This Directive was Canceled June 23, 1999.

U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE. To provide procedures governing determination and redistribution of unneeded balances of FY 1991 obligation authority and to establish a State-by-State limitation of additional obligation authority available under Section 310(e) of the Department of Transportation and Related Agencies Appropriations Act of 1991.

2. BACKGROUND

   1. The Department of Transportation and Related Agencies Appropriations Act of 1991 (P.L. 101-516) provides for redistribution, after August 1, 1991, of any authority distributed to a State for FY 1991 if the State will not obligate the authority during FY 1991.

   2. Of the total $14.500 billion obligation authority available for FY 1991, $237.4 million was reserved for the Federal Lands program, $256.4 million for Administration, $30,850,000 for Strategic Highway Research Programs (SHRP), and $106,805,276 for Section 149 demonstration projects. The remaining $13,868,534,724 was distributed by formula ($12,852,246,582) and to support obligation of FY 1991 allocation of special non-formula funds (discretionary, etc., $1,016,288,141).

   3. Amounts of unneeded obligation authority initially distributed by formula will be identified separately from unneeded balances of authority distributed to support obligations of FY 1991 allocations of non-formula, Federal Lands and SHRP funds.

   4. Section 310(e) of the 1991 DOT Appropriations Act provides additional obligation limitation to the Statesbased on the unobligated balance of funds apportioned or allocated to the States under Sections 104, 130, 144, 152, and for highway assistance programs under 23 U.S.C. 103(e)(4) of which cannot be obligated because of the FY 1991 obligation limitation.

3. REDISTRIBUTION OF UNOBLIGATED FY 1991 AUTHORITY INITIALLY DISTRIBUTED BY FORMULA

   1. To provide a basis for determining (1) the amount of FY 1991 obligation authority initially distributed by formula that will be available for redistribution among the other States after August 1, 1991, and (2) those States that are able to obligate amounts in addition to those previously distributed, each State shall submit a plan by August 5 to the Division Administrator showing:

      (1) The July 31 unobligated balance of obligation authority.

      (2) The projects and/or Federal funds that will be obligated, or could be obligated by the States by September 30, 1991, if additional authority is provided.

      (3) The obligation authority that is excess to the needs of the State and is being released.

      (4) Additional obligation authority required.

   2. The Division Administrator shall review the plan submitted by the State and reach an agreement with the State on those projects which could be approved and authorized by the division office on or before September 30.

   3. By August 8, Division Administrators shall report to their regional offices: (1) the amount of FY 1991 formula authority that is excess to the State's needs and is being released, or (2) that the State and Division Administrator have reached an agreement that the State's remaining unobligated FY 1991 formula authority will be obligated by September 30, 1991, and/or (3) the additional formula authority that could be obligated by September 30, 1991. The report shall be submitted to the regional office for relay to Washington Headquarters by August 9, 1991.

4. RELEASE OF UNOBLIGATED FY 1991 AUTHORITY DISTRIBUTED TO SUPPORT OBLIGATIONS OF NON-FORMULA ALLOCATIONS (EXCEPT FEDERAL LANDS AND STRATEGIC HIGHWAY RESEARCH PROGRAMS)

   1. No State will be provided with special obligation authority in FY 1992 to cover any unobligated FY 1991allocations carried over on September 30. Obligation in FY 1992 of any such carryover allocation must be charged to the State's share under the formula distribution.

   2. The amount of FY 1991 obligation authority distributed to support obligations of allocations of non-formula funds that will not be obligated by September 30, 1991, should be determined by the Division Administrator in consultation with the State.

   3. By August 8, Divisional Administrators shall report to their regional offices the amount of FY 1991 non-formula funds and authority allocated to the States, the amount that will be obligated as of September 30, 1991, and the amount of obligation authority which is being released.

5. REDISTRIBUTION OF FY 1991 AUTHORITY RESERVED FOR FEDERAL LANDS AND STRATEGIC HIGHWAY RESEARCH PROGRAMS. Each respective Associate Administrator should report the balance, if any, of obligation authority reserved for their program(s) which will not be obligated as of September 30, 1991, to the Program Analysis Division (HFS-30) by August 9, 1991.

6. OBLIGATION AUTHORITY PROVIDED BY SECTION 310(e) OF THE 1991 DOT APPROPRIATIONS ACT

   1. A State which obligates all FY 1991 obligation authority distributed by formula and through the August redistribution can then obligate an additional amount up to 5 percent (subject to a 2 1/2 percent national ceiling) of funds apportioned or allocated under Sections 104, 130, 144, 152, and for highway assistance programs under Section 103(e)(4) of 23 U.S.C. This additional limitation under Section 310(e) is available to a State when it has obligated all FY 1991 obligation authority provided to it including the amount made available through the August redistribution. This limiting amount will be provided at the same time that the August redistribution is made.

   2. The 2 1/2 percent national limitation under Section 310(f) of P.L. 101-516 will be determined based on all States' July 31, 1991, unobligated balances of funds used in the Section 310(e) calculation, less all States' July 31 unobligated balance of obligation limitation and amounts redistributed to the States during the August redistribution process pursuant to Section 310(c)(2). The individual State limitation available under Section 310(e) will be determined by the same process used to determine the 2 1/2 percent overall national ceiling.

   3. As the State-by-State distribution of Section 310(e) limitation is subject to an overall national ceiling of 2 1/2 percent, it is important that accurate information beprovided on the States' planned program that can be obligated between August 1 and September 30, 1991. The information provided will be used to determine each State's limiting amount up to the maximum 5 percent per State and the overall 2 1/2 percent national ceiling for all States.

7. REPORTS FORM REGIONAL OFFICES. Based on reports from division offices, regional offices shall submit reports in the attached format for each State in their region. The reports shall be submitted to the Program Analysis Division (HFS-30) so as to be received by close of business August 9, 1991 (RCS HFS-30-1).

8. REDISTRIBUTION OF EXCESS FY 1991 OBLIGATION AUTHORITY

   1. A formula for redistribution of released obligation authority will be developed to implement the requirements of P.L. 101-516. Priority will be given to those States having large unobligated balances of funds apportioned under 23 U.S.C 104 and to those States which have experienced substantial proportional reductions in their apportionments and allocations as a result of statutory changes made by the Federal-Aid Highway Act of 1981 and the 1982 Surface Transportation Assistance Act.

   2. The redistribution of released authority under Section 310(c)(2) and the State-by-State limitation of the additional obligation authority provided under Section 310(e) of the 1991 DOT Appropriations Act will be accomplished by August 19, 1991.

9. PROGRAM MONITORING. The Washington Headquarters will monitor the program on a national basis to insure that available authority is fully utilized.

Attachment [SEE PRINTED COPY OF NOTICE FOR A COPY OF THE ATTACHMENT]

This Directive was Canceled June 23, 1999.

FHWA Home | Directives | Notices | Feedback United States Department of Transportation - Federal Highway Administration