United States Department of Transportation - Federal Highway Administrationskip to content FHWA Home Feedback

This directive was canceled March 16, 2010

DOT logo
U.S. Department
of Transportation
Federal Highway
Administration

Notice
black line Subject
Revised Apportionment of Fiscal Year (FY) 2010 Funds under a 151-Day Extension of Surface Transportation Programs Pursuant to Public Law 111-68, as Amended by Public Law 111-118
black line
Classification CodeDate
Office of Primary Interest
N 4510.717 January 13, 2010 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment for apportioned Federal-aid highway program funds pursuant to the extension of surface transportation programs in the Continuing Appropriations Resolution (Resolution), 2010, Public Law (Pub. L.) 111-68, as amended by Pub. L. 111-118. The apportionments are effective immediately. States will be advised of funds made available pursuant to section 157(d) of the Resolution, as amended, in a separate Notice.

  2. Does this Notice cancel FHWA Notice 4510.715? Yes, this Notice cancels FHWA Notice 4510.715, Revised Apportionment of Fiscal Year (FY) 2010 Funds Under a 79-Day Extension of Surface Transportation Programs Pursuant to Public Law 111-68, as Amended by Public Law 111-88. The revision to the apportionment is made pursuant to Pub. L. 111-118, which amends the expiration date and calculations of the extension of surface transportation programs in the Resolution.

  3. What is the background information?

    1. Section 157(a) of the Resolution, as amended, extends the surface transportation programs, including the highway and highway safety programs, under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, as amended, through February 28, 2010.

    2. The extension incorporates by reference and continues in effect the requirements, authorities, conditions, eligibilities, limitations, and other provisions contained in SAFETEA-LU, as amended; the SAFETEA-LU Technical Corrections Act of 2008; the Intermodal Surface Transportation Efficiency Act of 1991; the Transportation Equity Act for the 21st Century; title 23, United States Code (U.S.C.); and chapter 53 of title 49, U.S.C., which would have otherwise expired or ceased to apply after September 30, 2009.

    3. Pursuant to section 157(b) of the Resolution, as amended, the funds made available under the 151-day extension of surface transportation programs shall be distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated for FY 2009 to carry out these programs under SAFETEA-LU, as amended, and title 23, U.S.C.

  4. What is the availability of these funds?

    1. The funds shall be available as if apportioned under chapter 1 of title 23, U.S.C.

    2. The funds are made available under the Resolution, as amended, until enactment of another law to extend or reauthorize surface transportation programs or February 28, 2010, whichever occurs first.

    3. The funds made available shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

    4. 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.

    5. The program codes to be used when obligating these funds are similar to those under SAFETEA-LU, except that the zero at the end of each program code under SAFETEA-LU is replaced by the letter “E.”

  5. How were the program-by-program amounts determined?

    1. Pursuant to section 158(a) of the Resolution, as amended, the amount available for each of the apportioned Federal-aid highway programs under the 151-day extension of surface transportation programs was based on the total funds apportioned to all States for each program in FY 2009. As required by section 158(c) of the Resolution, as amended, the calculations have taken into account any rescissions of apportioned contract authority in FY 2009.

    2. There were two rescissions of unobligated balances of apportioned contract authority in FY 2009, totaling $11,858,000,000. The first was the $3,150,000,000 rescission of unobligated balances of apportioned contract authority contained in division I, title I of the Omnibus Appropriations Act, 2009, Pub. L. 111-8. The second was the $8,708,000,000 rescission of unobligated balances of apportioned contract authority on September 30, 2009, required under section 10212 of SAFETEA-LU, as amended.

    3. The amount of total funds apportioned to all States for each program in FY 2009 was reduced based on the FY 2009 rescissions of contract authority. The reduction for each of the programs was calculated by multiplying the $11,858,000,000 total of the FY 2009 rescissions by the ratio that the total funds apportioned to all States for each program in FY 2009 bears to the total funds apportioned to all States for all programs in FY 2009.

