U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
MAP-21 - Moving Ahead for Progress in the 21st Century
03/25/2013
Main statutory citation(s): MAP-21 §1508; 23 USC 120
Overview
The maximum share of project costs that may be funded with Federal-aid highway funds (the “Federal share”) varies based on the Federal-aid program under which the project receives funding. In some cases the Federal share to which a given program is subject is also adjusted based on related statutory provisions.
“Standard” Federal share
23 USC 120 establishes a Federal share that applies to the entire Federal-aid highway program (except where other statutory language establishes a different and more specific share):
(See the table below – and program-specific fact sheets – for details on programs to which the standard Federal share does not apply)
Adjustments to Federal share
Sliding scale
23 USC 120 also allows an upward adjustment (the “sliding scale”) to the Federal share for States that contain a large amount of Federal lands. Sliding scale States are eligible for a Federal share of 90-95% for Interstate projects and 80-85% for other projects. (See prior FHWA guidance for the specific share allowable in each sliding scale State under this provision).
Adjustments to Federal share under certain apportioned programs
Designated safety projects. Certain specified safety projects are eligible to receive a Federal share of up to 100%. A State may apply this increased Federal share on no more than 10% of its combined apportionment under 23 USC 104. [§1508(1); 23 USC 120(c)(1)]
Innovative delivery methods. Projects incorporating Innovative Project Delivery as described in 23 USC 120(c)(3) may have an increased Federal share. This provision will be the subject of further guidance.
Workforce development. Subject to project approval by the Secretary, a State may obligate NHPP, STP, HSIP, and CMAQ funds for surface transportation workforce development, training, and education at a Federal share of 100%. [§52004(4)(A)(i); 23 USC 504(e)]
Appalachian Development Highway System (AHDS) projects. For FY 2012 through FY 2021, a State that uses apportioned funding to construct a highway or access road on the Appalachian Development Highway System is eligible for a Federal share of 100% on that project. [§1528(c)]
Other adjustments to Federal share
Projects to improve freight movement. The Secretary has the option to increase the Federal share of an Interstate System project to 95% (or of any other project to 90%) if the project is included in a State freight plan (as described in section 1118 of MAP-21) and if the project demonstrably improves the efficiency of freight movement. [§1116]
Toll projects. A toll project under 23 USC 129 is eligible for a maximum Federal share of 80% (regardless of whether the project would have qualified for a higher Federal share if advanced as a non-toll facility). [§1512; 23 USC 129(a)(6)]
Transfers of funding between FHWA and FTA
Federal-aid highway funds made available for transit projects or transportation planning may be transferred to the Federal Transit Administration (FTA) and administered in accordance with FTA’s requirements (under chapter 53 of title 49). Similarly, Federal transit funding made available for highway projects or transportation planning may be transferred to FHWA and administered in accordance with title 23 requirements. However, in either case, the transferred funds remain subject to the Federal share that applied to their §1105; 23 USC 104(f)]
Federal Share for Selected Programs
Program |
Federal share |
Plus eligible for… |
||||
Sliding scale [2] |
100% for designated safety projects [3] |
Up to 100% |
100% for Workforce development [5] |
100% for ADHS projects [6] |
||
National Highway Performance Program |
80 / 90 [7],[8] | ✓ | ✓ | ✓ | ✓ | ✓ |
Surface Transportation Program |
80 / 90 [7] | ✓ | ✓ | ✓ | ✓ | ✓ |
Highway Safety Improvement Program |
90 [9] | ✓ | ✓ | |||
Railway-Highway Crossings |
90 [10] | |||||
Congestion Mitigation & Air Quality Improvement Program |
80 / 90 [7] | ✓ | ✓ | ✓ | ||
Metropolitan Transportation Planning |
80 [7] | ✓ | ✓ | |||
State Planning and Research |
80 [11] | |||||
Transportation Alternatives Program |
80 / 90 [7] | ✓ | ||||
Recreational Trails Program |
80 [7], [12] | ✓ | ||||
Tribal Transportation Program |
100 [13] | |||||
Federal Lands Transportation Program |
100 [13] | |||||
Federal Lands Access Program |
80 / 90[7],[14] | ✓ | ||||
Puerto Rico Highway Program |
80 / 90 [7] | ✓ | ✓ | |||
Territorial Highway Program |
100 [15] | |||||
Emergency Relief |
80-100 [16] | |||||
Projects of National & Regional Significance |
80 [17] | |||||
Construction of Ferry Boats & Ferry Terminal Facilities |
80 [18] | |||||
Tribal High Priority Projects Program |
100 [19] | |||||
Highway Research & Development Program |
80 [20] | |||||
Technology & Innovation Deployment Program |
80 [20] | |||||
Training & Education |
80 [20], [21] | |||||
Intelligent Transportation Systems Program |
80 [20] |
[1] The Federal share specified in this column may be subject (as specified) to one or more of the provisions referenced in the subsequent columns. In some circumstances the Federal share may also be modified by the provisions described above related to freight projects and projects requiring Federal toll authority.
[2] 90-95% for Interstate projects and 80–85% for other projects. [23 USC 120(a)-(b)]
[3] 23 U.S.C. 120(c)(1), as amended by §1508(1).
[4] 23 U.S.C. 120(c)(3), as amended by §1304.
[5] 23 U.S.C. 504(e), as amended by §52004(4)(A)(i).
[6] §1528(c).
[7] 90% for Interstate System projects (including projects to add high occupancy vehicle lanes or auxiliary lanes but excluding projects to add other lanes) and 80% for all other projects or activities. [23 USC 120(a)-(b)]
[8] Beginning in FY 2016, the NHPP Federal share for a State that has not developed and implemented an asset management plan will be reduced to 65% until it develops and implements its plan. [§1106; 23 USC 119(e)(5)]
[9] 23 U.S.C. 148(j), as amended by §1112.
[10] 23 U.S.C. 130(f)(3).
[11] The Secretary may increase this share (up to 100%) if s/he determines that this would best serve the interests of the Federal-aid highway program. [§52005(2); 23 USC 505(d)]
[12] 23 U.S.C. 206(f) (which cites to 23 USC 120, with some specified exceptions).
[13] 23 U.S.C. 201(b)(7)(A), as amended by §1119.
[14] 23 U.S.C. 201(b)(7)(B), as amended by §1119.
[15] 23 U.S.C. 120(g) (as redesignated by §1508(3)).
[16] Emergency Relief (ER) funds are typically subject to the standard Federal share: 80%, with 90% on Interstates, in both cases subject to the sliding scale. However, this share may be adjusted as follows:
[17] SAFETEA-LU §1301(i).
[18] 23 U.S.C. 147(b).
[19] §1123(h)(2)(B).
[20] Except as expressly provided by MAP-21 or otherwise determined by the Secretary, projects and activities funded under Division E (Research and Education) of MAP-21 are subject to a Federal share of 80%. [§51001(b)]
[21] This share is reduced to 50% for activities carried out by a local technical assistance center and increased to 100% for activities carried out by a tribal technical assistance center. [§52004(2); 23 U.S.C. 504(b)(3)]