Pub. L. 102-240, tit. I, pt. A, sec. 1013
MINIMUM ALLOCATION.
SEC. 1013. MINIMUM ALLOCATION. (a) General Rule.— Section 157(a) of title 23, United States Code, is amended— (1) in paragraph (3) by striking “Thereafter” and inserting “Fiscal years 1989–1991”; (2) in paragraph (3) by striking “and each fiscal year thereafter,” and inserting “, 1990, and 1991”; and (3) by adding at the end the following new paragraph: “(4) Thereafter.— In fiscal year 1992 and each fiscal year thereafter on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State’s percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Interstate construction, Interstate maintenance, Interstate highway substitute, National Highway System, surface transportation program, bridge program, scenic byways, and grants for safety belts and motorcycle helmets shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the High-way Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.”. (b) Conforming Amendments.— Section 157(b) of such title is amended— (1) by striking “primary, secondary,” and inserting “National Highway, surface transportation program,”; (2) by striking “urban,” and inserting “congestion mitigation and air quality improvement program,”; (3) by striking “replacement and rehabilitation”; and (4) by inserting after the first sentence the following: “½ of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title.”. (c) Donor State Bonus Amounts.— (1) Funding.— There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the payment of donor State bonus amounts the following amounts for the following fiscal years: (A) For fiscal year 1992 $429,000,000. (B) For fiscal year 1993 $514,000,000. (C) For fiscal year 1994 $514,000,000. (D) For fiscal year 1995 $514,000,000. (E) For fiscal year 1996 $514,000,000. (F) For fiscal year 1997 $515,000,000. (2) Apportionment.— (A) Formula.— The bonus apportionments which are provided under this subsection for a fiscal year shall be apportioned in such a way as to bring each successive State, or States, with the lowest dollar return on dollar projected to be contributed into the Highway Trust Fund for such fiscal 105 STAT. 1941year, up to the highest common return on contributed dollar that can be funded with the annual authorizations provided under this subsection. (B) Applicability of chapter i of title 23.— Funds apportioned under this subsection shall be available for obligation in the same manner and for the same purposes as if such funds were apportioned for the surface transportation program under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended. One-half of the amounts apportioned under this subsection shall be subject to section 133(d)(3) of title 23, United States Code, as added by this Act.