FEDERAL-AID POLICY GUIDE
August 31, 1994, Transmittal 11
FEDERAL SHARES ESTABLISHED BY 23 U.S.C.
AND THE ISTEA OF 1991
- Federal Share Payable (23 U.S.C. 120)
- Federal Share Prior to Enactment of the 1991 ISTEA
- Federal Share for Individual Programs
- Indian Reservations and National Parks and Monuments
- FEDERAL SHARE PAYABLE (23 U.S.C. 120)
- The basic Federal share payable for Federal-aid highway projects, established
by 23 U.S.C. 120, is 90 percent for Interstate system projects (including
a project to add high occupancy vehicle lanes and a project to add auxiliary
lanes but excluding a project to add any other lanes); 80 percent for other
added lane projects on the Interstate System, the National Highway System
(NHS), and the Surface Transportation Program (STP); and 100 percent for certain
safety projects, territorial projects, and emergency relief projects (for
eligible emergency repairs to minimize damage, protect facilities, or restore
essential traffic accomplished within 180 days).
- The basic Federal share payable applies to all projects unless otherwise
provided by Title 23 or other legislation.
- The basic Federal share payable under sections 120(a) and 120(b) may
be increased by the sliding scale rates for public lands States, not to exceed 95 percent.
- A State may contribute an amount in excess of the non-Federal share of any project under Title 23.
- FEDERAL SHARE PRIOR TO ENACTMENT OF THE 1991 ISTEA
- For new projects advanced using funds authorized prior to FY 1992, the
Federal share is governed by theprovisions of Title 23 in existence prior
to enactment of the 1991 ISTEA (ISTEA section 1100).
- For NHS, STP, or Bridge funds used to finance overruns on previously
authorized Federal-aid projects, the Federal share shall be that originally
authorized for the project.
- FEDERAL SHARE FOR INDIVIDUAL PROGRAMS
- Attached is a summary of 23 U.S.C. 120, other sections of Title 23 that
contain exceptions to section 120, and Federal share information from the
ISTEA. The exceptions to 23 U.S.C. 120 and the Federal share information from
the ISTEA are not subject to the sliding scale rates for public lands States.
Listed sections of 23 U.S.C. and the ISTEA should be referred to for program specifics.
- Ten percent of the STP apportionments have been set aside to carry out
sections 130, Railway-Highway Crossings; and 152, Hazard Elimination (23 U.S.C.
133 (d)(1)). The Federal share for projects using the set-aside funds may
not exceed 90 percent, unless qualified for the increased Federal share for
safety work in accordance with section 120(c). The Federal share for other
projects, for these programs, will be the same as source funds.
- Categorical funding has been discontinued for several programs such as
sections 131, Outdoor Advertising; 136, Junkyards; 147, Priority Primary;
and 155, Access Highways to Certain Lakes. The Federal share payable for new
projects for these programs, using funds authorized by the ISTEA, will be
the same as source funds.
- The Appalachian Regional Commission provides funds for Appalachian Development
Highways (ISTEA section 1069(y)). The Federal share payable for Appalachian
Development Highway projects is 80 percent.
- INDIAN RESERVATIONS AND NATIONAL PARKS AND MONUMENTS
- Title 23 U.S.C., Section 120(f) provides 100 percent Federal share, for
projects within Indian reservations and national parks and monuments, which
are financed with funds apportioned under Section 104 (Apportion-ment). This
increased Federal share does not apply to Section 144, Highway Bridge Replacement
and Rehabilitation Program (HBRRP).
- The increased Federal share does not apply to all Indian reservation
roads since, by definition, these may include roads that provide access to
Indian reservations. The increased share applies to Indian reservation roads
that lie within the reservation. If a project lies both within and outside
an Indian reservation, only the portion within the reservation may be eligible
for 100 percent Federal share.
- Indian Reservation Road (IRR) funds can be used to match either Section
104 apportioned funds or Section144 (HBRRP) funds that are being used to improve
Indian reservation roads. This authority is provided by Title 23. However,
the one percent HBRRP set-aside funds transferred to the Bureau of Indian
Affairs (BIA) may not be used to match any Federal-aid highway funding sources.
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