geographic area (or areas) for the purpose of detecting drivers
operating motor vehicles while impaired by alcohol and/or other drugs.
    Sobriety checkpoint means a law enforcement activity during which
law enforcement officials stop motor vehicles on a non-discriminatory,
lawful basis for the purpose of determining whether the operators of
such motor vehicles are driving while impaired by alcohol and/or other
drugs.
    Standard offense for driving under the influence of alcohol or
drugs means the offense described in a State's statute that makes it a
criminal offense to operate a motor vehicle while under the influence
of alcohol or drugs, but does not require a measurement of alcohol or
drug content.
    (c) Eligibility determination. A State is eligible to apply for a
grant under this section as a low-range State, a mid-range State or a
high-range State, in accordance with paragraph (d), (e), or (f) of this
section, as applicable. Independent of qualification on the basis of
range, a State may also qualify for separate grants under this section
as a State with an alcohol-ignition interlock law, as provided in
paragraph (g) of this section, or as a State with a 24-7 sobriety
program, as provided in paragraph (h) of this section.
    (d) Qualification criteria for a low-range State. To qualify for an
Impaired Driving Countermeasures Grant in a fiscal year, a low-range
State (as determined by NHTSA) shall submit as part of its HSP the
assurances in Part 3 of Appendix B that--
    (1) The State shall use the funds awarded under 23 U.S.C. 405(d)(1)
only for the implementation and enforcement of programs authorized in
paragraph (j) of this section; and
    (2) The lead State agency responsible for impaired driving programs
shall maintain its aggregate expenditures for impaired driving programs
at or above the average level of such expenditures in fiscal years 2014
and 2015.
    (e) Qualification criteria for a mid-range State. (1) To qualify
for an Impaired Driving Countermeasures Grant in a fiscal year, a mid-
range State (as determined by NHTSA) shall submit as part of its HSP
the assurances required in paragraph (d) of this section and a copy of
a Statewide impaired driving plan that contains the following
information, in accordance with part 3 of appendix B:
    (i) Section that describes the authority and basis for the
operation of the Statewide impaired driving task force, including the
process used to develop and approve the plan and date of approval;
    (ii) List that contains names, titles and organizations of all task
force members, provided that the task force includes key stakeholders
from the State highway safety agency, law enforcement and the criminal
justice system (e.g., prosecution, adjudication, probation) and, as
determined appropriate by the State, representatives from areas such as
24-7 sobriety programs, driver licensing, treatment and rehabilitation,
ignition interlock programs, data and traffic records, public health
and communication;
    (iii) Strategic plan based on the most recent version of Highway
Safety Program Guideline No. 8--Impaired Driving, which, at a minimum,
covers the following--
    (A) Prevention;
    (B) Criminal justice system;
    (C) Communication programs;
    (D) Alcohol and other drug misuse, including screening, treatment,
assessment and rehabilitation; and
    (E) Program evaluation and data.
    (2) Previously submitted plan. A mid-range State that has received
a grant for a previously submitted Statewide impaired driving plan
under paragraph (e)(1) or (f)(1) of this section that was developed and
approved within three years prior to the application due date may, in
lieu of submitting the plan required under paragraph (e)(1) of this
section, submit the assurances required in paragraph (d) of this
section and a separate assurance that the State continues to use the
previously submitted plan.
    (f) Qualification criteria for a high-range State. (1) To qualify
for an Impaired Driving Countermeasures Grant in a fiscal year, a high-
range State (as determined by NHTSA) shall submit as part of its HSP
the assurances required in paragraph (d) of this section, the date of a
NHTSA-facilitated assessment of the State's impaired driving program
conducted within three years prior to the application due date, a copy
of a Statewide impaired driving plan that contains the information
required in paragraphs (e)(1)(i) through (iii) of this section and that
includes the following additional information, in accordance with part
3 of appendix B:
    (i) Review that addresses in each plan area any related
recommendations from the assessment of the State's impaired driving
program;
    (ii) Detailed project list for spending grant funds on impaired
driving activities listed in paragraph (j)(4) of this section that must
include high-visibility enforcement efforts, at the

level of detail required under Sec.  1300.11(d); and
    (iii) Description of how the spending supports the State's impaired
driving program and achievement of its performance targets, at the
level of detail required under Sec.  1300.11(d).
    (2) Previously submitted plans. If a high-range State has received
a grant for a previously submitted Statewide impaired driving plan
under paragraph (f)(1) of this section, in order to receive a grant,
the State may submit the assurances required in paragraph (d) of this
section, and provide updates to its Statewide impaired driving plan
that meet the requirements of paragraphs (e)(1)(i) through (iii) of
this section and updates to its assessment review and spending plan
that meet the requirements of paragraphs (f)(1)(i) through (iii) of
this section.
    (g) Grants to States with Alcohol-Ignition Interlock Laws. (1) To
qualify for a grant, a State shall submit as part of its HSP legal
citation(s), in accordance with part 4 of appendix B, to State statute
demonstrating that the State has enacted and is enforcing a statute
that requires all individuals convicted of driving under the influence
of alcohol or of driving while intoxicated to drive only motor vehicles
with alcohol-ignition interlocks for an authorized period of not less
than 6 months.
    (2) Permitted exceptions. A State statute providing for the
following exceptions, and no others, shall not be deemed out of
compliance with the requirements of paragraph (g)(1) of this section:
    (i) The individual is required to operate an employer's motor
vehicle in the course and scope of employment and the business entity
that owns the vehicle is not owned or controlled by the individual;
    (ii) The individual is certified in writing by a physician as being
unable to provide a deep lung breath sample for analysis by an ignition
interlock device; or
    (iii) A State-certified ignition interlock provider is not
available within 100 miles of the individual's residence.
    (h) Grants to States with a 24-7 Sobriety Program. To qualify for a
grant, a State shall submit the following as part of its HSP, in
accordance with part 5 of appendix B:
    (1) Legal citation(s) to State statute demonstrating that the State
has enacted and is enforcing a statute that requires all individuals
convicted of driving under the influence of alcohol or of driving while
intoxicated to receive a restriction on driving privileges, unless an
exception in paragraph (g)(2) of this section applies, for a period of
not less than 30 days; and
    (2) Legal citation(s) to State statute or submission of State
program information that authorizes a Statewide 24-7 sobriety program.
    (i) Award. (1) The amount available for grants under paragraphs
(d)-(f) of this section shall be determined based on the total amount
of eligible States for these grants and after deduction of the amounts
necessary to fund grants under 23 U.S.C. 405(d)(6).
    (2) The amount available for grants under 23 U.S.C. 405(d)(6)(A)
shall not exceed 12 percent of the total amount made available to
States under 23 U.S.C. 405(d) for the fiscal year.
    (3) The amount available for grants under 23 U.S.C. 405(d)(6)(B)
shall not exceed 3 percent of the total amount made available to States
under 23 U.S.C. 405(d) for the fiscal year.
    (j) Use of grant funds--(1) Eligible uses. Except as provided in
paragraphs (j)(2)-(5) of this section, a State may use grant funds
awarded under 23 U.S.C. 405(d) only for the following programs:
    (i) High-visibility enforcement efforts;
    (ii) Hiring a full-time or part-time impaired driving coordinator
of the State's activities to address the enforcement and adjudication
of laws regarding driving while impaired by alcohol;
    (iii) Court support of high-visibility enforcement efforts,
training and education of criminal justice professionals (including law
enforcement, prosecutors, judges, and probation officers) to assist
such professionals in handling impaired driving cases, hiring traffic
safety resource prosecutors, hiring judicial outreach liaisons, and
establishing driving while intoxicated courts;
    (iv) Alcohol ignition interlock programs;
    (v) Improving blood-alcohol concentration testing and reporting;
    (vi) Paid and earned media in support of high-visibility
enforcement of impaired driving laws, and conducting standardized field
sobriety training, advanced roadside impaired driving evaluation
training, and drug recognition expert training for law enforcement, and
equipment and related expenditures used in connection with impaired
driving enforcement;
    (vii) Training on the use of alcohol and drug screening and brief
intervention;
    (viii) Training for and implementation of impaired driving
assessment programs or other tools designed to increase the probability
of identifying the recidivism risk of a person convicted of driving
under the influence of alcohol, drugs, or a combination of alcohol and
drugs and to determine the most effective mental health or substance
abuse treatment or sanction that will reduce such risk;
    (ix) Developing impaired driving information systems; or
    (x) Costs associated with a 24-7 sobriety program.
    (2) Special rule--low-range States. Notwithstanding paragraph
(j)(1) of this section, a State that qualifies for grant funds as a
low-range State may elect to use--
    (i) Grant funds awarded under 23 U.S.C. 405(d) for programs
designed to reduce impaired driving based on problem identification, in
accordance with Sec.  1300.11; and
    (ii) Up to 50 percent of grant funds awarded under 23 U.S.C. 405(d)
for any eligible project or activity under Section 402.
    (3) Special rule--mid-range States. Notwithstanding paragraph
(j)(1) of this section, a State that qualifies for grant funds as a
mid-range State may elect to use grant funds awarded under 23 U.S.C.
405(d) for programs designed to reduce impaired driving based on
problem identification in accordance with Sec.  1300.11, provided the
State receives advance approval from NHTSA.
    (4) Special rule--high-range States. Notwithstanding paragraph
(j)(1) of this section, a high-range State may use grant funds awarded
under 23 U.S.C. 405(d) only for--
    (i) High-visibility enforcement efforts; and
    (ii) Any of the eligible uses described in paragraph (j)(1) of this
section or programs designed to reduce impaired driving based on
problem identification, in accordance with Sec.  1300.11, if all
proposed uses are described in a Statewide impaired driving plan
submitted to and approved by NHTSA in accordance with paragraph (f) of
this section.
    (5) Special rule--States with Alcohol-Ignition Interlock Laws or
24-7 Sobriety Programs. Notwithstanding paragraph (j)(1) of this
section, a State may elect to use grant funds awarded under 23 U.S.C.
405(d)(6) for any eligible project or activity under Section 402.

