90 STAT. 4 3 4
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Repeal.
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PUBLIC LAW 9 4 - 2 8 0 — M A Y 5, 1976 "Two-thirds according to the following formula: one-third in the ratio which the area of each State bears to the total area of all the States, one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census, and one-third in the ratio which the mileage of rural delivery routes and intercity mail routes where service is performed by motor vehicles in each State bear to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary; and one-third as follows: in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. No State (other than the District of Columbia) shall receive less than one-half of 1 per centum of each year's apportionment.". (c) Section 104(b)(3) of title 23, United States Code, is repealed. (d) Section 104:(e) of title 23, United States Code, is amended to read as follows: " (e) On October 1 of each fiscal year the Secretary shall certify to each of the State highway departments the sums which he has apportioned hereunder (other than under subsection (b)(5) of this section) to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. O n October 1 of the year preceding the fiscal year for which authorized, the Secretary shall certify to each of the State highway departments the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. To permit the States to develop adequate plans for the utilization of apportioned sums, the Secretary shall advise each State of the amount that will be apportioned each year under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are authorized, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds.". (e) Section 104:(f)(1) of title 23, United States Code, is amended by striking out " O n or before January 1 next preceding the commencement" and inserting in lieu thereof " O n October 1". Section 104(f)(1) is further amended by striking out the period a t the end thereof and inserting in lieu thereof a comma and the following: "except that i n the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 p e r centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such System.". (f) Section 104(f)(3) of title 23, United States Code, is amended by striking out the period at the end of the first sentence and inserting in lieu thereof ", except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas.". (g) Section 104(b)(5) of title 23, United States Code, is amended by striking out "a date as far in advance of the beginning of the fiscal year for which authorized as practicable but in no case more than eighteen months prior to the beginning of the fiscal year for which authorized." and inserting in lieu thereof the following: "October 1 of the year preceding the fiscal year for which authorized.".
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