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This directive was canceled September 1, 2005.

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U.S. Department
of Transportation
Federal Highway
Administration

Notice
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Subject
Revised Federal-Aid Highway Program Obligations Fiscal Year (FY) 2005
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Classification Code Date
Office of Primary Interest
N 4520.183 August 18, 2005 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 based on multi-year law reauthorizing the Federal-aid highway program.

  2. Does the Notice cancel FHWA Notice 4520.182? Yes, this Notice cancels FHWA Notice 4520.182, Federal-aid Highway Program Obligations Fiscal Year (FY) 2005, dated July 19, 2005. The revisions to the obligation limitation are required pursuant to the Surface Transportation Extension Act of 2005, Part V (STEA05, Part V), P.L. 109-40.

  3. What are the legislative provisions?

    1. 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.

    2. 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.

    3. 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.

    4. Section 2(e) of the Surface Transportation Extension Act of 2004, Part V, as amended by the section 2(d) of the STEA05; the STEA05, Part II; the STEA05, Part III; the STEA05, Part IV; and the STEA05, Part V, further limits the amount of obligation limitation that can be distributed to programs and to the States. The amount being distributed is $28,568,118,600 upon implementation of the multi-year law reauthorizing the Federal-aid highway program.

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

      1. (1) section 125 of title 23, United States Code (U.S.C.);

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

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

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

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

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

      7. (7) section 157 of title 23, U.S.C., as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century; and

      8. (8) section 105 of title 23, U.S.C., only in an amount equal to $530,370,000 in FY 2005.

  4. What are the Allocated Accounts?

    1. 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.

    2. 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.

    3. 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.

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

  5. What is the Distribution of Obligation Limitation to the States?

    1. 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.

    2. 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.

  6. What are the Special Limitations?

    1. 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; the STEA05, Part II; the STEA05, Part III; the STEA05, Part IV; and the STEA05, Part V, provides for an obligation limitation within the overall obligation ceiling for the funds authorized under the following:

      1. (1) section 201 of the Appalachian Regional Development Act of 1965, and

      2. (2) section 105 of title 23, U.S.C. (relating to Minimum Guarantee).

    2. 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.

    3. 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.

  7. 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. The amounts of the revised transfers and associated obligation limitation are shown on Table 4 pursuant to STEA05, Part V.

  8. What do the tables illustrate?

    1. Amounts on Table 1 pursuant to STEA05, Part V, illustrate the amounts being provided per this Notice.

    2. Amounts on Table 2 are shown only to illustrate the amounts pursuant to STEA05, Part IV, that are not provided under a separate Notice.

    3. Amounts on Table 3 are shown only to illustrate the amounts pursuant to STEA05, Part III, that are not provided under a separate Notice.

    4. Amounts on Tables 2 and 3 pursuant to STEA05, Part IV and STEA05, Part III, are reflective in Table 1 amounts pursuant to the STEA05, Part V.

    5. Amounts on Table 4 pursuant to STEA05, Part V, illustrate cumulative amounts of funds and limitation that will be transferred/withheld from the States pursuant to 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.

  9. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

J. Richard Capka

J. Richard Capka
Acting Administrator

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