Posted: 4/22/2016

Question 1: How much funding does the FAST Act provide for Federal Highway Administration programs?

Answer 1: For FY 2016, a total of $43.1 billion in contract authority is authorized for the Federal-aid highway program. In addition, from the General Fund and subject to appropriation, there is $100 million authorized for Nationally Significant Federal Lands and Tribal Projects, $110 million authorized for the Appalachian Regional Development Program, and $12 million authorized for the Regional Infrastructure Accelerator Demonstration Program. However, the Department of Transportation Appropriations Act, 2016, did not appropriate any funding for these General Fund programs in FY 2016.

For FY 2017, a total of $44.0 billion in contract authority is authorized for the Federal-aid highway program. In addition, from the General Fund and subject to appropriation, there is $100 million authorized for Nationally Significant Federal Lands and Tribal Projects and $110 million authorized for the Appalachian Regional Development Program.

For FY 2018, a total of $45.0 billion in contract authority is authorized for the Federal-aid highway program. In addition, from the General Fund and subject to appropriation, there is $100 million authorized for Nationally Significant Federal Lands and Tribal Projects and $110 million authorized for the Appalachian Regional Development Program.

For FY 2019, a total of $46.0 billion in contract authority is authorized for the Federal-aid highway program. In addition, from the General Fund and subject to appropriation, there is $100 million authorized for Nationally Significant Federal Lands and Tribal Projects and $110 million authorized for the Appalachian Regional Development Program.

For FY 2020, a total of $47.1 billion in contract authority is authorized for the Federal-aid highway program. In addition, from the General Fund and subject to appropriation, there is $100 million authorized for Nationally Significant Federal Lands and Tribal Projects and $110 million authorized for the Appalachian Regional Development Program.

The detailed table showing authorized funding for individual programs under the FAST Act can be found here.

Question 2: Are the apportionment calculations under section 104 of title 23, United States Code, as amended by the FAST Act, similar to those during MAP-21?

Answer 2: Yes, the calculations under section 104 of title 23, United States Code, as amended by the FAST Act, are generally similar to those during MAP-21. As under MAP-21, for each fiscal year, the FAST Act authorizes a lump sum for all apportioned programs. This lump sum is first distributed among the States based on each State's proportion of total FY 2015 apportionments. Next, this initial amount is adjusted to guarantee a 95 percent return of each State's dollar contribution to the Highway Account of the Highway Trust Fund. The resulting State apportionments are then distributed within each State among the individual apportioned programs. However, there are some important differences, including the reservation of supplemental funds for the Surface Transportation Block Grant Program and National Highway Performance Program and the provision of funds for the National Highway Freight Program. The full description of the apportionment calculations can be found in the Apportionment Fact Sheet.

Question 3: What are set-asides?

Answer 3: A set-aside is an amount or percentage of each State's apportioned funds required to be used for a specified purpose or activity.

Question 4: What set-asides are derived from apportioned funding amounts?

Answer 4: There are a number of set-asides from the apportioned amounts. Below is a summary of all of the set-asides under the FAST Act (excluding those based on penalty provisions). Please note the relevant program codes used to obligate these set aside amounts by referring to the memo referenced in the program codes Q&A below.

National Highway Performance Program (NHPP):

• State Planning & Research (SPR): Set-aside of 2 percent from each State's NHPP apportionment.

Surface Transportation Block Grant Program (STBG):

• Transportation Alternatives (TA): Set-aside from each State's STBG apportionment, with the total set-aside amount for each fiscal year specified by the FAST Act and distributed based on State shares of FY 2009 Transportation Enhancements funding. A description of the calculation can be found on the TA Fact Sheet.
• State Planning & Research (SPR): Set-aside of 2 percent from each State's STBG apportionment.
• Border State Infrastructure: Voluntary set-aside designated by a State’s Governor of up to 5 percent of STBG funding that is not suballocated for land border States to use on border infrastructure projects eligible under the SAFETEA-LU Coordinated Border Infrastructure program.
• Off-System Bridges: Set-aside of an amount equal to 15 percent of a State's FY 2009 Highway Bridge Program apportionment from the portion of each State's STBG apportionment that is not suballocated.