    4. Pursuant to section 158(a) of the Resolution, as amended, the amount available for each of the apportioned Federal-aid highway programs under the 151-day extension of surface transportation programs was then determined by first dividing the total funds apportioned to all States for each program in FY 2009, as reduced by taking into account the FY 2009 rescissions, by 365, and then multiplying the result by 151.

    5. Pursuant to section 158(c) of the Resolution, as amended, the amount made available for each of the apportioned Federal-aid highways programs under section 158(a) of the Resolution, as amended, was reduced by an amount equaling $33,401,492 multiplied by the amount made available for each of the apportioned Federal-aid highways programs calculated under section 158(a) of the Resolution, as amended, and divided by $23,941,505,262.

  6. How were the State-by-State apportionments determined?

    1. The amount available for each of the apportioned Federal-aid highway programs under the 151-day extension of surface transportation programs, as determined in paragraph 5 of this Notice, was then distributed among the States pursuant to section 157(b) of the Resolution, as amended. For each apportioned program, the amount available to each State was calculated by multiplying the amount available for that program under the extension by the ratio that the FY 2009 apportionment for each State for that program bears to the total FY 2009 apportionment for all States for that program.

    2. Table 1 shows the program-by-program, State-by-State apportionment amounts available under the 151-day extension of surface transportation programs contained in the Resolution, as amended.

  7. Are certain States subject to penalty transfer? Yes. Currently, the States that are listed under the following two requirements are subject to transfer of funds. The funds to be transferred will be transferred to the States’ 402 Safety Programs. The penalty transfers under section 164 of title 23, U.S.C., for Montana and Washington are subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty transfer amount for each of the two States will be withheld and reserved from transfer pending the completion of the administrative review and then either transferred to the State’s 402 Safety Program or restored to the State’s apportionments depending on the outcome of that process. It should also be noted that the following penalty transfer amounts are subject to change based on enactment of additional extensions or enactment of a multiyear law authorizing the Federal-aid highway program.

    1. Open Container Requirements – 23 U.S.C. 154 – 3 percent

      Funds subject to be transferred: Interstate Maintenance, National Highway System, and Surface Transportation Program.

      Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, 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: Interstate Maintenance, National Highway System, and Surface Transportation Program.

      Alaska, California, Louisiana, Minnesota, Montana, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Washington, and Wyoming

  8. How will the funds be transferred? Funds will be transferred from the Interstate Maintenance, National Highway System, and Surface Transportation Program apportionments (Table 1) to the States’ 402 Safety Programs for those States that failed to meet the provisions of section 154 of title 23, U.S.C., the Open Container Requirements (3 percent), and section 164 of title 23, U.S.C., the Minimum Penalties for Repeat Offenders (3 percent). Tables 2 and 3 illustrate the amounts to be transferred subject to a determination by the State under sections 154(c)(5) and 164(b)(5), which allow the States to designate the funds to be transferred.

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

American Recovery and Reinvestment Act logo

signature: Victor M. Mendez

Victor M. Mendez
Administrator

Attachments

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 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 Federal-aid highway programs under the extension of surface transportation programs pursuant to the Continuing Appropriations Resolution, 2010, Public Law 111-68, as amended by Public Law 111-118, is $9,890,749,779, which is 100 percent of the amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the period ending February 28, 2010.

Second, that the funds made available and expended under the Continuing Appropriations Resolution, 2010, Public Law 111-68, as amended, are distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code.

Third, 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 States’ 402 Safety Programs.

Fourth, 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, Minnesota, Montana, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Washington, and Wyoming will be transferred to the States’ 402 Safety Programs (except that the penalty transfer amounts for Montana and Washington will be withheld and reserved from transfer pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fifth, that after making the required deductions and transfers, I have computed the apportionments to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the apportioned Federal-aid highway programs in the manner provided by law.

Sixth, that subject to the foregoing deductions 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

Best for printing: n4510717.pdf (529 KB)

To view PDF files, you can use the Acrobat® Reader®.

 


Related Information

Best for printing: n4510717r1.pdf (10 KB)

To view PDF files, you can use the Acrobat® Reader®.



FHWA Home | Directives | Feedback
FHWA