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U.S. Department of Transportation
Federal Highway Administration

NOTICE

FEDERAL-AID HIGHWAY PROGRAM OBLIGATIONS FISCAL
YEAR 1998 - TRANSPORTATION EQUITY ACT FOR THE 21ST
CENTURY AS AMENDED BY TEA-21 RESTORATION ACT

N 4520.151
July 24, 1998


  1. PURPOSE. To advise of the revised limitation on Federal-aid highway program obligations for FY 1998 and the distribution among the States.

  2. CANCELLATION. FHWA Notice N4520.149, "Federal-Aid Highway Program Obligations Fiscal Year (FY) 1998 - Surface Transportation Extension Act of 1997," dated December 5, 1997; and FHWA Notice N4520.150, "Federal-Aid Highway Program Obligations - Fiscal Year (FY) 1998 - Transportation Equity Act for the 21st Century," dated June 10, 1998, are hereby canceled.

  3. BACKGROUND. The distribution of FY 1998 obligation limitation has been revised based on the technical amendments to the Transportation Equity Act for the 21st Century pursuant to the TEA 21 Restoration Act.

  4. LIMITATION - LEGISLATIVE PROVISIONS. The Transportation Equity Act for the 21st Century, as amended, provides for the limitation on obligations as follows:

    1. The total obligations for Federal-aid highway and highway safety construction programs shall not exceed $21,500,000,000 for FY 1998.

    2. The limitation under subsection (a) shall not apply to obligations under:

        (1) section 125 of title 23, United States Code;

        (2) section 147 of the Surface Transportation Assistance Act of 1981;

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

        (4) sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;

        (5) sections 149(b) and 149(c) of the Surface Transportation Relocation Assistance Act of 1987;

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

        (7) section 157 of title 23, United States Code, as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century;

        (8) section 105 of title 23, United States Code (but, for each of the fiscal years 1998 through 2007) , only in an amount equal to $639,000,000 per fiscal year; and

        (9) section 218, title 23, United States Code.

  5. ALLOCATED ACCOUNTS

    1. Amounts authorized for administrative expenses and funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, the amount authorized for highway use tax evasion program and for the Bureau of Transportation Statistics are subject to the limitation on obligations but are excluded from the State-by-State distribution.

    2. Unobligated balances of funds from previous fiscal years which are allocated by the Secretary are subject to the limitation on obligations but are excluded from the State-by-State distribution.

    3. Obligation of funds authorized for Transportation Research under section 5001(a) of the Transportation Equity Act for the 21st Century, as amended, shall not exceed $397,650,000 for FY 1998 and shall remain available for a period of three fiscal years. This limitation is within the overall limitation of $21,500,000,000 for FY 1998.

    4. Amounts which are allocated to the States will be covered by an equal amount of obligation limitation which will be distributed with the allocation of the funds.

  6. REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS

    1. Pursuant to section 1102(f) of the Transportation Equity Act for the 21st Century, the Secretary shall distribute to the States any funds authorized to be appropriated for such fiscal year for Federal-aid highway programs which are allocated by the Secretary, that the Secretary determines will not be allocated to the States and will not be available for obligation due to the imposition of any obligation limitation for FY 1998.

    2. Such distribution to the States shall be accomplished within 30 days of the date of this Notice. The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code.

    3. Headquarters program offices will be notified by the Office of Budget and Finance of the reduction in contract authority due to the imposition of the obligation limitation for FY 1998.

  7. OBLIGATION LIMITATION DISTRIBUTED TO THE STATES

    1. Attachment 1 shows the amount of formula obligation limitation distributed to each State for FY 1998. Each State receives a proportional amount of obligation limitation available to be distributed to the States based on the ratio that each State's total apportionments subject to the limitation on obligations bears to the total of such apportionments to all States.

    2. Pursuant to Section 1103(m) (5) of the Transportation Equity Act for the 21st Century the amount of obligation authority made available under section 2(e) of the Surface Transportation Extension Act of 1997 shall be considered to be an amount of obligation authority made available for fiscal year 1998 under section 1102(a) of this Act.

    3. After August 1, 1998, the Secretary will revise the distribution of limitation made available if a State does not plan to obligate the amount distributed during FY 1998 and redistribute such amount to those States able to obligate amounts in addition to those previously distributed during FY 1998. The redistribution will give priority to those States having large unobligated balances of funds apportioned under title 23, United States Code, Sections 104 and 144; section 160 of title 23 (as in effect on the day before enactment of the Transportation Equity act for the 21st Century); and section 1015 of the Intermodal Surface Transportation Act of 1991.

  8. SPECIAL LIMITATION

    1. Section 1102(a) (4) of the Transportation Equity Act for the 21st Century provides for obligation limitation within the overall obligation ceiling of $21,500,000,000 for the funds authorized under the following:

        (1) section 117 of title 23, United States Code (relating to high priority projects program);

        (2) section 201 of the Appalachian Regional Development Act of 1965;

        (3) the Woodrow Wilson Memorial Bridge Act of 1995; and

        (4) $2,000,000,000 for section 105 of title 23, United States Code (relating to minimum guarantee).

