1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Highway Infrastructure Investment funds appropriated in fiscal year (FY) 2009 pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number (Pub. L. No.) 111-5. The apportionment is effective immediately.

2. What is the availability of these funds?

   1. The funds resulting from this apportionment are available for obligation until September 30, 2010. Any amounts not obligated by the State on or before September 30, 2010, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately. The funds resulting from this apportionment will not be subject to any limitation on obligations.

   3. The Federal share will be, at the option of the State, up to 100 percent.

   4. The program codes to be used when obligating these funds are C220, C230, C200, C250, and C240.

3. What is the background information?

   1. The Highway Infrastructure Investment funds resulting from this apportionment are eligible to be obligated for restoration, repair, construction and other activities eligible under Section 133(b) of Title 23, United States Code (U.S.C.), and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under Section 601(a)(8) of Title 23, U.S.C.

   2. The Highway Infrastructure Investment funds resulting from this apportionment are not eligible to be obligated for purposes authorized under Section 115(b) of Title 23, U.S.C. (Advance Construction).

   3. After making the set-asides required by Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 50 percent of the funds available for distribution to the States have been apportioned to States using the formula set forth in Section 104(b)(3) of Title 23, U.S.C. The remaining 50 percent of the funds have been apportioned to States in the same ratio as the obligation limitation for FY 2008 was distributed among the States in accordance with the formula specified in Section 120(a)(6) of Division K, Title I of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161.

   4. Pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 3 percent of the Highway Infrastructure Investment funds apportioned to a State have been set aside for Transportation Enhancement Activities as described in Section 133(d)(2) of Title 23, U.S.C. (without regard to the comparison to FY 2005).

   5. Pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 30 percent of the Highway Infrastructure Investment funds apportioned to a State have been sub-allocated within the State in the manner and for the purposes described in the first sentence of Section 133(d)(3)(A) of Title 23, U.S.C., and Sections133(d)(3)(B) and133(d)(3)(D) of Title 23, U.S.C. Such sub-allocation has been conducted in every State.

   6. The Highway Infrastructure Investment funds shall be administered as if apportioned under Chapter 1 of Title 23, U.S.C.

   7. Section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Pub. L. No. 109-59, shall apply to funds resulting from this apportionment (Disadvantaged Business Enterprises).

4. What is the distribution of Highway Infrastructure Investment funds?

   1. Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, appropriates a total of $27,500,000,000 in Highway Infrastructure Investment funds.

   2. As required by Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, $105,000,000 has been set aside for the Puerto Rico Highway Program and $45,000,000 has been set aside for the Territorial Highway Program.

   3. As required by Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, a total of $550,000,000 has been set aside for Federal Lands and Indian reservations.

   4. As required by Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, $20,000,000 has been set aside for On-the-Job Training/Supportive Services under Section 140(b) of Title 23, U.S.C., and $20,000,000 has been set aside for Disadvantaged Business Enterprises Bonding Assistance under Section 332(e) of Title 49, U.S.C.

   5. As required by Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, $60,000,000 has been set aside for capital expenditures eligible under Section 147 of Title 23, U.S.C. (Construction of Ferry Boats and Ferry Terminal Facilities).

   6. Pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, $40,000,000 has been set aside for oversight by the Administrator of the Federal Highway Administration of projects and activities carried out with funds resulting from this apportionment.

   7. The amount of Highway Infrastructure Investment funds available for distribution to the States, net of these set-asides, is $26,660,000,000. Table 1 shows the overall State-by-State distribution of Highway Infrastructure Investment funds. Table 2 shows the sub-allocation of the Highway Infrastructure Investment funds. Table 3 shows the distribution of Highway Infrastructure Investment funds to urbanized areas with populations greater than 200,000.

5. What are the redistribution provisions that apply to these funds?

   1. One hundred twenty (120) days following the date of this apportionment, an amount equal to 50 percent of the funds awarded to a State (excluding funds sub-allocated within the State) less the amount of funding obligated (excluding funds sub-allocated within the State) will be withdrawn from each State and redistributed in the manner described in Section 120(c) of Division K, Title I of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, to other States that have had no funds withdrawn.

   2. Funds sub-allocated within a State to urbanized areas and other areas will not be subject to the redistribution of amounts required 120 days following the date of this apportionment.

   3. Table 4 shows the Highway Infrastructure Investment funds that will be subject to redistribution at 120 days following the date of this apportionment. The amount withdrawn from a State at 120 days will be equal to the amount of funds subject to redistribution as shown in the table minus the amount of obligations of funds not sub-allocated. A State having funds withdrawn will not be eligible to receive funds in the redistribution. Further information on the redistribution at 120 days will be provided in a future Notice.

   4. One (1) year following the date of this apportionment, any unobligated funds from this apportionment will be withdrawn from each State and redistributed in the manner described in Section 120(c) of Division K, Title I of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, to States that have had no funds withdrawn (excluding funds sub-allocated within the State).

   5. At the request of a State, the Secretary of Transportation may provide an extension of such 1-year period only to the extent that the Secretary feels satisfied that the State has encountered extreme conditions that create an unworkable bidding environment or other extenuating circumstances.

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

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $27,500,000,000 APPROPRIATED
FOR HIGHWAY INFRASTRUCTURE INVESTMENT

TO--

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, Section 1.48 of Title 49, Code of Federal Regulations, I certify—

First, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, the amount appropriated for Highway Infrastructure Investment for the fiscal year ending September 30, 2009 is $27,500,000,000.

Second, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $105,000,000 for the Puerto Rico Highway Program.

Third, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $45,000,000 the Territorial Highway Program.

Fourth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $310,000,000 for the Indian Reservation Roads Program.

Fifth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $170,000,000 for the Park Roads and Parkways Program.

Sixth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $60,000,000 for the Forest Highway Program.

Seventh, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $10,000,000 for the Refuge Roads Program.

Eighth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $20,000,000 for On-the-Job Training/Supportive Services under Section 140(b) of Title 23, United States Code.

Ninth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $20,000,000 for Disadvantaged Business Enterprises Bonding Assistance under Section 332(e) of Title 49, United States Code.

Tenth, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $60,000,000 for capital expenditures eligible under Section 147 of Title 23, United States Code.

Eleventh, pursuant to Division A, Title XII of the American Recovery and Reinvestment Act of 2009, Public Law Number 111-5, I have set aside $40,000,000 for oversight of projects and activities carried out with funds resulting from this apportionment. The resulting amount after all of the foregoing set-asides is $26,660,000,000.

Twelfth, that after making the set-asides, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts appropriated for Highway Infrastructure Investment in the manner provided by law in accordance with the formulas set forth.

Thirteenth, that subject to the foregoing set asides, 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