This directive was canceled on January 25, 2005

U.S. Department of Transportation Federal Highway Administration	Notice Subject Fiscal Year (FY) 2005 Metropolitan Planning Funds Pursuant to The Surface Transportation Extension Act of 2004, Part V
	Classification Code	Date	Office of Primary Interest
	N4510.536	October 28, 2004	HABF-10

1. What is the purpose of this Notice? This Notice transmits the certificate of Metropolitan Planning funds authorized for FY 2005 by the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), Public Law (P.L.) 108-310. The apportionment is effective immediately.
   
   
2. What is the background information?
   
   
   1. Pursuant to Section 5(c)(1) of the STEA04, Part V, 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 STEA04, Part V, which provides that a State shall not obligate any funds for any Federal-aid highway program project after May 31, 2005, until enactment of a multi-year law reauthorizing the Federal-aid highway program, as well as obligation controls imposed by a continuing resolution or an Act making appropriations for the Department of Transportation for FY 2005.
      
      
   3. The Program code to be used when obligating these funds is H45.
      
      
3. What action is required? Division Administrators should ensure that this Notice is provided to State departments of transportation.

	Mary E. Peters Administrator

Table 1

CERTIFICATE OF APPORTIONMENT OF
THE SUM OF $145,000,000 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 V

TO-

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

Pursuant to section 9503 of the Intermodal Revenue Code of 1986, the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), 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 STEA04, Part V, is $145,000,000, 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 STEA04, Part V.

Second, that pursuant to section 5(c)(1) of the STEA04, Part V, 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 STEA04, Part V, which provides that a State may not obligate any funds for any Federal-aid highway program project after May 31, 2005, until enactment of a multi-year law reauthorizing the Federal-aid highway program, as well as obligation controls imposed by a continuing resolution or an Act making appropriations for the Department of Transportation for FY 2005.

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, effectively immediately, are respectively as follows: