TEA-21 - Transportation Equity Act for the 21st Century
Moving Americans into the 21st Century
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TRANSFERABILITY OF HIGHWAY PROGRAM FUNDS
National Highway System (NHS)
Up to 50 percent of NHS apportionments may be transferred to Interstate Maintenance (IM), Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ) and/or the Bridge Replacement and Rehabilitation Program. 
Up to 100 percent of NHS apportionments may be transferred to STP, if approved by the Secretary and if sufficient notice and opportunity for public comment is given. [23 USC 104(c)]
Up to 50 percent of Interstate Maintenance apportionments may be transferred to NHS, STP, CMAQ and/or the Bridge Replacement and Rehabilitation Program. 
Bridge Replacement and Rehabilitation Program
Up to 50 percent of Bridge Program apportionments may be transferred to IM, NHS, STP, and/or CMAQ. .
For purposes of apportioning Bridge Program funds, the transferred amount will be deducted from the total cost of deficient bridges in the State and in all States. 
Funds set aside for bridges not on Federal-aid highways (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 setaside funds [23 USC 144(g)(3)]
Congestion Mitigation and Air Quality Improvement Program
Up to 50 percent of the amount by which the CMAQ apportionment for the fiscal year exceeds the amount that would have been apportioned for that fiscal year if the CMAQ program had been funded at $1.35 billion annually may be transferred to STP, NHS, IM, and/or the Bridge Program. Transferred funds may only be used in nonattainment and maintenance areas. 
Surface Transportation Program
Transportation Enhancement (TE) setaside - Up to 25 percent 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 IM, CMAQ, NHS and/or the Bridge Program. 
Safety setaside - Safety setaside funds equivalent to the funds made available for FY 1991 for the Hazard Elimination and Railway-Highway Crossing Programs (23 USC 130 and 152) may not be transferred. Up to 25 percent of the difference between the remainder of the safety setaside for the fiscal yearthe "optional safety" fundsand the comparable amount for FY 1997 may be transferred to IM, CMAQ, NHS and/or the Bridge Program. 
Suballocation to areas - STP funds allocated to sub-State areas (rural, urbanized areas with population over 200,000) may not be transferred. 
Transfers to STP from the IM, NHS, CMAQ, and Bridge Programs will not be subject to further STP setasides or suballocations.
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 USC 119(b)]
States may transfer IC funds remaining after all work included in the ICE has been fully financed to the NHS.
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. 
September 14, 1998