Page:United States Statutes at Large Volume 108 Part 2.djvu/271

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 987 (3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles. (d) CONTINUOUS EVALUATION OF PLANS. — On the basis of reports submitted by a State motor vehicle safety agency of a State with a plan approved under this section and the Secretary's own investigations, the Secretary shall make a continuing evaluation of the way the State is carrying out the plan. If the Secretary finds, after notice and opportunity for comment, the State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, the Secretary shall withdraw approval of the plan and notify the State. The plan stops being effective when the notice is received. A State adversely affected by the withdrawal may seek judicial review under chapter 7 of title 5. Notwithstanding the withdrawal, the State may retain jurisdiction in administrative or judicial proceedings begun before the withdrawal if the issues involved are not related directly to the reasons for the withdrawal. § 31103. United States Government's share of costs The Secretary of Transportation shall reimburse a State, from a grant made under this subchapter, an amount that is not more than 80 percent of the costs incurred by the State in a fiscal year in developing and implementing programs to enforce commercial motor vehicle regulations, standards, or orders adopted under this subchapter or subchapter II of this chapter. In determining those costs, the Secretary shall include in-kind contributions by the State. Amounts of the State and its political subdivisions required to be expended under section 31102(b)(1)(D) of this title may not be included as part of the share not provided by the United States Government. The Secretary may allocate among the States whose applications for grants have been approved those amounts appropriated for grants to support those programs, under criteria that may be established. § 31104. Availability of amounts (a) GENERAL.— Subject to section 9503(c)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are available from the Highway Trust Fund (except the Mass Transit Account) for the Secretary of Transportation to incur obligations to carry out section 31102 of this title: (1) not more than $76,000,000 for the fiscal year ending September 30, 1993. (2) not more than $80,000,000 for the fiscal year ending September 30, 1994. (3) not more than $83,000,000 for the fiscal year ending September 30, 1995. (4) not more than $85,000,000 for the fiscal year ending September 30, 1996. (5) not more than $90,000,000 for the fiscal year ending September 30, 1997. (b) AVAILABILITY AND REALLOCATION OF AMOUNTS. —(1) Amounts made available under subsection (a) of this section remain available until expended. Allocations to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. Amounts not expended

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