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Classification Code Date
N 4520.144 December 30, 1996

  1. PURPOSE. To advise of the limitation on Federal-aid highway program obligations for fiscal year (FY) 1997 and the distribution of this limitation among the States.

  2. LIMITATION - LEGISLATIVE PROVISIONS. The Department of Transportation and Related Agencies Appropriations Act of 1997, (Public Law 104-205) provides for the limitation of obligations as follows:

    1. Obligations for Federal-aid highways are limited to $18,000,000,000 for FY 1997.

    2. This limitation shall not apply to obligations for projects covered under:

        (1) Sections 125, and 157, of Title 23, United States Code (23 U.S.C.);

        (2) Section 147 of the Surface Transportation Assistance Act of 1978;

        (3) Section 9 of the Federal-Aid Highway Act of 1981;

        (4) Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991;

    3. Each State is guaranteed sufficient authority to prevent lapse of sums authorized to be appropriated for Federal-aid highways which have been apportioned to a State.

    4. Amounts authorized for administrative expenses and funded from the administrative takedown authorized by section 104(a) of title 23, U.S.C., the Federal Lands Highway Program, the Intelligent Transportation Systems Program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240 are charged to the limitation but are excluded from the State-by-State distribution.

    5. After August 1, 1997, the Secretary will revise a distribution of funds made available if a State does not plan to obligate the amount distributed during FY 1997 and redistribute such amounts to those States able to obligate amounts in addition to those previously distributed during FY 1997. The redistribution will give priority to those States having large unobligated balances of funds apportioned under 23 U.S.C. 103(e)(4), 104, 144 and 1013(c) and 1015 of Public Law 102-240.

    6. Redistribution of FY 1997 authority reserved for Federal lands and Headquarters controlled programs. Any funds not obligated by July 31, 1997, are subject to withdrawal to be made available for August redistribution. If Federal Lands and Headquarters offices need any amounts that are withdrawn to be restored, they should include the amount in their request as part of the August Redistribution process.

    7. After August 1 and on or before September 30, 1997, a State which obligates the amount distributed in FY 1997 under the distribution based on apportioned and allocated funds, as well as any redistribution amounts made available after August 1, 1997, may obligate for Federal-aid highways and highway safety construction on or before September 30, 1997, an additional amount. The aggregate amount which may be obligated by all States under this additional obligation authority cannot exceed 2.5 percent of the aggregate amount of funds apportioned or allocated under sections 104 and 144 of 23 U.S.C.; and 1013(c) and 1015 of Public Law 102-240 which would not be obligated in FY 1997, if the total 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 1997 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 August redistribution.

    8. Funds apportioned for FY 1997 to the States during FY 1997 have been used to determine the factors for making a State-by-State distribution of the obligation limitation. The State-by-State distribution of the FY 1997 obligation limitation is shown on Attachment 1.

  3. DISCRETIONARY AND/OR OTHER NON-FORMULA FUNDS. Obligational authority is reserved for discretionary and/or other non-formula funds estimated to be allocated during the fiscal year. Obligational authority will be distributed with each allocation of funds during FY 1997 at 87 percent.

  4. FEDERAL LANDS PROGRAM. The obligational 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.

  5. TERRITORIAL HIGHWAY PROGRAM. Obligational authority for the Territorial Highway Program has been reserved from distribution. Distribution of the reserved authority will be made by the Associate Administrator for Program Development.

  6. TOTAL LIMITATION. Obligation authority available for distribution in FY 1997 is less than the total apportionments and allocations for the year on which the distribution is based. The pro rata share of 87 percent is available for distribution with apportioned (formula) funds. Allocated (non-formula) funds will be distributed with obligation limitation of 87 percent. Attachment 1 shows each State's share of the limitation distributed by formula and the amount reserved for non-formula programs.

  7. FUNDS SUBJECT TO FY 1997 LIMITATION. Obligation of the funds shown on Attachment 2 are chargeable to the FY 1997 limitation. Also shown are funds exempt from the limitation.

  8. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State Highway Agencies.

