This directive was canceled June 10, 2005

U.S. Department of Transportation Federal Highway Administration	Notice Subject Revised Fiscal Year (FY) 2005 Metropolitan Planning Funds Pursuant To The Surface Transportation Extension Act of 2004, Part V
	Classification Code	Date	Office of Primary Interest
	N4510.539	January 25, 2005	HABF-10

1. What is the purpose of this Notice? This Notice transmits the revised certificate of Metropolitan Planning funds authorized for FY 2005 by the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), Public Law (P.L.) 108-310. The apportionment is effective immediately.

2. Does this Notice cancel FHWA Notice 4510.536? Yes, this Notice cancels FHWA Notice 4510.536, Apportionment of the Fiscal Year (FY) 2005 Metropolitan Planning Funds, dated October 28, 2004. The revisions to the apportionment are required due to the enactment of the Consolidated Appropriations Act, 2005, P.L. 108-447, which contained a .8 percent across-the-board rescission in Division J, title I, section 122.

3. What is the background information?

   1. Pursuant to section 5(c)(3) of the STEA04, Part V, the Metropolitan Planning funds shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

   2. The funds are available for obligation immediately and are subject to obligation controls in section 2(e)(3) of the STEA04, Part V, which provides that a State shall not obligate any funds for any Federal-aid highway program project after May 31, 2005, until enactment of a multi-year law reauthorizing the Federal-aid highway program, as well as obligation controls imposed by Division H of the Consolidated Appropriations Act, 2005, P.L. 108-447, the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005.

   3. The Program code to be used when obligating these funds is H45.

4. What action is required? Division Administrators should ensure that this Notice is provided to State departments of transportation.

	Mary E. Peters Administrator

Table 1

CERTIFICATE OF APPORTIONMENT OF THE SUM OF $145,000,000 AUTHORIZED TO BE MADE AVAILABLE FROM THE HIGHWAY TRUST FUND TO CARRY OUT SECTION 134 OF TITLE 23, UNITED STATES CODE, PURSUANT TO THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, Part V

TO-

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in section 1.48 of title 49, Code of Federal Regulations, I certify-

First, that the Secretary of the Treasury has made the estimate required by section 9503(d) of the Internal Revenue Code of 1986 and based on that estimate, I have determined that the amount which can be apportioned from the Highway Trust Fund to carry out section 5(c) of the STEA04, Part V, is $145,000,000, which is 100 percent of the amount authorized to be made available from the Highway Trust Fund in compliance with section 5(c) of the STEA04, Part V.

Second, that pursuant to section 5(c)(3) of the STEA04, Part V, these funds are available for obligation as if they had been apportioned under chapter 1 of title 23, United States Code.

Third, that pursuant to Division J, title I, section 122, of the Consolidated Appropriations Act, 2005, P.L. 108-447, I have determined that it will be necessary to deduct .8 percent from the sum of $145,000,000 authorized to be appropriated by section 5(c) of the STEA04, Part V. The resulting amount authorized to be appropriated is $143,840,000.

Fourth, the amounts apportioned are subject to obligation controls contained in section 2(e)(3) of the STEA04, Part V, which provides that a State may not obligate any funds for any Federal-aid highway program project after May 31, 2005, until enactment of the multi-year law reauthorizing the Federal-aid highway program.

Fifth, that I have computed the apportionment for Metropolitan Planning funds for the purpose of carrying out section 134 of title 23, United States Code, among the States and the District of Columbia in the manner provided by law in accordance with the formula in section 104(f)(2) of title 23, United States Code.

Sixth, that the sums that are hereby apportioned to each State and the District of Columbia, effectively immediately, are respectively as follows:

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS FOR METROPOLITAN PLANNING PURSUANT TO THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART V, (P.L. 108-310) AS AMENDED BY THE CONSOLIDATED APPROPRIATIONS ACT, 2005, (P.L. 108-447) FOR FISCAL YEAR 2005