shown on Table 1, are available for obligation until September 30, 2007. Any amounts not obligated by the State on or before September 30, 2007, shall lapse.

    2. The funds resulting from this apportionment are subject to obligation controls in force at the time of obligation.

  4. Are certain States subject to withholding or penalty transfer? Yes. Currently, the States that are listed under the following three requirements were subject to withholding and transfer of funds on October 1, 2003. The funds to be transferred will be transferred to the State's 402 program. It should be noted that the following withholding and transfer amounts are subject to change based on enactment of a law reauthorizing the Federal-aid highway program.

    1. Open Container Requirements - 23 U.S.C. 154 - 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, Tennessee, Virginia, West Virginia, and Wyoming

    2. Operation of Motor Vehicles by Intoxicated Persons - 23 U.S.C. 163 - 2 percent (pursuant to the Department of Transportation and Related Agencies Appropriations Act, 2001, P.L. 106-346, section 351)

      Funds subject to withholding: National Highway System, Surface Transportation Program and Interstate Maintenance. Minnesota

    3. Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence - 23 U.S.C. 164 - 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, West Virginia, and Wyoming

    4. Tables 2, 3 and 4 illustrate the adjusted amounts to be transferred and withheld under section 154(c)(5), section 163 (pursuant to the Department of Transportation and Related Agencies Appropriations Act, 2001, P.L. 106-346, section 351) and section 164(b)(5). Table 5 illustrates the adjusted amounts to be transferred under sections 154(c)(5) and 164(b)(5) based on the State's designation. Table 5 also illustrates the adjusted amounts being withheld pursuant to section 163.

  5. What action is required? Division Administrators should ensure that copies of this Notice are provided to State departments of transportation.

Mary E. Peters

Mary E. Peters
Administrator

Buckle Up America

Table 1
Table 2
Table 3
Table 4
Table 5
Table 6



CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $722,100,123
FOR THE HIGHWAY TRUST FUNDS AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004

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, the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), 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 pursuant to section 13 of the STEA04, Part V, section 9503(d) of the Internal Revenue Code of 1986 shall not apply to any apportionment to the States of the amounts authorized to be appropriated from the Highway Trust Funds for fiscal year ending September 30, 2004. I have determined that the total amount that was reduced pursuant to the Byrd amendment (title 26, United States Code, section 9503(d)(3)(B)) can be apportioned for fiscal year ending September 30, 2004, is $722,100,123, which is 100 percent of the amount authorized to be appropriated for the fiscal year ending September 30, 2004.

Second, 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).

Third, that under section 163 of title 23, United States Code, pursuant to the Department of Transportation and Related Agencies Appropriations Act, 2001, Public Law 106-346, section 351, relating to the Operation of Motor Vehicles by Intoxicated Persons law, 2 percent of the programmatic distribution of Interstate Maintenance, National Highway System, and Surface Transportation program funds required to be apportioned and advanced to Minnesota will be withheld from the apportionment.

Fourth, 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, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, 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 Code section 164(b)(5).

Fifth, that after making the deductions and transfers, I have computed the apportionments 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 the STEA03, as amended by the STEA04, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV, Division F of the Consolidated Appropriations Act, 2004, and title 26, United States Code, section 9503(d) of the Internal Revenue Code of 1986.

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


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