Sec.  1300.24  Distracted driving grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(e), for awarding grants to States that enact and enforce
a statute prohibiting distracted driving.
    (b) Definitions. As used in this section--
    Driving means operating a motor vehicle on a public road, and does
not

include operating a motor vehicle when the vehicle has pulled over to
the side of, or off, an active roadway and has stopped in a location
where it can safely remain stationary.
    Texting means reading from or manually entering data into a
personal wireless communications device, including doing so for the
purpose of SMS texting, emailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.
    (c) Qualification criteria for a Comprehensive Distracted Driving
Grant. To qualify for a Comprehensive Distracted Driving Grant in a
fiscal year, a State shall submit as part of its HSP, in accordance
with Part 6 of Appendix B--
    (1) Sample distracted driving questions from the State's driver's
license examination; and
    (2) Legal citations to the State statute demonstrating compliance
with the following requirements:
    (i) Prohibition on texting while driving. The State statute shall--
    (A) Prohibit all drivers from texting through a personal wireless
communications device while driving;
    (B) Make a violation of the statute a primary offense;
    (C) Establish a minimum fine of $25 for a violation of the statute;
and
    (D) Not include an exemption that specifically allows a driver to
text through a personal wireless communication device while stopped in
traffic.
    (ii) Prohibition on youth cell phone use while driving. The State
statute shall--
    (A) Prohibit a driver who is younger than 18 years of age or in the
learner's permit or intermediate license stage set forth in Sec.
1300.26(d) and (e) from using a personal wireless communications device
while driving;
    (B) Make a violation of the statute a primary offense;
    (C) Establish a minimum fine of $25 for a violation of the statute;
and
    (D) Not include an exemption that specifically allows a driver to
text through a personal wireless communication device while stopped in
traffic.
    (iii) Permitted exceptions. A State statute providing for the
following exceptions, and no others, shall not be deemed out of
compliance with the requirements of this section:
    (A) A driver who uses a personal wireless communications device to
contact emergency services;
    (B) Emergency services personnel who use a personal wireless
communications device while operating an emergency services vehicle and
engaged in the performance of their duties as emergency services
personnel; or
    (C) An individual employed as a commercial motor vehicle driver or
a school bus driver who uses a personal wireless communications device
within the scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to 49 U.S.C.
31136.
    (d) Use of funds for Comprehensive Distracted Driving Grants. (1)
Eligible uses. Except as provided in paragraphs (d)(2) and (3) of this
section, a State may use grant funds awarded under 23 U.S.C. 405(e)(1)
only to educate the public through advertising that contains
information about the dangers of texting or using a cell phone while
driving, for traffic signs that notify drivers about the distracted
driving law of the State, or for law enforcement costs related to the
enforcement of the distracted driving law.
    (2) Special rule. Notwithstanding paragraph (d)(1) of this section,
a State may elect to use up to 50 percent of the grant funds awarded
under 23 U.S.C. 405(e)(1) for any eligible project or activity under
Section 402.
    (3) Special rule--MMUCC conforming States. Notwithstanding
paragraphs (d)(1) and (2) of this section, a State may also use up to
75 percent of amounts received under 23 U.S.C. 405(e)(1) for any
eligible project or activity under Section 402 if the State has
conformed its distracted driving data to the most recent Model Minimum
Uniform Crash Criteria (MMUCC). To demonstrate conformance with MMUCC,
the State shall submit within 30 days after notification of award, the
NHTSA-developed MMUCC Mapping spreadsheet, as described in ``Mapping to
MMUCC: A process for comparing police crash reports and state crash
databases to the Model Minimum Uniform Crash Criteria'' (DOT HS 812
184), as updated.
    (e) Qualification criteria for Special Distracted Driving Grants.
For fiscal years 2017 and 2018, to qualify for a Special Distracted
Driving Grant, a State shall submit as part of its HSP the legal
citations to the State statute demonstrating compliance with the
following requirements, in accordance with part 6 of appendix B:
    (1) For fiscal year 2017--
    (i) The State has enacted and is enforcing a basic text messaging
statute that applies to drivers of all ages;
    (ii) The State statute makes a violation of the basic text
messaging statute a primary or secondary offense; and
    (iii) The State is not eligible for a Comprehensive Distracted
Driving Grant under paragraph (c) of this section.
    (2) For fiscal year 2018--
    (i) The State has enacted and is enforcing a basic text messaging
statute that applies to drivers of all ages;
    (ii) The State statute makes a violation of the basic text
messaging statute a primary offense;
    (iii) The State imposes a fine for a violation of the basic text
messaging statute;
    (iv) The State has enacted and is enforcing a statute that
prohibits drivers under the age of 18 from using a personal wireless
communications device while driving; and
    (v) The State is not eligible for a Comprehensive Distracted
Driving Grant under paragraph (c) of this section.
    (3) For purposes of this paragraph (e), ``basic text messaging
statute'' means a statute that prohibits a driver, for the purpose of
written communication, from manually inputting or reading from an
electronic device while driving.
    (4) Use of grant funds for Special Distracted Driving Grants--(i)
Eligible uses. Except as provided in paragraph (e)(4)(ii) of this
section, a State may use grant funds awarded under 23 U.S.C. 405(e)(6)
only for activities related to the enforcement of distracted driving
laws, including public information and awareness.
    (ii) Special rule. Notwithstanding paragraph (e)(4)(i) of this
section--
    (A) In fiscal year 2017, a State may elect to use up to 15 percent
of grant funds awarded under 23 U.S.C. 405(e)(6) for any eligible
project or activity under Section 402.
    (B) In fiscal year 2018, a State may elect to use up to 25 percent
of grant funds awarded under 23 U.S.C. 405(e)(6) for any eligible
project or activity under Section 402.
    (f) Award. (1) The amount available for grants under paragraph
(c)(1) of this section shall be determined after deduction of the
amounts necessary to fund grants under 23 U.S.C. 405(e)(6).
    (ii) The amount available for grants under 23 U.S.C. 405(e)(6)
shall not exceed 25 percent of the total amount made available to
States under 23 U.S.C. 405(e) for fiscal years 2017 and 2018.

Sec.  1300.25  Motorcyclist safety grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(f), for awarding grants to States that adopt and
implement effective programs to reduce the number of single-vehicle and
multiple-vehicle crashes involving motorcyclists.
    (b) Definitions. As used in this section--

    Data State means a State that does not have a statute or regulation
requiring that all fees collected by the State from motorcyclists for
the purposes of funding motorcycle training and safety programs are to
be used for motorcycle training and safety programs but can show
through data and/or documentation from official records that all fees
collected by the State from motorcyclists for the purposes of funding
motorcycle training and safety programs were, in fact, used for
motorcycle training and safety programs, without diversion.
    Impaired means alcohol-impaired or drug-impaired as defined by
State law, provided that the State's legal alcohol-impairment level
does not exceed .08 BAC.
    Law State means a State that has a statute or regulation requiring
that all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs are to be
used for motorcycle training and safety programs an no statute or
regulation diverting any of those fees.
    Motorcycle means a motor vehicle with motive power having a seat or
saddle for the use of the rider and designed to travel on not more than
three wheels in contact with the ground.
    State means any of the 50 States, the District of Columbia, and
Puerto Rico.
    (c) Eligibility. The 50 States, the District of Columbia and Puerto
Rico are eligible to apply for a Motorcyclist Safety Grant.
    (d) Qualification criteria. To qualify for a Motorcyclist Safety
Grant in a fiscal year, a State shall submit as part of its HSP
documentation demonstrating compliance with at least two of the
criteria in paragraphs (e) through (j) of this section.
    (e) Motorcycle rider training course. A State shall have an
effective motorcycle rider training course that is offered throughout
the State and that provides a formal program of instruction in accident
avoidance and other safety-oriented operational skills to
motorcyclists. To demonstrate compliance with this criterion, the State
shall submit, in accordance with part 7 of appendix B--
    (1) A certification identifying the head of the designated State
authority over motorcyclist safety issues and stating that the head of
the designated State authority over motorcyclist safety issues has
approved and the State has adopted one of the following introductory
rider curricula:
    (i) Motorcycle Safety Foundation Basic Rider Course;
    (ii) TEAM OREGON Basic Rider Training;
    (iii) Idaho STAR Basic I;
    (iv) California Motorcyclist Safety Program Motorcyclist Training
Course;
    (v) A curriculum that has been approved by the designated State
authority and NHTSA as meeting NHTSA's Model National Standards for
Entry-Level Motorcycle Rider Training; and
    (2) A list of the counties or political subdivisions in the State
where motorcycle rider training courses will be conducted during the
fiscal year of the grant and the number of registered motorcycles in
each such county or political subdivision according to official State
motor vehicle records, provided that the State must offer at least one
motorcycle rider training course in counties or political subdivisions
that collectively account for a majority of the State's registered
motorcycles.
    (f) Motorcyclist awareness program. A State shall have an effective
Statewide program to enhance motorist awareness of the presence of
motorcyclists on or near roadways and safe driving practices that avoid
injuries to motorcyclists. To demonstrate compliance with this
criterion, the State shall submit, in accordance with part 7 of
appendix B--
    (1) A certification identifying head of the designated State
authority over motorcyclist safety issues and stating that the State's
motorcyclist awareness program was developed by or in coordination with
the designated State authority over motorcyclist safety issues; and
    (2) One or more performance measures and corresponding performance
targets developed for motorcycle awareness at the level of detail
required under Sec.  1300.11(c) that identifies, using State crash
data, the counties or political subdivisions within the State with the
highest number of motorcycle crashes involving a motorcycle and another
motor vehicle. Such data shall be from the most recent calendar year
for which final State crash data is available, but data no older than
three calendar years prior to the application due date (e.g., for a
grant application submitted on July 1, 2016, a State shall provide
calendar year 2015 data, if available, and may not provide data older
than calendar year 2013); and
    (3) Countermeasure strategies and projects, at the level of detail
required under Sec.  1300.11(d), demonstrating that the State will
implement data-driven programs in a majority of counties or political
subdivisions where there is at least one motorcycle crash causing a
serious or fatal injury. The State shall select countermeasure
strategies and projects to address the State's motorcycle safety
problem areas in order to meet the performance targets identified in
paragraph (f)(2) of this section.
    (g) Reduction of fatalities and crashes involving motorcycles. A
State shall demonstrate a reduction for the preceding calendar year in
the number of motorcyclist fatalities and in the rate of motor vehicle
crashes involving motorcycles in the State (expressed as a function of
10,000 registered motorcycle registrations), as computed by NHTSA. To
demonstrate compliance a State shall in accordance with part 7 of
appendix B--
    (1) Submit in its HSP State data showing the total number of motor
vehicle crashes involving motorcycles in the State for the most recent
calendar year for which final State crash data is available, but data
no older than three calendar years prior to the application due date
and the same type of data for the calendar year immediately prior to
that calendar year (e.g., for a grant application submitted on July 1,
2016, the State shall submit calendar year 2014 data and 2013 data, if
both data are available, and may not provide data older than calendar
year 2013 and 2012, to determine the rate);
    (2) Experience a reduction of at least one in the number of
motorcyclist fatalities for the most recent calendar year for which
final FARS data is available as compared to the final FARS data for the
calendar year immediately prior to that year; and
    (3) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of crashes
involving motorcycles for the most recent calendar year for which final
State crash data is available, but data no older than three calendar
years prior to the application due date, as compared to the calendar
year immediately prior to that year.
    (h) Impaired driving program. A State shall implement a Statewide
program to reduce impaired driving, including specific measures to
reduce impaired motorcycle operation. The State shall submit, in
accordance with part 7 of appendix B--
    (1) One or more performance measures and corresponding performance
targets developed to reduce impaired motorcycle operation at the level
of detail required under Sec.  1300.11(c). Each performance measure and
performance target shall identify

