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Notice
Subject
Apportionment of Highway Infrastructure Program Funds Pursuant to the Department of Transportation Appropriations Act, 2020
Classification Code Date Office of Primary Interest
N 4510.842 February 13, 2020 HCFB-10

  1. What is the purpose of this Notice? The Department of Transportation Appropriations Act, 2020, title I of division H, Public Law (Pub. L.) 116-94, appropriated $2,166,140,392 for Highway Infrastructure Programs.  Of such amount, $781,140,392 shall be set aside and apportioned for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code (U.S.C.), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151; $1,150,000,000 shall be set aside for a bridge replacement and rehabilitation program; and $100,000,000 shall be set aside for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Pub. L. 102-240.  This Notice transmits the certificate of apportionment for the Highway Infrastructure Program funds for the above activities.  The apportionment is effective immediately.

    The remainder of the funding shall be set aside pursuant for other activities that are not the subject of this Notice.  This includes $3,500,000 set aside for activities eligible under the Puerto Rico Highway Program as described in 23 U.S.C. 165(b)(2)(C); $1,500,000 set aside for activities eligible under the Territorial Highway Program as described in    23 U.S.C. 165(c)(6); $70,000,000 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; $50,000,000 set aside for competitive grants for activities described in 23 U.S.C. 130(a); $5,000,000 set aside for the Regional Infrastructure Accelerator Demonstration Program authorized under section 1441 of the FAST Act; and $5,000,000 set aside for a National Road Network Pilot Program for the Federal Highway Administration to create a national level, geo-spatial dataset that uses data already collected under the Highway Performance Monitoring System.

  2. What is the availability of these funds?

    1. The funds resulting from this apportionment for (1) activities eligible under 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151, and (2) the bridge replacement and rehabilitation program are available for obligation until September 30, 2023.  Any amounts not obligated by the State on or before September 30, 2023, shall lapse.

    2. The funds resulting from this apportionment for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Pub. L. 102-240 are available for obligation until expended.

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

    4. The Federal share payable for (1) activities eligible under 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151, and (2) the bridge replacement and rehabilitation program 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.

    5. The Federal share payable for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Pub. L. 102-240 shall be up to 100 percent.

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

      Program Code

      Program Description

      CFDA Number

      Z909

      Highway Infrastructure – 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4) activities in any area and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors in any area

      20.205

      Z910

      Highway Infrastructure – 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4) activities in urbanized areas with population over 200,000 and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors in such areas

      20.205

      Z911

      Highway Infrastructure – 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4) activities in areas with a population over 5,000 to 200,000 and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors in such areas

      20.205

      Z912

      Highway Infrastructure – 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4) activities in areas with a population 5,000 and under and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors in such areas

      20.205

      Z913

      Bridge Replacement and Rehabilitation (FY 2020)

      20.205

      Z914

      Appalachian Development Highway System

      20.205

  3. What is the background information for the funds for activities eligible under 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151?

    1. The funds resulting from this apportionment are eligible to be obligated for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, U.S.C.  Eligibilities under sections 133(b)(1) and 133(b)(4) are as follows:

      • (i) Construction of—

        1. 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. ferry boats and terminal facilities eligible for funding under section 129(c) of title 23, U.S.C.;
        3. transit capital projects eligible for assistance under chapter 53 of title 49, U.S.C.;
        4. infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment;
        5. truck parking facilities eligible for funding under section 1401 of the Moving Ahead for Progress in the 21st Century Act; and
        6. border infrastructure projects eligible for funding under section 1303 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.
      • (ii) Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings.

      • (iii) The funds may also be obligated to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151.

    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, 2020.

    3. The funds made available for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, U.S.C., and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151 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); (2) highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings; (3) to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151; and (4) 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 background information for the Bridge Replacement and Rehabilitation Program?

    1. The funds resulting from this apportionment are available to qualifying States for which the percentage of total deck area of bridges classified as in poor condition is at least 5 percent as determined based on the National Bridge Inventory as of December 31, 2018.   

    2. Prior to making an apportionment to qualifying States, $6,000,000 shall be reserved for each State that does not meet the definition of a qualifying State.

