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Notice
Subject
Apportionment of Fiscal Year (FY) 2005 Congestion Migration and Air Quality Improvement Program Funds
Classification Code Date Office of Primary Interest
N 4510.555 September 1, 2005 HABF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Congestion Mitigation and Air Quality Improvement Program funds authorized for FY 2005 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, H.R. 3, 109th Cong. (2005) (enacted). The apportionment is effective immediately.

  2. What is the availability of these funds?

    1. The Congestion Mitigation and Air Quality Improvement 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 H400.

    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)(5) of the SAFETEA-LU authorizes a total of $1,667,255,304 in contract authority for the Congestion Mitigation and Air Quality Improvement 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 Congestion Mitigation and Air Quality Improvement Program. This provision reduces the amount apportioned by $68,357,467.

    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 Congestion Mitigation and Air Quality Improvement Program. This provision reduces the amount apportioned by $20,840,691.

    4. The total contract authority for distribution in FY 2005 net of these reductions is $1,578,057,146.

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

J. Richard Capka

J. Richard Capka
Acting Administrator

Attachment


CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,667,255,304 AUTHORIZED TO BE APPROPRIATED
FOR THE CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT 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 Congestion Mitigation and Air Quality Improvement Program for the fiscal year ending September 30, 2005, pursuant to section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $1,667,255,304, 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 Congestion Mitigation and Air Quality Improvement Program, and I have deducted said 4.1 percent from the sum of $1,667,255,304 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The amount deducted is $68,357,467.

Third, pursuant to section 104(f) of title 23, United States Code, I have deducted 1.25 percent from the sum of $1,667,255,304 authorized to be appropriated for the fiscal year ending September 30, 2005, by section 1101(a)(5) 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 $20,840,691. The resulting amount is $1,578,057,146.

Fourth, that after making the deductions, 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 Congestion Mitigation and Air Quality Improvement Program in the manner provided by law in accordance with the formula set forth.

Fifth, that subject to the foregoing deductions, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS FOR CONGESTION
MITIGATION/AIR QUALITY IMPROVEMENT
AUTHORIZED FOR FISCAL YEAR 2005

STATE AMOUNT
ALABAMA $7,890,286
ALASKA 7,890,286
ARIZONA 31,081,474
ARKANSAS 7,890,286
CALIFORNIA 333,361,915
COLORADO 25,481,576
CONNECTICUT 30,654,670
DELAWARE 7,890,286
DIST. OF COL. 7,890,286
FLORIDA 7,890,286
GEORGIA 34,576,263
HAWAII 7,890,286
IDAHO 7,890,286
ILLINOIS 69,857,377
INDIANA 28,625,049
IOWA 7,890,286
KANSAS 7,890,286
KENTUCKY 9,014,715
LOUISIANA 7,890,286
MAINE 7,890,286
MARYLAND 42,069,312
MASSACHUSETTS 53,994,618
MICHIGAN 55,428,413
MINNESOTA 21,384,748
MISSISSIPPI 7,890,286
MISSOURI 15,345,662
MONTANA 7,890,286
NEBRASKA 7,890,286
NEVADA 16,623,200
NEW HAMPSHIRE 7,890,286
NEW JERSEY 73,324,505
NEW MEXICO 7,890,286
NEW YORK 143,980,198
NORTH CAROLINA 32,426,824
NORTH DAKOTA 7,890,286
OHIO 67,062,977
OKLAHOMA 7,890,286
OREGON 13,104,652
PENNSYLVANIA 81,697,181
RHODE ISLAND 8,367,318
SOUTH CAROLINA 7,890,286
SOUTH DAKOTA 7,890,286
TENNESSEE 22,446,037
TEXAS 90,471,188
UTAH 7,890,286
VERMONT 7,890,286
VIRGINIA 36,029,810
WASHINGTON 28,120,238
WEST VIRGINIA 7,890,286
WISCONSIN 16,270,076
WYOMING 7,890,286
TOTAL $1,578,057,146

APPROVED EFFECTIVE SEPTEMBER 01, 2005

J. Richard Capka

J. RICHARD CAPKA
ACTING FEDERAL HIGHWAY ADMINISTRATOR

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