1. PURPOSE. To advise of the limitation on Federal-aid highway program obligations for fiscal year (FY) 1994 and the distribution of this limitation among the States.

2. LIMITATION - LEGISLATIVE PROVISIONS. Public Law 102-240 and, the Department of Transportation and Related Agencies Appropriations Act of 1994, (Public Law 103-122, Stat. 107-1198) provides for the limitation of obligations as follows:

   1. Obligations for Federal-aid highways are limited to $17,590,000,000 for FY 1994.

   2. This limitation shall not apply to obligations for projects covered under:

      (1) Sections 125, and 157, of Title 23, United State Code (23 U.S.C.);

      (2) Section 147 of the Surface Transportation Assistance Act of 1978;

      (3) Section 9 of the Federal-Aid Highway Act of 1981;

      (4) Obligations to carry out the provisions of Sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982 (Public Law 97-424);

      (5) Section 404 of the Surface Transportation Assistance Act of 1982;

      (6) Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991;

      (7) Obligations of funds made available undersubsections (b) and (c) of Section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987.

   3. Each State is guaranteed sufficient authority to prevent lapse of sums authorized to be appropriated for Federal-aid highways which have been apportioned to a State.

   4. Amounts authorized for administration, the Federal Lands Highway Program, the Intelligent Vehicle Highway System Program, and amounts made available under sections 1040, 1047, 1064, 6001, 6006, 6023, and 6024 of Public Law 102-240 and not more than $1,050,000 of section 5002; and $458,629 for section 5005 of Public Law 102-240, are charged to the limitation but are excluded from the State-by-State distribution.

   5. After August 1, 1994, the Secretary will revise a distribution of funds made available if a State does not plan to obligate the amount distributed during FY 1994 and redistribute such amounts to those States able to obligate amounts in addition to those previously distributed during FY 1994. The redistribution will give priority to those States having large unobligated balances of funds apportioned under 23 U.S.C. 103(e)(4), 104, 144 and 1013(c) and 1015 of Public Law 102-240.

   6. Redistribution of FY 1994 authority reserved for Federal lands and Headquarters controlled programs. Any funds not obligated by July 15, 1994 will be withdrawn and made available for August Redistribution. If Federal Lands and Headquarters offices need any amounts that are withdrawn to be restored, they should include the amount in their request as part of the August Redistribution process.

   7. After August 1 and on or before September 30, 1994, a State which obligates the amount distributed in FY 1994 under the distribution based on apportioned and allocated funds, as well as any redistribution amounts made available after August 1, 1994, may obligate for Federal-aid highways and highway safety construction on or before September 30, 1994, an additional amount. The aggregate amount which may be obligated by all States under this additional obligation authority cannot exceed 2.5 percent of the aggregate amount of funds apportioned or allocated under section 103(e) (4), 104, and 144 of 23 U.S.C.; and 1013 (c) and 1015 of Public Law 102-240 which would not be obligated in FY 1994, if the total amount of obligational authority were utilized. No State may utilize this additional obligational authority that does not utilize allobligation authority distributed to it for FY 1994 or does not utilize all additional obligation authority redistributed to it after August 1. In addition, this provision will not apply to any State releasing formula obligation authority for the August redistribution.

   8. Funds apportioned for FY 1994 to the States during FY 1994 have been used to determine the factors for making a State-by-State distribution of the obligation limitation. The State-by-State distribution of the FY 1994 obligation limitation is shown on Attachment 1.

   9. During the period October 1 through December 31, 1993, no State shall obligate more than 25 percent of the amount of obligation limitation distributed to such State, and the total of all State obligations during such period shall not exceed 15 percent of the total amount distributed to all States. The State-by-State distribution of the FY 1994 obligation limitation is shown on Attachment 1. [SEE PRINTED NOTICE FOR ATTACHMENT]

   10. Special 1st Quarter Limitation. During the period October 1 through December 31, 1993, the aggregate amount of obligations under section 157 of 23 U.S.C., section 147 of the Surface Transportation Assistance Act of 1978; section 9 of the Federal-aid Highway Act of 1981; sections 131(b), 131(j) and 404 of Public Law 97-424; sections 1061, 1103 through 1109,4008, and 6023(b)(8) and 6023(b)(10) of Public Law 99-500 and Public Law 100-17, shall not exceed $302,551,350. The distribution of this amount to the States has been made based on the September 30, 1993 unobligated balances of the affected programs plus the FY 1994 Minimum Allocation apportionment and is shown on Attachment 2.