the impaired motorcycle operation problem area to be addressed. Problem
identification must include an analysis of motorcycle crashes involving
an impaired operator by county or political subdivision in the State;
and
    (2) Countermeasure strategies and projects, at the level of detail
required under Sec.  1300.11(d), demonstrating that the State will
implement data-driven programs designed to reach motorcyclists in those
jurisdictions where the incidence of motorcycle crashes involving an
impaired operator is highest (i.e., the majority of counties or
political subdivisions in the State with the highest numbers of
motorcycle crashes involving an impaired operator) based upon State
data. Such data shall be from the most recent calendar year for which
final State crash data is available, but data no older than three
calendar years prior to the application due date (e.g., for a grant
application submitted on July 1, 2016, a State shall provide calendar
year 2014 data, if available, and may not provide data older than
calendar year 2013). Countermeasure strategies and projects shall
prioritize the State's impaired motorcycle problem areas to meet the
performance targets identified in paragraph (h)(1) of this section.
    (i) Reduction of fatalities and accidents involving impaired
motorcyclists. A State shall demonstrate a reduction for the preceding
calendar year in the number of fatalities and in the rate of reported
crashes involving alcohol-impaired and drug-impaired motorcycle
operators (expressed as a function of 10,000 motorcycle registrations),
as computed by NHTSA. The State shall, in accordance with part 7 of
appendix B--
    (1) Submit in its HSP State data showing the total number of
reported crashes involving alcohol- and drug-impaired motorcycle
operators in the State for the most recent calendar year for which
final State crash data is available, but data no older than three
calendar years prior to the application due date and the same type of
data for the calendar year immediately prior to that year (e.g., for a
grant application submitted on July 1, 2016, the State shall submit
calendar year 2014 data and 2013 data, if both data are available, and
may not provide data older than calendar year 2013 and 2012, to
determine the rate);
    (2) Experience a reduction of at least one in the number of
fatalities involving alcohol-impaired and drug-impaired motorcycle
operators for the most recent calendar year for which final FARS data
is available as compared to the final FARS data for the calendar year
immediately prior to that year; and
    (3) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of reported
crashes involving alcohol-and drug-impaired motorcycle operators for
the most recent calendar year for which final State crash data is
available, but data no older than three calendar years prior to the
application due date, as compared to the calendar year immediately
prior to that year.
    (j) Use of fees collected from motorcyclists for motorcycle
programs. A State shall have a process under which all fees collected
by the State from motorcyclists for the purposes of funding motorcycle
training and safety programs are used for motorcycle training and
safety programs. A State may qualify under this criterion as either a
Law State or a Data State.
    (1) To demonstrate compliance as a Law State, the State shall
submit, in accordance with part 7 of appendix B, the legal citation to
the statutes or regulations requiring that all fees collected by the
State from motorcyclists for the purposes of funding motorcycle
training and safety programs are to be used for motorcycle training and
safety programs and the legal citations to the State's current fiscal
year appropriation (or preceding fiscal year appropriation, if the
State has not enacted a law at the time of the State's application)
appropriating all such fees to motorcycle training and safety programs.
    (2) To demonstrate compliance as a Data State, the State shall
submit, in accordance with part 7 of appendix B, data or documentation
from official records from the previous State fiscal year showing that
all fees collected by the State from motorcyclists for the purposes of
funding motorcycle training and safety programs were, in fact, used for
motorcycle training and safety programs. Such data or documentation
shall show that revenues collected for the purposes of funding
motorcycle training and safety programs were placed into a distinct
account and expended only for motorcycle training and safety programs.
    (k) Award limitation. A grant awarded under 23 U.S.C. 405(f) may
not exceed 25 percent of the amount apportioned to the State for fiscal
year 2009 under Section 402.
    (l) Use of grant funds--(1) Eligible uses. Except as provided in
paragraph (l)(2) of this section, a State may use grant funds awarded
under 23 U.S.C. 405(f) only for motorcyclist safety training and
motorcyclist awareness programs, including--
    (i) Improvements to motorcyclist safety training curricula;
    (ii) Improvements in program delivery of motorcycle training to
both urban and rural areas, including--
    (A) Procurement or repair of practice motorcycles;
    (B) Instructional materials;
    (C) Mobile training units; and
    (D) Leasing or purchasing facilities for closed-course motorcycle
skill training;
    (iii) Measures designed to increase the recruitment or retention of
motorcyclist safety training instructors; or
    (iv) Public awareness, public service announcements, and other
outreach programs to enhance driver awareness of motorcyclists,
including ``share-the-road'' safety messages developed using Share-the-
Road model language available on NHTSA's Web site at http://www.trafficsafetymarketing.gov.
    (2) Special rule--low fatality States. Notwithstanding paragraph
(l)(1) of this section, a State may elect to use up to 50 percent of
grant funds awarded under 23 U.S.C. 405(f) for any eligible project or
activity under Section 402 if the State is in the lowest 25 percent of
all States for motorcycle deaths per 10,000 motorcycle registrations
(using FHWA motorcycle registration data) based on the most recent
calendar year for which final FARS data is available, as determined by
NHTSA.
    (3) Suballocation of funds. A State that receives a grant under
this section may suballocate funds from the grant to a nonprofit
organization incorporated in that State to carry out grant activities
under this section.

Sec.  1300.26  State graduated driver licensing incentive grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(g), for awarding grants to States that adopt and
implement a graduated driver's licensing statute that requires novice
drivers younger than 18 years of age to comply with a 2-stage licensing
process prior to receiving an unrestricted driver's license.
    (b) Definitions. As used in this section--
    Driving-related offense means any offense under State or local law
relating to the use or operation of a motor vehicle, including but not
limited to driving while intoxicated, reckless driving, driving without
wearing a seat belt, child restraint violation, speeding, prohibited
use of a personal wireless communications device, violation of the
driving-related restrictions applicable to the stages of the graduated
driver's

licensing process set forth in paragraphs (d) and (e) of this section,
and moving violations. The term does not include offenses related to
motor vehicle registration, insurance, parking, or the presence or
functionality of motor vehicle equipment.
    Licensed driver means an individual who possesses a valid
unrestricted driver's license.
    Unrestricted driver's license means full, non-provisional driver's
licensure to operate a motor vehicle on public roadways.
    (c) Qualification criteria--General. To qualify for a State
Graduated Driver Licensing Incentive Grant in a fiscal year, a State
shall provide as part of its HSP legal citations to the State statute
demonstrating compliance with the requirements provided in paragraphs
(d) and (e) of this section, in accordance with in part 8 of appendix
B.
    (d) Learner's permit stage. A State's graduated driver's licensing
statute shall include a learner's permit stage that--
    (1) Applies to any driver, prior to being issued by the State any
permit, license, or endorsement to operate a motor vehicle on public
roadways other than a learner's permit, who--
    (i) Is younger than 18 years of age; and
    (ii) Has not been issued an intermediate license or unrestricted
driver's license by any State;
    (2) Commences only after an applicant for a learner's permit passes
a vision test and a knowledge assessment (e.g., written or
computerized) covering the rules of the road, signs, and signals;
    (3) Is in effect for a period of at least 6 months, and remains in
effect until the learner's permit holder--
    (i) Reaches at least 16 years of age and enters the intermediate
stage; or
    (ii) Reaches 18 years of age;
    (4) Requires the learner's permit holder to be accompanied and
supervised, at all times while operating a motor vehicle, by a licensed
driver who is at least 21 years of age or is a State-certified driving
instructor;
    (5) Requires the learner's permit holder to either--
    (i) Complete a State-certified driver education or training course;
or
    (ii) Receive at least 50 hours of behind-the-wheel training, with
at least 10 of those hours at night, with a licensed driver who is at
least 21 years of age or is a State-certified driving instructor;
    (6) Prohibits the learner's permit holder from using a personal
wireless communications device while driving (as defined in Sec.
1300.24(b)) except as permitted under Sec.  1300.24(c)(2)(iii),
provided that the State's statute--
    (i) Makes a violation of the prohibition a primary offense; and
    (ii) Does not include an exemption that specifically allows a
driver to text through a personal wireless communication device while
stopped in traffic; and
    (7) Requires that, in addition to any other penalties imposed by
State statute, the duration of the learner's permit stage be extended
if the learner's permit holder is convicted of a driving-related
offense or misrepresentation of a driver's true age during at least the
first 6 months of that stage.
    (e) Intermediate stage. A State's graduated driver's licensing
statute shall include an intermediate stage that--
    (1) Commences--
    (i) After an applicant younger than 18 years of age successfully
completes the learner's permit stage;
    (ii) Prior to the applicant being issued by the State another
permit, license, or endorsement to operate a motor vehicle on public
roadways other than an intermediate license; and
    (iii) Only after the applicant passes a behind-the-wheel driving
skills assessment;
    (2) Is in effect for a period of at least 6 months, and remains in
effect until the intermediate license holder reaches at least 17 years
of age;
    (3) Requires the intermediate license holder to be accompanied and
supervised, while operating a motor vehicle between the hours of 10:00
p.m. and 5:00 a.m. during the first 6 months of the intermediate stage,
by a licensed driver who is at least 21 years of age or is a State-
certified driving instructor, except when operating a motor vehicle for
the purposes of work, school, religious activities, or emergencies;
    (4) Prohibits the intermediate license holder from operating a
motor vehicle with more than 1 nonfamilial passenger younger than 21
years of age unless a licensed driver who is at least 21 years of age
or is a State-certified driving instructor is in the motor vehicle;
    (5) Prohibits the intermediate license holder from using a personal
wireless communications device while driving (as defined in Sec.
1300.24(b)) except as permitted under Sec.  1300.24(c)(2)(iii),
provided that the State's statute--
    (i) Makes a violation of the prohibition a primary offense; and
    (ii) Does not include an exemption that specifically allows a
driver to text through a personal wireless communication device while
stopped in traffic; and
    (6) Requires that, in addition to any other penalties imposed by
State statute, the duration of the intermediate stage be extended if
the intermediate license holder is convicted of a driving-related
offense or misrepresentation of a driver's true age during at least the
first 6 months of that stage.
    (f) Exceptions. A State that otherwise meets the minimum
requirements set forth in paragraphs (d) and (e) of this section will
not be deemed ineligible for a grant under this section if--
    (1) The State enacted a statute prior to January 1, 2011,
establishing a class of permit or license that allows drivers younger
than 18 years of age to operate a motor vehicle--
    (i) In connection with work performed on, or for the operation of,
a farm owned by family members who are directly related to the
applicant or licensee; or
    (ii) If demonstrable hardship would result from the denial of a
license to the licensee or applicant, provided that the State requires
the applicant or licensee to affirmatively and adequately demonstrate
unique undue hardship to the individual; and
    (2) A driver younger than 18 years of age who possesses only the
permit or license described in paragraph (f)(1) of this section and
applies for any other permit, license, or endorsement to operate a
motor vehicle is subject to the graduated driver's licensing
requirements of paragraphs (d) and (e) of this section and is required
to begin with the learner's permit stage.
    (g) Award determination. Subject to Sec.  1300.20(e)(2), the amount
of a grant award to a State in a fiscal year under 23 U.S.C. 405(g)
shall be in proportion to the amount each such State received under
Section 402 for that fiscal year.
    (h) Use of grant funds--(1) Eligible uses. Except as provided in
paragraphs (h)(2) and (3), a State may use grant funds awarded under 23
U.S.C. 405(g) only as follows:
    (i) To enforce the State's graduated driver's licensing process;
    (ii) To provide training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement of the
State's graduated driver's licensing process;
    (iii) To publish relevant educational materials that pertain
directly or indirectly to the State's graduated driver's licensing law;
    (iv) To carry out administrative activities to implement the
State's graduated driver's licensing process; or
    (v) To carry out a teen traffic safety program described in 23
U.S.C. 402(m).
    (2) Special rule. Notwithstanding paragraph (h)(1) of this section,
a State may elect to use up to 75 percent of the grant funds awarded
under 23 U.S.C. 405(g) for any eligible project or activity under
Section 402.
    (3) Special rule--low fatality States. Notwithstanding paragraphs
(h)(1) and (2) of this section, a State may elect to

use up to 100 percent of the grant funds awarded under 23 U.S.C. 405(g)
for any eligible project or activity under Section 402 if the State is
in the lowest 25 percent of all States for the number of drivers under
age 18 involved in fatal crashes in the State as a percentage of the
total number of drivers under age 18 in the State, as determined by
NHTSA.

