Revised Federal-aid Highway Program Obligation Authority - Fiscal Year (FY) 2009
Office of Primary Interest
|N 4520.212||December 23, 2011||HCFB-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.
Does this Notice cancel FHWA Notice 4520.201? Yes. This Notice cancels FHWA Notice 4520.201, Federal-Aid Highway Program Obligation Authority – Fiscal Year (FY) 2009, dated March 25, 2009. The revision to the obligation limitation distribution is required based on the revised FY 2009 Equity Bonus apportionment. The distribution of the $2,000,000,000 in special limitation for the Equity Bonus program has been revised to match the revised Equity Bonus contract authority with which the special limitation is associated. None of the other obligation limitation amounts have been revised. All adjustments made based on the revised distribution will be entered into the Fiscal Management Information System as adjustments to the FY 2012 Equity Bonus special limitation distribution to the extent possible.
What are the legislative provisions?
Division I, title I of the Omnibus Appropriations Act, 2009, Public Law (Pub. L.) 111-8 provides the limitation on obligations for FY 2009 of $40,700,000,000.
The limitation shall not apply to obligations for projects covered under:
What are the allocated accounts?
Amounts authorized for administrative expenses and programs funded from the administrative takedown, the highway use tax evasion program, and 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. Obligation limitation made available for Transportation Research remains available for 3 years. Obligation limitation made available for Transportation Research in prior years is in addition to amounts made available for FY 2009.
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 formula obligation authority/limitation distributed to each State for FY 2009. Each State receives a proportional amount of the obligation limitation available to be distributed to the States based on the ratio of that State's total apportionments subject to the limitation on obligations bears to the total of such apportionments for all States.
After August 1, 2009, the Secretary will revise the distribution of obligation authority made available if a State does not plan to obligate the amount distributed during FY 2009 and redistribute such amount to those States able to obligate amounts in addition to those previously distributed during FY 2009. The revised distribution of obligation authority shall not include such obligation authority that is available indefinitely (until used) or that is available to be used after FY 2009.
What are the special limitations?
Division I, title I, section 120(a)(4)(A) of the Omnibus Appropriations Act, 2009, provides for an obligation limitation within the overall obligation ceiling for the funds authorized under the following:
Division I, title I, section 120(a)(4)(B) of the Omnibus Appropriations Act, 2009, provides that $2,000,000,000 of the obligation limitation shall be distributed for the Equity Bonus Program (section 105 of title 23, U.S.C.).
Division I, title I, section 120(f) of the Omnibus Appropriations Act, 2009, provides that the special limitation associated with the provision specified in division I, title I, section 120(a)(4) of the Omnibus Appropriations Act, 2009, shall:
Division I, title I, section 120(g) of the Omnibus Appropriations Act, 2009, provides flexibility by permitting obligation limitation assigned individually to High Priority Projects numbered 1-3676 in the table in section 1702, to be used for any other project in that section in the same State. Limitation so used must be restored to its original purpose when the FY 2010 obligation limitation is distributed.
The State-by-State distribution of the special limitation associated with the Equity Bonus Program and the Appalachian Development Highway System Program for FY 2009 is also shown on the attached Table 1.
Are there any transfer provisions? Yes, limitation will be transferred to the State's 402 Safety Program for those States that failed to meet the provisions of section 154 of title 23, U.S.C., the Open Container Requirements; and section 164 of title 23, U.S.C., the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence for FY 2009. The amounts of the 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 the State departments of transportation.
Victor M. Mendez