U.S. Department of Transportation Federal Highway Administration	Notice Subject Revised Federal-Aid Highway Program Obligations Fiscal Year (FY) 2004
	Classification Code	Date	Office of Primary Interest
	N 4520.179	October 28, 2004	HABF-10

1. What is the purpose of this Notice? This Notice is to advise of the revised distribution among the States of the limitation on Federal-aid highway program obligations. This distribution is subject to revision upon the enactment of a law reauthorizing the Federal-aid highway program.
   
   
2. Does this Notice amend Notice 4520.176? Yes, this Notice amends the FHWA Notice 4520.176, Revised Federal-aid Highway Program Obligations Fiscal Year (FY) 2004. The revisions to the obligation limitation are required pursuant to Section 12 of the Surface Transportation Extension Act of 2004, Part V, (STEA04, Part V) Public Law (P.L.) 108-310 and the Department of Defense Appropriations Act, 2005, P.L. 108-287.
   
   
3. What are the legislative provisions?
   
   
   1. Division F of the Consolidated Appropriations Act, 2004, P.L. 108-199, the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004, provides an obligation limitation for the Federal-aid highway program for FY 2004 of $33,843,000,000.
      
      
   2. Division H, section 168, of the Consolidated Appropriations Act, 2004, P.L. 108-199, contains a .59 percent across-the-board rescission of obligation limitation imposed for FY 2004. The rescission reduces the Federal-aid highway program obligation limitation by $199,673,700, to $33,643,326,300.
      
      
   3. Division F, section 517, of the Consolidated Appropriations Act, 2004, P.L. 108-199, the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004, contains a Working Capital Fund reduction which further reduces the Federal-aid highway program obligation limitation by $2,578,203 to $33,640,748,097.
      
      
   4. Section 14003 of the Department of Defense Appropriations Act, 2005, P.L. 108-287, distributes additional obligation limitation in the amount of $308,952,656 to 27 States. The FY 2004 obligation limitation totals $33,949,700,753.
      
      
4. What is the Distribution of Obligation Limitation to the States?
   
   
   1. Table 1 shows the amount of remaining formula obligation limitation distributed to the States pursuant to P.L. 108-199. The additional obligation limitation made available for FY 2004 under section 2 of the Surface Transportation Extension Act of 2003 as a result of the amendments made by section 12 of the STEA04, Part V, shall remain available for obligation during FY 2004 and FY 2005, or for additional fiscal years if so made available in a law enacted before the date of enactment of the STEA04, Part V.
      
      
   2. Table 1 also shows the additional amount of formula obligation limitation distributed to 27 States pursuant to section 14003(b) of P.L. 108-287. The limitation under heading "Federal-aid Highways (Limitation on Obligations) (Highway Trust Fund)" in Public Law 108-199 is increased by an amount necessary to ensure that each State receives an amount of obligation authority equal to what the State would have received under division F, title I, section 110(a)(6) of P.L. 108-199 but for the amendment made to division F, title I, section 110(g) of P.L. 108-199 by section 14003(a) of P.L. 108-287. This amount of obligation authority is calculated to be $308,952,656, and such amount shall remain available during FY 2004 and FY 2005.
      
      
5. Are there any transfer or withholding provisions? Yes, limitation will be transferred to the States' 402 Safety Program for those States that failed to meet the provisions of title 23, United States Code (U.S.C.), section 154, the Open Container Requirements law; and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence law for FY 2004. Limitation will be withheld from the State that failed to meet the provisions of title 23, U.S.C., section 163, the Operation of Motor Vehicles by Intoxicated Persons law. The remaining amounts of transfers and associated obligation limitation are shown on Table 2. The obligation limitation shall remain available during FY 2004 and FY 2005.
   
   
6. What action is required? Division Administrators should ensure that copies of this Notice are provided to State departments of transportation.

Table 1
Table 2

	Mary E. Peters Administrator