Page 139 TITLE 23—HIGHWAYS § 160

which such funds are apportioned under

paragraph (2).

(B) Funds which would have been originally apportioned under paragraph (1), (3), or

(5)(B) of section 104(b) shall remain available

until the end of the third fiscal year succeeding the fiscal year in which such funds

are so apportioned.

Sums not obligated at the end of such period

shall lapse or, in the case of funds apportioned

under section 104(b)(5), shall lapse and be made

available by the Secretary for projects in accordance with section 118(b).

(4) EFFECT OF NONCOMPLIANCE.—If, at the end

of the period for which funds withheld under

subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall

lapse or, in the case of funds withheld from apportionment under section 104(b)(5), such

funds shall lapse and be made available by the

Secretary for projects in accordance with section 118(b).

(c) DEFINITIONS.—For purposes of this section—

(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a license issued by a State to

any individual that authorizes the individual

to operate a motor vehicle on highways.

(2) DRUG OFFENSE.—The term ‘‘drug offense’’

means any criminal offense which proscribes—

(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute,

manufacture, cultivate, sell, or transfer any

substance the possession of which is prohibited under the Controlled Substances Act; or

(B) the operation of a motor vehicle under

the influence of such a substance.

(3) CONVICTED.—The term ‘‘convicted’’ includes adjudicated under juvenile proceedings.

(Added Pub. L. 102–143, title III, §333(a), Oct. 28,

1991, 105 Stat. 944; amended Pub. L. 102–388, title

III, §327(a), Oct. 6, 1992, 106 Stat. 1547.)

REFERENCES IN TEXT

The effective date of this section, referred to in subsec. (a)(1), (2), (3)(B)(i), is Nov. 5, 1990. See section 333(e)

of Pub. L. 102–143, set out as a note below.

The Controlled Substances Act, referred to in subsecs. (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L.

91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is

classified principally to subchapter I (§801 et seq.) of

chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title

note set out under section 801 of Title 21 and Tables.

AMENDMENTS

1992—Pub. L. 102–388 amended section generally, substituting ‘‘Beginning in fiscal year 1994’’ for ‘‘After second calendar year’’ as subsec. (a)(1) heading, ‘‘paragraphs (1), (3), and (5)’’ for ‘‘paragraphs (1), (2), (5), and

(6)’’ in subsec. (a)(1) and (2), ‘‘Beginning in fiscal year

1996’’ for ‘‘After fourth calendar year’’ as subsec. (a)(2)

heading, ‘‘paragraph (1), (3), or (5)’’ for ‘‘paragraph (1),

(2), or (6)’’ in subsec. (b)(1)(A)(iii), and ‘‘paragraph (1),

(3), or (5)(B)’’ for ‘‘paragraph (1), (2), (5)(B), or (6)’’ in

subsec. (b)(3)(B).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 327(b) of Pub. L. 102–388 provided that: ‘‘The

amendments made by subsection (a) of this section

[amending this section] shall take effect November 5,

1990.’’

EFFECTIVE DATE

Section 333(e) of Pub. L. 102–143 provided that: ‘‘The

amendments made by subsection (a) of this section [enacting this section] shall take effect November 5, 1990.’’

STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR

REVOCATION AND SUSPENSION OF DRIVERS’ LICENSES

Pub. L. 102–240, title I, §1094, Dec. 18, 1991, 105 Stat.

2025, provided that:

‘‘(a) STUDY.—The Secretary shall conduct a study of

State efforts to comply with the provisions of section

333 of the Department of Transportation and Related

Agencies Appropriations Acts, 1991 and 1992 [section 333

of Pub. L. 102–143 (1992 Act) enacted this section and

provisions set out as a note above and repealed section

333 of Pub. L. 101–516 (1991 Act) which amended section

104 of this title and enacted provisions set out as a note

thereunder], relating to revocation and suspension of

drivers’ licenses.

‘‘(b) REPORT.—Not later than December 31, 1992, the

Secretary shall transmit to Congress a report on the

results of the study conducted under this section.’’

§ 160. Reimbursement for segments of the Interstate System constructed without Federal assistance

(a) GENERAL AUTHORITY.—The Secretary shall

allocate to the States in each of fiscal years 1996

and 1997 amounts determined under subsection

(b) for reimbursement of their original contributions to construction of segments of the Interstate System which were constructed without

Federal financial assistance.

(b) DETERMINATION OF REIMBURSEMENT

AMOUNT.—The amount to be reimbursed to a

State in each of fiscal years 1996 and 1997 under

this section shall be determined by multiplying

the amount made available for carrying out this

section for such fiscal year by the reimbursement percentage set forth in the table contained

in subsection (c).

