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Notice
Subject
Revised Fiscal Year (FY) 2005 Advance Apportionment Pursuant to the Surface Transportation Extension Act of 2005, Part V
Classification Code Date Office of Primary Interest
N 4510.548 August 18, 2005 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of advance apportionment of Federal-aid highway program funds pursuant to the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), Public Law (P.L.) 108-310, as amended by the Surface Transportation Extension Act of 2005 (STEA05), P.L. 109-14; the Surface Transportation Extension Act of 2005, Part II (STEA05, Part II), P.L. 109-20; the Surface Transportation Extension Act of 2005, Part III (STEA05, Part III), P.L. 109-35; the Surface Transportation Extension Act of 2005, Part IV (STEA05, Part IV), P.L. 109-37; and the Surface Transportation Extension Act of 2005, Part V (STEA05, Part V), P.L. 109-40. This apportionment is effective immediately.

  2. Does this Notice cancel FHWA Notice 4510.545? Yes, this Notice cancels FHWA Notice 4510.545, Apportionment of the Fiscal Year (FY) 2005 Advance Apportionment pursuant to the Surface Transportation Extension Act of 2005, Part II, dated July 19, 2005. The revisions to the apportionment are required pursuant to the STEA05, Part V.

  3. What is the background information?

    1. The advance apportionment extends highway and highway safety programs.

    2. Section 2(c) of the STEA05, Part V, authorizes a total of $28,243,990,320 in contract authority for the Interstate Maintenance, National Highway System, Surface Transportation, Bridge, Congestion Mitigation and Air Quality Improvement, Recreational Trails, Appalachian Development Highway System, and Minimum Guarantee Programs.

    3. Division J, title I, section 122, of the Consolidated Appropriations Act, 2005, P.L. 108-447 applies a .8 percent across-the-board rescission to any contract authority provided in FY 2005 for any program subject to a limitation set in any Division of that Act. As a result, the amount described in Item 3b above is reduced by $221,708,961– $28,243,990,320, less $530,370,000 for the portion of Minimum Guarantee exempt from the obligation limitation, times .8 percent.

    4. Division H, title I, section 117, of P.L. 108-447 applies a 4.1 percent takedown to the remaining amounts authorized for the Interstate Maintenance, National Highway System, Surface Transportation, Bridge, Congestion Mitigation and Air Quality Improvement, Appalachian Development Highway System, and Minimum Guarantee Programs. This provision reduces the amounts apportioned for the listed programs by an additional $1,146,914,148.

    5. The total contract authority available for distribution net of these reductions is $26,875,367,211.

    6. Each State's advance apportionment as shown on Table 1, column 1 represents a proportional distribution of the $26,875,367,211 relative to each State's FY 2004 share of formula obligation authority as adjusted by the provisions of section 105(f) of title 23, United States Code (U.S.C.), relating to Minimum Guarantee as prescribed in section 2(a) of the STEA04, Part V, as amended by the STEA05; the STEA05, Part II; the STEA05, Part III; the STEA05, Part IV; and the STEA05, Part V.

  4. What is the programmatic distribution?

    1. In accordance with section 2(b) of the STEA04, Part V, as amended by the STEA05, the STEA05, Part II; the STEA05, Part III; the STEA05, Part IV, and the STEA05, Part V the funds apportioned to each State are distributed within that State among the Interstate Maintenance, National Highway System, Surface Transportation, Bridge, Congestion Mitigation and Air Quality Improvement, Recreational Trails, Appalachian Development Highway System, and Minimum Guarantee Programs in the same ratio that funds were apportioned to that State for those programs in FY 2004. This distribution among the funding categories is shown on Table 2 pursuant to STEA05, Part V.

    2. The funds shown on Table 2 shall be administered as if apportioned under title 23, U.S.C. The period of availability of funds apportioned under the STEA04, Part V, as amended by the STEA05, the STEA05, Part II, the STEA05, Part III; the STEA05, Part IV; and the STEA05, Part V shall be the same as for programs among which funds are distributed.

    3. The funds are available for obligation immediately and are subject to obligation controls in section 2(e)(3) of the STEA04, Part V, as amended by section 2(d) of the STEA05; the STEA05, Part II; the STEA05, Part III; the STEA05, Part IV; and the STEA05, Part V. Obligation controls are imposed by Division H of the Consolidated Appropriations Act, 2005, P.L. 108-447, the Transportation,Treasury, Independent Agencies, and General Government Appropriations Act, 2005.

  5. What are the repayment procedures?

    1. The amounts that will be apportioned for FY 2005 under chapter 1 of title 23, U.S.C., pursuant to reauthorizing legislation, shall be reduced by the amounts apportioned herein.

    2. As existing program categories may not be funded under reauthorizing legislation, procedures will be developed as to the restoration of advance apportionment funds to the Federal-aid highway program.

  6. Are certain States subject to withholding or penalty transfer? Yes. Currently, the States that are listed under the following three requirements are subject to withholding and transfer of funds. The funds to be transferred will be transferred to the State's 402 Safety Program. It should be noted that the following withholding and transfer amounts are subject to change based on the multi-year law reauthorizing the Federal-aid highway program.

    1. Open Container Requirements – 23 U.S.C. 154 – 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, Tennessee, Virginia, West Virginia, and Wyoming

      Fnds will be withheld from the State of New York pending verification of compliance with this law.

