Page:United States Statutes at Large Volume 96 Part 2.djvu/828

 96 STAT. 2190

PUBLIC LAW 97-424—JAN. 6, 1983 "(A) the amount which would (but for this subsection) be the unfunded highway authorizations at the close of the next fiscal year, and "(B) the net highway receipts for the 24-month period beginning at the close of such fiscal year. "(2) PROCEDURE WHERE THERE IS EXCESS UNFUNDED HIGHWAY

AUTHORIZATIONS.—If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) exceeds the amount described in paragraph (1)(B)— "(A) he shall so advise the Secretary of Transportation, and "(B) he shall further advise the Secretary of Transportation as to the amount of such excess. "(3) ADJUSTMENT OF APPORTIONMENTS WHERE UNFUNDED AUTHORIZATIONS EXCEED 2 YEARS* RECEIPTS.— "(A) DETERMINATION OF PERCENTAGE.—If, before any

apportionment to the States is made, in the most recent estimate made by the Secretary of the Treasury there is an excess referred to in paragraph (2)(B), the Secretary of Transportation shall determine the percentage which— "(i) the excess referred to in paragraph (2)(B), is of "(ii) the amount authorized to be appropriated from the Trust Fund for the fiscal year for apportionment to the States. If, but for this sentence, the most recent estimate would be one which was made on a date which will be more than 3 months before the date of the apportionment, the Secretary of the Treasury shall make a new estimate under paragraph (1) for the appropriate fiscal year. "(B) ADJUSTMENT OF APPORTIONMENTS.—If the Secretary

of Transportation determines a percentage under subparagraph (A) for purposes of any apportionment, notwithstanding any other provision of law, the Secretary of Transportation shall apportion to the States (in lieu of the amount which, but for the provisions of this subsection, would be so apportioned) the amount obtained by reducing the amount authorized to be so apportioned by such percentage. "(4) APPORTIONMENT OF AMOUNTS PREVIOUSLY WITHHELD FROM

APPORTIONMENT.—If, after funds have been withheld from apportionment under paragraph (3)(B), the Secretary of the Treasury determines that the amount described in paragraph (1)(A) does not exceed the amount described in paragraph (1)(B) or that the excess described in paragraph (I)(B) is less than the amount previously determined, he shall so advise the Secretary of Transportation. The Secretary of Transportation shall apportion to the States such portion of the funds so withheld from apportionment as the Secretary of the Treasury has advised him may be so apportioned without causing the amount described in paragraph (I)(A) to exceed the amount described in paragraph (I)(B). Any funds apportioned pursuant to the preceding sentence shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned pursuant to the preceding sentence. "(5) DEFINITIONS.—For purposes of this subsection—

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