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FHWA > Programs > Office of Policy > Legislative Affairs and Policy Communications > Financing Federal-aid Highways > Appendix I

Appendix I: Transferability Between Apportioned Highway Programs1

PROGRAM TRANSFERABILITY PROVISIONS STATUTE
Interstate Maintenance Program (IM) A State may transfer up to 50% of its IM apportionment to its NHS, STP, CMAQ, HBRRP, HSIP, and/or RT apportionments.

If a State certifies, and the Secretary approves, that the IM apportionment is in excess of the State's needs for that program and that the State is adequately maintaining the Interstate System, the State may transfer such excess to its NHS or STP apportionments.
23 U.S.C. 126(a)


23 U.S.C. 119(c)(1)
National Highway System (NHS) Up to 50% of a State's NHS apportionment may be transferred to its STP, IM, CMAQ, HBRRP, HSIP, and/or RT apportionment.

Up to 100% may be transferred to the STP if approved by the Secretary as being in the public interest and if sufficient notice and opportunity for public comment is given.
23 U.S.C. 126(a)


23 U.S.C. 104(c)
Surface Transportation Program (STP)
   Transportation Enhancements (TE) Set-aside
   Safety Set-aside
   Suballocation to Areas
A State may transfer up to 50% of its STP apportionment to its NHS, IM, CMAQ, HBRRP, HSIP, and/or RT apportionments except for limitations on the transfer of certain set-aside or suballocated funds as described below.

Up to 25% of the difference between the amount set aside from a State's STP apportionment for TE for the fiscal year and the amount set aside for TE for FY 1997 may be transferred to the IM, CMAQ, NHS, HBRRP, HSIP, and/or RT apportionment.

STP safety set-aside funds equivalent to the funds made available for FY 1991 for the Hazard Elimination (23 U.S.C. 152) and Railway-Highway Crossing (23 U.S.C. 130) programs may not be transferred. Up to 25% of the difference between the remainder of the safety set-aside for the fiscal year-the "optional safety" funds-and the comparable amount for FY 1997 may be transferred to the IM, CMAQ, NHS, HBRRP, HSIP, and/or RT apportionment.

STP funds allocated to sub-State areas may not be transferred to other highway programs.
23 U.S.C. 126(a)



23 U.S.C. 126(b)



23 U.S.C. 126(b)





23 U.S.C. 126(b)
Highway Bridge Replacement and Rehabilitation Program (HBRRP) A State may transfer up to 50% of its HBRRP apportionment to its apportionment under IM, NHS, STP, CMAQ, HSIP, and/or Recreational Trails. For purposes of apportioning HBRRP funds in the following year, the transferred amount will be deducted from the total cost of deficient bridges in the State and in all States.

A State may transfer up to 40% of its HPRRP apportionment to its Railway-Highway Crossing apportionment if the Secretary finds it to be in the public interest and up to 100% if the Secretary receives satisfactory assurances from the State DOT that the purposes of the HPRRP program have also been met.

Funds set aside for off-system bridges may not be transferred unless a determination is made that the State has inadequate needs to justify expenditure of the full amount of the set-aside funds.
23 U.S.C. 126(a) and 144(e)



23 U.S.C. 104(g)



23 U.S.C. 144(g) (2)(B)
Congestion Mitigation and Air Quality Improvement Program (CMAQ) A State may transfer to its STP, NHS, IM, HBRRP, HSIP, and/or RT apportionments up to 50% of the amount by which the CMAQ apportionment for the fiscal year exceeds the amount the State would have been apportioned if the program had been funded at $1.35 billion for the year. Transferred funds may only be used in air quality standards nonattainment and maintenance areas. 23 U.S.C. 126(c)
Recreational Trails Program (RT) A State may transfer up to 50% of its RT apportionment to its apportionment under IM, NHS, STP, CMAQ, HSIP, and/or HBRRP 23 U.S.C. 126(a)
Metropolitan Planning Metropolitan Planning apportionments may not be transferred to other highway program apportionments. 23 U.S.C. 126(b)
Highway Safety Improvement Program (HSIP) A State may transfer up to 50% of its HSIP apportionment to its IM, NHS, STP, CMAQ, HBRRP, and/or RT apportionments. 23 U.S.C. 126(a)
Rail-Highway Crossings Program A State may transfer up to 40% of its Rail-Highway Crossings apportionment to its HBRRP apportionment if the Secretary finds it to be in the public interest and up to 100% if the Secretary receives satisfactory assurances from the State DOT that the purposes of the Rail-Highway Crossings Program have also been met. 23 U.S.C. 104(g)

1This appendix describes options to transfer funds from one apportioned highway program to another. Other transfer options exist, including transfers of funds to from one State to another, from a State to Federal agency, or among certain projects designated in statute. Guidance on the full range of transfer options, as well as procedures for executing transfers, is issued by the Federal Highway Administration's Office of the Chief Financial Officer.

 

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