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Notice
Subject
Sliding Scale Rates In Public Land States - Rates Effective March 17, 1992
Classification Code Date  
N 4540.12 March 17, 1992  

  1. Purpose. To provide tables which show sliding scale rates of Federal Participation in public lands States.

  2. Authority

    1. Rates applicable to projects on the Interstate System were determined pursuant to 23 U.S.C. 120(a).

    2. Rates applicable to any project not on the Interstate System were determined pursuant to 23 U.S.C. 120 (b)(1) and (2).

  3. General

    1. The sliding scale rates provided herein apply to the costs of Federal-aid projects financed from the respective funds except for traffic control signalization projects, pavement marking projects, commuter carpooling and vanpooling projects, and installation of traffic signs, traffic lights, guardrail, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems projects for emergency vehicles at signalized intersection financed at greater than the regular participation ratio. The sliding scale rates initially determined shall be retained throughout the life of the project, except (1) the State may elect to revise active projects by modification of agreements to utilize revised sliding scale rates, and (2) at the final voucher stage the State may elect to utilize the sliding scale rate then in effect. However, this instruction does not permit revision from an initially established Federal/State pro rata (70/30) for a project to a different Federal/State pro rata (75/25), i.e., a sliding scale rate based on a 70/30 pro rata may be changed to the revised sliding scale rate based on the same 70/30 pro rata but not to a sliding scale rate basedon a different pro rata (75/25).

    2. For traffic control signalization, pavement marking, commuter carpooling and vanpooling, installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems projects, the maximum rate of participation of Federal-aid funds is 100 percent of the cost of construction, except that not more than 50 percent is payable for right-of-way and property damage costs obligated prior to July 1, 1973; 70 percent is payable July 1, 1973 to November 6, 1978; and 75 percent payable November 6, 1978 to December 18, 1991.

    3. Projects financed with HPR funds pursuant to 23 U.S.C. 307 and bridge funds pursuant to 23 U.S.C. 144 are not subject to sliding scale rates.

    4. The rate of Federal participation in projects financed with one percent metropolitan planning finds is 80 percent. The sliding scale rates may be applied to this program.

  4. Rates

    1. Clause (1) Rates Applicable to Projects not subject to paragraph 4c below. The rates shown in Table 1 are based on the ratio of the areas of nontaxable Indian lands and of public domain lands (reserved and unreserved) exclusive of national forests and national parks, and monuments, to the total area of the State. Rates are available for States in which the designated public land area exceeds 5 percent of the total area of the State. The 50 percent Federal, 50 percent State rates apply to obligations incurred on projects from July 1, 1973. The 70 percent Federal, 30 percent State rates apply to obligations incurred on projects from July 1, 1973 to November 6, 1978. The 75 percent Federal, 25 percent State rates apply to obligation incurred on Federal-aid non-Interstate projects on and after November 6, 1978.

    2. Clause (2) Rates Applicable to Projects not subject to paragraph 4c below. These rates are shown in Table 2 and are based on the ratio of the area of nontaxable Indian land, public domain lands (reserved and unreserved), national forest, and national parks and monuments to the total area of the State. The 50 percent Federal, 50 percent State rates apply to obligations incurred on projects prior to July 1, 1973. The 70 percent Federal, 30 percent State rates apply to obligations incurred on projects from July 1, 1973 to November 6, 1978. The 75 percent Federal, 25 percent State rates apply to obligations incurred onFederal-aid non-Interstate projects November 6, 1978, and thereafter. The maximum rate of Federal participation is 95 percent. These rates are available for States that have signed agreements pursuant to 23 U.S.C. 120(b)(2).

    3. Rates Applicable to Projects on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes). These rates are shown in Table 3 and are based on the ratio of the area of unappropriated and unreserved public lands and nontaxable Indian lands to the total area of the State. Rates are available for States in which the designated public land area exceeds 5 percent of the total area of the State. The maximum rate of Federal participation is 95 percent.

/s/
Peter J. Basso
Director, Office of Fiscal Services

Attachments:

Table 1

Table 2

Table 3

Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000