(c) REIMBURSEMENT TABLE.—For purposes of

carrying out this section, the reimbursement

percentage, the original cost for constructing

the Interstate System, and the total reimbursable amount for each State is set forth in the

following table:

States

Original

cost in

millions

Reimbursement

percentage

Reimbursable

amount in

millions

Alabama .................... $9 0.50 $147

Alaska ....................... 0.50 147

Arizona ..................... 20 0.50 147

Arkansas ................... 6 0.50 147

California .................. 298 5.42 1,591

Colorado .................... 23 0.50 147

Connecticut ............... 314 5.71 1,676

Delaware ................... 39 0.71 209

Florida ...................... 31 0.56 164

Georgia ..................... 46 0.84 246

Hawaii ....................... 0.50 147

Idaho ......................... 5 0.50 147

Illinois ...................... 475 8.62 2,533

Indiana ...................... 167 3.03 892

Iowa .......................... 5 0.50 147

Kansas ....................... 101 1.84 540

Kentucky .................. 32 0.57 169

Louisiana .................. 22 0.50 147

Maine ........................ 38 0.69 204

Maryland ................... 154 2.79 820

Massachusetts ........... 283 5.14 1,511
§ 161 TITLE 23—HIGHWAYS Page 140

States

Original

cost in

millions

Reimbursement

percentage

Reimbursable

amount in

millions

Michigan ................... 228 4.14 1,218

Minnesota ................. 16 0.50 147

Mississippi ................ 6 0.50 147

Missouri .................... 74 1.35 396

Montana .................... 5 0.50 147

Nebraska ................... 1 0.50 147

Nevada ...................... 2 0.50 147

New Hampshire ......... 8 0.50 147

New Jersey ................ 353 6.41 1,882

New Mexico ............... 8 0.50 147

New York .................. 929 16.88 4,960

North Carolina .......... 36 0.65 191

North Dakota ............ 3 0.50 147

Ohio ........................... 257 4.68 1,374

Oklahoma .................. 91 1.66 486

Oregon ....................... 78 1.42 417

Pennsylvania ............ 354 6.43 1,888

Rhode Island ............. 12 0.50 147

South Carolina .......... 4 0.50 147

South Dakota ............ 5 0.50 147

Tennessee .................. 7 0.50 147

Texas ......................... 200 3.64 1,069

Utah .......................... 6 0.50 147

Vermont .................... 1 0.50 147

Virginia ..................... 111 2.01 591

Washington ............... 73 1.32 389

West Virginia ............ 5 0.50 147

Wisconsin .................. 8 0.50 147

Wyoming ................... 9 0.50 147

D.C. ........................... 9 0.50 147

TOTALS .................... $4,967 100.00 $29,384

(d) TRANSFER OF REIMBURSABLE AMOUNTS TO

STP APPORTIONMENT.—Subject to subsection (e)

of this section, the Secretary shall transfer

amounts allocated to a State pursuant to this

section to the apportionment of such State

under section 104(b)(3) for the surface transportation program.

(e) LIMITATION ON APPLICABILITY OF CERTAIN

REQUIREMENTS OF STP PROGRAM.—The following

provisions of section 133 of this title shall not

apply to 1

⁄2 of the amounts transferred under

subsection (d) to the apportionment of the State

for the surface transportation program:

(1) Subsection (d)(1).

(2) Subsection (d)(2).

(3) Subsection (d)(3).

(f) AUTHORIZATION OF APPROPRIATIONS.—There

is authorized to be appropriated, out of the

Highway Trust Fund (other than the Mass Transit Account), $2,000,000,000 per fiscal year for

each of fiscal years 1996 and 1997 to carryout this

section.

(Added Pub. L. 102–240, title I, §1014(a), Dec. 18,

1991, 105 Stat. 1941.)

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after

Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set

out as an Effective Date of 1991 Amendment note under

section 104 of this title.

§ 161. Operation of motor vehicles by intoxicated

minors

(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE.—

(1) FISCAL YEAR 1999.—The Secretary shall

withhold 5 percent of the amount required to

be apportioned to any State under each of

paragraphs (1), (3), and (5)(B) of section 104(b)

on October 1, 1998, if the State does not meet

the requirement of paragraph (3) on that date.

(2) THEREAFTER.—The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under

each of paragraphs (1), (3), and (5)(B) of section

104(b) on October 1, 1999, and on October 1 of

each fiscal year thereafter, if the State does

not meet the requirement of paragraph (3) on

that date.

(3) REQUIREMENT.—A State meets the requirement of this paragraph if the State has

enacted and is enforcing a law that considers

an individual under the age of 21 who has a

blood alcohol concentration of 0.02 percent or

greater while operating a motor vehicle in the

State to be driving while intoxicated or driving under the influence of alcohol.

(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.—

(1) PERIOD OF AVAILABILITY OF WITHHELD

FUNDS.—

(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 2000.—Any funds withheld under subsection (a) from apportionment to any State

on or before September 30, 2000, shall remain

available until the end of the third fiscal

year following the fiscal year for which the

funds are authorized to be appropriated.

(B) FUNDS WITHHELD AFTER SEPTEMBER 30,

2000.—No funds withheld under this section

from apportionment to any State after September 30, 2000, shall be available for apportionment to the State.

(2) APPORTIONMENT OF WITHHELD FUNDS

AFTER COMPLIANCE.—If, before the last day of

the period for which funds withheld under subsection (a) from apportionment are to remain

available for apportionment to a State under

paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall,

on the first day on which the State meets the

requirement, apportion to the State the funds

withheld under subsection (a) that remain

available for apportionment to the State.

(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY

APPORTIONED FUNDS.—Any funds apportioned

pursuant to paragraph (2) shall remain available for expenditure until the end of the third

fiscal year following the fiscal year in which

the funds are so apportioned. Sums not obligated at the end of that period shall lapse.

(4) EFFECT OF NONCOMPLIANCE.—If, at the end

of the period for which funds withheld under

subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall lapse.

(Added Pub. L. 104–59, title III, §320(a), Nov. 28,

1995, 109 Stat. 589.)

CHAPTER 2—OTHER HIGHWAYS

Sec.

201. Authorizations.