This Directive was Canceled June 23, 1999.
U.S. Department of Transportation
Federal Highway Administration
FEDERAL-AID HIGHWAY PROGRAM
OBLIGATIONS - FISCAL YEAR (FY) 1992 -
October 29, 1991
- PURPOSE. To advise of the limitation on Federal-aid highway program
obligations for fiscal year (FY) 1992 and the tentative distribution of this
limitation among the States. This distribution is subject to change upon the
enactment of new authorizing legislation.
- LIMITATION - LEGISLATIVE PROVISIONS. The Department of Transportation
and Related Agencies Appropriations Act, 1992.
- Obligations for Federal-aid highways are limited to $16,800,000,000 for FY 1992.
- The amount of funds apportioned and allocated for FY 1992 will not be
available until new authorizing legislation is enacted. Therefore, the funds
apportioned for FY 1991 or allocated to the States during FY 1991 were used
for making a tentative State-by-State distribution of the FY 1992 obligation
limitation. When the new authorizing legislation is enacted, and the amounts
of the FY 1992 apportionments and allocations are known, the State-by-State
distribution of FY 1992 obligation limitation will likely need to be revised.
- This limitation shall not apply to obligation for projects covered under:
(1) Sections 125, 157, and 320 of Title 23, United States Code (23 U.S.C);
(2) Section 147 of the Surface Transportation Assistance Act of 1978;
(3) Section 118 of the Union Station Redevelopment Act of 1981;
(4) Section 9 of the Federal-Aid Highway Act of 1981;
(5) Obligations to carry out the provisions of Sections 131(b)
and 131(j) of the Surface Transportation Assistance Act of 1982 (Public law 97-424);
(6) Obligations of funds made available under subsections (b)
and (c) of Section 149 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; or
(7) Projects authorized by Public Law 99-500, Public Law 99-591, and Public Law 100-202.
- Each State is guaranteed sufficient authority to prevent lapse of sums
authorized to be appropriated for Federal- aid highways and highway safety
construction programs which have been apportioned or allocated to a State.
- Amounts authorized for administration, the Federal Lands Highway Program,
the Demonstration projects under Section 149(d) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987, the Strategic Highway Research
program, and the Intelligent Vehicle-Highway System program charged to the
limitation but are excluded from the State-by-State distribution.
- After August 1, 1992, the Secretary will revise a distribution of funds
made available if a State does not plan to obligate the amount distributed
during FY 1992 and redistribute such amounts to those States able to obligate
amounts in addition to those previously distributed during FY 1992. The redistribution
will give priority to those states having large unobligated balances of funds
apportioned under 23 U.S.C. 104, and priority to those States which, because
of statutory changes made by the Surface Transportation Assistance act of
1982 and the substantial proportional reductions in their apportionments and allocations.
- After August 1 and on or before September 30, 1992, a State which obligates
the amounts in FY 1992 under the distribution based on apportioned and allocated
funds, as well as any redistributed amounts made available after August 1,
1992, may obligate for Federal-aid highways and highway safety construction
on or before September 30, 1992, an additional amount not to exceed 5 percent
of the aggregate amount of (1) funds apportioned or allocated to that State
under Section 104, 130, 144, and 152 of 23 U.S.C. and (20) for highway assistance
projects under section 103(e)(4) of 23 U.S.C. which are not obligated on the
date such State completes obligations of the amount so distributed. The aggregate
amount which may be obligated by all States under this additional obligationauthority
cannot exceed 2.5 percent of the aggregate amount of funds as defined in (1)
and (2) above which would not be obligated in FY 1992 if the $16,800,000,000
amount of obligational authority were utilized. No State may utilize this
additional obligational authority that does not utilize all obligation authority
distributed to it for FY 1992 or does not utilize all additional obligation
authority redistributed to it after August 1. In addition, this provision
will not apply to any State releasing formula obligation authority for the
- During the period October 1 through December 31, 1991, no State shall
obligate more than 35 percent of the amount of obligation limitation distributed
to such State, as discussed in paragraph 2b above, and the total of all State's
obligations cannot exceed 25 percent of the total amount distributed to all
States. Pending completion of the first quarter redistribution as discussed
in paragraph 5 below, each State's 25 percent first quarter obligation limitation
is as shown on Attachment 1. [SEE PRINTED COPY OF NOTICE FOR A COPY OF
THIS ATTACHMENT] The 1st quarter limitation does not apply to funds
obligated for the Kennedy Expressway rehabilitation project in Chicago, Illinois.
- FEDERAL LANDS PROGRAM. Obligation authority for the Federal Lands
Highway program has been reserved from distribution. Distribution of the reserved
authority will be made by the Federal Lands Highway Program Office.
- FUNDS SUBJECT TO FY 1992 LIMITATION. Obligation of the funds shown
on Attachment 2 are chargeable to the FY 1992 limitation, as well as obligations
of urban system funds for non-highway mass transit projects approved pursuant
to 23 U.S.C. 142(a)(2). [SEE PRINTED COPY OF NOTICE FOR A COPY OF THIS
ATTACHMENT] Also shown are funds exempt from the limitation.
- By November 18, 1991, each State shall advise the Division Administrator
of (1) the amount it can obligate in excess of its 25 percent share (up to
a maximum of 35 percent) or, (2) the amount that can be released during the
first quarter for obligation by released during the first quarter for obligation
by other States. The response shall be forwarded by the Division Administrator
to the regional office. By November 20, each Regional Administrator shall
advise Washington Headquarters, HFS-30, on a State-by-State basis of the additional
authority required or the amount that can be released for obligation by other
States. Upon review of the regional reports, Washington Headquarters will
advise of theredistribution, if any, of the first quarter obligation authority.
Any redistribution in the first quarter will not change the total FY 1992
distribution of limitations for any State.
- Division Administrators should ensure that copies of this Notice are
furnished to State Highway Agencies.
Federal Highway Administrator
This Directive was Canceled June 23, 1999.
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