1. What is the purpose of this Notice? This Notice is to provide supplementary tables related to the revised apportionments of the authorizations of the following funds for FY 2001.

Interstate Maintenance National Highway System Bridge Replacement & Rehabilitation Surface Transportation Program Congestion Mitigation & Air Quality Improvement Minimum Guarantee Revenue Aligned Budget Authority (RABA)

The Appalachian Development Highway System, Recreational Trails and Metropolitan Planning apportionments remain the same.



2. Does this Notice cancel FHWA Notice N4510.449? Yes, this Notice cancels FHWA Notice N4510.449, Supplementary Tables - Apportionments Authorized for Fiscal Year (FY) 2001, dated March 27, 2001. The revisions to the apportionments are minimal and are 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-Aid Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996): 41 Comp. Gen. 16 (1961).



3. What do the following tables show?



1. Table 1 shows the total amount of Interstate and non-Interstate funds authorized for FY 2001 apportioned to the States by formula.


2. Table 2 shows adjustments, according to 23 U.S.C.§ 105(f), of the percentages shown in 23 U.S.C. § 105(b).


3. Table 3 shows the distribution of Minimum Guarantee funds. Page 1 shows the amount of Minimum Guarantee funds authorized for FY 2001, which are exempt from limitation, subject to special limitation, and subject to formula obligation limitation. Page 2 shows the programmatic distribution of Minimum Guarantee funds over $2.8 billion to the core programs (Interstate Maintenance, National Highway System, Surface Transportation Program, Bridge Replacement and Rehabilitation, and Congestion Mitigation and Air Quality Improvement). The amounts shown on Page 2 are inclusive of amounts that were reserved for 2 percent Statewide Planning and Research (SPR) projects.


4. Table 4 shows the programmatic distribution of Revenue Aligned Budget Authority(RABA) funds to the core programs (Interstate Maintenance, National Highway System, Surface Transportation Program, Bridge Replacement and Rehabilitation, and Congestion Mitigation and Air Quality Improvement) and High Priority Projects. The amounts shown are inclusive of amounts that were reserved for 2 percent SPR projects.


5. Table 5 shows the total amount of Interstate Maintenance, National Highway System, Surface Transportation Program, Bridge Replacement and Rehabilitation, and Congestion Mitigation and Air Quality Improvement funds authorized for FY 2001 apportioned to the States by formula, including the programmatic distribution of Minimum Guarantee and RABA funds. The funds are inclusive of amounts reserved for transfer for those States that failed to meet the provisions of 23 U.S.C. § 154 (Open Container Requirements) and 23 U.S.C. § 164 (Minimum Penalties for Repeat Offenders). Under the provisions of 23 U.S.C. § 154(c) and 23 U.S.C. § 164(b), 1.5 percent of the amount required to be apportioned to the States will be transferred to the States' Safety Program, as outlined in 23 U.S.C. § 402. Amounts transferred were subject to determination by the States, according to 23 U.S.C. § 154(c)(5) and 23 U.S.C. § 164(b)(5). The amounts shown are also inclusive of amounts that were reserved for 2 percent Statewide Planning and Research (SPR) projects.


6. Table 6 shows the total amount of funds reserved for transfer for those States that failed to meet the provisions of 23 U.S.C. § 154 (Open Container Requirements) and 23 U.S.C. § 164 (Minimum Penalties for Repeat Offenders). Under the provisions of 23 U.S.C. § 154(c) and 23 U.S.C. § 164(b), 1.5 percent of the amount required to be apportioned to the States will be transferred to the States' Safety Program, as outlined in 23 U.S.C. § 402. Amounts transferred were subject to determination by the States, according to 23 U.S.C. § 154(c)(5) and 23 U.S.C. § 164(b)(5).


7. Table 7 shows the total amount of 2 percent SPR funds available, per Section 5015 of Public Law (P.L.) 105-178, from Interstate Maintenance, National Highway System, Surface Transportation Program, Bridge Replacement and Rehabilitation,Congestion Mitigation and Air Quality Improvement, Minimum Guarantee and RABA funds apportioned to the States by formula.


8. Table 8 shows the total amount of Interstate Maintenance, National Highway System, Surface Transportation Program, Bridge Replacement and Rehabilitation, and Congestion Mitigation and Air Quality Improvement funds authorized for FY 2001 apportioned to the States by formula, including the programmatic distribution of Minimum Guarantee and RABA funds. The amounts shown are exclusive of amounts that were reserved for transfer; the States determined the amounts to be transferred. The amounts shown are also exclusive of amounts that were reserved for 2 percent SPR projects.