    3. No qualifying State shall receive more than $50,000,000 and each State shall receive an amount not less than $6,000,000.

    4. The funds available for distribution to qualifying States have been apportioned in the proportion that the percentage of total deck area of bridges classified as in poor condition in each qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States.

    5. After calculating the distribution of funds pursuant to paragraph 4(d), any amount in excess of $50,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State.

    6. The funds resulting from this apportionment shall be obligated on highway bridge replacement or rehabilitation projects on public roads.

    7. The funds shall be administered as if apportioned under chapter 1 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.

  5. What is the background information for the Appalachian Development Highway System Program?

    1. The funds resulting from this apportionment are available to States that contain one or more counties (including any political subdivision located within the area) in the Appalachian region as defined in section 14102(a) of title 40, U.S.C.

    2. The funds shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report.

    3. The apportionments shall be adjusted so that no Appalachian State is apportioned an amount in excess of 30 percent of the amount made available. 

    4. Adjustments to the apportionments shall be made only after consulting with the Appalachian Regional Commission.

    5. A project carried out with funds for construction of the Appalachian Development Highway System shall be carried out in the same manner as a project under section 14501 of title 40, U.S.C.

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

  6. What is the distribution of funds for activities eligible under 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151?

    1. The Department of Transportation Appropriations Act, 2020, appropriates a total of $781,140,392 in Highway Infrastructure Program funds for activities eligible under 23 U.S.C. 133(b)(1) and 23 U.S.C. 133(b)(4), and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to 23 U.S.C. 151.

    2. The amount of funds available for distribution to the States is $781,140,392.  The attached Table 1 shows the State-by-State distribution of funds.  The attached Table 2 shows the distribution of suballocated funding among urbanized areas with a population of over 200,000 individuals.

  7. What is the distribution of funds for the Bridge Replacement and Rehabilitation Program?

    1. The Department of Transportation Appropriations Act, 2020, appropriates a total of $1,150,000,000 in Highway Infrastructure Program funds for bridge replacement and rehabilitation.

    2. The amount of funds available for distribution to the States is $1,150,000,000.  The attached Table 1 shows the State-by-State distribution of funds.

  8. What is the distribution of funds for the Appalachian Development Highway System Program?

    1. The Department of Transportation Appropriations Act, 2020, appropriates a total of $100,000,000 in Highway Infrastructure Program funds for the Appalachian Development Highway System.

    2. The amount of funds available for distribution to the States is $100,000,000.  The attached Table 1 shows the State-by-State distribution of funds.

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

 

Signature of Nicole R. Nason

Nicole R. Nason
Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $2,031,140,392 APPROPRIATED
FOR THE HIGHWAY INFRASTRUCTURE PROGRAMS  

TO—

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

Pursuant to the Department of Transportation Appropriations Act, 2020, title I of division H, Pub. L. 116-94, and the delegation of authority from the Secretary of Transportation to the 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, 2020, title I of division H, Pub. L. 116-94, the amount appropriated for the Highway Infrastructure Program for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, for the fiscal year ending September 30, 2020, is $781,140,392.

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 sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, and further computed the suballocations distribution within each State and the District of Columbia in the manner provided by law.

Third, that pursuant to the Department of Transportation Appropriations Act, 2020, title I of division H, Pub. L. 116-94, the amount appropriated for the Highway Infrastructure Program for bridge replacement and rehabilitation for the fiscal year ending September 30, 2020, is $1,150,000,000.

Fourth, that I have computed the apportionment to each State and the District of Columbia of the amounts appropriated for the Highway Infrastructure Program for bridge replacement and rehabilitation in the manner provided by law.

Fifth, that pursuant to the Department of Transportation Appropriations Act, 2020, title I of division H, Pub. L. 116-94, the amount appropriated for the Highway Infrastructure Program for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240 for the fiscal year ending September 30, 2020, is $100,000,000.

Sixth, that I have computed the apportionment to each Appalachian State of the amounts appropriated for the Highway Infrastructure Program for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240 in the manner provided by law.

Seventh, 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 February 13, 2020
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000