Revised Federal-Aid Highway Program Obligations Fiscal Year (FY) 2005
Office of Primary Interest
|N4520.182||July 19, 2005||HABF-10|
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 multi-year law reauthorizing the Federal-aid highway program.
Does the Notice cancel FHWA Notice 4520.181? Yes, this Notice cancels FHWA Notice 4520.181, Federal-aid Highway Program Obligations Fiscal Year (FY) 2005, dated June 10, 2005. The revisions to the obligation limitation are required pursuant to the Surface Transportation Extension Act of 2005, Part II (STEA05, Part II), P. L. 109-20.
What are the legislative provisions?
Division H of the Consolidated Appropriations Act, 2005, P.L. 108-447, the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005, provides an obligation limitation for the Federal-aid highway program for FY 2005 of $34,700,000,000.
Division J, title I, section 122, of the Consolidated Appropriations Act, 2005, P.L. 108-447, contains a .8 percent across-the-board rescission of the obligation limitation imposed for FY 2005. The rescission reduces the Federal-aid highway program obligation limitation by $277,600,000, to $34,422,400,000.
Division H, title I, section 197 of the Consolidated Appropriations Act, 2005, P.L. 108-447, contains a Working Capital Fund reduction which further reduces the Federal-aid highway program obligation limitation by $2,980,000, to $34,419,420,000.
Section 2(e) of the Surface Transportation Extension Act of 2004, Part V, as amended by the section 2(d) of the STEA05 and the STEA05, Part II, further limits the amount of obligation limitation that can be distributed to programs and to the States to $27,535,536,000 until the enactment of a multi-year law reauthorizing the Federal-aid highway program.
This limitation shall not apply to obligations for projects covered under:
What are the Allocated Accounts?
Amounts authorized for administrative expenses, programs funded from the administrative takedown, and the programs, projects, and activities for which funds are made available in Division H, title I, section 117 and under the heading "National Highway Traffic Safety Administration" in the Consolidated Appropriations Act, 2005, P.L. 108-447, as well as the amounts authorized for the highway use tax evasion program and for the Bureau of Transportation Statistics, are subject to the limitation on obligations.
Unobligated balances of funds from the previous fiscal year that are allocated by the Secretary are subject to the limitation on obligations but are excluded from the State-by-State distribution.
Obligations of funds authorized for Transportation Research are subject to the limitation on obligations. Amounts remaining available for obligation that were authorized for such programs in FY 2004 shall be in addition to the overall obligation limitation for FY 2005.
Amounts that are allocated will be covered by an equal amount of obligation limitation, which will be distributed with the allocation of the funds.
What is the Distribution of Obligation Limitation to the States?
The attached Table 1 shows the amount of revised formula obligation limitation distributed to each State for FY 2005. Each State receives a proportional amount of the obligation limitation available to be distributed to the States based on the ratio that State's total apportionments subject to the limitation on obligations, bears to the total of such apportionments for all States
After August 1, 2005, the Secretary will revise the distribution of limitation made available if a State does not plan to obligate the amount distributed during FY 2005 and redistribute such amount to those States able to obligate amounts in addition to those previously distributed during FY 2005.
What are the Special Limitations?
Division H, title I, section 110(a)(4), of the Consolidated Appropriations Act, 2005, P.L. 108-447, as limited by section 2 of the STEA04, Part V, as amended by section 2 of the STEA05 and the STEA05, Part II, provides for an obligation limitation within the overall obligation ceiling for the funds authorized under the following:
The 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.
The State-by-State distribution of the revised special limitation associated with Minimum Guarantee and the Appalachian Regional Development Act of 1965 for FY 2005 is also shown on the attached Table 1.
Are there any transfer or withholding provisions? Yes, limitation will be transferred to the State's 402 Safety Program for those States that failed to meet the provisions of title 23, 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 2005. Limitation will be withheld and reserved from the State of New York pending verification of compliance with the provisions of title 23, U.S.C., section 154, the Open Container Requirements law. Limitation will be withheld from those States that failed to meet the provisions of title 23, U.S.C., section 163, the Operation of Motor Vehicles by Intoxicated Persons law. The amounts of the revised transfers and associated obligation limitation are shown on Table 2.
What action is required? Division Administrators should ensure that copies of this Notice are provided to State departments of transportation.
Mary E. Peters