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Notice
Subject
SEQUESTRATION OF HIGHWAY FUNDS FOR FISCAL YEAR (FY) 2023
Classification Code
N 4510.871
Date
October 3, 2022
Office of Primary Interest
HCFB-10

  1. What is the purpose of this Notice? This Notice is to notify the States of the portion of National Highway Performance Program (NHPP) and emergency relief funds impacted by the sequestration order issued on March 28, 2022.

  2. What is the basis of the sequestration of these funds?

    1. The sequestration of funds is required pursuant to sections 251A and 256(k) of the Balanced Budget and Emergency Deficit Control Act (BBEDCA), as amended, and sections 901a and 906(k)(6) of Title 2, United States Code (U.S.C.). The order, which the President issued in accordance with the BBEDCA, requires that budgetary resources in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget (OMB) in its report to Congress on March 28, 2022, entitled OMB Report to the Congress on the BBEDCA 251A Sequestration for Fiscal Year 2023 (sequestration report).

    2. The NHPP funds are authorized for Fiscal Year (FY) 2023 pursuant to the Infrastructure Investment and Jobs Act. Pursuant to the sequestration report, those NHPP funds that are exempt from the obligation limitation are subject to the sequestration at a rate of 5.7 percent. Therefore, the $639,000,000 in NHPP funds exempt from obligation limitation available for FY 2023 is reduced by a total of $36,423,000, resulting in a post-sequestration amount of $602,577,000.

  3. How is the amount of NHPP funds sequestered for each State determined? The total sequester amount of $36,423,000 is distributed among the States in the same proportions as the funds subject to sequester were apportioned to the States for FY 2023. Each State's portion of the total amount to be sequestered is shown in the attached table.

  4. What other highway funds are subject to the sequestration? Pursuant to the sequestration report, the $100,000,000 in emergency relief funds authorized from the Highway Trust Fund in 23 U.S.C. 125 is subject to the sequestration at a rate of 5.7 percent ($5,700,000 sequester amount).

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

 

Signature of Stephanie Pollack

Stephanie Pollack
Acting Administrator


Attachment

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

FY 2023 SEQUESTRATION OF NATIONAL HIGHWAY PERFORMANCE PROGRAM (NHPP) FUNDS
EXEMPT FROM OBLIGATION LIMITATION PURSUANT TO THE BALANCED BUDGET
AND EMERGENCY DEFICIT CONTROL ACT, AS AMENDED, 2 U.S.C. 901a, AND 2 U.S.C. 906(k)(6)

State Pre-Sequestration
NHPP Exempt Funds
Sequestered
NHPP Exempt Funds
Post-Sequestration
NHPP Exempt Funds
ALABAMA 12,774,417 728,142 12,046,275
ALASKA 8,149,597 464,527 7,685,070
ARIZONA 11,677,763 665,632 11,012,131
ARKANSAS 8,658,735 493,548 8,165,187
CALIFORNIA 55,270,046 3,150,393 52,119,653
COLORADO 8,558,195 487,817 8,070,378
CONNECTICUT 7,881,135 449,225 7,431,910
DELAWARE 2,697,170 153,739 2,543,431
DIST. OF COL. 2,555,450 145,661 2,409,789
FLORIDA 31,888,973 1,817,671 30,071,302
GEORGIA 20,994,509 1,196,687 19,797,822
HAWAII 2,716,171 154,822 2,561,349
IDAHO 4,684,758 267,031 4,417,727
ILLINOIS 22,457,885 1,280,099 21,177,786
INDIANA 15,545,541 886,096 14,659,445
IOWA 8,218,680 468,465 7,750,215
KANSAS 6,300,154 359,109 5,941,045
KENTUCKY 11,136,584 634,785 10,501,799
LOUISIANA 11,779,165 671,412 11,107,753
MAINE 2,980,192 169,871 2,810,321
MARYLAND 9,393,675 535,439 8,858,236
MASSACHUSETTS 9,326,801 531,628 8,795,173
MICHIGAN 16,779,971 956,458 15,823,513
MINNESOTA 10,621,458 605,423 10,016,035
MISSISSIPPI 8,090,918 461,182 7,629,736
MISSOURI 15,781,098 899,523 14,881,575
MONTANA 6,779,960 386,458 6,393,502
NEBRASKA 4,772,345 272,024 4,500,321
NEVADA 5,690,281 324,346 5,365,935
NEW HAMPSHIRE 2,652,278 151,180 2,501,098
NEW JERSEY 15,376,203 876,444 14,499,759
NEW MEXICO 6,095,921 347,467 5,748,454
NEW YORK 25,660,228 1,462,633 24,197,595
NORTH CAROLINA 17,018,556 970,058 16,048,498
NORTH DAKOTA 4,070,297 232,007 3,838,290
OHIO 21,368,404 1,217,999 20,150,405
OKLAHOMA 10,646,287 606,838 10,039,449
OREGON 8,216,150 468,320 7,747,830
PENNSYLVANIA 26,361,001 1,502,577 24,858,424
RHODE ISLAND 3,562,070 203,038 3,359,032
SOUTH CAROLINA 11,223,435 639,736 10,583,699
SOUTH DAKOTA 4,621,397 263,420 4,357,977
TENNESSEE 13,852,194 789,575 13,062,619
TEXAS 63,828,072 3,638,200 60,189,872
UTAH 5,703,276 325,087 5,378,189
VERMONT 3,267,787 186,264 3,081,523
VIRGINIA 16,501,150 940,565 15,560,585
WASHINGTON 10,947,351 623,999 10,323,352
WEST VIRGINIA 7,247,416 413,103 6,834,313
WISCONSIN 12,409,863 707,362 11,702,501
WYOMING 4,209,037 239,915 3,969,122
Total 639,000,000 36,423,000 602,577,000

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Page posted on October 3, 2022
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000