Sec.  1300.27  Nonmotorized safety grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(h), for awarding grants to States for the purpose of
decreasing pedestrian and bicyclist fatalities and injuries that result
from crashes involving a motor vehicle.
    (b) Eligibility determination. A State is eligible for a grant
under this section if the State's annual combined pedestrian and
bicyclist fatalities exceed 15 percent of the State's total annual
crash fatalities based on the most recent calendar year for which final
FARS data is available, as determined by NHTSA.
    (c) Qualification criteria. To qualify for a Nonmotorized Safety
Grant in a fiscal year, a State meeting the eligibility requirements of
paragraph (b) of this section shall submit as part of its HSP the
assurances that the State shall use the funds awarded under 23 U.S.C.
405(h) only for the authorized uses identified in paragraph (d) of this
section, in accordance with part 9 of appendix B.
    (d) Use of grant funds. A State may use grant funds awarded under
23 U.S.C. 405(h) only for--
    (1) Training of law enforcement officials on State laws applicable
to pedestrian and bicycle safety;
    (2) Enforcement mobilizations and campaigns designed to enforce
State traffic laws applicable to pedestrian and bicycle safety; or
    (3) Public education and awareness programs designed to inform
motorists, pedestrians, and bicyclists of State traffic laws applicable
to pedestrian and bicycle safety.

Sec.  1300.28  Racial profiling data collection grants.

    (a) Purpose. This section establishes criteria, in accordance with
Section 1906, for incentive grants to encourage States to maintain and
allow public inspection of statistical information on the race and
ethnicity of the driver for all motor vehicle stops made on all public
roads except those classified as local or minor rural roads.
    (b) Qualification criteria. To qualify for a Racial Profiling Data
Collection Grant in a fiscal year, a State shall submit as part of its
HSP, in accordance with in part 10 of appendix B--
    (1) Official documents (i.e., a law, regulation, binding policy
directive, letter from the Governor or court order) that demonstrate
that the State maintains and allows public inspection of statistical
information on the race and ethnicity of the driver for each motor
vehicle stop made by a law enforcement officer on all public roads
except those classified as local or minor rural roads; or
    (2) The assurances that the State will undertake activities during
the fiscal year of the grant to comply with the requirements of
paragraph (b)(1) of this section and a list of one or more projects in
its HSP to support the assurances.
    (c) Limitation. (1) On or after October 1, 2015, a State may not
receive a grant under paragraph (b)(2) of this section in more than 2
fiscal years.
    (2) Notwithstanding Sec.  1300.20(e)(2), the total amount of a
grant awarded to a State under this section in a fiscal year may not
exceed 5 percent of the funds available under this section in the
fiscal year.
    (d) Use of grant funds. A State may use grant funds awarded under
Section 1906 only for the costs of--
    (1) Collecting and maintaining data on traffic stops; or
    (2) Evaluating the results of the data.

Subpart D--Administration of the Highway Safety Grants

Sec.  1300.30  General.

    Subject to the provisions of this subpart, the requirements of 2
CFR parts 200 and 1201 govern the implementation and management of
State highway safety programs and projects carried out under 23 U.S.C.
Chapter 4 and Section 1906.

Sec.  1300.31  Equipment.

    (a) Title. Except as provided in paragraphs (e) and (f) of this
section, title to equipment acquired under 23 U.S.C. Chapter 4 and
Section 1906 will vest upon acquisition in the State or its
subrecipient, as appropriate, subject to the conditions in paragraphs
(b) through (d) of this section.
    (b) Use. All equipment shall be used for the originally authorized
grant purposes for as long as needed for those purposes, as determined
by the Regional Administrator, and neither the State nor any of its
subrecipients or contractors shall encumber the title or interest while
such need exists.
    (c) Management and disposition. Subject to the requirements of
paragraphs (b), (d), (e), and (f) of this section, States and their
subrecipients and contractors shall manage and dispose of equipment
acquired under 23 U.S.C. Chapter 4 and Section 1906 in accordance with
State laws and procedures.
    (d) Major purchases and dispositions. Equipment with a useful life
of more than one year and an acquisition cost of $5,000 or more shall
be subject to the following requirements--
    (1) Purchases shall receive prior written approval from the
Regional Administrator;
    (2) Dispositions shall receive prior written approval from the
Regional Administrator unless the equipment has exceeded its useful
life as determined under State law and procedures.
    (e) Right to transfer title. The Regional Administrator may reserve
the right to transfer title to equipment acquired under this part to
the Federal Government or to a third party when such third party is
eligible under Federal statute. Any such transfer shall be subject to
the following requirements:
    (1) The equipment shall be identified in the grant or otherwise
made known to the State in writing;
    (2) The Regional Administrator shall issue disposition instructions
within 120 calendar days after the equipment is determined to be no
longer needed for highway safety purposes, in the absence of which the
State shall follow the applicable procedures in 2 CFR parts 200 and
1201.
    (f) Federally-owned equipment. In the event a State or its
subrecipient is provided Federally-owned equipment:
    (1) Title shall remain vested in the Federal Government;
    (2) Management shall be in accordance with Federal rules and
procedures, and an annual inventory listing shall be submitted by the
State;
    (3) The State or its subrecipient shall request disposition
instructions from the Regional Administrator when the item is no longer
needed for highway safety purposes.

Sec.  1300.32  Amendments to Highway Safety Plans--approval by the
Regional Administrator.

    During the fiscal year of the grant, States may amend the HSP,
except performance targets, after approval under Sec.  1300.14. States
shall document changes to the HSP electronically, including project
information. Such changes are subject to approval by the Regional
Administrator. The Regional Administrator must approve changes in the
HSP before reimbursement of vouchers related to such changes.

Sec.  1300.33  Vouchers and project agreements.

    (a) General. Each State shall submit official vouchers for expenses
incurred to the Regional Administrator.
    (b) Content of vouchers. At a minimum, each voucher shall provide
the following information for expenses:
    (1) Project numbers for which expenses were incurred and for which
reimbursement is being sought;
    (2) Amount of Federal funds for reimbursement;
    (3) Amount of Federal funds allocated to local benefit (provided no
less than mid-year (by March 31) and with the final voucher);
    (4) Amount of indirect cost;
    (5) Amount of Planning and Administration costs;
    (6) Matching rate (or special matching writeoff used, i.e., sliding
scale rate authorized under 23 U.S.C. 120); and
    (7) Program funding code.
    (c) Project agreements. Copies of each project agreement for which
expenses are being claimed under the voucher (and supporting
documentation for the vouchers) shall be made promptly available for
review by the Regional Administrator upon request. Each project
agreement shall bear the project number to allow the Regional
Administrator to match the voucher to the corresponding activity.
    (d) Submission requirements. At a minimum, vouchers shall be
submitted to the Regional Administrator on a quarterly basis, no later
than 15 working days after the end of each quarter, except that where a
State receives funds by electronic transfer at an annualized rate of
one million dollars or more, vouchers shall be submitted on a monthly
basis, no later than 15 working days after the end of each month. A
final voucher for the fiscal year shall be submitted to the Regional
Administrator no later than 90 days after the end of the fiscal year,
and all unexpended balances shall be carried forward to the next fiscal
year.
    (e) Reimbursement. (1) Failure to provide the information specified
in paragraph (b) of this section shall result in rejection of the
voucher.
    (2) Failure to meet the deadlines specified in paragraph (d) of
this section may result in delayed reimbursement.
    (3) Vouchers that request reimbursement for projects whose project
numbers or amounts claimed do not match the projects or exceed the
estimated amount of Federal funds provided under Sec.  1300.11(d) or
amended under Sec.  1300.32, shall be rejected, in whole or in part,
until an amended project and/or estimated amount of Federal funds is
submitted to and approved by the Regional Administrator in accordance
with Sec.  1300.32.

Sec.  1300.34  [Reserved].

Sec.  1300.35  Annual report.

    Within 90 days after the end of the fiscal year, each State shall
submit electronically an Annual Report providing--
    (a) An assessment of the State's progress in achieving performance
targets identified in the prior year HSP;
    (b) A description of the projects and activities funded and
implemented along with the amount of Federal funds obligated and
expended under the prior year HSP;
    (c) A description of the State's evidence-based enforcement program
activities;
    (d) An explanation of reasons for projects that were not
implemented; and
    (e) A description of how the projects funded under the prior year
HSP contributed to meeting the State's highway safety performance
targets.

Sec.  1300.36  Appeals of written decision by a Regional Administrator.

    The State shall submit an appeal of any written decision by a
Regional Administrator regarding the administration of the grants in
writing, signed by the Governor's Representative for Highway Safety, to
the Regional Administrator. The Regional Administrator shall promptly
forward the appeal to the NHTSA Associate Administrator, Regional
Operations and Program Delivery. The decision of the NHTSA Associate
Administrator shall be final and shall be transmitted to the Governor's
Representative for Highway Safety through the Regional Administrator.

Subpart E--Annual Reconciliation

Sec.  1300.40  Expiration of the Highway Safety Plan.

    (a) The State's Highway Safety Plan for a fiscal year and the
State's authority to incur costs under that HSP shall expire on the
last day of the fiscal year.
    (b) Except as provided in paragraph (c) of this section, each State
shall submit a final voucher which satisfies the requirements of Sec.
1300.33(b) within 90 days after the expiration of the State's HSP. The
final voucher constitutes the final financial reconciliation for each
fiscal year.
    (c) The Regional Administrator may extend the time period for no
more than 30 days to submit a final voucher only in extraordinary
circumstances. States shall submit a written request for an extension
describing the extraordinary circumstances that necessitate an
extension. The approval of any such request for extension shall be in
writing, shall specify the new deadline for submitting the final
voucher, and shall be signed by the Regional Administrator.

Sec.  1300.41  Disposition of unexpended balances.

    (a) Carry-forward balances. Except as provided in paragraph (b) of
this section, grant funds that remain unexpended at the end of a fiscal
year and the expiration of a Highway Safety Plan shall be credited to
the State's highway safety account for the new fiscal year, and made
immediately available for use by the State, provided the following
requirements are met:
    (1) The State's new Highway Safety Plan has been approved by the
Regional Administrator pursuant to Sec.  1300.14 of this part,
including any amendments to the HSP pursuant to Sec.  1300.32; and
    (2) The State has assigned all available 23 U.S.C. Chapter 4 and
Section 1906 funds to specific project agreements, including project
numbers.
    (b) Deobligation of funds. (1) Except as provided in paragraph
(b)(2) of this section, unexpended grant funds shall not be available
for expenditure beyond the period of three years after the last day of
the fiscal year of apportionment or allocation.
    (2) NHTSA shall notify States of any such unexpended grant funds no
later than 180 days prior to the end of the period of availability
specified in paragraph (b)(1) of this section and inform States of the
deadline for commitment. States may commit such unexpended grant funds
to a specific project by the specified deadline, and shall provide
documentary evidence of that commitment, including a copy of an
executed project agreement, to the Regional Administrator.
    (3) Grant funds committed to a specific project in accordance with
paragraph (b)(2) of this section shall remain committed to that project
and must be expended by the end of the succeeding fiscal year. The
final voucher for that project shall be submitted within 90 days after
the end of that fiscal year.
    (4) NHTSA shall deobligate unexpended balances at the end of the
time period in paragraph (b)(1) or (3) of this section, whichever is
applicable, and the funds shall lapse.

Sec.  1300.42  Post-grant adjustments.

    The expiration of a Highway Safety Plan does not affect the ability
of NHTSA to disallow costs and recover funds on the basis of a later
audit or

other review or the State's obligation to return any funds due as a
result of later refunds, corrections, or other transactions.

Sec.  1300.43  Continuing requirements.

    Notwithstanding the expiration of a Highway Safety Plan, the
provisions in 2 CFR parts 200 and 1201 and 23 CFR part 1300, including
but not limited to equipment and audit, continue to apply to the grant
funds authorized under 23 U.S.C. Chapter 4 and Section 1906.

Subpart F--Non-Compliance

Sec.  1300.50  General.

    Where a State is found to be in non-compliance with the
requirements of the grant programs authorized under 23 U.S.C. Chapter 4
or Section 1906, or with other applicable law, the sanctions in
Sec. Sec.  1300.51 and 1300.52, and any other sanctions or remedies
permitted under Federal law, including the special conditions of 2 CFR
200.207 and 200.388, may be applied as appropriate.

