United States Department of Transportation - Federal Highway AdministrationSkip to content FHWA HomeFeedback
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Fact Sheets on Highway Provisions


Year 2005 2006 2007 2008 2009
Authorization $2,966 M $2,966 M $2,966 M $2,966 M $2,966 M

Program Purpose

The High Priority Projects Program provides designated funding for specific projects identified in SAFETEA-LU. A total of 5,091 projects are identified, each with a specified amount of funding over the 5 years of SAFETEA-LU. [1701]

Statutory References

SAFETEA-LU Section(s): 1101(a)(16), 1701, 1702, 1913, 1935, 1936,1102,

Other: 23 USC 117


Funded by contract authority, available until expended. The funds designated for a project in section 1702 are available only for that project with the following exception: Funds allocated for a project specified below may be obligated for any other of these projects in the same State:

  • High Priority Projects listed in section 1702 and numbered 3677 or higher;
  • Projects of National and Regional Significance listed in section 1301 and numbered 19 or higher;
  • National Corridor Infrastructure Improvement Program projects listed in section 1302 and numbered 28 or higher; or
  • Any Transportation Improvements project listed in section 1934;

except that the authorization for a project from the category list may not be reduced. [1935]

Advance construction, using State funds until Federal funds are available, remains as an allowable method for States to construct high priority projects. High priority projects may also be advanced with funds apportioned under 23 U.S.C. 104(b) from a program under which the project would be eligible, and the funds are to be restored from future allocations of the high priority project funds for the project. [1936, 1701(c) and 23 USC 117(e)]]

The High Priority Projects program is subject to obligation limitation that is set aside specifically for this program. The limitation is special no year limitation that remains available until used. The obligation limit is assigned individually to high priority projects numbered 1 – 3676 and in aggregate to each State for projects numbered 3677 or higher. The limitation provided to individual projects numbered 1 – 3676 may be obligated for any other project in section 1702 as long as it is restored to the individual project when limitation is distributed in the subsequent fiscal year. [1102(c)(4) & (g), 1102(j)]

For FY 2005 only, the obligation limitation set aside for the High Priority Projects program may be used as formula limitation. Any limitation used in this manner must be restored when the FY 2006 obligation limit is distributed. [1102(i)]

Eligible Use of Funds

The funds are available only for the activities described for each project in Section 1702 of SAFETEA-LU, subject to the flexibility described above.

Federal Share

The Federal share remains at 80%, except in the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota where the sliding scale provision of 23 USC 120(b) applies, and project number 200 for which the Federal share is 90%. [1913, 1964, & 23 USC 117(c)]

FHWA Home | Feedback