Notice
Subject
APPORTIONMENT OF HIGHWAY INFRASTRUCTURE PROGRAM FUNDS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021
Classification Code N 4510.851	Date January 15, 2021	Office of Primary Interest HCFB-10

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• February 24, 2021 Guidance Memorandum: Highway Infrastructure Programs - Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (HIP-CRRSAA) Implementation Guidance (PDF, 554 KB)

1. What is the purpose of this Notice?

   1. The Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA), title IV of division M, Public Law (Pub. L.) 116-260, appropriated an additional $10,000,000,000 for Highway Infrastructure Programs (HIP).  Of such amount, $9,840,057,332 shall be set aside and apportioned for activities eligible under section 133(b) of title 23, United States Code (U.S.C.) (and such other purposes as specified in the CRRSAA). This Notice transmits the certificate of apportionment for the HIP funds for activities eligible under 23 U.S.C. 133(b) (and for the other purposes specified).  The apportionment is effective immediately.

   2. The remainder of the funding shall be set aside for other activities that are not the subject of this Notice. This includes $114,568,862 set aside for activities eligible under the Tribal Transportation Program (TTP) as described in 23 U.S.C. 202; $35,845,307 set aside for activities eligible under the Puerto Rico Highway Program as described in 23 U.S.C. 165(b)(2)(C)(iii); and $9,528,499 set aside for activities eligible under the Territorial Highway Program as described in 23 U.S.C. 165(c)(6).

2. What amounts are available for distribution?

   1. The Administrator of the Federal Highway Administration (FHWA) may retain up to $10,000,000 of the total funds made available for HIPs under the CRRSAA to fund the oversight of activities carried out with these appropriated supplemental funds. 

   2. The FHWA has proportionally applied a $10,000,000 administrative takedown to the total funds available for HIPs under the CRRSAA.  Any funds that are retained by FHWA, but determined at a future date to be unnecessary for oversight activities, will be distributed accordingly among the applicable HIPs.

   3. The applied administrative takedowns are as follows:  $9,840,057 from funds made available for activities eligible under section 133(b) of title 23, U.S.C.; $114,569 from funds made available for activities eligible under the TTP as described in 23 U.S.C. 202; $35,845 from funds made available for activities eligible under the Puerto Rico Highway Program as described in 23 U.S.C. 165(b)(2)(C)(iii); and $9,529 from funds made available for activities eligible under the Territorial Highway Program as described in 23 U.S.C. 165(c)(6).

   4. Therefore, the amount of funds available for distribution to the States under this Notice is $9,830,217,275 after the application of an administrative takedown of $9,840,057.

3. What is the availability of these funds?

   1. The funds resulting from this apportionment are available for obligation until September 30, 2024.  Any amounts not obligated by the State on or before September 30, 2024, 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 up to 100 percent at the option of the State.

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

      Program Code	Program Description	CFDA Number
      Z970 (Parent)	Highway Infrastructure – COVID Supplemental – 23 U.S.C. 133(b) activities in any area of the State	20.205
      Z971 (Child)	Highway Infrastructure – COVID Special Authority – special eligibilities in any area of the State	20.205
      Z972 (Parent)	Highway Infrastructure – COVID Supplemental – 23 U.S.C. 133(b) activities in urbanized areas with a population over 200,000	20.205
      Z973 (Child)	Highway Infrastructure – COVID Special Authority – special eligibilities in urbanized areas with a population over 200,000	20.205

4. What is the background information?

   1. The funds resulting from this apportionment are eligible to be obligated as follows:

      • (i) Activities eligible under section 133(b) of title 23, U.S.C. (program codes Z970 and Z972);

      • (ii) Costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses (program codes Z971 and Z973).

   2. A State may transfer funds to State, multi-State, international, or local public tolling agencies that own or operate a tolled facility that is a public road, bridge, or tunnel, or a ferry system that provides a public transportation benefit, and that was in operation within their State in fiscal year (FY) 2020 for costs related to operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses of a tolled facility or ferry system.