Sec.  1300.51  Sanctions--reduction of apportionment.

    (a) Determination of sanctions. (1) The Administrator shall not
apportion any funds under Section 402 to any State that does not have
or is not implementing an approved highway safety program.
    (2) If the Administrator has apportioned funds under Section 402 to
a State and subsequently determines that the State is not implementing
an approved highway safety program, the Administrator shall reduce the
apportionment by an amount equal to not less than 20 percent, until
such time as the Administrator determines that the State is
implementing an approved highway safety program. The Administrator
shall consider the gravity of the State's failure to implement an
approved highway safety program in determining the amount of the
reduction.
    (i) When the Administrator determines that a State is not
implementing an approved highway safety program, the Administrator
shall issue to the State an advance notice, advising the State that the
Administrator expects to withhold funds from apportionment or reduce
the State's apportionment under Section 402. The Administrator shall
state the amount of the expected withholding or reduction.
    (ii) The State may, within 30 days after its receipt of the advance
notice, submit documentation demonstrating that it is implementing an
approved highway safety program. Documentation shall be submitted to
the NHTSA Administrator, 1200 New Jersey Avenue SE., Washington, DC
20590.
    (b) Apportionment of withheld funds. (1) If the Administrator
concludes that a State has begun implementing an approved highway
safety program, the Administrator shall promptly apportion to the State
the funds withheld from its apportionment, but not later than July 31
of the fiscal year for which the funds were withheld.
    (2)(i) If the Administrator concludes, after reviewing all relevant
documentation submitted by the State or if the State has not responded
to the advance notice, that the State did not correct its failure to
have or implement an approved highway safety program, the Administrator
shall issue a final notice, advising the State of the funds being
withheld from apportionment or of the reduction of apportionment under
Section 402 by July 31 of the fiscal year for which the funds were
withheld.
    (ii) The Administrator shall reapportion the withheld funds to the
other States, in accordance with the formula specified in 23 U.S.C.
402(c), not later than the last day of the fiscal year.

Sec.  1300.52  Risk assessment and non-compliance.

    (a) Risk assessment. (1) All States receiving funds under the grant
programs authorized under 23 U.S.C. Chapter 4 and Section 1906 shall be
subject to an assessment of risk by NHTSA. In evaluating risks of a
State highway safety program, NHTSA may consider, but is not limited to
considering, the following for each State:
    (i) Financial stability;
    (ii) Quality of management systems and ability to meet management
standards prescribed in this part and in 2 CFR part 200;
    (iii) History of performance. The applicant's record in managing
funds received for grant programs under this part, including findings
from Management Reviews;
    (iv) Reports and findings from audits performed under 2 CFR part
200, subpart F, or from the reports and findings of any other available
audits; and
    (v) The State's ability to effectively implement statutory,
regulatory, and other requirements imposed on non-Federal entities.
    (2) If a State is determined to pose risk, NHTSA may increase
monitoring activities and may impose any of the specific conditions of
2 CFR 200.207, as appropriate.
    (b) Non-compliance. If at any time a State is found to be in non-
compliance with the requirements of the grant programs under this part,
the requirements of 2 CFR parts 200 and 1201, or with any other
applicable law, the actions permitted under 2 CFR 200.207 and 200.338
may be applied as appropriate.

Subpart G--Special Provisions for Fiscal Year 2017 Highway Safety
Grants

Sec.  1300.60  Fiscal Year 2017 grant applications.

    (a) Except as provided in paragraph (b) of this section, fiscal
year 2017 grant applications due July 1, 2016 shall be governed by the
following provisions:
    (1) For the Highway Safety Plans, 23 CFR 1200.11 (April 1, 2015);
    (2) For occupant protection grants under 23 U.S.C. 405(b), 23 CFR
1200.21(d)(1) through (4) and (e) (April 1, 2015) and 23 CFR
1300.21(d)(5) (maintenance of effort);
    (3) For State traffic safety information system improvements grants
under 23 U.S.C. 405(c), 23 CFR 1200.22(b) through (e) (April 1, 2015)
and 23 CFR 1300.22(c) (maintenance of effort);
    (4) For impaired griving countermeasures grants under 23 U.S.C.
405(d)(1), 23 CFR 1200.23(d)(1), (e), and (f) (April 1, 2015), and 23
CFR 1300.23(d)(2) (maintenance of effort);
    (5) For grants to States with alcohol-ignition interlock laws and
24-7 sobriety programs under 23 U.S.C. 405(d)(6), 23 CFR 1300.23(g) and
(h);
    (6) For distracted driving grants under 23 U.S.C. 405(e), 23 CFR
1300.24;
    (7) For motorcyclist safety grants under 23 U.S.C. 405(f), 23 CFR
1200.25(d)-(j) (April 1, 2015);
    (8) For State graduated driver licensing incentive grants under 23
U.S.C. 405(g), 23 CFR 1300.26;
    (9) For nonmotorized safety grants under 23 U.S.C. 405(h), 23 CFR
1300.27;
    (10) For racial profiling data collection grants under Section
1906, 23 CFR 1300.28.
    (b) States may elect to apply under 23 CFR part 1300 for any of the
grants under paragraph (a) of this section.

Sec.  1300.61  Fiscal Year 2017 grants--general and administrative
provisions.

    (a) Fiscal year 2017 grants awarded under 23 U.S.C. Chapter 4 and
Section 1906 are governed by the following general and administrative
provisions in part 1300:
    (1) Subpart A--all sections;
    (2) Subpart B:
    (i) 23 CFR 1300.10 General;
    (ii) 23 CFR 1300.12 Due date for submission;
    (iii) 23 CFR 1300.13 Special funding conditions for Section 402
Grants;

    (iv) 23 CFR 1300.15 Apportionment and obligation of Federal funds;
    (3) Subpart C:
    (i) 23 CFR 1300.20 General;
    (ii) 23 CFR 1300.21(a) through (c) and (f) Occupant protection
grants--purpose, definitions, elibigibility determination, and use of
grant funds;
    (iii) 23 CFR 1300.22(a) and (d) State traffic safety information
system improvements grants--purpose and use of grant funds;
    (iv) 23 CFR 1300.23(a) through (c), (i), and (j) Impaired driving
countermeasures grants--purpose, definitions, eligibility
determinations, award and use of grant funds;
    (v) 23 CFR 1300.1300.24 Distracted driving grants--all paragraphs;
    (vi) 23 CFR 1300.25(a) through (c), (k) and (l) Motorcyclist safety
grants--purpose, definitions, eligibility, award limitation, use of
grant funds;
    (vii) 23 CFR 1300.26 State graduated driving licensing incentive
grants--all paragraphs;
    (viii) 23 CFR 1300.27 Nonmotorized safety grants--all paragraphs;
    (ix) 23 CFR 1300.28 Racial profiling data collection grants--all
paragraphs.
    (4) Subpart D:
    (i) 23 CFR 1300.30 General;
    (ii) 23 CFR 1300.31 Equipment;
    (iii) 23 CFR 1300.35 Annual report;
    (iv) 23 CFR 1300.36 Appeals of written decision by Regional
Administrator;
    (5) Subpart E--all sections;
    (6) Subpart F--all sections.
    (b) Except as provided in paragraph (c) of this section, fiscal
year 2017 grants awarded under 23 U.S.C. Chapter 4 and Section 1906 are
also governed by the following general and administrative provisions in
part 1200:
    (1) Subpart B--23 CFR 1200.14 Review and approval procedures;
    (2) Subpart D:
    (i) 23 CFR 1200.32 Changes--approval of the approving official
(Regional Administrator);
    (ii) 23 CFR 1200.33 Vouchers and project agreements.
    (c) States may elect to follow all sections of part 1300.

Appendix A to Part 1300--Certifications and Assurances for Highway
Safety Grants (23 U.S.C. Chapter 4; Sec. 1906, Public Law 109-59, As
Amended By Sec. 4011, Public Law 114-94)

[Each fiscal year, the Governor's Representative for Highway Safety
must sign these Certifications and Assurances affirming that the
State complies with all requirements, including applicable Federal
statutes and regulations, that are in effect during the grant
period. Requirements that also apply to subrecipients are noted
under the applicable caption.]

State: ___ Fiscal Year: __

    By submitting an application for Federal grant funds under 23
U.S.C. Chapter 4 or Section 1906, the State Highway Safety Office
acknowledges and agrees to the following conditions and
requirements. In my capacity as the Governor's Representative for
Highway Safety, I hereby provide the following Certifications and
Assurances:

GENERAL REQUIREMENTS

    The State will comply with applicable statutes and regulations,
including but not limited to:

 23 U.S.C. Chapter 4--Highway Safety Act of 1966, as amended
 Sec. 1906, Public Law 109-59, as amended by Sec. 4011,
Public Law 114-94
 23 CFR part 1300--Uniform Procedures for State Highway
Safety Grant Programs
 2 CFR part 200--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201--Department of Transportation, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards

INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS

    The State has submitted appropriate documentation for review to
the single point of contact designated by the Governor to review
Federal programs, as required by Executive Order 12372
(Intergovernmental Review of Federal Programs).

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)

    The State will comply with FFATA guidance, OMB Guidance on FFATA
Subward and Executive Compensation Reporting, August 27, 2010,
(https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA_Subaward_and_Executive_Compensation_Reporting_08272010.pdf) by reporting to FSRS.gov for each sub-grant awarded:
     Name of the entity receiving the award;
     Amount of the award;
     Information on the award including transaction type,
funding agency, the North American Industry Classification System
code or Catalog of Federal Domestic Assistance number (where
applicable), program source;
     Location of the entity receiving the award and the
primary location of performance under the award, including the city,
State, congressional district, and country; and an award title
descriptive of the purpose of each funding action;
     A unique identifier (DUNS);
     The names and total compensation of the five most
highly compensated officers of the entity if:
    (i) the entity in the preceding fiscal year received--
    (I) 80 percent or more of its annual gross revenues in Federal
awards;
    (II) $25,000,000 or more in annual gross revenues from Federal
awards; and
    (ii) the public does not have access to information about the
compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986;
     Other relevant information specified by OMB guidance.

NONDISCRIMINATION

(applies to subrecipients as well as States)

    The State highway safety agency will comply with all Federal
statutes and implementing regulations relating to nondiscrimination
(``Federal Nondiscrimination Authorities''). These include but are
not limited to:
     Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin) and 49 CFR part 21;
     The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits
unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
     Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et
seq.), and Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the
basis of sex);
     Section 504 of the Rehabilitation Act of 1973, (29
U.S.C. 794 et seq.), as amended, (prohibits discrimination on the
basis of disability) and 49 CFR part 27;
     The Age Discrimination Act of 1975, as amended, (42
U.S.C. 6101 et seq.), (prohibits discrimination on the basis of
age);
     The Civil Rights Restoration Act of 1987, (Pub. L. 100-
209), (broadens scope, coverage and applicability of Title VI of the
Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the
definition of the terms ``programs or activities'' to include all of
the programs or activities of the Federal aid recipients, sub-
recipients and contractors, whether such programs or activities are
Federally-funded or not);
     Titles II and III of the Americans with Disabilities
Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis
of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and
certain testing) and 49 CFR parts 37 and 38;
     Executive Order 12898, Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations (prevents discrimination against minority populations by
discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental
effects on minority and low-income populations); and
     Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency (guards against Title VI
national origin discrimination/discrimination because of limited
English proficiency (LEP) by ensuring that funding recipients take
reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).