    2. This special limitation associated with the programs listed above shall remain available until used for the obligation of funds for which distributed and shall be in addition to any amount of any limitation imposed for future fiscal years.

    3. The State-by-State distribution of the special limitation associated with minimum guarantee for FY 1998 is also shown in Attachment 1. The special limitation associated with High Priority Projects, the Appalachia Regional Development Act and the Woodrow Wilson Memorial Bridge Act will be distributed when the funds are allocated to the States.

  9. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State transportation agencies.

Original signed by,

Kenneth R. Wykle
Administrator

Attachment


      ATTACHMENT 1
       
U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
       
FY 1998 DISTRIBUTION OF OBLIGATION LIMITATION
PURSUANT TO SECTION 1102 OF THE TRANSPORTATION
EQUITY ACT FOR THE 21ST CENTURY AS AMENDED BY
TEA 21 RESTORATION ACT
       
STATE FORMULA
OBLIGATION
LIMITATION
SPECIAL
LIMITATION
FOR
MINIMUM
GUARANTEE
TOTAL
ALABAMA 323,004,466 50,167,537 373,172,003
ALASKA 150,305,570 67,292,922 217,598,492
ARIZONA 257,207,423 38,002,164 295,209,587
ARKANSAS 215,482,048 27,694,342 243,176,390
CALIFORNIA 1,587,952,633 122,712,973 1,710,665,606
COLORADO 209,662,039 12,320,453 221,982,492
CONNECTICUT 224,379,422 54,036,529 278,415,951
DELAWARE 75,621,753 9,243,685 84,865,438
DIST. OF COL. 74,522,222 371,302 74,893,524
FLORIDA 710,735,513 148,562,050 859,297,563
GEORGIA 544,615,419 103,489,469 648,104,888
HAWAII 86,129,224 9,484,960 95,614,184
IDAHO 115,797,731 22,007,575 137,805,306
ILLINOIS 586,776,124 37,842,271 624,618,395
INDIANA 377,345,098 58,019,634 435,364,732
IOWA 214,466,742 10,229,845 224,696,587
KANSAS 211,385,358 7,566,910 218,952,268
KENTUCKY 274,655,031 45,624,312 320,279,343
LOUISIANA 264,275,865 27,618,736 291,894,601
MAINE 89,636,621 9,074,149 98,710,770
MARYLAND 257,617,998 23,351,368 280,969,366
MASSACHUSETTS 531,707,530 10,672,774 542,380,304
MICHIGAN 512,579,818 68,381,896 580,961,714
MINNESOTA 255,072,523 20,015,596 275,088,119
MISSISSIPPI 206,928,136 19,078,322 226,006,458
MISSOURI 403,245,210 33,093,131 436,338,341
MONTANA 157,509,350 31,307,001 188,816,351
NEBRASKA 146,384,156 3,554,014 149,938,170
NEVADA 116,571,562 19,350,580 135,922,142
NEW HAMPSHIRE 81,675,858 10,248,043 91,923,901
NEW JERSEY 451,657,427 25,104,136 476,761,563
NEW MEXICO 160,740,597 22,756,901 183,497,498
NEW YORK 860,787,873 85,623,086 946,410,959
NORTH CAROLINA 445,401,427 78,355,902 523,757,329
NORTH DAKOTA 115,610,741 9,956,101 125,566,842
OHIO 579,182,057 54,829,104 634,011,161
OKLAHOMA 266,120,747 23,047,683 289,168,430
OREGON 207,832,584 15,908,740 223,741,324
PENNSYLVANIA 806,487,543 94,132,833 900,620,376
RHODE ISLAND 95,419,633 17,016,106 112,435,739
SOUTH CAROLINA 255,379,971 43,022,126 298,402,097
SOUTH DAKOTA 120,193,288 12,922,638 133,115,926
TENNESSEE 364,469,192 52,756,166 417,225,358
TEXAS 1,170,884,693 176,479,995 1,347,364,688
UTAH 133,031,995 11,659,001 144,690,996
VERMONT 79,607,984 7,309,823 86,917,807
VIRGINIA 422,166,924 55,192,111 477,359,035
WASHINGTON 307,240,520 22,319,661 329,560,181
WEST VIRGINIA 173,164,917 27,877,565 201,042,482
WISCONSIN 316,331,400 52,182,647 368,514,047
WYOMING 121,773,703 11,133,132 132,906,835
       
SUBTOTAL 16,716,733,659 2,000,000,000 18,716,733,659
       
SPECIAL LIMITATION
HIGH PRIORITY PROJECTS
    917,358,899
WOODROW WILSON BRIDGE     22,275,000
ALLOCATION RESERVE     1,843,632,442
       
GRAND TOTAL     21,500,000,000

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