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MAP-21 Puerto Rico Highway Program (PRHP) Implementation Guidance (Revised)


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U.S. Department of
Transportation
Federal Highway
Administration

Memorandum

Subject: Information: Puerto Rico Highway Program (PRHP) Implementation Guidance (Revised) Date: March 20, 2013
From:

/s/ David Nicol
for John Baxter
Associate Administrator for Infrastructure

Reply to Attn. of: HIPA-10
To: Florida Division Administrator
Puerto Rico Assistant Division Administrator
Director of Field Services, South
Director of Technical Services

On July 6, 2012, the President signed into law P.L. 112-141, the Moving Ahead for Progress in the 21st Century Act (MAP-21).  The attached PRHP Implementation Guidance provides information on funding, eligible activities, and specific requirements of the Puerto Rico Highway Program.

This memo supersedes the implementing guidance provided October 24, 2012.

If you have any questions, please contact Mr. Peter Kleskovic (202-366-4652) or Mr. Tony DeSimone (317-226-5307) of the Office of Program Administration.

Attachment

Puerto Rico Highway Program (PRHP) Implementation Guidance

  1. GOVERNING AUTHORITIES

    Section 1114 of the MAP-21 re-establishes the PRHP in 23 U.S.C. 165(b). The PRHP is an allocated program under the Territorial and Puerto Rico Highway Program.  The PRHP is to be carried out under the provisions of Chapter 1 of Title 23 of the U.S. Code.  Puerto Rico is treated as a State except for provisions related to apportionment of funds or as otherwise provided.

  2. FUNDING
    1. Authorization Levels under MAP 21: Section 1101(a)(4) of MAP-21 authorizes funds for the Territorial and Puerto Rico Highway Program. Section 1114 amends 23 U.S.C. 165 and provides for the allocation of funds to the Territorial Highway Program and the PRHP.  

      The following amounts are allocated to the PRHP through FY 2014:

      FY 2013 $150,000,000
      FY 2014 $150,000,000
      TOTAL $300,000,000

      The Fiscal Management Information System (FMIS) program codes are as shown below. 

      MP10 – Puerto Rico Highway, 25%
      MP20 – Puerto Rico Highway, NHPP 50%
      MP30 – Puerto Rico Highway, HSIP 25%
      MP40 – Puerto Rico - Section 154 Penalty HSIP Eligible Activities
      MP50 – Puerto Rico - Section 164 Penalty HSIP Eligible Activities

      This allocated program is subject to the provisions of MAP-21 Sec. 1102(f) Redistribution of Certain Authorized Funds.  This “lop-off” provision requires that any funds authorized that exceed the amount of obligation authority provided for the program be deducted from the program and then to be distributed to the States for use under the Surface Transportation Program.  Therefore, the above authorized amounts will be reduced to the amount of obligation limitation available for the program.

    2. Period of Availability: PRHP funds are contract authority.  PRHP obligations are reimbursed from the Highway Account of the Highway Trust Fund.  PRHP funds are available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized.  Thus funds are available for obligation for 4 years.

    3. Obligation Limitation: PRHP funds are subject to the annual obligation limitation imposed on the Federal-aid highway program. The obligation limitation is subject to August Redistribution.

    4. Federal Share:  The Federal share for PRHP funds is governed by 23 U.S.C. 120. It is generally 80 percent. The Federal share for projects on the Interstate system is 90 percent, unless the project adds lanes that are not high-occupancy-vehicle or auxiliary lanes.  For projects that add single occupancy vehicle capacity, that portion of the project that increases single occupancy vehicle capacity will revert to the 80 percent level.

      Certain safety projects as listed in 23 U.S.C. 120(c)(1) may have a Federal share of 100 percent. Certain safety projects are defined in section 120(c)(1) as "traffic control signalization, maintaining minimum levels of retroreflectivity of highway signs or pavement markings, traffic circles (also known as "roundabouts"), safety rest areas, pavement marking, shoulder and centerline rumble strips and stripes, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems for emergency vehicles or transit vehicles at signalized intersections."

      As provided for in section 1116 of MAP-21, projects that demonstrate an improvement to the efficient movement of freight and are identified in a State freight plan are eligible for an increased Federal share at the discretion of the Secretary of Transportation:  95 percent for projects on the Interstate System and 90 percent for all other projects.  This provision will be the subject of further guidance.

      The Federal share for projects that are located on toll roads, and subject to the provisions of 23 U.S.C. 129, is limited to 80 percent.

      The Federal share for projects that use funds set-aside due to penalties under 23 U.S.C. 154 and 164 for eligible activities under 23 U.S.C. 148, the Highway Safety Improvement Program, is 100 percent.

      Puerto Rico may choose to use a lower Federal share on Federal-aid projects as provided in 23 U.S.C. 120.

    5. Imposition of Penalties: The PRHP is subject to applicable penalties under title 23 and title 49 of the U.S. Code.  23 U.S.C. 165(b)(2) establishes that amounts provided for the program are to be treated as being apportioned under sections 104(b) and 144 of title 23, U.S.C., and identifies the method for applying the penalty.

  3. ELIGIBILITY

    1. Eligible Projects and Activities

      1. (a) Eligible Activities:

        1. (1) 50 percent of the funds may only be used for purposes eligible under the National Highway Performance Program. (23 U.S.C. 119)

        2. (2) 25 percent of the funds may only be used for the purposes eligible under the Highway Safety Improvement Program. (23 U.S.C. 148)

        3. (3) 25 percent of the funds may be used for any purpose eligible under Chapter 1 of title 23 of the U.S. code. This would include any program outside of title 23 referenced by one of those eligible Chapter 1 programs, such as eligible capital cost for transit projects under Chapter 53 of title 49 of the U.S. code.

  4. ADMINISTRATION – The definition of State in 23 U.S.C. 101(a) includes Puerto Rico.  Therefore, all provisions of title 23, other than those for apportionment of funds, apply to Puerto Rico and the funds provided under the PRHP.

Page last modified on September 12, 2013.
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