FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1
23 CFR 1252
OPI: HHS-1
SUBCHAPTER C - GENERAL PROVISIONS
PART 1252 - STATE MATCHING OF PLANNING AND ADMINISTRATION COSTS
Sec.
1252.1 Purpose.
1252.2 Definitions.
1252.3 Applicability.
1252.4 Policy.
1252.5 Procedures.
1252.6 Responsibilities.
Authority: 23 U.S.C. 402 and 315; 49 CFR 1.48(b) and 1.50.
Source: 45 FR 47145, July 14, 1980, unless otherwise noted.
Sec. 1252.1 Purpose.
This part establishes the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA) policy on planning and administration (P&A) costs for State highway safety agencies. It defines planning and administration costs, describes the expenditures that may be used to satisfy the State matching requirement, prescribes how the requirement will be met, and when States will have to comply with the requirement.
Sec. 1252.2 Definitions.
(a) Fiscal year means the twelve months beginning each October 1, and ending the following September 30.
(b) Direct costs are those costs which can be identified specifically with a particular planning and administration or program activity. The salary of a data analyst on the State highway safety agency staff is an example of a direct cost attributable to P&A. The salary of an emergency medical technician course instructor is an example of direct cost attributable to a program activity.
(c) Indirect costs are those costs (1) incurred for a common or joint purpose benefiting more than one program activity and (2) not readily assignable to the programactivity specifically benefited. For example, centralized support services such as personnel, procurement, and budgeting would be indirect costs.
(d) Planning and administration (P&A) costs are those direct and indirect costs that are attributable to the overall development and management of the Highway Safety Plan. Such costs could include salaries, related personnel benefits, travel expenses, and rental costs.
(e) Program management costs are those costs attributable to a program area (e.g., salary of an emergency medical services coordinator, the impact evaluation of an activity, or the travel expenses of a local traffic engineer).
(f) State highway safety agency is the agency directly responsible for coordinating the State's highway safety program authorized by 23 U.S.C. 402.
Sec. 1252.3 Applicability.
The provisions of this part apply to obligations incurred after November 6, 1978, for planning and administration costs under 23 U.S.C. 402.
Sec. 1252.4 Policy.
Federal participation in P&A activities shall not exceed 50 percent of the total cost of such activities, or the applicable sliding scale rate in accordance with 23 U.S.C. 120. The Federal contribution for P&A activities shall not exceed 10 percent of the total funds the State receives under 23 U.S.C. 402. In accordance with 23 U.S.C. 120(i), the Federal share payable for projects in the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands shall be 100 percent. The Indian State, as defined by 23 U.S.C. 402 (d) and (i), is exempt from the provisions of this part. NHTSA funds shall be used only to finance P&A activities attributable to NHTSA programs and FHWA funds shall be used only to finance P&A costs attributable to FHWA programs.
[47 FR 15121, Apr. 8, 1982]
Sec. 1252.5 Procedures.
(a) P&A tasks and related costs shall be described in the P&A module of the State's Highway Safety Plan. The State's matching share shall be determined on the basisof the total P&A costs in the module. Federal participation shall not exceed 50 percent (or the applicable sliding scale) of the total P&A costs. A State shall not use NHTSA funds to pay more than 50 percent of the P&A costs attributable to NHTSA programs nor use FHWA funds to pay more than 50 percent of the P&A costs attributable to FHWA programs. In addition, the Federal contribution for P&A activities shall not exceed 10 percent of the total funds in the State received under 23 U.S.C. 402.
(b) FHWA and NHTSA funds may be used to pay for the Federal share of P&A costs up to the amounts determined by multiplying the Federal share by the ratio between the P&A costs attributable to FHWA programs and the P&A costs attributable to NHTSA programs. For example: A State's total P&A costs are $40,000. The State's share is 50 percent or $20,000. To pay the remaining $20,000, the State first ascertains the amount spent out of the total costs for each agency's programs, then applies the ratio between these two amounts to the $20,000. If $36,000 of the total costs are spent for NHTSA programs and $4,000 for FHWA programs, the ratio would be 9/1 and the corresponding allocation of the Federal share would be $18,000 to NHTSA and $2,000 to FHWA.
(c) A State at its option may allocate salary and related costs of State highway safety agency employees to one of the following:
(1) The administration and planning functions in the P&A module;
(2) The program management functions in one or more Program modules; or
(3) A combination of administration and planning functions in the P&A module and the program management functions in one or more program modules.
(d) If an employee is principally performing administration and planning functions under a P&A module, the total salary and related costs may be allocated to the P&A module. If the employee is principally performing program management functions under one or more program modules, the total salary and related costs may be charged directly to the appropriate module(s). If an employee isspending time on a combination of administration and planning functions and program management functions, the total salary and related costs may be charged to the appropriate module(s) based on the actual time worked under each module. If the State highway safety agency elects to allocate costs based on actual time spent on an activity, the State highway safety agency must keep accurate time records showing the work activities for each employee. The State's record keeping system must be approved by the appropriate FHWA and NHTSA officials.
(e) Those tasks and related costs contained in the P&A module, not defined as P&A costs under Sec. 1252.2(d) of this part, are not subject to the planning and administration cost matching requirement.
[45 FR 47145, July 14, 1980, as amended at 47 FR 15121, Apr. 8, 1982]
Sec. 1252.6 Responsibilities.
During the Highway Safety Plan approval process, the responsible FHWA and NHTSA officials shall approve a P&A module only if the projected State expenditure is at least 25 percent (or the appropriate sliding scale rate) of the total P&A costs identified in the module. If a State elects to prorate P&A and program management costs, the appropriate NHTSA and FHWA officials must approve the method that the State highway safety agency will use to record the time spent on these activities. During the process of reimbursement, the responsible FHWA and NHTSA officials shall assure that Federal reimbursement for P&A costs at no time exceeds 75 percent (of the applicable sliding scale rate) of the costs accumulated at the time of reimbursement.
