- Briefing Room
U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
|APPORTIONMENT OF FISCAL YEAR (FY) 2023
INFRASTRUCTURE PROGRAM FUNDS FOR THE BRIDGE FORMULA PROGRAM
PURSUANT TO THE INFRASTRUCTURE INVESTMENT AND JOBS ACT
October 6, 2022
|Office of Primary Interest
What is the purpose of this Notice? Title VIII of division J of the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law), Public Law (Pub. L.) 117-58, appropriated $9,454,400,000 from the General Fund for Highway Infrastructure Programs (HIP) for Fiscal Year (FY) 2023. Of such amount, $5,500,000,000 shall be set aside for a bridge replacement, rehabilitation, preservation, protection, and construction program (hereafter, Bridge Formula Program (BFP)). This Notice transmits the certificate of apportionment for the BFP. The apportionment is effective immediately.
The remainder of the funding shall be set aside for other activities that are not the subject of this Notice. This includes $1,000,000,000 set aside for the National Electric Vehicle Infrastructure Formula Program; $250,000,000 set aside for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Pub. L. 102-240; $640,000,000 set aside for the Nationally Significant Freight and Highway Projects Program under section 117 of Title 23, United States Code (U.S.C.); $1,847,000,000 set aside for the Bridge Investment Program under section 124 of Title 23, U.S.C.; $30,000,000 set aside for the Reduction of Truck Emissions at Port Facilities Program under section 11402 of division A of the Bipartisan Infrastructure Law; $19,000,000 set aside for the University Transportation Centers Program under section 5505 of Title 49, U.S.C.; $100,000,000 set aside for the Reconnecting Communities Pilot Program under section 11509 of division A of the Bipartisan Infrastructure Law; and $68,400,000 set aside for the Construction of Ferry Boats and Ferry Terminal Facilities Program under section 147 of Title 23, U.S.C.
The Bipartisan Infrastructure Law authorizes the Federal Highway Administration (FHWA) to retain, for operations and administration of the FHWA, up to 0.5 percent of the amounts appropriated for the BFP.
The applied administrative takedown from funds appropriated for the BFP is $27,500,000.
In addition, the FHWA shall set aside 3 percent ($165,000,000) from funds appropriated for the BFP, to carry out section 202(d) of Title 23, U.S.C. (Tribal Transportation Facility Bridges).
Therefore, the amount of funds available for distribution to the States under this Notice is $5,307,500,000 after the application of an administrative takedown of $27,500,000 and a set-aside of $165,000,000.
What is the availability of these funds?
The funds resulting from this apportionment for the BFP are available for obligation until September 30, 2026. Any amounts not obligated by a State, as defined in 23 U.S.C. 101, on or before September 30, 2026, shall lapse.
The funds resulting from this apportionment are available for obligation immediately and are not subject to any limitation on obligations.
The program codes to be used when obligating these funds for FY 2023 are as follows:
|Program Code||Program Description||CFDA Number|
|Y113||Bridge Formula Program – Main Code||20.205|
|Y123||Bridge Formula Program – Off-System Bridges Set-aside||20.205|
What is the background information for the Bridge Formula Program?
The funds resulting from this apportionment are eligible to be obligated on highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads. Such projects shall be treated as projects on a Federal-aid highway.
After reserving the applicable administrative takedown and set-aside described in paragraph (2), the funds available for distribution to the States, as defined in 23 U.S.C. 101, have been apportioned to the States as follows:
(i) Seventy-five percent by the proportion that the total cost of replacing all bridges classified in poor condition in such State bears to the sum of the total cost to replace all bridges classified in poor condition in all States; and
(ii) Twenty-five percent by the proportion that the total cost of rehabilitating all bridges classified in fair condition in such State bears to the sum of the total cost to rehabilitate all bridges classified in fair condition in all States.
The amounts shall be adjusted such that each State receives at least $45,000,000.
After making the distribution in subparagraph (b) and any necessary adjustments in subparagraph (c), 15 percent shall be set aside for each State for use on off-system bridges1 for the same purposes described in subparagraph (a).
Except as otherwise provided, the funds shall be administered as if apportioned under chapter 1 of Title 23, U.S.C.
The Federal share payable for the BFP (except for off-system bridges as described below) shall be determined in accordance with section 120 of Title 23, U.S.C. 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.
(i) The Federal share for costs reimbursed with funds under the BFP for an off-system highway bridge owned by a county, town, township, city, municipality or other local agency, or federally-recognized Tribe shall be 100 percent.
The funds are not transferable under section 126 of title 23, U.S.C.
What is the distribution of funds for the Bridge Formula Program?
The Bipartisan Infrastructure Law appropriates a total of $5,500,000,000 in HIP funds for bridge replacement, rehabilitation, preservation, protection, and construction.
The amount of funds available for distribution to the States is $5,307,500,000 after the application of an administrative takedown of $27,500,000 and a set-aside of $165,000,000 to carry out section 202(d) of Title 23, U.S.C. (Tribal Transportation Facility Bridges). The attached Table 1 shows the State-by-State distribution of funds.
What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.
1 The term "off-system bridge" means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.
CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,307,500,000 APPROPRIATED
FOR THE HIGHWAY INFRASTRUCTURE PROGRAM BRIDGE REPLACEMENT,
REHABILITATION, PRESERVATION, PROTECTION, AND CONSTRUCTION PROGRAM
The Secretary of the Treasury of the United States and the State departments of transportation:
Pursuant to the Infrastructure Investment and Jobs Act, Title VIII of division J, Public Law 117-58, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administration (FHWA) Acting Administrator, section 1.85 of title 49, Code of Federal Regulations, I certify—
First, that pursuant to the Infrastructure Investment and Jobs Act, Title VIII of division J, Public Law 117-58, the amount appropriated for the Highway Infrastructure Program (HIP) bridge replacement, rehabilitation, preservation, protection, and construction program, for the fiscal year ending September 30, 2023, is $5,500,000,000.
Second, that pursuant to the Infrastructure Investment and Jobs Act, Title VIII of division J, Public Law 117-58, of the amount appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program, the Federal Highway Administration will retain $27,500,000 for operations and administration of the FHWA.
Third, that pursuant to the Infrastructure Investment and Jobs Act, Title VIII of division J, Public Law 117-58, of the amount appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program, FHWA has set aside $165,000,000 to carry out section 202(d) of Title 23, United States Code (Tribal Transportation Facility Bridges).
Fourth, that after the application of the administrative takedown and set-aside, the amount of funds available for distribution to the States, the District of Columbia, and Puerto Rico for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program is $5,307,500,000.
Fifth, that I have computed the apportionment to each State, the District of Columbia, and Puerto Rico of the amounts appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program in the manner provided by law.Sixth, that the sums that are hereby apportioned to each State, the District of Columbia, and Puerto Rico effective immediately, are respectively as follows:
N4510.872 - TABLE 1
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
APPORTIONMENT OF HIGHWAY INFRASTRUCTURE PROGRAM FUNDS
FOR THE BRIDGE FORMULA PROGRAM PURSUANT TO THE BIPARTISAN
INFRASTRUCTURE LAW, TITLE VIII OF DIVISION J, PUBLIC LAW 117-58
|State||Bridge Formula Program|
|Dist. of Col.||38,250,000||6,750,000||45,000,000|
APPROVED EFFECTIVE: October 6, 2022
FEDERAL HIGHWAY ACTING ADMINISTRATOR
Best for printing: n4510872.pdf (514 KB)