1. What is the purpose of this Notice? This Notice transmits the redistribution of certain authorized funds for FY 2021 pursuant to the Department of Transportation Appropriations Act, 2021, title I of division L, Public Law (Pub. L.) 116-260.  The total amount of certain authorized funds provided by this Notice for FY 2021 is $290,022,594.  The distribution of these funds is shown in the attached table.

2. Does this Notice cancel FHWA Notice 4510.849? Yes, this Notice cancels the Federal Highway Administration Notice 4510.849, Redistribution of Certain Authorized Funds for the Period Beginning on October 1, 2020, and Ending on December 11, 2020, dated October 9, 2020. A revised Notice was not issued for the four Continuing Resolutions (CRs) covering the period from December 12, 2020, to December 28, 2020, due to the short duration of the CRs making distributions unfeasible from a programmatic standpoint. This Notice includes the period from December 12, 2020, through the end of FY 2021.

3. What is the background information?

   1. The redistribution of certain authorized funds is determined by section 120(e) of the Department of Transportation Appropriations Act, 2021.

   2. Funds that are authorized to be appropriated for Federal-aid highway programs for FY 2021 under the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. 116-159, that will not be allocated to the States (or will not be apportioned for the Federal Lands Access Program) and will not be available for obligation in FY 2021 due to the imposition of any obligation limitation for such fiscal year shall be distributed to the States. 

   3. The funds authorized for the Tribal Transportation Program are not subject to this provision and authorized amounts for such program that are in excess of the associated obligation limitation are not redistributed to the States. 

   4. The certain authorized funds are distributed to the States in the same proportions as the FY 2021 distribution of formula obligation limitation under section 120(a)(5) of the Department of Transportation Appropriations Act, 2021.

4. What is the availability of these funds?

   1. These funds are available for obligation until September 30, 2024.  Any amounts not obligated by the State on or before that date shall lapse.

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

   3. The Federal share payable shall be in accordance with section 120 of title 23, United States Code (U.S.C.), except as provided by another provision of law.

   4. The funds are available for any purpose described in section 133(b) of title 23, U.S.C.

   5. The program code to be used when obligating these funds is Z03E.

   6. The Catalog of Federal Domestic Assistance number for these funds is 20.205.

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

Attachment

N4510.850 - Attachment

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

FISCAL YEAR 2021 REDISTRIBUTION OF CERTAIN
AUTHORIZED FUNDS UNDER THE DEPARTMENT OF
TRANSPORTATION APPROPRIATIONS ACT, 2021