Restoration of Rescinded Contract Authority Pursuant to Section 413 of the Surface Transportation Extension Act of 2010, Title IV of Public Law 111-147
Office of Primary Interest
|N 4510.724||April 20, 2010||HCFB-1|
What is the purpose of this Notice? This Notice informs the States of the restoration of contract authority rescinded on September 30, 2009, under section 10212 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L.) 109-59. The funds are being restored pursuant to section 413 of the Surface Transportation Extension Act of 2010 (Extension Act), title IV of Pub. L. 111-147.
What is the background information? Section 413(c) of the Extension Act authorizes to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for Fiscal Year (FY) 2010 an amount equal to the amount of funds rescinded under section 10212 of the SAFETEA-LU. The amount of funds rescinded under section 10212 of the SAFETEA-LU was $8,708,000,000.
How will the funds be restored to the States, urbanized areas, and programs? The funds will be restored to the States (in the case of sub-allocated funds, to the urbanized areas) and to the programs from which the funds were rescinded. Table 1 shows the State-by-State and program-by-program amounts of restored funds. Table 2 shows the amount of funds restored to each urbanized area.
What is the availability of these funds?
The funds resulting from the restoration are available for obligation immediately. Amounts distributed under this Notice are FY 2010 funds and are available for the same period as other funds made available for the programs to which the funds are restored.
The program codes to be used when obligating these funds will be provided in a separate memorandum.
The restored funds shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall retain the characteristics of the funds originally rescinded.
The restored funds shall be administered in the same manner as the funds originally rescinded, except that the restored funds may only be used with an obligation limitation provided in an Act making appropriations for Federal-aid highways and highway safety construction programs enacted after implementation of the rescission under section 10212 of the SAFETEA-LU.
The restored funds are subject to the limitation on obligations for Federal-aid highways and highway safety construction programs included in the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117.
What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.
Victor M. Mendez