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DOT LogoMemorandum
U.S. Department of Transportation
Federal Highway Administration

INFORMATION: Interstate Maintenance Program
TEA-21 Provisions, Implementing Guidance
August 7, 1998
Chief, Federal-Aid and Design Division HNG-12
Regional Administrators
Division Administrators

The purpose of this memorandum is to provide written guidance regarding the provisions in the Transportation Equity Act for the 21st Century (TEA-21) for the Interstate Maintenance (IM) program.

Authorizations - Section 1101

Section 1101(a)(1) provides the annual authorizations appropriated out of the Highway Trust Fund for the IM program under 23 U.S.C. 119 for FY 1998 through FY 2003, which range from $3.427 billion to $4.217 billion annually.

Apportionments - Section 1103

Section 1103(b) amends 23 U.S.C. 104(b)(4) to include a new IM apportionment formula which replaces the formula previously included in 23 U.S.C. 104(b)(5)(B). The new formula is based 33-1/3 percent on each State's share of total lane-miles of all Interstate routes open to traffic, 33-1/3 percent on each State's share of vehicular miles of travel on Interstate System routes open to traffic and 33-1/3 percent on each State's share of annual contributions to the Highway Trust Fund (other than the Mass Transit Account) attributable to commercial vehicles.

Funding - Section 1107

The Federal share for IM projects remains at 90 percent.

Eligibility - Section 1107

Section 1107(a) of TEA-21 modifies 23 U.S.C. 119 and extends IM fund usage to the following routes:

  1. Routes on the Interstate System designated under 23 U.S.C.103(c)(1) and, in Alaska and Puerto Rico, under 23 U.S.C.103(c)(4)(A);

  2. Routes on the Interstate System designated before the date of enactment of TEA-21under 23 U.S.C. 139(a) and (b)

  3. Any segments that become part of the Interstate System under Section 1105(e)(5) of ISTEA; and

  4. Toll roads only if such road is subject to a secretarial agreement provided for in 23 U.S.C. 129 or continued in effect by Section 1012(d) of the 1991 ISTEA and not voided by the Secretary under Section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987.

Prior to TEA-21, IM fund eligibility was limited to 3R work plus reconstruction of interchanges and overpasses. As a result, IM fund eligibility was not extended to general reconstruction or to the addition of new features. However, Section 1107(a) of TEA-21 modified 23 U.S.C. 119 and expanded IM eligibility to include the 4th R - "reconstruction." However, the prohibition against IM funding of added lanes previously contained in 23 U.S.C. 119(g) was renumbered by TEA-21 as 119(d) and retained. Therefore, the construction of new travel lanes other than high occupancy vehicle (HOV) lanes or auxiliary lanes continues to be ineligible for IM funding. Other reconstruction work, such as new interchanges, new rest areas, additional noise walls, etc. may now be funded with IM funds.

Section 1107(a)(2) strikes 23 U.S.C. 119 (e), Preventative Maintenance. However, preventative maintenance activities for all features of an Interstate highway are eligible for IM funding under the general eligibility provisions for preventative maintenance established in 23 U.S.C. 116(d).

Discretionary Funds Set-Asides - 1107

Section 1107(b) of TEA-21 modified 23 U.S.C. 118(c) and provides that before any apportionment is made under 23 U.S.C. 104(b)(4) the Secretary shall set aside $50 million in FY 1998 and $100 million in each of FYs 1999 through 2003 for obligation by the Secretary for projects for 4R work on any route or portion thereof on the Interstate System. Excluded, however, are projects on any highway designated as a part of the Interstate System under 23 U.S.C. 139 as in effect before the enactment of TEA-21 and any toll road on the Interstate System not subject to an agreement under 23 U.S.C. 119(e) as in effect on December 17, 1991.

Added lanes may be funded with IM Discretionary funds since the prohibition against IM funding of added lanes only pertains to IM apportionments under 23 U.S.C. 119 and not to discretionary allocations under 23 U.S.C. 118(c).

Questions regarding IM funds may be directed to Mr. Cecilio Leonin, HNG-12 at 202-366-4651. This guidance will be updated in the future if further clarifications are found necessary.

Signed by
Dwight A. Horne

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