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Notice
Subject
Apportionment of Fiscal Year (FY) 2005 Surface Transportation Program Funds
Classification Code Date Office of Primary Interest
N 4510.553 September 1, 2005 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Surface Transportation 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 Surface Transportation 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. Supplementary tables providing the suballocations of these funds will be issued in a separate Notice.

    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.

    6. Section 1012(b)(8)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended, provides that an amount in excess of $8,000,000 for the Value Pricing Pilot Program, (1) shall be apportioned to the States in accordance with section 104(b)(3) of title 23, U.S.C., (2) shall be considered to be sums made available for expenditures on the Surface Transportation Program, except that the amount shall not be subject to section 133(d) and, (3) shall be available for any purpose eligible for funding under section 133. The amount in excess is $603,756. Table 5 illustrates the distribution to the States.

  3. What is the background information?

    1. Section 1101(a)(4) of the SAFETEA-LU, authorizes a total of $6,860,096,662 in contract authority for the Surface Transportation Program 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 Surface Transportation Program. This provision reduces the amount apportioned by $281,263,963.

    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 Surface Transportation Program. This provision reduces the amount apportioned by $85,751,208.

    4. As required by section 104(d)(1) of title 23, U.S.C., $560,000 of the funds authorized for the Surface Transportation Program have been set aside for Operation Lifesaver.

    5. As required by section 104(d)(2) of title 23, U.S.C., $5,250,000 of the funds authorized for the Surface Transportation Program have been set aside for Rail-Highway Crossing Hazard Elimination in High Speed Rail Corridors.

    6. As required by section 140(b) of title 23, U.S.C., $10,000,000 of the funds authorized for the Surface Transportation Program have been set aside for the On-the-Job Training/Supportive Services.

    7. As required by section 140(c) of title 23, U.S.C., $10,000,000 of the funds authorized for the Surface Transportation Program have been set aside for the Disadvantaged Business Enterprises Training.

    8. The total contract authority available for distribution in FY 2005 for the Surface Transportation Program net of these reductions is $6,467,271,491.

  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 $6,860,096,662 AUTHORIZED TO BE APPROPRIATED
FOR THE SURFACE TRANSPORTATION 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 Surface Transportation Program for the fiscal year ending September 30, 2005, pursuant to section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $6,860,096,662, 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 Surface Transportation Program. I have deducted said 4.1 percent from the sum of $6,860,096,662 authorized to be appropriated for the fiscal year ending September 30, 2005, under section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The amount deducted is $281,263,963.

Third, pursuant to section 104(f) of title 23, United States Code, I have deducted 1.25 percent from the sum of $6,860,096,662 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(4) 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 $85,751,208.

Fourth, pursuant to section 104(d)(1) of title 23, United States Code, after making the deductions authorized by Division H, title I, section 117, of Pub. L. No. 108-447 and section 104(f) of title 23, United States Code, I have set aside $560,000 from the sum of $6,860,096,662 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 104(d)(1) of title 23, United States Code, for Operation Lifesaver.

Fifth, pursuant to section 104(d)(2) of title 23, United States Code, after making the deductions authorized by Division H, title I, section 117, of Pub. L. No. 108-447 and section 104(f) of title 23, United States Code, I have set aside $5,250,000 from the sum of $6,860,096,662 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 104(d)(2) of title 23, United States Code, for Rail-Highway Crossing Hazard Elimination in High Speed Rail Corridors.

Sixth, pursuant to sections 140(b) and 140(c) of title 23, United States Code, after making the deductions authorized by Division H, title I, section 117, of Pub. L. No. 108-447 and section 104(f) of title 23, United States Code, I have set aside $10,000,000 to carry out section 140(b) of title 23, United States Code and $10,000,000 to carry out section 140(c) of title 23, United States Code, from the amount authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, for the purposes of carrying out sections 140(b) and 140(c) of title 23, United States Code, for On-the-Job Training and Supportive Services and Training for Disadvantaged Business Enterprises. The resulting amount is $6,467,271,491.

Seventh, that in compliance with 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 402 safety program. Eighth, that in compliance with 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 402 safety program.

Ninth, 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 Surface Transportation System Program in the manner provided by law in accordance with the formula set forth.

Tenth, 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

Table 5

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