U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE. To provide procedures governing determination and redistribution of unneeded balances of FY 1994 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 1994.

2. BACKGROUND

   1. The Department of Transportation and Related Agencies Appropriations Act of 1994 (P.L. 103-122) provides for redistribution, after August 1, 1994, of any authority distributed to a State for FY 1994 if the State will not obligate the authority during FY 1994.

   2. Of the total $17,590,000,000 obligation authority subject to the Federal-Aid limitation, $448.0 million was reserved for the Federal Lands program, $569.6 million for Administration, $717.1 million for special allocations and $1,009.3 million to support the obligation of FY 1994 allocations of special non-formula funds. The remainder $14,845,773,159 was distributed by formula to the States.

   3. Amounts of unneeded obligation authority initially distributed by formula will be identified separately from unneeded balances of authority reserved from formula distribution and used to support obligations of FY 1994 allocations of non-formula, Federal Lands and Administration funds.

3. REDISTRIBUTION OF UNOBLIGATED FY 1994 AUTHORITY INITIALLY DISTRIBUTED BY FORMULA.

   1. To provide a basis for determining (1) the amount ofFY 1994 obligation authority initially distributed by formula that will be available for redistribution among the other States after August 1, 1994, and (2) those States that are able to obligate amounts in addition to that previously distributed, each State shall submit a plan by August 5, 1994, to the Division Administrator showing:

      (1) The July 31, 1994, 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, 1994, if additional authority is provided.

      (3) The obligation authority that is excess to the needs of the State and is being released.

   2. 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, 1994.

   3. By August 8, 1994, Division Administrators shall report to their regional offices: (1) the amount of FY 1994 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 States remaining unobligated FY 1994 formula authority that could be obligated by September 30, 1994. The report shall be submitted to Washington Headquarters by August 9, 1994.

4. RELEASE OF UNOBLIGATED FY 1994 AUTHORITY DISTRIBUTED TO SUPPORT OBLIGATIONS OF NON-FORMULA ALLOCATIONS (EXCEPT FEDERAL LANDS).

   1. No State will be provided with special obligation authority in FY 1995 to cover any unobligated FY 1994 allocations carried over on September 30, 1994. Obligation in FY 1995 of any such carryover allocation must be charged to the States share of FY 1995 formula limitation.

   2. The amount of FY 1994 obligation authority distributed to support obligations of allocations of non-formula funds that will not be obligated by September 30, 1994, should be determined by the Division Administrator in consultation with the State.

   3. By August 8, 1994, Division Administrators shall report to their regional offices the amount of FY 1994non-formula funds and authority allocated to the States, the amount that will be obligated as of September 30, 1994, and the amount of obligation authority which is being released.

5. REDISTRIBUTION OF FY 1994 AUTHORITY RESERVED FOR FEDERAL LANDS AND HEADQUARTERS CONTROLLED PROGRAMS.

   1. As indicated in FHWA Notice 4520.127, any allocated funds and associated obligation limitation 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 were withdrawn to be restored, they should include the amount in their request as part of the August Redistribution process.

   2. 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, 1994, to the Program Analysis Division (HFS-30) by July 14, 1994. See attached list for programs which must be included in the report.

6. OBLIGATION AUTHORITY PROVIDED BY SECTION 310(e) OF THE 1994 DOT APPROPRIATIONS ACT.

   1. A State which obligates all FY 1994 obligation authority distributed by formula plus any amounts made available 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 23 U.S.C. Sections 104 and 144, and 1013(c) and 1015 of P.L. 102-240, and for highway assistance programs under Section 103(e)(4) of 23 U.S.C. This limiting amount will be provided at the same time that the August redistribution is made.

   2. The 2 1/2 percent national limitation under Section 310(f) of P.L. 103-122 will be determined based on all States' July 31, 1994, unobligated balances of funds used in the section 310(e) calculation, less all States' July 31, 1994, 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.

   3. 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 be provided on the State's planned programthat can be obligated between August 1, 1994 and September 30, 1994. 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.

7. REPORTS FROM 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 (Fax 202/366-3295) so as to be received by close of business August 9, 1994.

8. REDISTRIBUTION OF EXCESS FY 1994 OBLIGATION AUTHORITY.

   1. A formula for redistribution of released obligation authority will be developed to implement the requirements of P.L. 103-122. Priority will be given to those States having large unobligated balances of funds apportioned under 23 U.S.C. 104, 144, 103(e)(4), and under Section 1013(c) and 1015 of P.L. 102-240.

   2. 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 1994 DOT Appropriations Act will be accomplished by August 15, 1994.

9. PROGRAM MONITORING. The Washington Headquarters will monitor the program on a national basis to insure that available authority is fully utilized.

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