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Home / Resources / Legislation, Regulations and Guidance / Directives and Memorandum / Notices / N 4510.826

Notice
Subject
Apportionment Of Highway Infrastructure Program Funds Pursuant to the Department of Transportation Appropriations Act, 2018
Classification Code Date Office of Primary Interest
N 4510.826 April 25, 2018 HCFB-10

  1. What is the purpose of this Notice? The Department of Transportation Appropriations Act, 2018, title I of division L, Public Law (Pub. L.) 115-141, appropriated $2,525,000,000 for Highway Infrastructure Programs.  Of such amount, $1,980,000,000 shall be set aside and apportioned for activities eligible under section 133(b)(1)(A) of title 23, United States Code (U.S.C).

    The remainder of the $2,525,000,000 appropriated shall be set aside pursuant to the Act for other activities that are not the subject of this Notice.  This includes $15,800,000 set aside for activities eligible under the Puerto Rico Highway Program as described in 23 U.S.C. 165(b)(2)(C); $4,200,000 set aside for activities eligible under the Territorial Highway Program as described in 23 U.S.C. 165(c)(6); $300,000,000 set aside for the Nationally Significant Federal Lands and Tribal Projects program under section 1123 of the Fixing America’s Surface Transportation (FAST) Act, Pub. L. 114-94; and $225,000,000 set aside for a competitive highway bridge program.   

    This Notice transmits the certificate of apportionment for the Highway Infrastructure Program funds appropriated in fiscal year (FY) 2018 for activities eligible under 23 U.S.C. 133(b)(1)(A) pursuant to the Department of Transportation Appropriations Act, 2018.  The apportionment is effective immediately.
  2. What is the availability of these funds?

    1. The funds resulting from this apportionment are available for obligation until September 30, 2021.  Any amounts not obligated by the State on or before September 30, 2021, shall lapse.

    2. The funds resulting from this apportionment are available for obligation immediately and are not subject to any limitation on obligations.

    3. The Federal share payable shall be in accordance with section 120 of
      title 23, U.S.C., except as provided by another provision of law.  However, the application of the increased Federal share under 23 U.S.C. 120(c)(1) to funds from this apportionment is not subject to the cap on such uses that applies to funds apportioned under 23 U.S.C. 104.

    4. The program codes to be used when obligating these funds are as follows:

      Program Code

      Program Description

      Z004

      Highway Infrastructure – 23 U.S.C. 133(b)(1)(A) activities in any area

      Z005

      Highway Infrastructure – 23 U.S.C. 133(b)(1)(A) activities in urbanized areas with population over 200,000

      Z006

      Highway Infrastructure – 23 U.S.C. 133(b)(1)(A) activities in areas with a population over 5,000 to 200,000

      Z007

      Highway Infrastructure – 23 U.S.C. 133(b)(1)(A) activities in areas with a population 5,000 and under

  3. What is the background information?

    1. The funds resulting from this apportionment are eligible to be obligated for activities eligible under section 133(b)(1)(A) of title 23, U.S.C.  Eligibilities under section 133(b)(1)(A) are as follows:  construction of highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40, U.S.C.

    2. The funds available for distribution to the States have been apportioned to the States in the same ratio as the distribution of obligation authority under section 120(a)(5) of the Department of Transportation Appropriations Act, 2018.

    3. The funds made available for activities eligible under section 133(b)(1)(A) of title 23, U.S.C., shall be suballocated by population in the manner described in section 133(d) of such title, except that the Transportation Alternatives set-aside described in section 133(h) of such title shall not apply.

    4. The funds shall be administered as if apportioned under chapter 1 of title 23, U.S.C.

    5. Pursuant to section 133(c) of title 23, U.S.C., projects may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991, except; (1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location); and (2) as approved by the Secretary.  Further, 23 U.S.C. 133(g)(1) allowing a portion of Surface Transportation Block Grant funds to be obligated on roads functionally classified as minor collectors does not apply to these funds.

    6. Pursuant to section 133(d)(5) of title 23, U.S.C., programming and expenditure of funds for projects shall be consistent with sections 134 and 135 of title 23, U.S.C.  Projects must be identified in the Statewide Transportation Improvement Program/Transportation Improvement Program and be consistent with the Long-Range Statewide Transportation Plan and the Metropolitan Transportation Plan(s). 

    7. States must coordinate with relevant metropolitan planning organizations or rural planning organizations as required under section 133(d)(3) of title 23, U.S.C.

    8. Section 1101(b) of the FAST Act, which deals with amounts for disadvantaged business enterprises, shall apply to funds resulting from this apportionment.

  4. What is the distribution of funds?

    1. The Department of Transportation Appropriations Act, 2018, appropriates a total of $1,980,000,000 in Highway Infrastructure Program funds for activities eligible under 23 U.S.C. 133(b)(1)(A).

    2. The amount of funds available for distribution to the States is $1,980,000,000.  The attached tables show the State-by-State distribution of funds.

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

 

Signature: Brandye L. Hendrickson, Acting Administrator

Brandye L. Hendrickson
Acting Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,980,000,000 APPROPRIATED
FOR THE HIGHWAY INFRASTRUCTURE PROGRAM FOR ACTIVITIES ELIGIBLE
UNDER SECTION 133(b)(1)(A) OF TITLE 23, UNITED STATES CODE

TO—

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

Pursuant to the Department of Transportation Appropriations Act, 2018, title I of division L, Pub. L. 115-141, and the delegation of authority from the Secretary of Transportation to the Acting Federal Highway Administrator, Section 1.85 of title 49, Code of Federal Regulations, I certify—

First, that pursuant to the Department of Transportation Appropriations Act, 2018, title I of division L, Pub. L. 115-141, the amount appropriated for the Highway Infrastructure Program for activities eligible under section 133(b)(1)(A) of title 23, United States Code (U.S.C.), for the fiscal year ending September 30, 2018, is $1,980,000,000.

Second, that I have computed the apportionment to each State and the District of Columbia of the amounts appropriated for the Highway Infrastructure Program for activities eligible under section 133(b)(1)(A) of title 23, U.S.C., and further computed the suballocations distribution within each State and the District of Columbia in the manner provided by law.

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

Table 1
Table 2


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Page posted on April 25, 2018.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000