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Notice
Subject
Apportionment of Fiscal Year (FY) 2005 National Highway System Program Funds
Classification Code Date Office of Primary Interest
N 4510.552 September 1, 2005 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of National Highway System Program funds authorized for FY 2005 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), H.R. 3, 109th Cong. (2005) (enacted). The apportionment is effective immediately.

  2. What is the availability of these funds?

    1. The National Highway System Program funds resulting from this apportionment are available for obligation until September 30, 2008. Any amounts not obligated by the State on or before September 30, 2008, shall lapse.

    2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

    3. The Federal share will be in accordance with title 23, United States Code (U.S.C.), section 120.

    4. The program code to be used when obligating these funds is H050.

    5. This Notice includes amounts advanced, and is subject to the reconciliation requirement, pursuant to the Surface Transportation Extension Act of 2004, Part V (Pub. L. No. 108-310), as amended by the Surface Transportation Extension Act of 2005 (Pub. L. No. 109-14) and the Surface Transportation Extension Act of 2005, Parts II through V, (Pub. L. Nos. 109-20, 109-35, 109-37, and 109-40). The details of reconciliation will be shown in supplementary tables issued in a separate Notice.

  3. What is the background information?

    1. Section 1101(a)(2) of the SAFETEA-LU authorizes a total $5,911,200,104 in contract authority for the National Highway System Program for FY 2005.

    2. Division H, title I, section 117, of the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, applies a 4.1 percent takedown from the amount authorized for the National Highway System Program. This provision reduces the amount apportioned by $242,359,204.

    3. Section 104(f) of title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the National Highway System Program. This provision reduces the amount apportioned by $73,890,001.

    4. As required by section 104(b)(1)(A) of title 23, U.S.C., $30,000,000 of the funds authorized have been set aside for the Alaska Highway.

    5. As required by section 104(b)(1)(A) of title 23, U.S.C., $40,000,000 of the funds authorized have been set aside for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.

    6. The total contract authority available for distribution in FY 2005 net of these reductions is $5,524,950,899.

  4. 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.

    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, New York, Tennessee, Virginia, West Virginia, and Wyoming

    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

    3. Funds will be transferred from the apportionment (Table 1) to the State's 402 Safety Program for those States that failed to meet the provisions of title 23, U.S.C. section 154, the Open Container Requirements (3 percent), and title 23, U.S.C. section 164, the Minimum Penalties for Repeat Offenders (3 percent). Tables 2 and 3 illustrate the amounts to be transferred under sections 154(c)(5) and 164(b)(5) respectively. Table 4 illustrates the total amount to be transferred based on the State's designations.

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

Signature: J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,911,200,104 AUTHORIZED TO BE APPROPRIATED
FOR THE NATIONAL HIGHWAY SYSTEM PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005

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 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 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 apportioned for the National Highway System Program for the fiscal year ending September 30, 2005, pursuant to section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $5,911,200,104, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to Division H, title I, section 117, of the Consolidated Appropriations Act, 2005, Pub. L. No. 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 National Highway System Program. I have deducted said 4.1 percent from the sum of $5,911,200,104 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The amount deducted is $242,359,204.

Third, pursuant to section 104(f) of title 23, United States Code, I have deducted 1.25 percent from the sum of $5,911,200,104 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 134 of title 23, United States Code. The amount deducted is $73,890,001.

Fourth, pursuant to section 104(b)(1)(A) of title 23, United States Code, and after making the deductions authorized by Division H, title I, section 117, of the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447 and section 104(f) of title 23, United State Code, I have set aside $30,000,000 from the sum of $5,911,200,104 authorized to be appropriated for fiscal year ending September 30, 2005, by section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 104(b)(1)(A) of title 23, United States Code, for the Alaska Highway.

Fifth,pursuant to section 104(b)(1)(A) of title 23, United States Code, and after making the deductions authorized by Division H, title I, section 117, of the Consolidated Appropriations Act, 2005, Pub. L. No.108-447 and section 104(f) of title 23, United State Code, I have set aside $40,000,000 from the sum of $5,911,200,104 authorized to be appropriated for fiscal year ending September 30, 2005, by section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 104(b)(1)(A) of title 23, United States Code, for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands. The resulting amount is $5,524,950,899.

Sixth, that in compliance with the provisions of section 154 of title 23, United States Code, the Open Container Law Requirement, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, New York, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the State's section 402 safety program.

Seventh, that in compliance with the provisions of section 164 of title 23, United States Code, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence, 3 percent of the amount required to be apportioned to the States of 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 safety program.

Eighth, that after making the deductions, set asides and transfers, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the National Highway System Program in the manner provided by law in accordance with the formula set forth.

Ninth, that subject to the foregoing deductions, set asides and transfers, 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

Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000