1. What is the purpose of this Notice? This Notice transmits the revised distribution of the Revenue Aligned Budget Authority (RABA) funds for fiscal year 2001 (FY 2001) pursuant to the Transportation Equity Act for the 21st Century (TEA-21), as amended, and the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001.



2. Does this Notice cancel FHWA Notice 4510.446? Yes, this Notice cancels FHWA Notice 4510.446, Revised Distribution of Revenue Aligned Budget Authority Funds for Fiscal Year 2001, dated October 1, 2000. The revisions are minimal and were required to reflect adjustments in Highway Trust Fund contributions based on corrections resulting from the over and under reporting of 1998 motor fuel data (the most current data upon which FY 2001 apportionments are based). United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996); 41 Comp. Gen. 16 (1961).



3. What is the background information?



1. Section 110 of Title 23, United States Code (U.S.C.), provides for adjustments in funding for Federal-aid highway and highway safety construction programs funded from the Highway Account of the Highway Trust Fund to reflect changed estimates of Highway Account revenue. Under the provisions of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, funds that are authorized under Section 110 of Title 23, U.S.C., for FY 2001 shall be apportioned based on each State's percentage share of funding provided for under Section 105 of Title 23, U.S.C., for FY 2001. Of the funds to be apportioned under Section110 for FY 2001, the Secretary shall ensure that such funds are apportioned for the Interstate Maintenance Program, the National Highway System Program, the Bridge Replacement and Rehabilitation Program, the Surface Transportation Program, and the Congestion Mitigation and Air Quality Improvement Program in the same ratio that each State is apportioned funds for such programs in FY 2001.



2. Section 304 of Public Law 106-113 (113 STAT. 1501A-306) provides additional contract authority in the amount of $128,752,000 for fiscal year 2001, of the amounts available under Section 110(a)(1) of Title 23, U.S.C., and will not apply in any other fiscal year. However, Section 310(a)(1) of the Department of Transportation and Related Appropriations Act of Fiscal Year 2001 excludes this amount from the obligation limitation distribution of RABA.



4. What is the availability of these funds?



1. The RABA funds resulting from this apportionment shall be available for the same period as for the programs among which these funds are distributed.



2. The funds resulting from this apportionment are available for obligation immediately and are subject to obligation controls in force at the time of obligation.



3. As required by the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001 $156,486,491 has been set aside for High Priority Projects authorized under Section 1602 of P.L. 105-178, as amended; $18,467,857 has been set aside for the Woodrow Wilson Memorial Bridge project authorized by Section 404 of the Woodrow Wilson Memorial Bridge Authority Act of 1995, as amended; $25,000,000 has been set aside for the Indian Reservation Roads Program under Section 204 of Title 23, U.S.C.; $10,000,000 has been set aside for the commercial driver's license program under Motor Carrier Safety Grants authorized by Section 31102 of Title 49, U.S.C.; and $1,735,039 has been set aside for the Alaska Highway authorized by Section 218 of Title 23, U.S.C.



4. The Federal participating rate for these funds is the same as for the programs among which these funds are distributed.



5. As required by the Department of Transportation and Related Appropriations Act for Fiscal Year 2001, Congress has provided the sum of $101,140,000 of the funds apportioned to the States of Alabama, California, Mississippi, Nebraska, New York and Oklahoma to be obligated for specific projects as set forth in law. The Federal participating rate for these projects is based on Section 120 of Title 23, U.S.C.



5. Is the revised obligation limitation provided?
   
   
   1. Yes, the revised amount of FY 2001 formula obligation limitation associated with RABA for the Interstate Maintenance Program, the National Highway System Program, the Bridge Replacement and Rehabilitation Program, the Surface Transportation Program, and the Congestion Mitigation and Air Quality Improvement Program distributed to each State is shown on table 2.
   