       [SEE PRINTED NOTICE FOR ATTACHMENT]

   11. Penalties. Limitation has been reserved from those States subject to the penalties imposed by Section 159 of Title 23 U.S.C. States coming into compliance with this section during FY 1994 will have the withheld limitation restored.

   12. Public Law 103-122 requires that the amount of obligation limitation withheld for the Interstate Construction Discretionary program not be distributed and made available for obligation until August 1, 1994.

3. DISCRETIONARY AND/OR OTHER NON-FORMULA FUNDS. Obligational authority is reserved for discretionary and/or other non-formula funds estimated to be allocated during the fiscal year. A proportional share of obligational authority will be distributed with each allocation of funds during FY 1994consistent with the proportional share distributed by formula. During the first quarter 15% of the limitation will be provided for allocations to the States. The remaining limitation will be provided after December 31, 1993. Such allocations increase the total annual limitation distributed to the State for FY 1994.

4. FEDERAL LANDS PROGRAM. The obligational authority for the Federal Lands Highway program has been reserved from distribution. Distribution of the reserved authority will be made by the Federal Lands Highway Program Office.

5. TERRITORIAL HIGHWAY PROGRAM. A proportional share of obligational authority for the Territorial Highway Program has been reserved from distribution. Distribution of the reserved authority will be made by the Associate Administrator for Program Development.

6. TOTAL LIMITATION. Obligation authority available for distribution in FY 1994 is less than the total apportionments and allocations for the year on which the distribution is based. The same pro rata share of 91.1 percent is thus available for both formula and non-formula redistribution. Attachment 1 shows each State's share of the limitation distributed by formula and the amounts reserved for non-formula programs.

7. FUNDS SUBJECT TO FY 1994 LIMITATION. Obligation of the funds shown on Attachment 3 [SEE PRINTED NOTICE FOR ATTACHMENT] are chargeable to the FY 1994 limitation. Also shown are funds exempt from the limitation.

8. Funds Subject to Special 1st Quarter Limitation. Attachment 4 [SEE PRINTED NOTICE FOR ATTACHMENT] contains a listing of the appropriation codes subject to the Special 1st Quarter Limitation.

9. ACTION

   1. Division Administrators should ensure that copies of this Notice are furnished to State Highway Agencies.

   2. By November 15, 1993, each State shall advise the Division Administrator of (1) the amount it can obligate in excess of its 15% percent share (up to a maximum of 25%) or, (2) the amount that can be released during the first quarter for obligation by other States. The response shall be forwarded by the Division Administrator to the regional office. By November 17, each Regional Administrator shall advise Washington Headquarters, HFS-30, on a State-by-State basis of the additional authority required or the amount that can be released for obligation by other States. Upon review of the regional reports, Washington Headquarters will advise of the redistribution, if any, of the first quarter obligation authority. Any redistribution in the first quarter will not change the total FY 1994 distribution of limitation for any States.

   3. By November 15, 1993 each State shall advise the Division Administrator of the Special Limitation amount it can obligate in excess of its share or the amount that can be released during the first quarter for obligation by other States. The response shall be forwarded by the Division Administrator to the regional office. By November 17, each Regional Administrator shall advise Washington Headquarters, HFS-30, on a State-by-State basis of the additional authority required or the amount that can be released for obligation by other States. Upon review of the regional reports, Washington Headquarters will advise of the redistribution, if any, of the first quarter obligation authority.

Attachments [SEE PRINTED COPY OF NOTICE FOR ATTACHMENTS]