    2. Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence – 23 U.S.C. 164 – 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, West Virginia, and Wyoming

      Tables 5 and 6 illustrate the revised amounts to be transferred and withheld under sections 154(c)(5) and 164(b)(5). Table 7 illustrates the revised total amounts to be transferred under sections 154(c)(5) and 164(b)(5) based on the State's designation.

  7. What do the tables illustrate?

    1. Amounts on Table 1, column 1, pursuant to the STEA05, Part V, illustrate the amounts being provided per this Notice.

    2. Amounts on Table 1, columns 2 and 3, are illustrated only to show the amounts provided pursuant to the STEA05, Part IV, and the STEA05, Part III, that are not provided under a separate Notice.

    3. Amounts on Table 1, columns 2 and 3, pursuant to the STEA05, Part IV, and the STEA05, Part III, are reflective in column 1, amounts pursuant to the STEA05, Part V.

    4. Amounts on Table 2 pursuant to STEA05, Part V, illustrate the amounts being provided per this Notice.

    5. Amounts on Table 3 are shown only to illustrate the amounts provided pursuant to the STEA05, Part IV, that are not provided under a separate Notice.

    6. Amounts on Table 4 are shown only to illustrate the amounts provided pursuant to the STEA05, Part III, that are not provided under a separate Notice.

    7. Amounts on Tables 3 and 4 pursuant to the STEA05, Part IV, and the STEA05, Part III, are reflective on Table 2, amounts pursuant to STEA05, Part V.

    8. Amounts on Tables 5, 6 and 7 are cumulative amounts of funds that will be transferred/withheld from the States pursuant to the provisions of title 23, U.S.C., section 154, the Open Container Requirements law, and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence law.

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

J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America

CERTIFICATE OF ADVANCE APPORTIONMENT FROM
THE SUM OF $28,243,990,320 AUTHORIZED TO BE
ADVANCED FROM THE HIGHWAY TRUST FUND FOR
PROGRAMMATIC DISTRIBUTIONS PURSUANT TO THE
SURFACE TRANSPORTATION EXTENSION ACT OF 2005, PART V

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, theTransportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), as amended by the Surface Transportation Extension Act of 2005 (STEA05), the Surface Transportation Extension Act of 2005, Part II (STEA05, Part II) and the Surface Transportation Extension Act of 2005, Part III (STEA05, Part III), the Surface Transportation Extension Act of 2005, Part IV (STEA05, Part IV), and the Surface Transportation Extension Act of 2005, Part V (STEA05, Part V), title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting Federal Highway Administrator, 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 that can be advanced and apportioned from the Highway Trust Fund for projects to carry out section 2(b) of the STEA04, Part V, as amended by section 2 of the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V for projects eligible thereunder, is $28,243,990,320, which is 100 percent of the amount authorized to be made available as an advance from the Highway Trust Fund.

Second, that pursuant to Division J, title I, section 122, of the Consolidated Appropriations Act, 2005, P.L. 108-447, 118 Stat. 3343, a deduction is required of .8 percent from the sum of $28,243,990,320 authorized to be appropriated by section 2(c) of the STEA04, Part V, as amended by section 2 of the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V to the extent that such amount is subject to an obligation limitation imposed by the Consolidated Appropriations Act, 2005, P.L. 108-447. The resulting amount authorized to be apportioned is $28,022,281,359. These funds are available for obligation as if they had been apportioned under chapter 1 of title 23, United States Code.

Third, pursuant to Division H, title I, section 117 of the Consolidated Appropriations Act, 2005, P.L. 108-447, I have determined that it will be necessary to deduct 4.1 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2005, for the Interstate Maintenance, National Highway System, Surface Transportation, Bridge, Congestion Mitigation and Air Quality Improvement, Appalachian Development Highway System, and Minimum Guarantee Programs. I have deducted said 4.1 percent from the sum of $28,022,281,359 authorized to be appropriated for the fiscal year ending September 30, 2005. The resulting amount authorized to be apportioned is $26,875,367,211.

Fourth, that pursuant to section 2(b)(3) of the STEA04, Part V, as amended by section 2(b)(1) of the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, the STEA05, Part V these funds are administered as if they had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code, except for: deductions under sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).

Fifth, that under section 154 of title 23, United States Code, relating to the Open Container Requirements law, 3 percent of the programmatic distribution of Interstate Maintenance, National Highway System, and Surface Transportation Program funds required to be apportioned and advanced to Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the State's section 402 program. Funds will be withheld from the State of New York pending verification of compliance with this law.

Sixth, that under section 164 of title 23, United States Code, relating to the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence law, 3 percent of the programmatic distribution of Interstate Maintenance, National Highway System, and Surface Transportation Program funds required to be apportioned and advanced to Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, West Virginia, and Wyoming will be transferred to the State's section 402 program.

Seventh, the amounts apportioned to each State under this programmatic distribution are determined in accordance with section 2(b) of the STEA04, Part V as amended by the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V.

Eighth, the amounts are subject to obligation controls contained in section 2(e)(3) of the STEA04, Part V, as amended by section 2(d) of the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V.

Ninth, that after making the deductions, transfers and withholding, I have computed the apportionment among the States and the District of Columbia of the amounts authorized to be advanced from the Highway Trust Fund for the programmatic distribution to provide a 318-day extension of the Federal-aid highway program, in the manner provided by law in accordance with the formula in section 2(b) of the STEA04, Part V, as amended by section 2(b) of the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V.

Tenth, that subject to the forgoing deductions, transfers and withholding, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Table 1

Table 2

Table 3

Table 4

Table 5

Table 6

Table 7

Page last modified on March 4, 2015
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000