1. What is the purpose of this Notice? This Notice is to notify the States that $857,000,000 of unobligated balances of Federal-aid highway funds apportioned to States are hereby rescinded as of June 30, 2017, as required by the Department of Transportation Appropriations Act, 2017, title I of division K, Public Law (Pub. L) 115-31.

2. What apportioned funds are being rescinded?

   1. Pursuant to the Department of Transportation Appropriations Act, 2017, an amount of $857,000,000 is rescinded from the unobligated balances of funds apportioned under chapter 1 of title 23, United States Code (U.S.C.).

   2. Pursuant to the Department of Transportation Appropriations Act, 2017, the rescission shall not apply to funds distributed in accordance with:

      1. Section 104(b)(3) of title 23, U.S.C., for the Highway Safety Improvement Program;

      2. Section 130(f) of title 23, U.S.C., for the Railway-Highway Crossings Program;

      3. Section 133(d)(1)(A) of title 23, U.S.C., for the sub-allocation of Surface Transportation Block Grant Program funds by population (Surface Transportation Block Grant Program funds for urbanized areas with a population over 200,000; Surface Transportation Block Grant Program funds for areas with a population greater than 5,000, but equal to or less than 200,000; and Surface Transportation Block Grant Program funds for areas with a population equal to or less than 5,000);

      4. The first sentence of section 133(d)(3)(A) of title 23, U.S.C., for the sub-allocation of Surface Transportation Program funds by population, as in effect on the day before the date of enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, (Surface Transportation Program funds for urbanized areas with a population over 200,000; Surface Transportation Program funds for areas with a population equal to or less than 200,000; and Surface Transportation Program funds for areas with a population less than 5,000);

      5. Section 133(d)(1) of title 23, U.S.C., for the safety set-asides under the Surface Transportation Program, as in effect on the day before the date of enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59;

      6. Section 163 of title 23, U.S.C., for Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons, as in effect on the day before the date of enactment of SAFETEA-LU; and

      7. Section 104(b)(5) of title 23, for the Highway Safety Improvement Program, as in effect on the day before the date of enactment of MAP-21.

   3. Pursuant to the Department of Transportation Appropriations Act, 2017, the rescission shall not apply to funds that are exempt from the obligation limitation or subject to special no-year obligation limitation.

3. How is the rescission amount for each State determined?

   1. The total rescission amount of $857,000,000 is distributed among the States in the proportion that each State’s unobligated balances subject to rescission as of May 31, 2017, bears to the unobligated balance subject to rescission as of May 31, 2017, for all States.

   2. The amount to be rescinded from each State has been determined by multiplying the total amount to be rescinded, $857,000,000, by the ratio calculated in subparagraph (a). Each State’s share of the total amount to be rescinded is reflected in Table 1.

4. How is each State’s rescission amount applied among programs?

   1. Each State’s total rescission amount is distributed among the programs in the proportion that the unobligated balance as of May 31, 2017, for such program in such State, bears to the unobligated balances as of May 31, 2017, for all programs to which the rescission applies in such State.

   2. The amount to be rescinded from each program has been determined by multiplying a State’s total rescission amount calculated under paragraph 3 by the ratio calculated for each program in subparagraph (a). Each State’s share of the total amount to be rescinded by program is reflected in Table 2.

   3. Each State’s rescission amount will be applied within each program in a chronological manner by rescinding funds first from the oldest program codes to the newest program codes. Separate fund sources, such as set-asides or sub-allocations, are treated as separate programs; continued programs are grouped together into combined programs for implementation of the rescission. A listing of the program codes organized by program is reflected in Table 3.

   4. A final table showing the actual amounts rescinded (by program and program code) from each State will be published to the Fixing America’s Surface Transportation (FAST) Act Web site (https://www.fhwa.dot.gov/fastact/funding.cfm) once the Fiscal Management Information System (FMIS) transactions are completed.

5. What actions are required?

   1. Division Administrators should ensure that this Notice is provided to the State departments of transportation.

   2. States should ensure that sufficient amounts of unobligated funds remain available within each program to meet the calculated rescission as shown in Table 2.

Attachments

Table 1
Table 2
Table 3

Related Information

• Amounts rescinded in the Fiscal Management Information System (FMIS) for N4510.814 Rescission of Federal-aid Apportionments.