Page:United States Statutes at Large Volume 101 Part 1.djvu/195

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 165

"(c) LIMITATION ON PLANNING EXPENDITURES.—One-half of 1 per-

cent of amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out the requirements of section 134 of this title (relating to transportation planning). iy2 percent of the amounts allocated to each State under this section 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 this title (relating to transportation planning and research). "(d) TREATMENT OF WITHHELD APPORTIONMENTS.—For purposes of subsection (a), any funds which, but for section 154(f) or 158(a) of this title or any other provision of law under which Federal-aid highway funds are withheld from apportionment, would be apportioned to a State in a fiscal year under a section referred to in subsection (a) shall be treated as being apportioned in such year.".

. n-i

23 USC 134

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(b) PROGRAM FOR FISCAL YEARS 1987 AND THEREAFTER.—Section

157(a) of title 23, United States Code, is amended by inserting "(1) FISCAL YEARS 1984-1987.—" before "In the fiscal year and by adding at the end thereof the following new paragraphs: "(2) FISCAL YEARS 1987 AND 1988.—In fiscal years 1987 and 1988, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to 'i' ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for emergency relief in accordance with section 125 of this title, the Interstate construction discretionary program in accordance with section 118(b)(2) of this title, forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 404 of the Surface Transportation Assistance Act of 1982) shall

j^. not be less than 85 percent of the percentage of estimated tax

payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, ,,/j in the latest fiscal year for which data are available. ,,,,; CS'tjlB.-

f^ia.

"(3) THEREAFTER.— "(A) GENERAL RULE.—In

fiscal year 1989 and each fiscal year thereafter, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 404 of the Surface Transportation Assistance Act of 1982) shall not be less than 85 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.

Grants. Taxes.

49 USC app. 2304.

Grants. Taxes.

49 USC app. 2304.