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Notice
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Subject

DISTRIBUTION OF REVENUE ALIGNED
BUDGET AUTHORITY FUNDS FOR
FISCAL YEAR (FY) 2002

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Classification Code Date Office of Primary Interest
N 4510.476 December 27, 2001 HABF-10

  1. What is the purpose of this Notice? This Notice transmits a distribution of the Revenue Aligned Budget Authority (RABA) funds for fiscal year 2002 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act, the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 and the Department of Defense Appropriations Act for Fiscal Year 2002.

  2. Does this Notice cancel FHWA Notice 4510.467? Yes, this Notice cancels FHWA Notice 4510.467, Tentative Distribution of Revenue Aligned Budget Authority Funds for Fiscal Year (FY) 2002, dated November 2, 2001. The adjustments to the apportionment are required pursuant to the provisions of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 and the Department of Defense Appropriations Act for Fiscal Year 2002.

  3. What is the background information? 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. Of the funds to be apportioned under section 110 for FY 2002, 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 2002.

  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 but are subject to obligation controls in force at the time of
      obligation.

    3. The Department of Transportation and Related Agencies Appropriations Act and section 1103(a) of the Department of Defense Appropriation Act for Fiscal Year 2002 provides RABA funds authorized under section 110 of title 23, U.S.C., for FY 2002. These funds shall be apportioned to each State under section 110 of title 23, U.S.C., for FY 2002, except that before such apportionments are made, $35,565,651 shall be set aside for Indian Reservation Roads Program; $31,815,091 shall be set aside for Public Lands Highways; $21,339,391 shall be set aside for Park Roads and Parkways; $2,586,593 shall be set aside for Refuge Roads, under section 204 of title 23, U.S.C.; $25,579,000 shall be set aside for
      Ferry Boats and Terminal Facilities, under section 129(c) of title 23,U.S.C., and section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991; $352,256,000 shall be set aside for National Corridor Planning and Development and Coordinated Border Infrastructure Programs, under sections 1118 and 1119 of TEA-21, as amended; $76,025,000 shall be set aside for Interstate Maintenance Discretionary, under section 118(c) of title 23, U.S.C.; $62,450,000 shall be set aside for Bridge Discretionary, under section 144(g) of title 23, U.S.C.; $251,092,600 shall be set aside for Transportation and Community and System Preservation and Pilot Program, under section 1221 of TEA-21, as amended; $10,000,000 shall be set aside for Long-Term Performance Pavement Program, under section 502(e) of title 23, U.S.C.; $56,300,000 shall be set aside for Border Infrastructure Improvements; $45,122,600 shall be set aside for allocation by the Secretary for Public Lands Highways; $23,896,000 shall be set aside and transferred to the Motor Carrier Safety Administration as authorized by section 102 of Public Law 106-159; and $29,542,304 shall be set aside for the project as authorized under title IV of the National Highway System Designation Act of 1995, as amended.

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


  5. Is the Obligation Limitation provided? The amount of FY 2002 formula obligation limitation associated with RABA for the Interstate Maintenance, 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 the attached table. The amount of FY 2002 obligation limitation associated with Indian Reservation Roads, Public Lands Highway, Park Roads and Parkways, Refuge Roads, Ferry Boats and Terminal Facilities, National Corridor Planning and Development and Coordinated Border Infrastructure Programs, Interstate Maintenance Discretionary, Bridge Discretionary, Transportation and Community and System Preservation and Pilot Program, Long-Term Performance Pavement Program, Border Infrastructure Improvements, Public Lands Highway, the Motor Carrier Safety Administration, and the Woodrow Wilson Memorial Bridge are shown on the attached table.

  6. What action is required? Division Administrators should ensure that copies of this Notice are provided to State departments of transportation.

 

  Signature: Mary E. Peters
 

Mary E. Peters
Federal Highway Administrator




CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $4,543,000,000 AUTHORIZED TO BE APPROPRIATED
FOR THE REVENUE ALIGNED BUDGET AUTHORITY
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002


TO--

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Transportation Equity Act for the 21st Century (TEA-21), title 23, United States Code (U.S.C), 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, 2002, is $4,543,000,000, 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, U. S. C., as amended and section 1105 of the TEA-21.

Second, that in compliance with the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 and section 1103(a) of the Department of Defense Appropriation Act for Fiscal Year 2002, I have set aside $35,565,651 for Indian Reservation Roads Program; $31,815,091 for Public Lands Highways; $21,339,391 for Park Roads and Parkways; $2,586,593 for Refuge Roads, under section 204 of title 23, U.S.C.; $25,579,000 for Ferry Boats and Terminal Facilities, under section 129(c) of title 23, U.S.C., and section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991; $352,256,000 for National Corridor Planning and Development and Coordinated Border Infrastructure Programs, under sections 1118 and 1119 of TEA-21, as amended; $76,025,000 for Interstate Maintenance Discretionary, under section 118(c) of title 23, U.S.C.; $62,450,000 for Bridge Discretionary, under section 144(g) of title 23, U.S.C., $251,092,600 for Transportation and Community and System Preservation and Pilot Program, under section 1221 of TEA-21, as amended; $10,000,000 for Long-Term Performance Pavement Program, under section 502(e) of title 23, U.S.C.; $56,300,000 for Border Infrastructure Improvements; $45,122,600 for allocation by the Secretary for Public Lands Highways; $23,896,000 to be set aside and transferred to the Motor Carrier Safety Administration as authorized by section 102 of Public Law 106-159; and $29,542,304 for the project as authorized under title IV of the National Highway System Designation Act of 1995, as amended.

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 TEA-21.

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

Table 1


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