Page:United States Statutes at Large Volume 105 Part 3.djvu/45

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PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1929 "(i) in urbanized areas of the State with an urbanized area population of over 200,000, and "(ii) in other areas of the State, in proportion to their relative share of the State's population. The remaining 37.5 percent may be obligated in any area of the State. Funds attributed to an urbanized area under clause (i) may be obligated in the metropolitan area established under section 134 which encompasses the urbanized area. "(B) SPECIAL RULE FOR AREAS OF LESS THAN 5,OOO POPU- LATION. — Of the amounts required tobe obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federal-aid secondary system for fiscal year 1991. "(C) SPECIAL RULE FOR CERTAIN STATES. — In the case of a State in which— "(i) greater than 80 percent of the population of the State is located in 1 or more metropolitan statistical areas, and "(ii) greater than 80 percent of the land area of such State is owned by the United States, the 62.5 percentage specified in the first sentence of subparagraph (A) shall be 35 percent and the percentage specified in the second sentence of subparagraph (A) shall be 65 percent. " (D) NONCONTIGUOUS STATES EXEMPTION.— Subparagraph (A) shall not apply to any State which is noncontiguous with the continental United States. "(E) DISTRIBUTION BETWEEN URBANIZED AREAS OF OVER 200,000 POPULATION. —The amount of funds which a State is required to obligate under subparagraph (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas; except that the State may obligate such funds based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to do so and the Secretary grants the request. "(4) APPLICABILITY OF PLANNING REQUIREMENTS.— Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title. " (e) ADMINISTRATION.— "(1) NoNCOMPUANCE. —I f the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken. "(2) CERTIFICATION. — The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during