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Historical textIn force on Jan. 1, 2017Source: eCFR

§ 350.323 What criteria are used in the Basic Program Funds allocation?

Wording effective January 1, 2017, superseded July 24, 2020. The section was then removed.

eCFR as of January 1, 2017 ↗
What changedOct. 1, 2001 wording → Jan. 1, 2017 wording+212 added−54 removedHide

(a) TheFirst, the funds are distributed proportionally to the States using the following four, equally weighted (25 percent), factors.
(1) 1997 Road miles (all highways) as defined by the FMCSAFHWA.
(2) All vehicle miles traveled (VMT) as defined by the FMCSAFHWA.
(3) Population— - annual census estimates as issued by the U.S. Census Bureau.
(4) Special fuel consumption (net after reciprocity adjustment) as defined by the FMCSAFHWA.
(b) DistributionNext, ofthe BasicFMCSA Programwill Fundsaverage isthe subjectfunding awarded to a maximumState, or other equitable amounts, in fiscal years 2013, 2014, and minimum2015 allocationfor as-
(1) illustratedBorder inenforcement grants under 49 U.S.C. 31107; and
(2) New entrant audit grants under 49 U.S.C. 31144(g)(5).
(c) FMCSA will add the Tableamount in paragraph (a) of this section to the amount in paragraph (b) of this section, asto follows:calculate the total amount of MCSAP Basic funding.
Table(d) Subject to § 350.323the availability of funding and notwithstanding fluctuations in the data elements used by FMCSA, the initial amounts resulting from the calculation in paragraph (bc)—Basic Programof Fundthis Allocationsection Limitationsshall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for -
Recipient Maximum(1) allocation MinimumMCSAP allocationfunds under 49 U.S.C. 31102;
States(2) Border enforcement grants under 49 U.S.C. 31107; and
(3) PuertoNew Rico 4entrant audit grants under 49 U.944%S.C. of31144(g)(5).
(e) theDistribution of Basic Program Funds for Puerto Rico and the U.S. territories is subject to allocation as follows:
(1) U.S. territories receive a fixed amount of $350,000;
(2) Puerto Rico receives a maximum allocation of 4.944 percent or a minimum allocation of 0.44% ofpercent Basicor Program Funds$350,000, whichever is greater.
U.S.[81 Territories $350FR 71015,000 (fixedOct. amount)14, 2016]

49 CFR § 350.323 — What criteria are used in the Basic Program Funds allocation?. Text in force on January 1, 2017. This wording effective January 1, 2017 to July 24, 2020. Source: eCFR as of January 1, 2017, https://www.ecfr.gov/on/2017-01-01/title-49/section-350.323. Retrieved from FMCSR.com, https://fmcsr.com/reg/350.323?asof=2017-01-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) First, the funds are distributed proportionally to the States using the following four, equally weighted (25 percent), factors.

(1) 1997 Road miles (all highways) as defined by the FHWA.

(2) All vehicle miles traveled (VMT) as defined by the FHWA.

(3) Population - annual census estimates as issued by the U.S. Census Bureau.

(4) Special fuel consumption (net after reciprocity adjustment) as defined by the FHWA.

(b) Next, the FMCSA will average the funding awarded to a State, or other equitable amounts, in fiscal years 2013, 2014, and 2015 for -

(1) Border enforcement grants under 49 U.S.C. 31107; and

(2) New entrant audit grants under 49 U.S.C. 31144(g)(5).

(c) FMCSA will add the amount in paragraph (a) of this section to the amount in paragraph (b) of this section to calculate the total amount of MCSAP Basic funding.

(d) Subject to the availability of funding and notwithstanding fluctuations in the data elements used by FMCSA, the initial amounts resulting from the calculation in paragraph (c) of this section shall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for -

(1) MCSAP funds under 49 U.S.C. 31102;

(2) Border enforcement grants under 49 U.S.C. 31107; and

(3) New entrant audit grants under 49 U.S.C. 31144(g)(5).

(e) Distribution of Basic Program Funds for Puerto Rico and the U.S. territories is subject to allocation as follows:

(1) U.S. territories receive a fixed amount of $350,000;

(2) Puerto Rico receives a maximum allocation of 4.944 percent or a minimum allocation of 0.44 percent or $350,000, whichever is greater.

[81 FR 71015, Oct. 14, 2016]

Amendment history

3 distinct wordings on file since Oct. 1, 2000
  1. Jan. 1, 2017 → July 24, 2020eCFR, day-precisediff vs. previousviewing
    [81 FR 71015, Oct. 14, 2016]
  2. Oct. 1, 2001 → Jan. 1, 2017annual editions 2001–2016diff vs. previous
  3. Oct. 1, 2000 → Oct. 1, 2001annual edition 2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.