      • (i) For funds transferred to a tolled facility or ferry system pursuant to subparagraph 4(b), the limitations on the use of revenues in subsections (a)(3) and (c)(4) of 23 U.S.C. 129 shall not apply with respect to the tolled facility or ferry system for which such funds are transferred, notwithstanding the previous receipt of Federal funds for such tolled facility or ferry system.

   3. 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, 2021.

   4. The funds shall be suballocated to urbanized areas with a population over 200,000 as described in 23 U.S.C. 133(d)(1)(A)(i) in the ratio that the funds suballocated to such area in FY 2021 bears to the combined amount of funds apportioned to the State under 23 U.S.C. 104(b)(2) for FY 2020 and FY 2021.  

   5. Except as otherwise provided, the funds shall be administered as if apportioned under chapter 1 of title 23, U.S.C. and shall be subject to applicable requirements under title 23, U.S.C.

   6. Pursuant to section 133(c) of title 23, U.S.C., projects for activities eligible under 23 U.S.C. 133(b) 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) for a project described in paragraphs (4) through (11) of 23 U.S.C. 133(b); (3) for a project described in 23 U.S.C. 101(a)(29), as in effect on the day before the date of enactment of the Fixing America's Surface Transportation (FAST) Act; 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.

      • (i) Such requirement does not apply to funds that will be used for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses (program codes Z971 and Z973).

   7. Pursuant to section 133(d)(5) of title 23, U.S.C., programming and expenditure of funds for projects for activities eligible under 23 U.S.C. 133(b) shall be consistent with sections 134 and 135 of title 23, U.S.C.

      • (i) 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) (program codes Z970 and Z972). 

      • (ii) Funds used for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses (program codes Z971 and Z973) are not required to be included in a Metropolitan Transportation Plan, a Long-Range Statewide Transportation Plan, a Transportation Improvement Program or a Statewide Transportation Improvement Program under 23 U.S.C. 134 or 135 or chapter 53 of title 49, U.S.C., as applicable.

   8. Projects for activities eligible under 23 U.S.C. 133(b) shall be subject to the requirements of 23 U.S.C. 133(i).

      • (i) The requirements of 23 U.S.C. 133(i) do not apply to funds that will be used for costs related to preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses (program codes Z971 and Z973) if such activity is not eligible under 23 U.S.C. 133(b).

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

5. What is the distribution of funds?

   1. The CRRSAA appropriates a total of $9,840,057,332 in HIP funds for activities eligible under 23 U.S.C. 133(b).

   2. The amount of funds available for distribution to the States is $9,830,217,275 after the application of an administrative takedown of $9,840,057.  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.

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

Mala Krishnamoorti Parker Acting Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $9,840,057,332 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 Coronavirus Response and Relief Supplemental Appropriations Act, 2021, title IV of division M, Pub. L. 116-260, 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 Coronavirus Response and Relief Supplemental Appropriations Act, 2021, title IV of division M, Pub. L. 116-260, the amount appropriated for the HIP for activities eligible under section 133(b) of title 23, United States Code (U.S.C.), (and such other purposes as specified in the CRRSAA) for the fiscal year ending September 30, 2021, is $9,840,057,332.

Second, that pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, title IV of division M, Pub. L. 116-260, of the amount appropriated for the HIP for activities eligible under section 133(b) of title 23, U.S.C, (and such other purposes as specified in the CRRSAA) the Federal Highway Administration will retain $9,840,057 to fund the oversight of activities carried out with such appropriated supplemental funds.

Third, that after the application of the administrative takedown, the amount of funds available for distribution to the States and the District of Columbia is $9,830,217,275.

Fourth, that I have computed the apportionment to each State and the District of Columbia of the amounts appropriated for the HIP pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, for activities eligible under section 133(b) of title 23, U.S.C., (and such other purposes as specified in the CRRSAA) and further computed the suballocations distribution within each State and the District of Columbia in the manner provided by law.

Fifth, 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