    The State highway safety agency--
     Will take all measures necessary to ensure that no
person in the United States shall, on the grounds of race, color,
national origin, disability, sex, age, limited English proficiency,
or membership in any other class protected by Federal
Nondiscrimination Authorities, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under any of its programs or activities, so long as any portion of
the program is Federally-assisted.
     Will administer the program in a manner that reasonably
ensures that any of its subrecipients, contractors, subcontractors,
and consultants receiving Federal financial assistance under this
program will comply with all requirements of the Non-Discrimination
Authorities identified in this Assurance;
     Agrees to comply (and require any of its subrecipients,
contractors, subcontractors, and consultants to comply) with all
applicable provisions of law or regulation governing US DOT's or
NHTSA's access to records, accounts, documents, information,
facilities, and staff, and to cooperate and comply with any program
or compliance reviews, and/or complaint investigations conducted by
US DOT or NHTSA under any Federal Nondiscrimination Authority;
     Acknowledges that the United States has a right to seek
judicial enforcement with regard to any matter arising under these
Non-Discrimination Authorities and this Assurance;
     Insert in all contracts and funding agreements with
other State or private entities the following clause:
    ``During the performance of this contract/funding agreement, the
contractor/funding recipient agrees--
    a. To comply with all Federal nondiscrimination laws and
regulations, as may be amended from time to time;
    b. Not to participate directly or indirectly in the
discrimination prohibited by any Federal non-discrimination law or
regulation, as set forth in appendix B of 49 CFR part 2l and herein;
    c. To permit access to its books, records, accounts, other
sources of information, and its facilities as required by the State
highway safety office, US DOT or NHTSA;
    d. That, in event a contractor/funding recipient fails to comply
with any nondiscrimination provisions in this contract/funding
agreement, the State highway safety agency will have the right to
impose such contract/agreement sanctions as it or NHTSA determine
are appropriate, including but not limited to withholding payments
to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling,
terminating, or suspending a contract or funding agreement, in whole
or in part; and
    e. To insert this clause, including paragraphs a through e, in
every subcontract and subagreement and in every solicitation for a
subcontract or sub-agreement, that receives Federal funds under this
program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

    The State will provide a drug-free workplace by:
    a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
    b. Establishing a drug-free awareness program to inform
employees about:
    [cir] The dangers of drug abuse in the workplace.
    [cir] The grantee's policy of maintaining a drug-free workplace.
    [cir] Any available drug counseling, rehabilitation, and
employee assistance programs.
    [cir] The penalties that may be imposed upon employees for drug
violations occurring in the workplace.
    [cir] Making it a requirement that each employee engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a).
    c. Notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under the grant, the employee
will--
    [cir] Abide by the terms of the statement.
    [cir] Notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after such conviction.
    d. Notifying the agency within ten days after receiving notice
under subparagraph (c)(2) from an employee or otherwise receiving
actual notice of such conviction.
    e. Taking one of the following actions, within 30 days of
receiving notice under subparagraph (c)(2), with respect to any
employee who is so convicted--
    [cir] Taking appropriate personnel action against such an
employee, up to and including termination.
    [cir] Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
    f. Making a good faith effort to continue to maintain a drug-
free workplace through implementation of all of the paragraphs
above.

POLITICAL ACTIVITY (HATCH ACT)

(applies to subrecipients as well as States)

    The State will comply with provisions of the Hatch Act (5 U.S.C.
1501-1508), which limits the political activities of employees whose
principal employment activities are funded in whole or in part with
Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING

(applies to subrecipients as well as States)

Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge
and belief, that:
    1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
    2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
    3. The undersigned shall require that the language of this
certification be included in the award documents for all sub-award
at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
    This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING

(applies to subrecipients as well as States)

    None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local
legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative
body. Such activities include both direct and indirect (e.g.,
``grassroots'') lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local
legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

(applies to subrecipients as well as States)

Instructions for Primary Certification (States)

    1. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below and

agrees to comply with the requirements of 2 CFR parts 180 and 1300.
    2. The inability of a person to provide the certification
required below will not necessarily result in denial of
participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will
be considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from
participation in this transaction.
    3. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this
transaction for cause or default or may pursue suspension or
debarment.
    4. The prospective primary participant shall provide immediate
written notice to the department or agency to which this proposal is
submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
    5. The terms covered transaction, debarment, suspension,
ineligible, lower tier, participant, person, primary tier,
principal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and coverage sections of 2
CFR part 180. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of
those regulations.
    6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR
part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by NHTSA.
    7. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
``Instructions for Lower Tier Certification'' including the
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction,'' provided by
the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions and will
require lower tier participants to comply with 2 CFR parts 180 and
1300.
    8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the list of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
    9. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
    10. Except for transactions authorized under paragraph 6 of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, the department or agency may
disallow costs, annul or terminate the transaction, issue a stop
work order, debar or suspend you, or take other remedies as
appropriate.

Certification Regarding Debarment, Suspension, and Other
Responsibility Matters--Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of
its knowledge and belief, that its principals:
    (a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any
Federal department or agency;
    (b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of record, making false statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or Local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
    (d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
    (2) Where the prospective primary participant is unable to
certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this
proposal.

Instructions for Lower Tier Certification

    1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below
and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
    2. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
    3. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
    4. The terms covered transaction, debarment, suspension,
ineligible, lower tier, participant, person, primary tier,
principal, and voluntarily excluded, as used in this clause, have
the meanings set out in the Definition and Coverage sections of 2
CFR part 180. You may contact the person to whom this proposal is
submitted for assistance in obtaining a copy of those regulations.
    5. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by NHTSA.
    6. The prospective lower tier participant further agrees by
submitting this proposal that it will include the clause titled
``Instructions for Lower Tier Certification'' including the
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require
lower tier participants to comply with 2 CFR parts 180 and 1300.
    7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
    8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.

    9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded from participation in
this transaction, the department or agency with which this
transaction originated may disallow costs, annul or terminate the
transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.

Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions

    1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
    2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.

BUY AMERICA ACT

(applies to subrecipients as well as States)

    The State and each subrecipient will comply with the Buy America
requirement (23 U.S.C. 313) when purchasing items using Federal
funds. Buy America requires a State, or subrecipient, to purchase
only steel, iron and manufactured products produced in the United
States with Federal funds, unless the Secretary of Transportation
determines that such domestically produced items would be
inconsistent with the public interest, that such materials are not
reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the
overall project contract by more than 25 percent. In order to use
Federal funds to purchase foreign produced items, the State must
submit a waiver request that provides an adequate basis and
justification to and approved by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE

(applies to subrecipients as well as States)

    The State and each subrecipient will not use 23 U.S.C. Chapter 4
grant funds for programs to check helmet usage or to create
checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE

    In accordance with Executive Order 13043, Increasing Seat Belt
Use in the United States, dated April 16, 1997, the Grantee is
encouraged to adopt and enforce on-the-job seat belt use policies
and programs for its employees when operating company-owned, rented,
or personally-owned vehicles. The National Highway Traffic Safety
Administration (NHTSA) is responsible for providing leadership and
guidance in support of this Presidential initiative. For information
on how to implement such a program, or statistics on the potential
benefits and cost-savings to your company or organization, please
visit the Buckle Up America section on NHTSA's Web site at
www.nhtsa.dot.gov. Additional resources are available from the
Network of Employers for Traffic Safety (NETS), a public-private
partnership headquartered in the Washington, DC metropolitan area,
and dedicated to improving the traffic safety practices of employers
and employees. NETS is prepared to provide technical assistance, a
simple, user-friendly program kit, and an award for achieving the
President's goal of 90 percent seat belt use. NETS can be contacted
at 1<PHONE_NUMBER> or visit its Web site at www.trafficsafety.org.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

    In accordance with Executive Order 13513, Federal Leadership On
Reducing Text Messaging While Driving, and DOT Order 3902.10, Text
Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashed caused by distracted
driving, including policies to ban text messaging while driving
company-owned or -rented vehicles, Government-owned, leased or
rented vehicles, or privately-owned when on official Government
business or when performing any work on or behalf of the Government.
States are also encouraged to conduct workplace safety initiatives
in a manner commensurate with the size of the business, such as
establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks
associated with texting while driving.

SECTION 402 REQUIREMENTS

    1. To the best of my personal knowledge, the information
submitted in the Highway Safety Plan in support of the State's
application for a grant under 23 U.S.C. 402 is accurate and
complete.
    2. The Governor is the responsible official for the
administration of the State highway safety program, by appointing a
Governor's Representative for Highway Safety who shall be
responsible for a State highway safety agency that has adequate
powers and is suitably equipped and organized (as evidenced by
appropriate oversight procedures governing such areas as
procurement, financial administration, and the use, management, and
disposition of equipment) to carry out the program. (23 U.S.C.
402(b)(1)(A))
    3. The political subdivisions of this State are authorized, as
part of the State highway safety program, to carry out within their
jurisdictions local highway safety programs which have been approved
by the Governor and are in accordance with the uniform guidelines
promulgated by the Secretary of Transportation. (23 U.S.C.
402(b)(1)(B))
    4. At least 40 percent of all Federal funds apportioned to this
State under 23 U.S.C. 402 for this fiscal year will be expended by
or for the benefit of political subdivisions of the State in
carrying out local highway safety programs (23 U.S.C. 402(b)(1)(C))
or 95 percent by and for the benefit of Indian tribes (23 U.S.C.
402(h)(2)), unless this requirement is waived in writing. (This
provision is not applicable to the District of Columbia, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.)
    5. The State's highway safety program provides adequate and
reasonable access for the safe and convenient movement of physically
handicapped persons, including those in wheelchairs, across curbs
constructed or replaced on or after July 1, 1976, at all pedestrian
crosswalks. (23 U.S.C. 402(b)(1)(D))
    6. The State will provide for an evidenced-based traffic safety
enforcement program to prevent traffic violations, crashes, and
crash fatalities and injuries in areas most at risk for such
incidents. (23 U.S.C. 402(b)(1)(E))
    7. The State will implement activities in support of national
highway safety goals to reduce motor vehicle related fatalities that
also reflect the primary data-related crash factors within the
State, as identified by the State highway safety planning process,
including:
     Participation in the National high-visibility law
enforcement mobilizations as identified annually in the NHTSA
Communications Calendar, including not less than 3 mobilization
campaigns in each fiscal year to--
    [cir] Reduce alcohol-impaired or drug-impaired operation of
motor vehicles; and
    [cir] Increase use of seatbelts by occupants of motor vehicles;
     Submission of information regarding mobilization
participation into the HVE Database;
     Sustained enforcement of statutes addressing impaired
driving, occupant protection, and driving in excess of posted speed
limits;
     An annual Statewide seat belt use survey in accordance
with 23 CFR part 1340 for the measurement of State seat belt use
rates, except for the Secretary of Interior on behalf of Indian
tribes;
     Development of Statewide data systems to provide timely
and effective data analysis to support allocation of highway safety
resources;
     Coordination of Highway Safety Plan, data collection,
and information systems with the State strategic highway safety
plan, as defined in 23 U.S.C. 148(a).

