1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Congestion Mitigation and Air Quality Improvement Program funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law (Pub. L. No.) 109-59, the Department of Defense Appropriation Act, 2006, Pub. L. No. 109-148 and the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115. The apportionment is effective immediately.

2. Does this Notice cancel FHWA notice 4510.583?Yes, this Notice cancels FHWA Notice 4510.583, Revised Apportionment of Fiscal Year (FY) 2006 Congestion Mitigation and Air Quality Improvement Program Funds, dated December 28, 2005. The revisions to the apportionment are required pursuant to a 1 percent across-the-board rescission contained in Division B, chapter 8, section 3801 the Department of Defense Appropriation Act, 2006, Pub. L. No. 109-148 and a takedown of up to 2.75 percent contained in Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115.

3. What is the availability of funds?

   1. The Congestion Mitigation and Air Quality Improvement Program funds resulting from this apportionment are available for obligation until September 30, 2009. Any amounts not obligated by the State on or before September 30, 2009, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

   3. The Federal share will be in accordance with section 120 of title 23, United States Code (U.S.C.).

   4. The program code to be used when obligating these funds is L400.

4. What is the background information?

   1. Section 1101(a)(5) of the SAFETEA-LU authorizes a total of $1,694,101,866 in contract authority for the Congestion Mitigation and Air Quality Improvement Program for FY 2006.

   2. Division B, chapter 8, section 3801 of Pub. L. No. 109-148, requires a 1 percent across-the-board rescission. This provision reduces the amount apportioned for the Congestion Mitigation and Air Quality Improvement Program. The amount reduced is $16,941,019.

   3. Division A, title I, section 112 of Pub. L. No. 109-115 applies a takedown up to 2.75 percent of the amount apportioned for the Congestion Mitigation and Air Quality Improvement Program. This provision reduces the amount apportioned for the program by 2.35054493359 percent. The amount deducted is $39,422,420.

   4. Section 104(f) of title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the Congestion Mitigation and Air Quality Improvement Program. This provision reduces the amount apportioned by $20,964,511.

   5. The total contract authority for distribution in FY 2006 net of the reductions is $1,616,773,916.

5. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

J. Richard Capka Acting Administrator

Attachment

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,694,101,866 AUTHORIZED TO BE APPROPRIATED
FOR THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006

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 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting Federal Highway Administrator, 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 that can be apportioned for the Congestion Mitigation and Air Quality Improvement Program for the fiscal year ending September 30, 2006, pursuant to section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $1,694,101,866, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, that pursuant to Division B, chapter 8, section 3801, of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct 1 percent from the sum of $1,694,101,866 authorized to be appropriated for fiscal year ending September 30, 2006, for the Congestion Mitigation and Air Quality Improvement Program. The resulting amount authorized to be apportioned is $1,677,160,847.

Third, pursuant to Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006 and pursuant to Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct up to 2.75 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2006, for the Congestion Mitigation and Air Quality Improvement Program, I have deducted 2.35054493359 percent from the sum of $1,677,160,847 authorized to be appropriated for the fiscal year ending September 30, 2006. The amount deducted is $39,422,420.

Fourth, pursuant to section 104(f) of title 23, United States Code and pursuant to the Division B, chapter 8, section 3801 of the Department of Defense Appropriation Act, 2006, I have deducted 1.25 percent from the sum of $1,677,160,847 authorized to be appropriated for the fiscal year ending September 30, 2006, by section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 134 of title 23, United States Code. The amount deducted is $20,964,511. The resulting amount is $1,616,773,916.

Fifth, that after making the deductions, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Congestion Mitigation and Air Quality Improvement Program in the manner provided by law in accordance with the formula set forth.

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

Table 1