§ 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.