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Notice
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Subject
Revised Fiscal Year (FY) 2004 Metropolitan Planning Funds Pursuant to The Surface Transportation Extension Act of 2004, Part IV
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Classification CodeDate
Office of Primary Interest
N 4510.529 August 25, 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, the Surface Transportation Extension Act of 2004, Part II (STEA04, Part II), P.L. 108-224, the Surface Transportation Extension Act of 2004, Part III (STEA04, Part III), P.L. 108-263, and the Surface Transportation Extension Act of 2004, Part IV (STEA04, Part IV), P.L. 108-280. The apportionment is effective immediately.

  2. Does this Notice cancel the FHWA Notice 4510.526?

    1. Yes, this Notice cancels the FHWA Notice 4510.526, Revised Fiscal Year (FY) 2004 Metropolitan Planning Funds Pursuant to the Surface Transportation Extension Act of 2004, Part III, dated July 8, 2004. The revisions to the apportionment are required pursuant to the STEA04, the STEA04, Part II, the STEA04, Part III, the STEA04, Part IV, a .59 percent across-the-board rescission contained in Division H, section 168, of the Consolidated Appropriations Act, 2004, P.L. 108 199, and an adjustment to carry out the provisions of title 26, United States Code (U.S.C.), section 9503(d) of the Internal Revenue Code of 1986.

    2. The FY 2004 Advance Apportionments pursuant to STEA04, Part IV, are being adjusted as required by title 26, U.S.C., section 9503(d) of the Internal Revenue Code of 1986, commonly referred to as the Byrd Test. The Byrd Test is a comparison of outstanding highway authorizations to current resources and projected receipts for the Highway Account of the Highway Trust Fund. If, in any fiscal year, unfunded authorizations at the end of the year will exceed the receipts projected for the following two fiscal years, the Secretary of Transportation is required to reduce highway apportionments for the year by the amount of the excess. With enactment of the STEA04, Part IV, the estimated unfunded Highway Account authorizations at the end of FY 2004 exceeded the Highway Account receipts projected for FY 2005 and FY 2006 by $728,565,628, requiring the reduction of all apportioned programs authorized from the Highway Account of the Highway Trust Fund by 2.3650 percent. The Metropolitan Planning funds are accordingly reduced by $5,642,623 or 2.3650 percent.

  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, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV, 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, U.S.C.

    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, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV, which provides that a State shall not obligate any funds for any Federal-aid highway program project after September 24, 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

Mary E. Peters
Administrator

Buckle Up America

CERTIFICATE OF APPORTIONMENT OF
THE SUM OF $240,000,000 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 IV

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), the Surface Transportation Extension Act of 2004, Part II (STEA04, Part II), the Surface Transportation Extension Act of 2004, Part III (STEA04, Part III), and the Surface Transportation Extension Act of 2004, Part IV (STEA04, Part IV), 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 title 26, United States Code, section 9503(d) of the Internal Revenue Code of 1986 and based on that estimate, I have determined that from the amount of $240,000,000 made available that 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, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV, it will be necessary, in accordance with Division H, section 168, of the Consolidated Appropriations Act, 2004, P.L. 108-199, to deduct .59 percent from the sum of $240,000,000 authorized to be appropriated by section 5(c)(1) of the STEA03, as amended by sections 4(c) of the STEA04, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV. In addition, a reduction of 2.3650 percent must be taken from the apportionment to carry out the provisions of the Byrd amendment (title 26, United States Code, section 9503(d)(3)(B)), which yields a sum of $232,941,377, which 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, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV.

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, 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, the STEA04, Part II, the STEA04, Part III, and the STEA04, Part IV, which provides that a State may not obligate any funds for any Federal-aid highway program project after September 24, 2004, until enactment of a law reauthorizing the Federal-aid highway program.

Fourth, 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.

Fifth, that 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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