Section 1113 Congestion Mitigation and Air Quality Improvement Program (CMAQ) Questions & Answers

Answer CM-1: Yes. It is available, but only for a short period. As part of the last temporary extension of SAFETEA-LU, the 100 percent Federal share flexibility for CMAQ projects remains available at the State's discretion until September 31, 2012. Starting on October 1, 2012, the CMAQ Federal share will generally be 80 percent of the total project cost, subject to the upward sliding scale adjustment for States containing public lands (See page 16 of Financing Federal-Aid Highways, FHWA- PL-07-017). Certain safety projects that include an air quality or congestion relief component, e.g. carpool/vanpool projects, as provided in 23 USC 120(c) may have a Federal share of 100 percent, but this provision is limited to 10 percent of the total funds apportioned to a State under 23 USC 104.

Answer CM-2: No. Generally, projects considered eligible under SAFETEA-LU remain so under MAP-21.

Answer CM-3: No. Generally, all CMAQ projects must demonstrate the three primary elements of eligibility: transportation identity, emissions reduction, and location in or benefitting a nonattainment or maintenance area. While some categories, such as carsharing, have been highlighted in the legislation, this does not create automatic eligibility.

Answer CM-4: Yes. MAP-21 provides eligibility in Section 1108 under the Surface Transportation Program (STP) for electric vehicle and natural gas vehicle infrastructure in the context of certain parking facilities.

Answer CM-5: The 23 USC 149(m) Operating Assistance language is being reviewed and an interpretation of this language will be issued in the future.

Answer CM-6: Yes. Under 23 USC 149(d), MAP-21 has a provision similar to the traditional handling of minimum apportionment States. States with no nonattainment or maintenance areas designated by the US Environmental Protection Agency will be able use their CMAQ apportionment for any project eligible for CMAQ or the STP.

Answer CM-7: No. Unlike SAFETEA-LU, there is no longer a statutory distribution formula for CMAQ apportionment under MAP21. Starting October 1, 2012, States' CMAQ apportionments will be determined by their overall share of the program in prior years.

Answer CM-8: Under MAP-21, CMAQ apportionments will stay essentially the same as they were for Fiscal Year 2012 under the SAFETEA-LU extensions that expire on September 30, 2012. . Slight reductions in CMAQ apportionments are possible.

Answer CM-9: No. The transfer provisions of 23 USC 126 have been restructured considerably. MAP-21 sets the overall Federal-aid transfer limitation for any program, including the CMAQ program, to 50 percent. Previous restrictions in the CMAQ formula which resulted in transfer limitations of approximately 20-25 percent of the program each year have been eliminated. Exercising this transfer authority could impact traffic congestion and on-road mobile source emissions, the progress of which will be reported once performance measures are established under 23 U.S.C. 150.

Answer CM-10: Yes. If a transit project eligible under CMAQ is selected, funds for such project may be transferred to FTA to administer the project in accordance with chapter 53 of title 49. [23 U.S.C. 104(f)]. This transfer is independent of the provisions outlined in CM-9, covering 23 U.S.C. 126.

Answer CM-11: The interpretation of this provision is under review and a process for determining the appropriate investment requirements will be identified.

Answer CM-12: Yes. The requirements for maintaining the CMAQ database have been strengthened in MAP-21.

Answer CM-13: The CMAQ performance measures and standards outlined in 23 U.S.C. 150(c) will be implemented through regulation along with the other performance measures required under that section. DOT will solicit comments through that process. Further information is forthcoming.