REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2006 COORDINATED BORDER INFRASTRUCTURE PROGRAM FUNDS
Office of Primary Interest
|N 4510.586||December 28, 2005||HCF-10|
What is the purpose of this Notice? This Notice transmits the revise certificate of apportionment of Coordinated Border Infrastructure Program funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59. The apportionment is effective immediately.
Does this Notice cancel FHWA notice 4510.570? Yes, this Notice cancels FHWA Notice 4510.570, Apportionment of the Fiscal Year (FY) 2006 Coordinated Border Infrastructure Program Funds, dated October 1, 2005. The revisions to the apportionment are required to reflect adjustment in the number of Land Border Ports of Entry. The United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. See 41 Comptroller General 16 (1961).
What is the availability of funds?
Pursuant to section 1303(f) of the SAFETEA-LU, the Coordinated Border Infrastructure Program funds resulting from this apportionment shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code (U.S.C.), except that the funds shall remain available until expended.
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.
The Federal share will be in accordance with section 120 of title 23, U.S.C.
The program code to be used when obligating funds is L1G0.
What is the background information?
Section 1101(a)(11) of the SAFETEA-LU authorizes a total of $145,000,000 in contract authority for the Coordinated Border Infrastructure Program.
This program replaces the Transportation Equity Act for the 21st Century Coordinated Border Infrastructure Discretionary Program that ends after 2005.
What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.
J. Richard Capka
CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $145,000,000
AUTHORIZED TO BE APPROPRIATED FOR THE COORDINATED BORDER INFRASTRUCTURE
PROGRAM FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006
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 Coordinated Border Infrastructure Program for the fiscal year ending September 30, 2006, pursuant to section 1101(a)(11) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $145,000,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.
Second, that I have computed the apportionment for the Coordinated Border Infrastructure Program funds for the purpose of carrying out section 1303 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, among each border State in the manner provided by law in accordance with the formula set forth.
Third, that the sums that are hereby apportioned to each border State, effective immediately, are respectively as follows: