1. What is the purpose of this Notice? This Notice transmits the revised distribution of certain authorized funds pursuant to the Department of Defense Appropriations Act, 2006 Public Law (Pub. L. No.) 109-148 and section 110(e) of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115. The distribution of these funds is shown on the attached table.

2. Does this Notice cancel FHWA notice 4510.576? Yes, this Notice cancels FHWA Notice 4510.587, Distribution of Certain Authorized Funds for Fiscal Year (FY) 2006 Pursuant to Section 110(e) of Public Law 109-115, 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 of the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148.

3. What is the background information? Funds that are authorized to be appropriated for FY 2006 for Federal-aid highway programs that will not be allocated to the States and will not be available for obligation in FY 2006 due to the imposition of any obligation limitation for such fiscal year, shall be distributed to the States. Such funds shall be distributed to the States in the same ratio as the distribution of obligation authority under section 110(e)(2) of Pub. L. No 109-115.

4. What is the availability of these funds?

   1. These funds are available for obligation until September 30, 2009. Any amounts not obligated by the State on or before that date shall lapse.

   2. The funds resulting from this distribution are subject to obligation controls in force at the time of obligation. No new obligation authority is distributed with these funds.

   3. The participating rate will be in accordance with section 120 of title 23, United States Code.

   4. The funds shall be available for any purpose described in section 133(b) of title 23, United States Code. The appropriation code is L030.

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

Attachment
Table 1

J. Richard Capka Acting Administrator