   
   
   2. The amount of FY 2001 obligation limitation associated with High Priority Projects, Woodrow Wilson Memorial Bridge, Indian Reservation Roads, Commercial Driver's License and Alaska Highway is shown on table 2.
   
   
   
   3. In compliance with the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, provides for an obligation limitation of the sum of $101,140,000 of the funds apportioned to the States of Alabama, California, Mississippi, Nebraska, New York and Oklahoma for specific projects. The associated limitation shall remain available until expended. The distribution is shown on table 2.
   
   
   
6. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $3,186,752,000 AUTHORIZED TO BE APPROPRIATED FOR THE REVENUE ALIGNED BUDGET AUTHORITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001

TO--

The Secretary of the Treasury of the United States and the State Transportation Agencies:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Transportation Equity Act for the 21st Century, Title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, section 1.48 of Title 49, Code of Federal Regulations, I certify--

First, that the Secretary of the Treasury has made the estimate required by section 9503(d) of the Internal Revenue Code of 1986, and based on that estimate, I have determined that the amount that can be apportioned for the Revenue Aligned Budget Authority for the fiscal year ending September 30, 2001, is $3,186,752,000, which is 100 percent of the amount authorized to be appropriated for that fiscal year, pursuant to section 110(a)(1) and 110(e) of the Title 23, United States Code, as amended and section 1105 of the Transportation Equity Act for the 21st Century.

Second, that in compliance with the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, Public Law 106-346, I have set aside $156,486,491 from the authorization of $3,186,752,000 for fiscal year ending September 30, 2001, for projects authorized under section 1602 of Public Law 105-178 as amended, $18,467,857 of the sums remaining from the authorization of $3,186,752,000 for fiscal year ending September 30, 2001, for the Woodrow Wilson Bridge project authorized by section 404 of the Woodrow Wilson Memorial Bridge Authority Act of 1995, as amended, $25,000,000 of the sums remaining from the authorization of $3,186,752,000 for fiscal year ending September 30, 2001, for Indian Reservation Roads Program under Section 204 of Title 23, United States Code, $10,000,000 of the sums remaining from the authorization of $3,186,752,000 for fiscal year ending September 30, 2001, for commercial driver's license program under Motor Carrier Safety Grants authorized by Section 31102 of Title 49, United States Code, and $1,735,039 of the sums remaining from the authorization of $3,186,752,000 for fiscal year ending September 30, 2001, for Alaska Highway authorized by Section 218 of Title 23, United States Code.

Third, that after making the set asides, I have computed the apportionment among the several States and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Interstate Maintenance Program, the National Highway System Program, the Surface Transportation Program, the Bridge Replacement and Rehabilitation Program and the Congestion Mitigation and Air Quality Improvement Program in the manner provided by law in accordance with the formula set forth in the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, Public Law 106-346.

Fourth, that in compliance with the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, Public Law 106-346, as provided by Congress, I have made available for obligation $101,140,000 of the funds apportioned to the States of Alabama, California, Mississippi, Nebraska, New York and Oklahoma for specific projects as set forth in law.

Fifth, that in compliance with the Department of Transportation and Related Agencies Act of Fiscal Year 2001, Public Law 106-346, I have estimated that it will be necessary for administering the provisions of law to deduct 1 1/6 percent of the sums made available to the Interstate Maintenance, National Highway System, Surface Transportation Program, the Bridge Replacement and Rehabilitation Program, and the Congestion Mitigation and Air Quality Improvement Program from the sums remaining from the authorization of $3,186,752,000 for the fiscal year ending September 30, 2001, I have deducted said 1 1/6 percent from the sums remaining from the authorization of $3,186,752,000 for the fiscal year ending September 30, 2001, as set forth by Section 310(a)(7) of the Department of Transportation and Related Agencies Act of Fiscal Year 2001, Public Law 106-346.

Sixth, that subject to the foregoing set asides and deductions, the sums, which are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Table 1
Table 2

This page last modified on October 4, 2001