- Briefing Room
U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
|Advance Notification of Federal-Aid Highway Funds to be Apportioned on October 1, 2016|
|Classification Code||Date||Office of Primary Interest|
|N 4510.806||June 30, 2016||HCFB-10|
What is the purpose of this Notice? This Notice is to notify States, as required by section 104(e) of title 23, United States Code (U.S.C.), of the anticipated amounts of funds to be apportioned under 23 U.S.C. 104, as amended by the Fixing America’s Surface Transportation (FAST) Act, Public Law 114-94, for Fiscal Year (FY) 2017. The anticipated apportionment amounts are subject to change before issuing the certificate of apportionment, which is effective on October 1, 2016. This Notice also provides the procedures for States to opt out of the Recreational Trails Program and the procedures for the Governor of a land border State to designate up to 5 percent of the State’s FY 2017 Surface Transportation Block Grant Program (Any Area) funds for use on border infrastructure projects.
What are the anticipated FY 2017 apportionments? The following table shows the FY 2017 anticipated apportionment amounts effective on October 1, 2016. The table shows the anticipated apportionments of the National Highway Performance Program, Surface Transportation Block Grant Program, Highway Safety Improvement Program, Railway-Highway Crossings Program, Congestion Mitigation and Air Quality Improvement Program, Metropolitan Planning Program, and National Highway Freight Program.
Are certain States subject to potential withholdings or transfers? Penalty information under sections 153, 154, 158, 161, 163, and 164 of title 23, U.S.C., is unavailable at this time. Note that States subject to penalties under 23 U.S.C. 148(g) and 23 U.S.C. 119(f) will be notified directly by the applicable program office.
What are the procedures for opting out of the Recreational Trails Program set-aside?
Section 133(h)(5) of title 23, U.S.C., provides for a set-aside from each State’s Transportation Alternatives funding for the Recreational Trails Program. The amount of the set-aside is equal to each State’s FY 2009 apportionment for the Recreational Trails Program. Each State subject to the set-aside must return 1 percent of the set-aside funds to the Secretary for administration, and these States must also comply with the provisions for the administration of the Recreational Trails Program under section 206 of title 23, U.S.C.
Section 133(h)(6)(A) of title 23, U.S.C., allows a State to opt out of the Recreational Trails Program set-aside. In order to opt out of the set-aside, a State must inform the Federal Highway Administration (FHWA) of its decision to opt out no later than 30 days prior to apportionments being made for a fiscal year. Since apportionments for FY 2017 will be effective on October 1, 2016, a State must make notification of its decision to opt out by September 1, 2016. Any State that desires to opt out of the Recreational Trails Program set-aside for FY 2017 shall notify FHWA via e-mail, with a letter signed by the Governor or the Governor’s designee accompanying the opt out notification, to the FHWA Office of Budget’s official mailbox (BudDiv@dot.gov) no later than September 1, 2016. Note that failure to affirmatively opt out by the deadline will result in the Recreational Trails Program set-aside being applied to a State’s Transportation Alternatives funding.
What are the procedures for the Governor of a land border State to designate up to 5 percent of the State’s FY 2017 Surface Transportation Block Grant Program (Any Area) funds for use on border infrastructure projects?
Pursuant to section 1437(a) of the FAST Act, after consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for a fiscal year not more than 5 percent of the Surface Transportation Block Grant Program (Any Area) funds made available to the State under section 133(d)(1)(B) of title 23, U.S.C., for border infrastructure projects eligible under section 1303 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Act.
For the purposes of this provision, land border States are: Alaska, Arizona, California, Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York, North Dakota, Texas, Vermont, and Washington.
Pursuant to section 1437(c) of the FAST Act, before making a designation, the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, U.S.C.
In order to make a designation, the Governor of a land border State must inform FHWA of the decision to designate funds no later than 30 days prior to apportionments being made for a fiscal year. Since apportionments for FY 2017 will be effective on October 1, 2016, notification of the decision to designate funds must be made by September 1, 2016. Any Governor of a land border State that desires to designate a portion of the State’s FY 2017 funds distributed under section 133(d)(1)(B) of title 23, U.S.C., for use on border infrastructure projects shall notify FHWA via e-mail, with a letter signed by the Governor or the Governor’s designee indicating the designated percentage of funds to be set-aside (up to 5 percent) under this provision, to the FHWA Office of Budget’s official mailbox (BudDiv@dot.gov) no later than September 1, 2016. Note that any designation made for FY 2016 funds will not be carried over for FY 2017 funds; a new designation must be made for FY 2017 funds if the Governor elects to do so.
What action is required?
Division Administrators must ensure that this Notice is provided to State departments of transportation. State departments of transportation should also share this Notice with the State’s Office of the Governor regarding the designation that may be made under section 1437 of the FAST Act.
A State shall notify FHWA no later than September 1, 2016, of any decision to opt out of the Recreational Trails Program set-aside for FY 2017.
The Governor of a land border State shall notify FHWA no later than September 1, 2016, of any decision to designate up to 5 percent of the State’s FY 2017 Surface Transportation Block Grant Program (Any Area) funds for use on border infrastructure projects.
Gregory G. Nadeau
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
ADVANCE NOTICE OF ANTICIPATED FEDERAL-AID HIGHWAY PROGRAM APPORTIONMENTS FOR FY 2017
(before post-apportionment setasides; before penalties; before sequestration)
|Dist. of Col.||92,313,704||46,227,297||8,980,209||1,150,000||10,285,981||1,803,328||4,431,734||165,192,253|