Original signed by,

Rodney E. Slater
Federal Highway Administrator


ALABAMA 321,625,460
ALASKA 187,619,606
ARIZONA 232,109,834
ARKANSAS 198,607,867
CALIFORNIA 1,462,509,346
COLORADO 186,149,568
CONNECTICUT 330,633,095
DELAWARE 72,463,687
DIST. OF COL. 75,703,007
FLORIDA 705,851,206
GEORGIA 503,686,810
HAWAII 114,015,356
IDAHO 101,514,430
ILLINOIS 616,597,353
INDIANA 382,129,189
IOWA 184,808,627
KANSAS 191,632,348
KENTUCKY 278,584,342
LOUISIANA 253,763,332
MAINE 85,342,725
MARYLAND 248,540,490
MICHIGAN 495,533,680
MINNESOTA 226,438,148
MISSISSIPPI 196,406,956
MISSOURI 382,076,047
MONTANA 137,512,388
NEBRASKA 130,020,815
NEVADA 97,589,356
NEW HAMPSHIRE 79,960,345
NEW JERSEY 446,976,668
NEW MEXICO 154,925,493
NEW YORK 976,321,896
NORTH CAROLINA 432,646,616
NORTH DAKOTA 95,296,330
OHIO 594,564,656
OKLAHOMA 251,521,437
OREGON 195,884,738
PENNSYLVANIA 659,732,967
RHODE ISLAND 74,888,752
SOUTH CAROLINA 255,097,332
SOUTH DAKOTA 104,014,512
TENNESSEE 366,239,811
TEXAS 1,140,124,171
UTAH 117,458,256
VERMONT 73,388,983
VIRGINIA 376,946,750
WASHINGTON 300,137,062
WEST VIRGINIA 148,071,259
WISCONSIN 326,774,881
WYOMING 103,981,702
PUERTO RICO 71,204,127
SUBTOTAL 16,381,250,142
FEDERAL LANDS 440,000,000
TOTAL 18,000,000,000

Funds Subject to Federal-Aid Highway Program
Obligation Limitation for FY 1998
Restoration Funds Talmadge Bridge
Interstate Gap Closing Franconia Notch
Interstate 4R Bypass Highway Demonstration
Interstate Discretionary - Construction Urgent Supplemental Bridges
Interstate 4R - Maryland Interstate Transfers - Apportioned and Discretionary
Interstate Maintenance Acosta Bridge - Florida
Interstate Discretionary - 4R Demos - Section 149(d)
Interstate Discretionary - 4R - NHS Universuty Trasnportaion Centers (ISTEA section 6023)
Reimbursement for Interstate University Research Institute (ISTEA section 6024)
Rail-Highway Crossing on Any Public Road IVHS (ISTEA section 6058)
Hazard Elimination Safety Belts and Motorcycle Helmets (ISTEA section 1031)
Consolidated Primary Alcohol Impaired - Countermeasures (ISTEA section 2004)
National Highway System Highway Use Tax Evasion Project (ISTEA section 1040)
Surface Transportation Program Scenic and Interim Scenic Byways Programs (ISTEA section 1047)
Apportionment Adjustment Ferry Boat Construction (ISTEA section 1064)
Rural Secondary Applied Research and Technology Program: Seismic Research Program (ISTEA section 6005)
Congestion Mitigation and Air Quality
Urban System--Attributable
Urban System--Not Attributable
Urban System--PR
Donor State Bonus
Highway Planning and Research
Metropolitan Planning
Public Lands - FY 1983 and subsequent
Indian Reservation Roads
Parkways and Park Roads
Forest Highway - Allocated
Special Urban High Density
Special Bridge Replacement
Bridge Replacement & Rehabilitation - Apportionment
Bridge Replacement & Rehabilitation - Discretionary
Timber Bridges - Discretionary

Funds Exempt From FY 1997 Obligation Limitation
Emergency Relief (23USC125)
Minimum Allocation (23USC157)
Acceleration of Bridges (Section 147 Federal-Aid Highway Act 1978)
Woodrow Wilson Bridge (Section 9 Federal-Aid Highway Act 1981)
Demos (1987 STURA Section 149(b))
Demos (1987 STURA Section 149(c))
High Cost Bridge Projects (ISTEA section 1103)
Congestion Relief Projects (ISTEA section 1104)
High Priority Corridors (ISTEA section 1105)
High Priority Corridors Feasibility Study (ISTEA section 1105h)
Highway Priority Corridor Studies (ISTEA section 1105h)
Uniform Traffic Control Devices (ISTEA section 1061)
Rural Access Projects (ISTEA section 1106a)
Urban Access Projects (ISTEA section 1106b)
Innovative Projects (ISTEA section 1107)
Priority Intermodal Projects (ISTEA section 1108)
Infrastructure Documentary (ISTEA section 1109)
National Defense Highways Outside U.S.
Page last modified on October 19, 2015
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