9. Table 9 shows the limiting amounts available for ½ of 1 percent for National Highway Institute Education and Training projects from Surface Transportation Program funds apportioned for FY 2001. The table also shows the ¼ of 1 percent limiting amounts available for initiatives to halt the evasion of payment of motor-fuel taxes (according to 23 U.S.C. § 143(b)(8)). Also shown on the table is the 15 percent limiting amount available for roads that are functionally classified as minor collectors according to Section 1108(f)(1) of P.L. 105-178.


10. Table 10 shows the limiting amounts available for ½ of 1 percent Skills Training projects, according to Section 412 of P.L. 102-388, from the Surface Transportation Program and Bridge Replacement and Rehabilitation funds apportioned for FY 2001.


11. Table 11 shows the 10 percent limiting amounts available for traffic control signalization, safety rest areas, pavement markings, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles or priority control systems for emergency vehicles at signalized intersections according to 23 U.S.C. § 120(c), from Interstate Maintenance, National Highway System, Surface Transportation Program, Congestion Mitigation and Air Quality Improvement, and Recreational Trails funds apportioned for FY 2001.


12. Table 12 shows the distribution of Surface Transportation Program funds. Page 1 shows the amount of Surface Transportation Program funds authorized for FY 2001 and apportioned to the States by formula, including the programmatic distribution of Minimum Guarantee and RABA funds. The amounts shown are exclusive of amounts that were reserved for 2 percent SPR projects. Page 2 lists the sub-allocations for the following:


1. installing protective devices at rail-highway crossings, according to 23 U.S.C. § 130(a),


2. eliminating hazards at rail-highway crossings according to 23 U.S.C. §130(e),
   
   
3. eliminating hazards on any public road, according to 23 U.S.C. §152,
   
   
4. amount of funds available for any of the safety categories,


5. total amount of Surface Transportation Program funds that are to be obligated for safety construction projects, according to 23 U.S.C. § 133(d)(1),
   
   
6. total amount of Surface Transportation Program funds that are to be obligated for transportation enhancement activities, per Section 1007(c) of P.L. 102-240,


7. amount of funds that are to be obligated in urbanized areas of the State with an urbanized area population over 200,000, according to 23 U.S.C. § 133(d)(3)


8. amount of funds that are to be obligated in areas of the State with less than 200,000 population, according to 23 U.S.C. § 133(d)(3),


9. amount of funds that are to be obligated in areas of the State (other than urban areas with a population greater than 5,000), according to 23 U.S.C. § 133(d)(3)(B), and


10. amount of funds that may be obligated in any area of the State for Surface Transportation Program projects. These funds are exclusive of amounts that were reserved for transfer to the States' Safety Program, as outlined in 23 U.S.C. § 402.


13. Table 13 shows the sub-allocations of Surface Transportation Program funds from the FY 2001 apportionment to urbanized areas with 200,000 or more population.


14. Table 14 shows the total amounts of the FY 2001 apportionment of the Bridge Replacement and Rehabilitation funds segmented between the:


1. minimum amount of 15 percent required to be expended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federal-aid system,
   
   
2. minimum amount of 65 percent required to be expended for projects to replace or rehabilitate highway bridges located on public highways on a Federal-aid system, and
   
   
3. remaining 20 percent that may be expended for projects to replace or rehabilitate highway bridges located on public highways on or off a Federal-aid highway system.
   
   
15. Table 15  shows the total amounts of the FY 2001 apportionment of Congestion Mitigation and Air Quality Improvement funds. The table also shows the:


1. mandatory spending amounts for non-attainment areas, according to 23 U.S.C.§ 149(c)(2), and


2. flexible spending amounts, according to 23 U.S.C. § 149(c)(2), which can be used for any eligible project under 23 U.S.C. § 133.


16. Table 16 shows the flexibility of total amounts of the FY 2001 apportionment of Congestion Mitigation and Air Quality Improvement funds, as compared to an FY 2001 Congestion Mitigation and Air Quality Improvement Program authorized at $1.35 billion, according to 23 U.S.C. § 126(c).


17. Table 17 shows the total amount of the FY 2001 apportionment of the Recreational Trails funds. The table also shows the 7 percent limiting amounts, according to 23 U.S.C. § 206(d)(2)(F), for paying costs to the State incurred in program administration, and 5 percent limiting amounts, according to 23 U.S.C. § 206(d)(2)(G), for operating educational programs to promote safety and environmental protection, as those objectives relate to using recreational trails.



4. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Tansportation.

Original Signed by Thomas Merlo
Director, Office of Budget and Finance