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Appendix J: Transferability

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, and/or Recreational Trails apportionments. 23 U.S.C. 110(a)
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. 119(c)(1)
Any amounts transferred to the STP are not subject to the STP earmarking and subdivision requirements. 23 U.S.C. 110(b)
National Highway System (NHS) Up to 50% of a State's NHS apportionment may be transferred to its STP, IM, CMAQ, HBRRP, and/or Recreational Trails apportionment. 23 U.S.C. 104(c) and 110(a)
Up to 100% may be transferred to the STP if approved by the Secretary and if sufficient notice and opportunity for public comment is given. 23 U.S.C. 104(c)
Any amounts transferred to the STP are not subject to the STP earmarking and subdivision requirements. 23 U.S.C. 104(c) and 110(b)
Surface Transportation Program (STP)
Transportation Enhancements (TE) Set-aside Up to 25% of the difference between the amount set aside 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, and/or Recreational Trails apportionment. 23 U.S.C. 110(b)
Safety Set-aside 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. 23 U.S.C. 110(b)
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, and/or Recreational Trails apportionment. 23 U.S.C. 110(b)
Suballocation to Areas STP funds allocated to sub-State areas (areas with population of 200,000 or under, urbanized areas with population over 200,000) may not be transferred. 23 U.S.C. 110(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, 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. 23 U.S.C.110(a) and 144(e)
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.144(g)(3)
Any amounts transferred to the STP are not subject to the STP earmarking and subdivision requirements. 23 U.S.C.110(b)
Congestion Mitigation and Air Quality Improvement Program (CMAQ) A State may transfer up to 50% of the amount by which the apportionment for the fiscal year exceeds the amount the State would have been apportioned if the program had been funded at $1.35 billion annually to its STP, NHS, IM, HBRRP, and/or Recreational Trails apportionments, although transferred funds may only be used in nonattainment and maintenance areas. 23 U.S.C. 110(c)
Any amounts transferred to the STP are not subject to the STP earmarking and subdivision requirements. 23 U.S.C. 110(b)
Recreational Trails Program A State may transfer up to 50% of its Recreational Trails apportionment to its apportionment under IM, NHS, STP, CMAQ, and/or HBRRP 23 U.S.C. 110(a)
Any amounts transferred to the STP are not subject to the STP earmarking and subdivision requirements. 23 U.S.C. 110(b)
Metropolitan Planning Funds set aside for Metropolitan Planning may not be transferred. 23 U.S.C. 110(b)
`Interstate Construction (IC)

A State, other than Massachusetts, may transfer an amount equivalent to the Federal share of the cost to complete its open-to-traffic Interstate segments included in the latest Interstate Cost Estimate (ICE) from its IC funds to NHS and/or IM. The work on which the transfer is based will be removed from the ICE and will lose its IC fund eligibility.

 

23 U.S.C. 119(b)

 

States may transfer IC funds remaining after all work included in the ICE has been fully financed to the NHS.

 

23U.S.C. 103(d)

States with remaining completion work on Interstate gaps or open-to-traffic segments may relinquish IC fund eligibility and transfer to the NHS amounts equivalent to the Federal share of the cost of such work in the most recent ICE. 23U.S.C. 103(d)

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Electronic version of Publication No. FHWA-PL-99-015


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