TRANSFER OF FUNDS PURSUANT TO THE CONSOLIDATED APPROPRIATIONS ACT, 2004, PUBLIC LAW (P.L.) 108-199
|Classification Code||Date||Office of Primary Interest|
|N 4510.516||February 20, 2004||HABF-10|
What is the purpose of this Notice? This Notice is to notify the States of a transfer of unobligated Federal-aid highway funds apportioned to States, as required by two provisions in Division F of the Consolidated Appropriations Act, 2004, P.L. 108-199: (1) funds made available under the heading “Federal-aid Highways, Miscellaneous Highway and Highway Safety Programs,” and (2) section 115.
What apportioned funds are being transferred? Unobligated balances of funds apportioned to States under the following five core programs are being transferred: 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.
How are the apportioned funds being transferred?
(a) Transfer of unobligated balances to the Miscellaneous Highway and Highway Safety Programs – The transfer of unobligated balances is being applied proportionately to States based upon the total fiscal year (FY) 2003 apportionments to the States for the five core apportioned programs. Table 1 shows each State’s share of the total transfer amount based upon FY 2003 apportionments for the IM, NHS, Bridge, STP and CMAQ programs, inclusive of funds programmatically distributed from Minimum Guarantee but excluding funds set aside for State Planning and Research and after application of penalties pursuant to title 23, United States Code (U.S.C.), section 154 (Open Container Requirements), 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 transferred from each of the five core programs, as well as the categories within the Bridge program and the STP, 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 transfer. The information should be submitted on the attached Table 2 to the Budget Division’s official electronic mailbox, “FHWA, BudgetDivision.”
(b) Transfer of unobligated balances to the section 115 projects – Unobligated balances of the five core apportioned programs will be transferred to each of the surface transportation projects identified in section 115 of the statement of managers accompanying the Consolidated Appropriations Act, 2004, P.L. 108-199, based on the following procedures:
(1) The amount identified for each project in such State identified shall be made available from that State’s unobligated balance in any of the five core programs for which the project would be eligible, such selection to be at the option of the State.
(2) If a project is not otherwise eligible for funding under one of the five core programs, then such project shall be deemed eligible and shall be funded from the unobligated balance of funds made available for the program for which funds are authorized under section 1101(a)(4) of P.L. 105-178, as amended, but not including funds set aside pursuant to 133(d) of title 23, U.S.C.
(3) Funds made available under section 115 may, at the request of a State, be transferred by the Secretary to another Federal agency to carry out a project funded under section 115, such funds to be then administered by the procedures of the Federal agency to which such funds may be transferred.
(4) All funds made available for obligation under section 115 shall be available in the same manner as though such funds were apportioned under Chapter 1 of title 23, U.S.C., except that the Federal share payable on account of any program, project, or activity carried out with funds made available under section 115 shall be 100 percent Federal and such funds shall remain available for obligation until expended.
(5) All funds made available in section 115 shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in the Consolidated Appropriations Act, 2004,
P.L. 108-199, or any other Act.
(6) Not later than 30 days after the date of this Notice, the States must identify the amounts to be transferred 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 3. The States should ensure that a sufficient amount of unobligated funds are available within each program and category selected to bear the transfer. The information should be submitted on the attached
Table 4 to the Budget Division’s official electronic mailbox, “FHWA, BudgetDivision.”
What action is required? Division Administrators should ensure that this Notice is provided to State departments of transportation.
Mary E. Peters