Highway Safety Improvement Program (HSIP):

• Certain Safety-related Programs: A national total amount of $3,500,000 is set aside from the States’ total initial HSIP apportionment. The final HSIP apportionment is net of this set-aside and the railway-highway crossings program set-aside.
• Railway-Highway Crossings Program: A national total amount specified in the FAST Act is set aside from the States' initial HSIP apportionment. The set-aside amount from each State's initial HSIP apportionment is based on the formula in section 130(f) of title 23, United States Code. The final HSIP apportionment is net of this set-aside and the certain safety-related programs set-aside.
• State Planning & Research (SPR): Set-aside of 2 percent from each State's HSIP apportionment. This set-aside is calculated based on the final HSIP apportionment.

Congestion Mitigation & Air Quality Improvement Program (CMAQ):

• State Planning & Research (SPR): Set-aside of 2 percent from each State's CMAQ apportionment.
• Priority use of CMAQ funds in PM 2.5 areas: Set-aside of 25 percent of the portion of each State's CMAQ apportionment that is based all or in part on weighted population for PM 2.5 nonattainment. The funds are for priority use on PM 2.5 projects in PM 2.5 nonattainment or maintenance areas. For low population density States, the set-aside percentage can be proportionally reduced if certain criteria are met.

National Highway Freight Program (NHFP):

• Metropolitan Planning: Set-aside of a proportionate share of each State’s NHFP funds for the State’s Metropolitan Planning Program (MPP). This set-aside is prior to apportionment and the set-aside funds are included with the State’s regular MPP funds.
• State Planning & Research (SPR): Set-aside of 2 percent from each State's NHFP apportionment.

Transportation Alternatives (TA):

• Recreational Trails Program (RTP): Set-aside of an amount equal to a State's FY 2009 RTP apportionment from each State's TA funds. A State may opt out of the set-aside no later than 30 days prior to the start of each fiscal year.

Railway-Highway Crossings Program:

• Protective devices: An amount equal to 50 percent of a State's Railway-Highway Crossings Program amount is set aside for protective devices. The remaining 50 percent is for hazard elimination.

State Planning & Research (SPR):

• Research, Development, and Technology Transfer (RD&T): Set-aside of 25 percent from each State's total SPR funding.

Question 5: Does the High Risk Rural Roads (HRRR) Special Rule continue under the FAST Act?

Answer 5: Yes. The FAST Act continues to require a State to obligate at least 200 percent of its FY 2009 HRRR amount on HRRR if the fatality rate increases over the most recent 2-year period for which data are available on rural roads in that State. The HRRR Special Rule remains the same as under MAP-21.

Question 6: What transfer to FHWA is required under the FAST Act for FHWA Recreational Trails Program (RTP) administration?

Answer 6: Each State that does not opt out of the set-aside for the RTP is required to "return" (i.e., transfer) to FHWA 1 percent from each State's RTP set-aside amount. Equal formula obligation limitation must be transferred with the funds. Specific instructions/information on the process for such transfers will be provided to the States (via the FHWA Division Offices) from the program office.

Question 7: What are limiting amounts?

Answer 7: A limiting amount is a ceiling on the amount or percentage of each State's apportioned funds that may be used for a certain purpose or activity.

Question 8: What are the limiting amounts for the apportioned funds?

Answer 8: There are a number of limiting amounts for the apportioned funds. Below is a summary of all of the limiting amounts under the FAST Act. Please note the relevant program codes used to obligate these limiting amounts by referring to the memo referenced in the program codes Q&A below (except for the data compilation and analysis limiting amount for the Railway-Highway Crossings Program, which is not tracked via FMIS program code).

Surface Transportation Block Grant Program (STBG):

• Highway use tax evasion: A State may obligate up to one-fourth percent of its STBG apportionment amount for carrying out initiatives to halt the evasion of payment of motor fuel taxes.
• Denali access system: The State of Alaska may transfer up to 15 percent of its STBG apportionment amount to the Denali Commission for the Denali Access System Program.
• Special rule for areas of 5,000 or less population: A State may obligate up to 15 percent of its STBG apportionment amount sub-allocated to areas with populations 5,000 and under for projects on roads functionally classified as minor collectors.
• On-the-job training: A State may obligate up to one-half percent of its STBG apportionment amount for carrying out on-the-job training under section 140(b) of title 23, United States Code.

Congestion Mitigation & Air Quality Improvement Program (CMAQ):

• CMAQ flexible funding: A State that either (a) does not have (and has never had) a nonattainment area or (b) has a nonattainment/maintenance area, but received a minimum CMAQ apportionment in FY 2009, may use all or a portion, respectively, of its CMAQ apportionment under the FAST Act for projects eligible under STBG. This flexible funding is adjusted based on any changes to nonattainment/maintenance area designations. See the CMAQ Fact Sheet for further details.

