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Home / Resources / Legislation, Regulations and Guidance / Directives and Memorandum / Notices / N 4510.875

This directive was canceled February 13, 2023.

Notice
Subject
REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS FOR THE PERIOD BEGINNING ON OCTOBER 1, 2022, AND ENDING ON DECEMBER 16, 2022
Classification Code
N 4510.875
Date
October 26, 2022
Office of Primary Interest
HCFB-10

  1. What is the purpose of this Notice? This Notice transmits the redistribution of certain authorized funds pursuant to the Continuing Appropriations Act, 2023, division A, Public Law (Pub. L.) 117-180. The total amount of certain authorized funds provided by this Notice for the period beginning on October 1, 2022, and ending on December 16, 2022, is $128,054,221. The distribution of these funds is shown in the attached table.

  2. 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, 2022, Title I of division L, Pub. L. 117-103, which was continued by section 101 of the Continuing Appropriations Act, 2023.

    2. The Secretary shall distribute to the States any funds that:

      (i) are authorized to be appropriated for Federal-aid highway programs for FY 2023 under the Infrastructure Investment and Jobs Act, Pub. L. 117-58 (Bipartisan Infrastructure Law); and

      (ii) 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 2023 due to the imposition of any obligation limitation for such fiscal year.

    3. The funds authorized for the Tribal Transportation Program (TTP) are not subject to this provision. Authorized TTP amounts that are in excess of the associated obligation limitation are not redistributed to the States.

    4. The total amount of certain authorized funds is first determined on an annualized basis pursuant to section 120(e) of the Department of Transportation Appropriations Act, 2022, as continued by the Continuing Appropriations Act, 2023. The result is multiplied by the 21.10 percent pro-rata (77 days divided by 365 days) to determine the amount of certain authorized funds available to be redistributed for the period beginning on October 1, 2022, and ending on December 16, 2022.

    5. The certain authorized funds are distributed to the States in the same proportions as the FY 2023 distribution of formula obligation limitation for the period beginning on October 1, 2022, and ending on December 16, 2022, under section 120(a)(5) of the Department of Transportation Appropriations Act, 2022, as continued by the Continuing Appropriations Act, 2023.

  3. What is the availability of these funds?

    1. These funds are available for obligation until September 30, 2026. 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 Y030.

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

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

 

Signature of Stephanie Pollack

Stephanie Pollack
Acting Administrator

Attachments

Table 1

Best for printing: n4510875.pdf (1.07 MB)

Page posted on October 26, 2022
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000