1. What is the purpose of this Notice? This Notice is to notify the States of a rescission of $207 million of unobligated Federal-aid highway funds apportioned to States, as required by the Consolidated Appropriations Act, 2004, Public Law (P.L.) 108-199.

2. What apportioned funds are being rescinded? Unobligated balances of funds apportioned to States under the following five core programs are being rescinded: Interstate Maintenance (IM), section 1101(a)(1); National Highway System (NHS), section 1101(a)(2); Bridge Program, section 1101(a)(3); Surface Transportation Program (STP), section 1101(a)(4); and Congestion Mitigation and Air Quality Improvement Program (CMAQ), section 1101(a)(5); of P.L. 105-178, as amended.

3. How are the apportioned funds being rescinded? The rescission is being applied proportionately to States based upon the total fiscal year (FY) 2004 apportionments to the States for the five core apportioned programs. Table 1 shows each State’s share of the total rescinded amount based upon FY 2004 apportionments for the IM, NHS, Bridge, STP and CMAQ programs, inclusive of funds programmatically distributed from Minimum Guarantee but excluding unds set aside for State Planning and Research and after application of penalties pursuant to title 23, United States Code, section 154 (Open Container Requirements), section 163 (Operation of Motor Vehicles by Intoxicated Persons) and section 164 (Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence), which are separate from, but impact the core programs by operation of law. Not later than 30 days after the date of this Notice, the States must identify the amounts to be rescinded from each of the five core programs, as well as the categories within the STP and Bridge program, based on the amounts shown on Table 1. The States should ensure that a sufficient amount of unobligated funds are available within each program and category selected to bear the rescission. The information should be submitted on the attached Table 2 to the Budget Division’s official electronic mailbox, “FHWA, BudgetDivision.”

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

	Mary E. Peters Administrator

Attachments

Table 1
Table 2