(23 U.S.C. 402(b)(1)(F))

    8. The State will actively encourage all relevant law
enforcement agencies in the State to follow the guidelines
established for vehicular pursuits issued by the International
Association of Chiefs of Police that are currently in effect. (23
U.S.C. 402(j))
    9. The State will not expend Section 402 funds to carry out a
program to purchase, operate, or maintain an automated traffic
enforcement system. (23 U.S.C. 402(c)(4))
    The State: [CHECK ONLY ONE]
    [squ] Certifies that automated traffic enforcement systems are
not used on any public road in the State;

OR

    [squ] Is unable to certify that automated traffic enforcement
systems are not used on

any public road in the State, and therefore will conduct a survey
meeting the requirements of 23 CFR 1300.13(d)(3) AND will submit the
survey results to the NHTSA Regional office no later than March 1 of
the fiscal year of the grant.
    I understand that my statements in support of the State's
application for Federal grant funds are statements upon which the
Federal Government will rely in determining qualification for grant
funds, and that knowing misstatements may be subject to civil or
criminal penalties under 18 U.S.C. 1001. I sign these Certifications
and Assurances based on personal knowledge, and after appropriate
inquiry.
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Signature Governor's Representative for Highway Safety
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Date
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Printed name of Governor's Representative for Highway Safety

Appendix B to Part 1300--Application Requirements for Section 405 and
Section 1906 Grants

[Each fiscal year, to apply for a grant under 23 U.S.C. 405 or
Section 1906, Public Law 109-59, as amended by Section 4011, Public
Law 114-94, the State must complete and submit all required
information in this appendix, and the Governor's Representative for
Highway Safety must sign the Certifications and Assurances.]

State: ___ Fiscal Year: __
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Instructions: Check the box for each part for which the State is
applying for a grant, fill in relevant blanks, and identify the
attachment number or page numbers where the requested information
appears in the HSP. Attachments may be submitted electronically.

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[squ] Part 1: Occupant Protection Grants (23 CFR 1300.21)

[Check the box above only if applying for this grant.]

All States:

[Fill in all blanks below.]
     The lead State agency responsible for occupant
protection programs will maintain its aggregate expenditures for
occupant protection programs at or above the average level of such
expenditures in fiscal years 2014 and 2015. (23 U.S.C. 405(a)(9))
     The State's occupant protection program area plan for
the upcoming fiscal year is provided as HSP page or attachment #
___.
     The State will participate in the Click it or Ticket
national mobilization in the fiscal year of the grant. The
description of the State's planned participation is provided as HSP
page or attachment # ___.
     A table that documents the State's active network of
child restraint inspection stations is provided as HSP page or
attachment # ___. Such table includes (1) the total number of
inspection stations/events in the State; and (2) the total number of
inspection stations and/or inspection events that service rural and
urban areas and at-risk populations (e.g., low income, minority).
Each inspection station/event is staffed with at least one current
nationally Certified Child Passenger Safety Technician.
     A table, as provided in HSP page or attachment # ___,
identifies the number of classes to be held, location of classes,
and estimated number of students needed to ensure coverage of child
passenger safety inspection stations and inspection events by
nationally Certified Child Passenger Safety Technicians.

Lower Seat belt Use States Only:

[Check at least 3 boxes below and fill in all blanks under those
checked boxes.]

    [squ] The State's primary seat belt use law, requiring all
occupants riding in a passenger motor vehicle to be restrained in a
seat belt or a child restraint, was enacted on __/__/__ and last
amended on __/__/__, is in effect, and will be enforced during the
fiscal year of the grant. Legal citation(s): ___.
    [squ] The State's occupant protection law, requiring occupants
to be secured in a seat belt or age-appropriate child restraint
while in a passenger motor vehicle and a minimum fine of $25, was
enacted on __/__/__ and last amended on __/__/__, is in effect, and
will be enforced during the fiscal year of the grant.

Legal citations:

     ___ Requirement for all occupants to be secured in seat
belt or age appropriate child restraint;
     ___ Coverage of all passenger motor vehicles ;
     ___ Minimum fine of at least $25;
     ___ Exemptions from restraint requirements.
    [squ] The State's seat belt enforcement plan is provided as HSP
page or attachment # ___.
    [squ] The State's high risk population countermeasure program is
provided as HSP page or attachment # ___.
    [squ] The State's comprehensive occupant protection program is
provided as follows:
     Date of NHTSA-facilitated program assessment conducted
within 5 years prior to the application date: __/__/__;
     Multi-year strategic plan: HSP page or attachment # __;
     Name and title of State's designated occupant
protection coordinator: ___
     List that contains the names, titles and organizations
of the Statewide occupant protection task force membership: HSP page
or attachment # ___.
    [squ] The State's NHTSA-facilitated occupant protection program
assessment of all elements of its occupant protection program was
conducted on ___/___/___ (within 3 years of the application due
date);
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[squ] Part 2: State Traffic Safety Information System Improvements
Grants (23 CFR 1300.22)

[Check the box above only if applying for this grant.]

All States:

     The lead State agency responsible for traffic safety
information system improvements programs will maintain its aggregate
expenditures for traffic safety information system improvements
programs at or above the average level of such expenditures in
fiscal years 2014 and 2015. (23 U.S.C. 405(a)(9))

[Fill in all blanks for each bullet below.]

     A list of at least 3 TRCC meeting dates during the 12
months preceding the application due date is provided as HSP page or
attachment # ___.
     The name and title of the State's Traffic Records
Coordinator is ______.
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     A list of the TRCC members by name, title, home
organization and the core safety database represented is provided as
HSP page or attachment # ___.
     The State Strategic Plan is provided as follows:
    [ssquf] Description of specific, quantifiable and measurable
improvements: HSP page or attachment # ___;
    [ssquf] List of all recommendations from most recent assessment:
HSP page or attachment # ___;
    [ssquf] Recommendations to be addressed, including projects and
performance measures: HSP page or attachment # ___;
    [ssquf] Recommendations not to be addressed, including reasons
for not implementing: HSP page or attachment # ___.
     Written description of the performance measures, and
all supporting data, that the State is relying on to demonstrate
achievement of the quantitative improvement in the preceding 12
months of the application due date in relation to one or more of the
significant data program attributes is provided as HSP page or
attachment # ___.
     The State's most recent assessment or update of its
highway safety data and traffic records system was completed on ___/
___/___.
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[squ] Part 3: Impaired Driving Countermeasures (23 CFR 1300.23(D)-(F))

[Check the box above only if applying for this grant.]

All States:

     The lead State agency responsible for impaired driving
programs will maintain its aggregate expenditures for impaired
driving programs at or above the average level of such expenditures
in fiscal years 2014 and 2015.
     The State will use the funds awarded under 23 U.S.C.
405(d) only for the implementation of programs as provided in 23 CFR
1200.23(j) in the fiscal year of the grant.

Mid-Range State Only:

[Check one box below and fill in all blanks under that checked box.]

    [squ] The State submits its Statewide impaired driving plan
approved by a Statewide impaired driving task force on ___/___/___.
Specifically--

    [ssquf] HSP page or attachment # ___ describes the authority and
basis for operation of the Statewide impaired driving task force;
    [ssquf] HSP page or attachment # ___ contains the list of names,
titles and organizations of all task force members;
    [ssquf] HSP page or attachment # ___ contains the strategic plan
based on Highway Safety Guideline No. 8--Impaired Driving.
    [squ] The State has previously submitted a Statewide impaired
driving plan approved by a Statewide impaired driving task force on
___/___/___ and continues to use this plan.

High-Range State Only:

[Check one box below and fill in all blanks under that checked box.]

    [squ] The State submits its Statewide impaired driving plan
approved by a Statewide impaired driving task force on ___/___/___
that includes a review of a NHTSA-facilitated assessment of the
State's impaired driving program conducted on ___/___/___.
Specifically,--

    [ssquf] HSP page or attachment # ___ describes the authority and
basis for operation of the Statewide impaired driving task force;
    [ssquf] HSP page or attachment # ___ contains the list of names,
titles and organizations of all task force members;
    [ssquf] HSP page or attachment # ___ contains the strategic plan
based on Highway Safety Guideline No. 8--Impaired Driving;
    [ssquf] HSP page or attachment # ___ addresses any related
recommendations from the assessment of the State's impaired driving
program;
    [ssquf] HSP page or attachment # ___ contains the detailed
project list for spending grant funds;
    [ssquf] HSP page or attachment # ___ describes how the spending
supports the State's impaired driving program and achievement of its
performance targets.
    [squ] The State submits an updated Statewide impaired driving
plan approved by a Statewide impaired driving task force on ___/___/
___ and updates its assessment review and spending plan provided as
HSP page or attachment # ___.

[squ] Part 4: Alcohol-Ignition Interlock Laws (23 CFR 1300.23(G))

[Check the box above only  if applying for this grant.]
[Fill in all blanks.]

    The State provides citations to a law that requires all
individuals convicted of driving under the influence or of driving
while intoxicated to drive only motor vehicles with alcohol-ignition
interlocks for a period of 6 months that was enacted on ___/___/ ___
and last amended on ___/___/ ___, is in effect, and will be enforced
during the fiscal year of the grant. Legal citation(s):
____________.
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[squ] Part 5: 24-7 Sobriety Programs (23 CFR 1300.23(H))

[Check the box above only if applying for this grant.]
[Fill in all blanks.]

    The State provides citations to a law that requires all
individuals convicted of driving under the influence or of driving
while intoxicated to receive a restriction on driving privileges
that was enacted on ___/___/___ and last amended on ___/___/___, is
in effect, and will be enforced during the fiscal year of the grant.
Legal citation(s): _________.
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[Check at least one of the boxes below and fill in all blanks under
that checked box.]

    [squ] Law citation. The State provides citations to a law that
authorizes a Statewide 24-7 sobriety program that was enacted on
___/___/___ and last amended on ___/___/___, is in effect, and will
be enforced during the fiscal year of the grant. Legal citation(s):
_________.
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    [squ] Program information. The State provides program
information that authorizes a Statewide 24-7 sobriety program. The
program information is provided as HSP page or attachment # ___.

[squ] Part 6: Distracted Driving Grants (23 CFR 1300.24)

[Check the box above only if applying for this grant.]
[Check one box only below and fill in all blanks under that checked
box only.]

    [squ] Comprehensive Distracted Driving Grant
     The State provides sample distracted driving questions
from the State's driver's license examination in HSP page or
attachment # ___.
     Prohibition on Texting While Driving
    The State's texting ban statute, prohibiting texting while
driving, a minimum fine of at least $25, was enacted on ___/___/ ___
and last amended on ___/___/ ___, is in effect, and will be enforced
during the fiscal year of the grant.
    Legal citations:
    [ssquf] ___ Prohibition on texting while driving;
    [ssquf] ___ Definition of covered wireless communication
devices;
    [ssquf] ___ Minimum fine of at least $25 for an offense;
    [ssquf] ___ Exemptions from texting ban.
     Prohibition on Youth Cell Phone Use While Driving
    The State's youth cell phone use ban statute, prohibiting youth
cell phone use while driving, driver license testing of distracted
driving issues, a minimum fine of at least $25, was enacted on ___/
___/___ and last amended on ___/___/ ___, is in effect, and will be
enforced during the fiscal year of the grant.
    Legal citations:
    [ssquf] ___ Prohibition on youth cell phone use while driving;
    [ssquf] ___ Definition of covered wireless communication
devices;
    [ssquf] ___ Minimum fine of at least $25 for an offense;
    [ssquf] ___ Exemptions from youth cell phone use ban.
     The State has conformed its distracted driving data to
the most recent Model Minimum Uniform Crash Criteria (MMUCC) and
will provide supporting data (i.e., NHTSA-developed MMUCC Mapping
spreadsheet) within 30 days after notification of award.
    [squ] Special Distracted Driving Grant for Fiscal Year 2017
     The State's basic text messaging statute applying to
drivers of all ages was enacted on ___/___/___ and last amended on
___/___/__, is in effect, and will be enforced during the fiscal
year of the grant.
    Legal citations:
    [ssquf] ___ Basic text messaging statute;
    [ssquf] ___ Primary or secondary enforcement.
     The State is NOT eligible for a Comprehensive
Distracted Driving Grant.
    [squ] Special Distracted Driving Grant for Fiscal Year 2018
     The State's basic text messaging statute applying to
drivers of all ages was enacted ___/___/___ and last amended on ___/
___/___, is in effect, and will be enforced during the fiscal year
of the grant.
    Legal citations:
    [ssquf] ___ Basic text messaging statute;
    [ssquf] ___ Primary enforcement;
    [ssquf] ___ Fine for a violation of the basic text messaging
statute;
     The State's youth cell phone use ban statute,
prohibiting youth cell phone use while driving, was enacted on ___/
___/___ and last amended on ___/___/___, is in effect, and will be
enforced during the fiscal year of the grant.
    Legal citations:
    [ssquf] ___ Prohibition on youth cell phone use while driving;
    [ssquf] ___ Definition of covered wireless communication
devices.
     The State is NOT eligible for a Comprehensive
Distracted Driving Grant.