Recreational Trails Program:

• State program administration: A State may obligate up to 7 percent of its recreational trails funding on State costs incurred in administering the program.
• Educational programs: A State may obligate up to 5 percent of its recreational trails funding on publications and educational programs related to recreational trails.

Railway-Highway Crossings Program:

• Data compilation and analysis: A State may use not more than 2 percent of its Railway-Highway Crossings Program funds for compilation and analysis of data in support of activities carried out to produce the annual report required in section 130(g) of title 23, United States Code.

National Highway Freight Program (NHFP):

• Freight intermodal and freight rail projects: A State may obligate not more than 10 percent of its NHFP funds for freight intermodal and freight rail projects described under section 167(i)(5)(B) of title 23, United States Code.

Transportation Alternatives (TA)

• Large Urban Areas: A metropolitan planning area may use not to exceed 50 percent of TA funds suballocated to an urbanized area with a population over 200,000 for any eligible purpose under the Surface Transportation Block Grant Program.

Multiple programs:

• Certain types of projects: This provision allows for up to a 100 percent Federal share payable for certain types of eligible projects, predominantly safety projects, limited to 10 percent of combined apportionments under NHPP, STBG, HSIP, CMAQ, MPP, and NHFP. Note that the total limiting amount may be used in any proportion among the listed programs under which the projects are eligible.
• Innovative project delivery: This provision allows the Federal share payable to be increased by up to 5 percent of the total project cost, not to exceed 100 percent, for eligible projects using innovative project delivery methods, limited to 10 percent of the combined apportionments of the State under NHPP, STBG, and MPP. Note that the total limiting amount may be used in any proportion among the listed programs under which the projects are eligible.

Question 9: When are the official apportionments and further breakdowns of funding made available to the State?

Answer 9: The notice showing the official apportionments certified by the FHWA Administrator is generally issued on October 1 of each fiscal year. The notice shows the apportionments for the National Highway Performance Program (NHPP), Surface Transportation Block Grant Program (STBG), Highway Safety Improvement Program (HSIP), Railway-Highway Crossings Program, Congestion Mitigation & Air Quality Improvement Program (CMAQ), Metropolitan Planning Program (MPP), and National Highway Freight Program (NHFP). The FY 2016 apportionment notice and tables, which were issued as soon as possible after the enactment of the FAST Act, can be found here.

Apportionments are loaded into the Fiscal Management Information System (FMIS) and made available to the States shortly after the system opens for each fiscal year. States are able to view their apportionment amounts, including the detailed funding breakdowns such as set-asides (set-aside for State Planning & Research, set-aside for Transportation Alternatives, etc.), suballocations, and limiting amounts.

Supplementary tables showing the detailed funding breakdowns are issued via a separate notice at a later date (typically a couple months after the October 1 notice). In addition, following the issuance of the supplementary tables, FWHA plans to provide computational tables, which detail the calculation methodology of the apportioned programs, including set-asides, suballocations, and limiting amounts by program.

Question 10: What are the FMIS program codes for FY 2016 through FY 2020?

Answer 10: FHWA has set up new program codes for FAST Act funds. A memorandum to FHWA Division Offices and States provided the new program codes. The memorandum can be found here.

Question 11: What if I have carryover funding from a program that was continued, but amended, by the FAST Act? What rules apply to the funds?

Answer 11: For any programs that were continued, but amended, the new rules in effect based on the FAST Act will apply to all related funding, whether carryover or new. This includes programs such as Surface Transportation Block Grant Program (STBG), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Highway Safety Improvement Program (HSIP), and Transportation Alternatives (see FHWA Treatment of Carryover Highway Program Funding Table).

Question 12: What if I have carryover funding from a program that was repealed or provided no further funding by the FAST Act? What rules apply to the funds?

Answer 12: As long as funding for the program has not been rescinded and the period of availability for obligation has not expired, any carryover funding continues to be available for the original purpose under the rules that apply to the funding.

Question 13: What if I have carryover funding from a program that was consolidated within a new program and the old funding no longer has a dedicated funding source?

Answer 13: For programs that were consolidated within a new program, the carryover funding continues to be available for the original purpose under the rules that applied under the old program. This includes programs such as Safe Routes to School (SRTS) and Transportation Enhancements (TE). The rules in effect as of October 1, 2015, will apply to all new programs (see FHWA Treatment of Carryover Highway Program Funding Table).