public road

(2) Apportionment to states.— (A) Definition of public road .— In this paragraph, the term “public road” means any road that is— (i) subject to the jurisdiction of, and maintained by, a public authority; and (ii) held open to public travel. (B) Apportionment.— (i) In general .— Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section— (I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census— (aa) the population of the State; bears to (bb) the total population of all States; and (II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)— (aa) the public road mileage in each State; bears to (bb) the total public road mileage in all States. (ii) Calculation .— For purposes of clause (i)(II), public road mileage shall be— (I) determined as of the end of the calendar year preceding the year during which the funds are apportioned; (II) certified by the Governor of the State; and (III) subject to approval by the Secretary. (C) Minimum apportionments .— The annual apportionment under this section to— (i) each State shall be not less than ¾ of 1 percent of the total apportionment; (ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and (iii) the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than ¼ of 1 percent of the total apportionment. (D) Penalty.— (i) In general .— The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable— (I) approves such a highway safety program; or (II) determines that the State is implementing such a program. (ii) Factor for consideration .— In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). (E) Limitations.— (i) In general .— A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. (ii) Effect of guidelines .— Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State.

Source

23 USC § 402(c)(2)


Scoping language

In this paragraph
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