This directive was canceled July 8, 2004.

U.S. Department of Transportation Federal Highway Administration	Notice Subject REVISED FISCAL YEAR (FY) 2004 METROPOLITAN PLANNING FUNDS PURSUANT TO THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART II
	Classification Code	Date	Office of Primary Interest
	N 4510.522	May 14, 2004	HABF-10

1. What is the purpose of this Notice? This Notice transmits the revised certificate of Metropolitan Planning funds authorized for FY 2004 by the Surface Transportation Extension Act of 2003 (STEA03), Public Law (P.L.) 108-88, as amended by the Surface Transportation Extension Act of 2004 (STEA04), P.L. 108-202, and the Surface Transportation Extension Act of 2004, Part II (STEA04, Part II), P.L. 108-224. The apportionment is effective immediately.

2. Does this Notice cancel the FHWA Notice 4510.519? Yes, this Notice cancels the FHWA Notice 4510.519, Revised Fiscal Year (FY) 2004 Metropolitan Planning Funds Pursuant to the Surface Transportation Extension Act of 2004, dated March 19, 2004. The revisions to the apportionment are required pursuant to the STEA04 and the STEA04, Part II and a .59 percent across-the-board rescission contained in Division H, section 168, of the Consolidated Appropriations Act, 2004, P.L. 108-199.

3. What is the background information?

   1. Pursuant to section 5(c)(1) of the STEA03, as amended by sections 4(c) of the STEA04 and the STEA04, Part II, the Metropolitan Planning funds shall be available for obligation in the same manner as if the funds were apportioned under Chapter 1 of title 23, United States Code.

   2. The funds are available for obligation immediately and are subject to obligation controls in section 2(e)(3) of the STEA03, as amended by sections 2(d) of the STEA04 and the STEA04, Part II, which provides that a State shall not obligate any funds for any Federal-aid highway program project after June 30, 2004, until enactment of a law reauthorizing the Federal-aid highway program, as well as obligation controls imposed by Division F of the Consolidated Appropriations Act, 2004, P.L. 108-199, the Department of Transportation, Treasury, and Independent Agencies Appropriations Act, 2004.

   3. The Program code to be used when obligating these funds is H45.

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

	Mary E. Peters Administrator

Attachments

Certificate of Apportionment
Table 1

CERTIFICATE OF APPORTIONMENT OF
THE SUM OF $180,000,000 AUTHORIZED TO BE MADE
AVAILABLE FROM THE HIGHWAY TRUST FUND TO CARRY
OUT SECTION 134 OF TITLE 23, UNITED STATES CODE PURSUANT TO
THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART II

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 Surface Transportation Extension Act of 2003 (STEA03), the Surface Transportation Extension Act of 2004 (STEA04) and the Surface Transportation Extension Act of 2004, Part II (STEA04, Part II), title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in 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 which can be apportioned from the Highway Trust Fund to carry out section 5(c) of the STEA03 as amended by sections 4(c) of the STEA04 and the STEA04, Part II is 100 percent of the amount authorized to be made available from the Highway Trust Fund in compliance with section 5(c) of the STEA03, as amended by sections 4(c) of the STEA04 and the STEA04, Part II.

Second, that pursuant to section 5(c)(3) of the STEA03, these funds are available for obligation as if they had been apportioned under Chapter 1 of title 23, United States Code.

Third, that pursuant to Division H, section 168, of the Consolidated Appropriations Act, 2004, P.L. 108-199, I have determined that it will be necessary to deduct .59 percent from the sum of $180,000,000 authorized to be appropriated by section 5(c)(1) of the STEA03, as amended by sections 4(c) of the STEA04 and the STEA04, Part II. The resulting amount authorized to be appropriated is $178,938,000.

Fourth, the amounts apportioned are subject to obligation controls contained in section 2(e)(3) of the STEA03, as amended by sections 2(d) of the STEA04 and the STEA04, Part II which provides that a State may not obligate any funds for any Federal-aid highway program project after June 30, 2004, until enactment of a law reauthorizing the Federal-aid highway program.

Fifth, that I have computed the apportionment for Metropolitan Planning funds for the purpose of carrying out section 134 of title 23, United States Code, among the States and the District of Columbia in the manner provided by law in accordance with the formula in section 104(f)(2) of title 23, United States Code.

Sixth, that the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

REVISED APPORTIONMENT OF FUNDS FOR METROPOLITAN PLANNING
PURSUANT TO SURFACE TRANSPORTATION EXTENSION ACT OF 2003, (P.L. 108-88), AS AMENDED
BY THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, (P.L. 108-202)
AND THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART II, (P.L. 108-224)
AND THE CONSOLIDATED APPROPRIATIONS ACT, 2004, (P.L. 108-199)

	APPROVED EFFECTIVE May 14, 2004
	FEDERAL HIGHWAY ADMINISTRATOR