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Classification Code Date Office of Primary Interest
N 4520.164 September 7, 2001 HABF-10


  1. What is the purpose of this Notice? This Notice is to advise of the redistribution of FY 2001 obligation authority to the States as provided under Section 1102(d) of the Transportation Equity Act for the 21st Century (TEA-21) and the Department of Transportation and Related Agencies Appropriations Act of 2001, Public Law 106-346.

  2. How much authority was returned? A total of $254 million of obligation authority is available for redistribution for FY 2001.

  3. How much authority was requested? The States requested a total of $7.2 billion in additional obligation authority for FY 2001.

  4. How is the returned authority redistributed? The attached table shows the redistribution of returned obligation authority to each State. The amounts are to be redistributed in accordance with the requirements of Section 1102(d) of TEA-21 so that priority will be given to those States having large unobligated balances of funds apportioned: (1) under Sections 104 and 144 of Title 23, United States Code, (2) under Section 160 (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of Title 23 United States Code, and (3) under Section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991.

  5. Does this redistribution require any adjustments? Yes, revised FY 2001 apportionment Notices are being issued along with this Notice that made minimal adjustments to the Interstate Maintenance, National Highway System, Surface Transportation Program, Minimum Guarantee, and Revenue Aligned Budget Authority resulting from the adjustments in Highway Trust Fund contributions. These adjustments are based on corrections resulting from an over and under reporting of 1998 motor fuel data (the most current data upon which FY 2001 apportionments are based). United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996); 41 Comp. Gen. 16 (1961). The adjustments to these apportionments have a nominal effect on the distribution of FY 2001 obligation limitation. The minor adjustments are reflected in the redistribution of obligation authority provided at this time. Also, the FY 2001 revised special limitation associated with the Minimum Guarantee apportionment is shown on Table 1. The adjustments to the FY 2001 obligation authority requires an adjustment to the obligation authority transferred to the States' 402 Safety Program shown on Table 2.

  6. What action is required? Division Administrators should ensure that any obligation authority available to a State for FY 2001 that cannot be used by the end of the fiscal year is returned immediately to Washington Headquarters for redistribution to other qualifying States.

Vincent F. Schimmoller's signature

Vincent F. Schimmoller
Deputy Executive Director


Table 1
Table 2

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