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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* $256 M $511 M $639 M $639 M $511 M
* The authorization is for such sums as may be necessary to carry out the required distribution of funds. Amounts shown above are those amounts.

Program Purpose

The Transportation Improvements provision provides designated funding for specific projects identified in SAFETEA-LU. A total of 466 projects are identified, each with a specified amount of funding over the 5 years of SAFETEA-LU. [1934]

Statutory References

SAFETEA-LU Section(s): 1913, 1934, 1935, 1936, 1941,1949, 10210, 1102


Funded by contract authority, available until expended. The funds designated for a project are available only for that project with the following exception: For each project designated in section 1934, the Secretary will allocate a portion of the amount designated for that project: 10% in 2005, 20% for 2006, 25% for 2007, 25% for 2008 and 20% for 2009. [1934]

The funds designated for a project in section 1934 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]

Transportation Improvements 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 Transportation Improvements funds for the project. [1936]

The obligation limitation for Transportation Improvements is special no year limitation that remains available until used. The obligation limit is provided each year in aggregate to each State for Transportation Improvements projects. [1102(c)(4) & (g)]

For FY 2005 only, the obligation limitation set aside for the listed Transportation Improvements 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 1934 of SAFETEA-LU, subject to the flexibility described above.

Special Provisions

Funds made available to the State of Montana for the construction of U.S. 212, Red Lodge North, (Transportation Improvements project # 246) or transferred to the project under section 1935 of SAFETEA-LU may be used for reconstruction of the Bear Tooth Highway, to be subsequently reimbursed from Emergency Relief funds as they become available. [1941]

Funds provided for the Knik Arm Bridge in Transportation Improvements project #2 are to be provided to the public entity known as the Knik Arm Bridge and Toll Authority, established by the State of Alaska. [1949]

The Secretary of Transportation is to establish a demonstration initiative using digital project simulation to plan, design, and construct Transportation Improvements project # 31, improvements to U.S. 285 and Deer Creek interchange in Colorado. [10210]

The discussion of section 1934 in the Joint Explanatory Statement in H. Rept. 109-203 provides further information on the use of funds designated for projects # 410, 413, 420, 424, and 425, all in Vermont.

Federal Share

Generally, The Federal share of the cost of a project under this section shall be determined in accordance with 23 USC 120, which provides for a Federal share of 90 percent, subject to sliding scale, for certain Interstate projects; 80 percent for most other projects, also subject to sliding scale; and 100 percent for certain safety projects. [1934]

For the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota, the Federal share is 80 percent, subject to sliding scale. [1964]

Notwithstanding any other provision of law, and regardless of the source of Federal funds, the Federal share of the eligible costs of construction of a bridge between Bismarck, North Dakota, and Mandan, North Dakota, shall be 90 percent. Project #266 is a source of funds for this bridge. [1913]

The Federal share for Transportation Improvements project # 377 is 100 percent. [Item 377 in the table in 1934(c)]

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