105 STAT. 2078 PUBLIC LAW 102-240—DEC. 18, 1991 "(2) DETERMINATION OF PUBLIC ROAD MILEAGE.— For the purposes of this subsection, the term 'public road' means any road under the jurisdiction of and maintained by a public authority and open to public travel. Public road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary. (3) MINIMUM PERCENTAGE. — The annual apportionment under this paragraph to each State shall not be less than onehalf of 1 percent of the total apportionment; except that the apportionments to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not be less than one-quarter of 1 percent of the total apportionment. " (4) REAPPORTIONMENT OF NONELIGIBLE STATE FUNDS. — If a State is not eligible for a basic grant or for a supplemental grant under this section in a fiscal year, the amount of funds appor- ^ tioned to the State in the fiscal year to make such grant shall be reapportioned to the other States eligible to receive such a grant in the fiscal year in accordance with the formula specified in this subsection. The reapportionment shall be made on the first day of the succeeding fiscal year. "(h) APPLICABILITY OF CHAPTER 1,— "(1) IN GENERAL.— Except as otherwise provided in this subsection, all provisions of chapter 1 of this title that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section. "(2) INCONSISTENT PROVISIONS.— If the Secretary determines that a provision of chapter 1 of this title is inconsistent with this 1, section, such provision shall not apply to funds authorized to be appropriated to carry out this section. (3) CREDIT FOR STATE AND LOCAL EXPENDITURES. — The aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the non- Federal share of the cost of any project under this section (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project. " (4) INCREASED FEDERAL SHARE FOR CERTAIN INDIAN TRIBE PROGRAMS.— In the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, the Secretary may increase the Federal share of the cost thereof payable under this title to the extent necessary. " (5) TREATMENT OF TERM 'STATE HIGHWAY DEPARTMENT'. —In applying provisions of chapter 1 in carrying out this section, the term 'State highway department' as used in such provisions shall mean the Governor of a State and, in the case of an Indian tribe program, the Secretary of the Interior.
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