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Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2006 EQUITY BONUS PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.600 March 21, 2006 HCF-10

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Equity Bonus Program funds authorized for FY 2006 pursuant to section 105(a) of title 23, United States Code (U.S.C.), the Department of Defense Appropriations Act, 2006, Public Law (Pub. L. No.) 109-148 and the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115. The apportionment is effective immediately.

  2. Does this Notice cancel FHWA notice 4510.585? Yes, this Notice cancels FHWA Notice 4510.585, Revised Apportionment of Fiscal Year (FY) 2006 Equity Bonus Program Funds, dated December 28, 2005. The revisions to the apportionment are required pursuant to a 1 percent across-the-board rescission contained in Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148 and a takedown of up to 2.75 percent contained in Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115.

  3. What is the availability of funds?

    1. The Equity Bonus Program funds resulting from this apportionment are available for obligation until September 30, 2009. Any amounts not obligated by the State on or before September 30, 2009, shall lapse.

    2. The funds resulting from this apportionment are subject to obligation controls in force at the time of obligation. Special obligation limitation will be provided with these funds. In addition, an amount of Equity Bonus Program funds is provided which is exempt from obligation controls.

    3. The Federal share for the funds programmatically distributed to other programs have the same Federal share as those programs. For the remainder of the funds ($2,639 million per year), the Federal share is determined under section 120 of title 23, U.S.C., that is, the Federal share is generally 80 percent, subject to the sliding scale adjustment. When the funds are used for Interstate projects to add high occupancy vehicle or auxiliary lanes, but not other lanes, the Federal share may be 90 percent, also subject to the sliding scale adjustment.

    4. Funds will be transferred to the State's 402 Safety Program from the programmatic distribution portion of the Equity Bonus Program which adjusts to the National Highway System, Surface Transportation Program, and Interstate Maintenance programs for those States that failed to meet the provisions of section 154 of title 23, U.S.C., the Open Container

    5. Supplementary tables providing suballocation, appropriation codes, etc., will be issued in a separate Notice.

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

The 50th Anniversary logo is a red and blue shield with '50th' in the center. The following text surrounds the shield: 'Celebrating 50 Years Eisenhower Interstate System, 1956-2006'

Signature: J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America


CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $7,354,339,447
FOR THE EQUITY BONUS PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006

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 in section 1.48, 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 Equity Bonus Program for the fiscal year ending September 30, 2006, pursuant to section 1104 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $7,354,339,447, which is 100 percent of the amount authorized to be made available from the Highway Trust Fund.

Second, that pursuant to Division B, chapter 8, section 3801, of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct 1 percent from the sum of $7,354,339,447 authorized to be appropriated for fiscal year ending September 30, 2006, for the Equity Bonus Program. The resulting amount authorized to be appropriated is $7,287,186,053.

Third, pursuant to Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115 and Division B, chapter 8, section 3901 of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct up to 2.75 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2006, for the Equity Bonus Program, I have deducted 2.35054493359 percent from the sum of $7,287,186,053 authorized to be appropriated for the fiscal year ending September 30, 2006. The amount deducted is $171,138,383. The resulting amount available for apportionment for the fiscal year ending September 30, 2006, is $7,116,047,670.

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

Fifth, 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, Ohio, Oregon, Rhode Island, South Dakota, Vermont and Wyoming will be transferred to the State's 402 safety program.

Sixth, that after making the deductions and transfers, I have computed the apportionment to each State of the amount authorized to be appropriated for the Equity Bonus Program in the manner provided by law in accordance with the formula set forth.

Seventh, the sums that are hereby apportioned to each State effective immediately, are respectively as follows:

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