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[squ] Part 7: Motorcyclist Safety Grants (23 CFR 1300.25)

[Check the box above only if applying for this grant.]
[Check at least 2 boxes below and fill in all blanks under those
checked boxes only.]

    [squ] Motorcycle riding training course:
     The name and organization of the head of the designated
State authority over motorcyclist safety issues is ___.
     The head of the designated State authority over
motorcyclist safety issues has approved and the State has adopted
one of the following introductory rider curricula: [Check one of the
following boxes below and fill in any blanks.]
    [squ] Motorcycle Safety Foundation Basic Rider Course;
    [squ] TEAM OREGON Basic Rider Training;
    [squ] Idaho STAR Basic I;
    [squ] California Motorcyclist Safety Program Motorcyclist
Training Course;
    [squ] Other curriculum that meets NHTSA's Model National
Standards for Entry-Level Motorcycle Rider Training and that has
been approved by NHTSA.
     On HSP page or attachment # ___, a list of counties or
political subdivisions in the State where motorcycle rider training
courses will be conducted during the fiscal year of the grant AND
number of registered

motorcycles in each such county or political subdivision according
to official State motor vehicle records.
    [squ] Motorcyclist awareness program:
     The name and organization of the head of the designated
State authority over motorcyclist safety issues is ___.
     The State's motorcyclist awareness program was
developed by or in coordination with the designated State authority
having jurisdiction over motorcyclist safety issues.
     On HSP page or attachment # ___, performance measures
and corresponding performance targets developed for motorcycle
awareness that identifies, using State crash data, the counties or
political subdivisions within the State with the highest number of
motorcycle crashes involving a motorcycle and another motor vehicle.
     On HSP page or attachment # ___, countermeasure
strategies and projects demonstrating that the State will implement
data-driven programs in a majority of counties or political
subdivisions corresponding with the majority of crashes involving at
least one motorcycle and at least one motor vehicle causing a
serious or fatal injury to at least one motorcyclist or motor
vehicle occupant.
    [squ] Reduction of fatalities and crashes involving motorcycles:
     Data showing the total number of motor vehicle crashes
involving motorcycles is provided as HSP page or attachment # ___.
     Description of the State's methods for collecting and
analyzing data is provided as HSP page or attachment # ___.
    [squ] Impaired driving program:
     On HSP page or attachment # ___, performance measures
and corresponding performance targets developed to reduce impaired
motorcycle operation.
     On HSP page or attachment # ___, countermeasure
strategies and projects demonstrating that the State will implement
data-driven programs designed to reach motorcyclists and motorists
in those jurisdictions where the incidence of motorcycle crashes
involving an impaired operator is highest (i.e., the majority of
counties or political subdivisions in the State with the highest
numbers of motorcycle crashes involving an impaired operator) based
upon State data.
    [squ] Reduction of fatalities and accidents involving impaired
motorcyclists:
     Data showing the total number of reported crashes
involving alcohol-impaired and drug-impaired motorcycle operators is
provided as HSP page or attachment # ___.
     Description of the State's methods for collecting and
analyzing data is provided as HSP page or attachment # ___.
    [squ] Use of fees collected from motorcyclists for motorcycle
programs:

[Check one box only  below and fill in all blanks under the checked
box only.]

    [squ] Applying as a Law State--
     The State law or regulation requires all fees collected
by the State from motorcyclists for the purpose of funding
motorcycle training and safety programs are to be used for
motorcycle training and safety programs. Legal citation(s):
_________.

AND

     The State's law appropriating funds for FY ___ requires
all fees collected by the State from motorcyclists for the purpose
of funding motorcycle training and safety programs be spent on
motorcycle training and safety programs. Legal citation(s):
____________.
    [squ] Applying as a Data State--
     Data and/or documentation from official State records
from the previous fiscal year showing that all fees collected by the
State from motorcyclists for the purpose of funding motorcycle
training and safety programs were used for motorcycle training and
safety programs is provided HSP page or attachment # ___.

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[squ] Part 8: State Graduated Driver Licensing Incentive Grants (23 CFR
1300.26)

[Check the box above only if applying for this grant.]
[Fill in all applicable blanks below.]

    The State's graduated driver licensing statute, requiring both a
learner's permit stage and intermediate stage prior to receiving a
full driver's license, was last amended on ___/___/___, is in
effect, and will be enforced during the fiscal year of the grant.
    Learner's Permit Stage--
    Legal citations:
     ___ Applies prior to receipt of any other permit,
license, or endorsement if applicant is younger than 18 years of
age.
     ___Applicant must pass vision test and knowledge
assessments
     ___In effect for at least 6 months
     ___In effect until driver is at least 16 years of age
     ___Must be accompanied and supervised at all times
     ___Requires completion of State-certified driver
education course or at least 50 hours of behind-the-wheel training
with at least 10 of those hours at night
     ___Prohibition on use of personal wireless
communications device
     ___Extension of learner's permit stage if convicted
     ___Exemptions from graduated driver licensing law
    Intermediate Stage--
    Legal citations:
     ___Commences after applicant younger than 18 years of
age successfully completes the learner's permit stage, but prior to
receipt of any other permit, license, or endorsement
     ___Applicant must pass behind-the-wheel driving skills
assessment
     ___In effect for at least 6 months
     ___In effect until driver is at least 17 years of age
     ___Must be accompanied and supervised between hours of
10:00 p.m. and 5:00 a.m. during first 6 months of stage, except when
operating a motor vehicle for the purposes of work, school,
religious activities, or emergencies
     ___No more than 1 nonfamilial passenger younger than 21
allowed
    ___Prohibition on use of personal wireless
communications device
     ___Extension of intermediate stage if convicted
     ___Exemptions from graduated driver licensing law

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[squ] Part 9: Nonmotorized Safety Grants (23 CFR 1300.27)

[Check the box above only applying for this grant AND only if NHTSA
has identified the State as eligible because the State annual
combined pedestrian and bicyclist fatalities exceed 15 percent of
the State's total annual crash fatalities based on the most recent
calendar year final FARS data.]

    The State affirms that it will use the funds awarded under 23
U.S.C. 405(h) only for the implementation of programs as provided in
23 CFR 1200.27(d) in the fiscal year of the grant.

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[squ] Part 10: Racial Profiling Data Collection Grants (23 CFR 1300.28)

[Check the box above only if applying for this grant.]
[Check one box only below and fill in all blanks under the checked
box only.]

    [squ] On HSP page or attachment # ___, the official document(s)
(i.e., a law, regulation, binding policy directive, letter from the
Governor or court order) demonstrates that the State maintains and
allows public inspection of statistical information on the race and
ethnicity of the driver for each motor vehicle stop made by a law
enforcement officer on a Federal-aid highway.
    [squ] On HSP page or attachment # ___, the State will undertake
projects during the fiscal year of the grant to maintain and allow
public inspection of statistical information on the race and
ethnicity of the driver for each motor vehicle stop made by a law
enforcement officer on a Federal-aid highway.

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    In my capacity as the Governor's Representative for Highway
Safety, I hereby provide the following certifications and
assurances--
     I have reviewed the above information in support of the
State's application for 23 U.S.C. 405 and Section 1906 grants, and
based on my review, the information is accurate and complete to the
best of my personal knowledge.
     As condition of each grant awarded, the State will use
these grant funds in accordance with the specific statutory and
regulatory requirements of that grant, and will comply with all
applicable laws, regulations, and financial and programmatic
requirements for Federal grants.
     I understand and accept that incorrect, incomplete, or
untimely information submitted in support of the State's application
may result in the denial of a grant award.
    I understand that my statements in support of the State's
application for Federal grant funds are statements upon which the
Federal Government will rely in determining qualification for grant
funds, and that

knowing misstatements may be subject to civil or criminal penalties
under 18 U.S.C. 1001. I sign these Certifications and Assurances
based on personal knowledge, and after appropriate inquiry.

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Signature Governor's Representative for Highway Safety
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Date

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Printed name of Governor's Representative for Highway Safety

Appendix C to Part 1300--Participation by Political Subdivisions

    (a) Policy. To ensure compliance with the provisions of 23
U.S.C. 402(b)(1)(C) and 23 U.S.C. 402(h)(2), which require that at
least 40 percent or 95 percent of all Federal funds apportioned
under Section 402 to the State (except the District of Columbia,
Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands) or the Secretary of
Interior, respectively, will be expended by political subdivisions
of the State, including Indian tribal governments, in carrying out
local highway safety programs, the NHTSA Regional Administrator will
determine if the political subdivisions had an active voice in the
initiation, development and implementation of the programs for which
funds apportioned under 23 U.S.C. 402 are expended.
    (b) Terms.
    Local participation refers to the minimum 40 percent or 95
percent (Indian Nations) that must be expended by or for the benefit
of political subdivisions.
    Political subdivision includes Indian tribes, for purpose and
application to the apportionment to the Secretary of Interior.
    (c) Determining local share.
    (1) In determining whether a State meets the local share
requirement in a fiscal year, NHTSA will apply the requirement
sequentially to each fiscal year's apportionments, treating all
apportionments made from a single fiscal year's authorizations as a
single entity for this purpose. Therefore, at least 40 percent of
each State's apportionments (or at least 95 percent of the
apportionment to the Secretary of Interior) from each year's
authorizations must be used in the highway safety programs of its
political subdivisions prior to the period when funds would normally
lapse. The local participation requirement is applicable to the
State's total federally funded safety program irrespective of
Standard designation or Agency responsibility.
    (2) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a political subdivision, such expenditures are clearly
part of the local share. Local highway safety-project-related
expenditures and associated indirect costs, which are reimbursable
to the grantee local governments, are classifiable as local share.
Illustrations of such expenditures are the costs incurred by a local
government in planning and administration of highway safety project-
related activities, such as occupant protection, traffic records
system improvements, emergency medical services, pedestrian and
bicycle safety activities, police traffic services, alcohol and
other drug countermeasures, motorcycle safety, and speed control.
    (3) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a State agency for the benefit of a political
subdivision, such funds may be considered as part of the local
share, provided that the political subdivision has had an active
voice in the initiation, development, and implementation of the
programs for which such funds are expended. A State may not
arbitrarily ascribe State agency expenditures as ``benefitting local
government.'' Where political subdivisions have had an active voice
in the initiation, development, and implementation of a particular
program or activity, and a political subdivision which has not had
such active voice agrees in advance of implementation to accept the
benefits of the program, the Federal share of the cost of such
benefits may be credited toward meeting the local participation
requirement. Where no political subdivisions have had an active
voice in the initiation, development, and implementation of a
particular program, but a political subdivision requests the
benefits of the program as part of the local government's highway
safety program, the Federal share of the cost of such benefits may
be credited toward meeting the local participation requirement.