This Directive was Canceled June 23, 1999.
U.S. Department of Transportation
Federal Highway Administration
FEDERAL-AID HIGHWAY PROGRAM
OBLIGATIONS - FY 1991 - AFTER AUGUST 1, 1991
June 14, 1991
- PURPOSE. To provide procedures governing determination and redistribution
of unneeded balances of FY 1991 obligation authority and to establish a State-by-State
limitation of additional obligation authority available under Section 310(e)
of the Department of Transportation and Related Agencies Appropriations Act of 1991.
- The Department of Transportation and Related Agencies Appropriations
Act of 1991 (P.L. 101-516) provides for redistribution, after August 1, 1991,
of any authority distributed to a State for FY 1991 if the State will not
obligate the authority during FY 1991.
- Of the total $14.500 billion obligation authority available for FY 1991,
$237.4 million was reserved for the Federal Lands program, $256.4 million
for Administration, $30,850,000 for Strategic Highway Research Programs (SHRP),
and $106,805,276 for Section 149 demonstration projects. The remaining $13,868,534,724
was distributed by formula ($12,852,246,582) and to support obligation of
FY 1991 allocation of special non-formula funds (discretionary, etc., $1,016,288,141).
- Amounts of unneeded obligation authority initially distributed by formula
will be identified separately from unneeded balances of authority distributed
to support obligations of FY 1991 allocations of non-formula, Federal Lands
and SHRP funds.
- Section 310(e) of the 1991 DOT Appropriations Act provides additional
obligation limitation to the Statesbased on the unobligated balance of funds
apportioned or allocated to the States under Sections 104, 130, 144, 152,
and for highway assistance programs under 23 U.S.C. 103(e)(4) of which cannot
be obligated because of the FY 1991 obligation limitation.
- REDISTRIBUTION OF UNOBLIGATED FY 1991 AUTHORITY INITIALLY DISTRIBUTED BY FORMULA
- To provide a basis for determining (1) the amount of FY 1991 obligation
authority initially distributed by formula that will be available for redistribution
among the other States after August 1, 1991, and (2) those States that are
able to obligate amounts in addition to those previously distributed, each
State shall submit a plan by August 5 to the Division Administrator showing:
(1) The July 31 unobligated balance of obligation authority.
(2) The projects and/or Federal funds that will be obligated,
or could be obligated by the States by September 30, 1991, if additional
authority is provided.
(3) The obligation authority that is excess to the needs of the
State and is being released.
(4) Additional obligation authority required.
- The Division Administrator shall review the plan submitted by the State
and reach an agreement with the State on those projects which could be approved
and authorized by the division office on or before September 30.
- By August 8, Division Administrators shall report to their regional offices:
(1) the amount of FY 1991 formula authority that is excess to the State's
needs and is being released, or (2) that the State and Division Administrator
have reached an agreement that the State's remaining unobligated FY 1991 formula
authority will be obligated by September 30, 1991, and/or (3) the additional
formula authority that could be obligated by September 30, 1991. The report
shall be submitted to the regional office for relay to Washington Headquarters
by August 9, 1991.
- RELEASE OF UNOBLIGATED FY 1991 AUTHORITY DISTRIBUTED TO SUPPORT
OBLIGATIONS OF NON-FORMULA ALLOCATIONS (EXCEPT FEDERAL LANDS AND STRATEGIC
HIGHWAY RESEARCH PROGRAMS)
- No State will be provided with special obligation authority in FY 1992
to cover any unobligated FY 1991allocations carried over on September 30.
Obligation in FY 1992 of any such carryover allocation must be charged to
the State's share under the formula distribution.
- The amount of FY 1991 obligation authority distributed to support obligations
of allocations of non-formula funds that will not be obligated by September
30, 1991, should be determined by the Division Administrator in consultation with the State.
- By August 8, Divisional Administrators shall report to their regional
offices the amount of FY 1991 non-formula funds and authority allocated to
the States, the amount that will be obligated as of September 30, 1991, and
the amount of obligation authority which is being released.
- REDISTRIBUTION OF FY 1991 AUTHORITY RESERVED FOR FEDERAL LANDS AND STRATEGIC HIGHWAY RESEARCH PROGRAMS. Each respective Associate Administrator
should report the balance, if any, of obligation authority reserved for their
program(s) which will not be obligated as of September 30, 1991, to the Program
Analysis Division (HFS-30) by August 9, 1991.
- OBLIGATION AUTHORITY PROVIDED BY SECTION 310(e) OF THE 1991 DOT APPROPRIATIONS ACT
- A State which obligates all FY 1991 obligation authority distributed
by formula and through the August redistribution can then obligate an additional
amount up to 5 percent (subject to a 2 1/2 percent national ceiling) of funds
apportioned or allocated under Sections 104, 130, 144, 152, and for highway
assistance programs under Section 103(e)(4) of 23 U.S.C. This additional limitation
under Section 310(e) is available to a State when it has obligated all FY
1991 obligation authority provided to it including the amount made available
through the August redistribution. This limiting amount will be provided at
the same time that the August redistribution is made.
- The 2 1/2 percent national limitation under Section 310(f) of P.L. 101-516
will be determined based on all States' July 31, 1991, unobligated balances
of funds used in the Section 310(e) calculation, less all States' July 31
unobligated balance of obligation limitation and amounts redistributed to
the States during the August redistribution process pursuant to Section 310(c)(2).
The individual State limitation available under Section 310(e) will be determined
by the same process used to determine the 2 1/2 percent overall national ceiling.
- As the State-by-State distribution of Section 310(e) limitation is subject
to an overall national ceiling of 2 1/2 percent, it is important that accurate
information beprovided on the States' planned program that can be obligated
between August 1 and September 30, 1991. The information provided will be
used to determine each State's limiting amount up to the maximum 5 percent
per State and the overall 2 1/2 percent national ceiling for all States.
- REPORTS FORM REGIONAL OFFICES. Based on reports from division offices,
regional offices shall submit reports in the attached format for each State
in their region. The reports shall be submitted to the Program Analysis Division
(HFS-30) so as to be received by close of business August 9, 1991 (RCS HFS-30-1).
- REDISTRIBUTION OF EXCESS FY 1991 OBLIGATION AUTHORITY
- A formula for redistribution of released obligation authority will be
developed to implement the requirements of P.L. 101-516. Priority will be
given to those States having large unobligated balances of funds apportioned
under 23 U.S.C 104 and to those States which have experienced substantial
proportional reductions in their apportionments and allocations as a result
of statutory changes made by the Federal-Aid Highway Act of 1981 and the 1982
Surface Transportation Assistance Act.
- The redistribution of released authority under Section 310(c)(2) and
the State-by-State limitation of the additional obligation authority provided
under Section 310(e) of the 1991 DOT Appropriations Act will be accomplished
by August 19, 1991.
- PROGRAM MONITORING. The Washington Headquarters will monitor the
program on a national basis to insure that available authority is fully utilized.
T. D. Larson
Federal Highway Administrator
Attachment [SEE PRINTED COPY OF NOTICE FOR A COPY OF THE ATTACHMENT]
This Directive was Canceled June 23, 1999.
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