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Subject

**Revised** Distribution of Revenue Aligned Budget

> Authority Funds For Fiscal Year 2001

Classification Code Date OPI

N 4510.455 September 7, 2001 HABF-10

1.  **What is the purpose of this Notice?** This Notice transmits the
    **revised** distribution of the Revenue Aligned Budget Authority
    (RABA) funds for fiscal year 2001 (FY 2001) pursuant to the
    Transportation Equity Act for the 21^st^ Century (TEA-21), as
    amended, and the Department of Transportation and Related Agencies
    Appropriations Act for Fiscal Year 2001.

2.  **Does this Notice cancel FHWA Notice 4510.446?** Yes, this Notice
    cancels FHWA Notice 4510.446, Revised Distribution of Revenue
    Aligned Budget Authority Funds for Fiscal Year 2001, dated October
    1, 2000. The revisions are minimal and were required to reflect
    adjustments in Highway Trust Fund contributions based on corrections
    resulting from the 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).

3.  **What is the background information?**

> a\. Section 110 of Title 23, United States Code (U.S.C.), provides for
> adjustments in funding for Federal-aid highway and highway safety
> construction programs funded from the Highway Account of the Highway
> Trust Fund to reflect changed estimates of Highway Account revenue.
> Under the provisions of the Department of Transportation and Related
> Agencies Appropriations Act for Fiscal Year 2001, funds that are
> authorized under Section 110 of Title 23, U.S.C., for FY 2001 shall be
> apportioned based on each State's percentage share of funding provided
> for under Section 105 of Title 23, U.S.C., for FY 2001. Of the funds
> to be apportioned under Section110 for FY 2001, the Secretary shall
> ensure that such funds are apportioned for the Interstate Maintenance
> Program, the National Highway System Program, the Bridge Replacement
> and Rehabilitation Program, the Surface Transportation Program, and
> the Congestion Mitigation and Air Quality Improvement Program in the
> same ratio that each State is apportioned funds for such programs in
> FY 2001.

b.  Section 304 of Public Law 106-113 (113 STAT. 1501A-306) provides
    additional contract authority in the amount of \$128,752,000 for
    fiscal year 2001, of the amounts available under Section 110(a)(1)
    of Title 23, U.S.C., and will not apply in any other fiscal year.
    However, Section 310(a)(1) of the Department of Transportation and
    Related Appropriations Act of Fiscal Year 2001 excludes this amount
    from the obligation limitation distribution of RABA.

4\. **What is the availability of these funds?**

> a\. The RABA funds resulting from this apportionment shall be
> available for the same period as for the programs among which these
> funds are distributed.
>
> b\. The funds resulting from this apportionment are available for
> obligation immediately and are subject to obligation controls in force
> at the time of obligation.

c.  As required by the Department of Transportation and Related Agencies
    Appropriations Act for Fiscal Year 2001 \$156,486,491 has been set
    aside for High Priority Projects authorized under Section 1602 of
    P.L. 105-178, as amended; \$18,467,857 has been set aside for the
    Woodrow Wilson Memorial Bridge project authorized by Section 404 of
    the Woodrow Wilson Memorial Bridge Authority Act of 1995, as
    amended; \$25,000,000 has been set aside for the Indian Reservation
    Roads Program under Section 204 of Title 23, U.S.C.; \$10,000,000
    has been set aside for the commercial driver's license program under
    Motor Carrier Safety Grants authorized by Section 31102 of Title 49,
    U.S.C.; and \$1,735,039 has been set aside for the Alaska Highway
    authorized by Section 218 of Title 23, U.S.C.

d\. The Federal participating rate for these funds is the same as for
the programs among which these funds are distributed.

e.  As required by the Department of Transportation and Related
    Appropriations Act for Fiscal Year 2001, Congress has provided the
    sum of \$101,140,000 of the funds apportioned to the States of
    Alabama, California, Mississippi, Nebraska, New York and Oklahoma to
    be obligated for specific projects as set forth in law. The Federal
    participating rate for these projects is based on Section 120 of
    Title 23, U.S.C.

5\. **Is the revised obligation limitation provided?**

a.  Yes, the revised amount of FY 2001 formula obligation limitation
    associated with RABA for the Interstate Maintenance Program, the
    National Highway System Program, the Bridge Replacement and
    Rehabilitation Program, the Surface Transportation Program, and the
    Congestion Mitigation and Air Quality Improvement Program
    distributed to each State is shown on [table 2]{.underline}.

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b.  The amount of FY 2001 obligation limitation associated with High
    Priority Projects, Woodrow Wilson Memorial Bridge, Indian
    Reservation Roads, Commercial Driver's License and Alaska Highway is
    shown on [table 2]{.underline}.

c\. In compliance with the Department of Transportation and Related
Agencies Appropriations Act for Fiscal Year 2001, provides for an
obligation limitation of the sum of \$101,140,000 of the funds
apportioned to the States of Alabama, California, Mississippi, Nebraska,
New York and Oklahoma for specific projects. The associated limitation
shall remain available until expended. The distribution is shown on
[table 2]{.underline}.

6\. **What action is required?** Division Administrators should ensure
that copies of this Notice are provided to State Departments of
Transportation.

Vincent F. Schimmoller

Deputy Executive Director

**CERTIFICATE OF APPORTIONMENT FROM**

**THE SUM OF \$3,186,752,000 AUTHORIZED TO BE APPROPRIATED**

**FOR THE REVENUE ALIGNED BUDGET AUTHORITY**

**FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001**

TO\--

The Secretary of the Treasury of the United States and the State
Transportation Agencies:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the
Transportation Equity Act for the 21st Century, Title 23, United States
Code, and the delegation of authority from the Secretary of
Transportation to the Federal Highway Administrator, section 1.48 of
Title 49, Code of Federal Regulations, I certify\--

First, that the Secretary of the Treasury has made the estimate required
by

section 9503(d) of the Internal Revenue Code of 1986, and based on that
estimate, I have determined that the amount that can be apportioned for
the Revenue Aligned Budget Authority for the fiscal year ending
September 30, 2001, is \$3,186,752,000, which is 100 percent of the
amount authorized to be appropriated for that fiscal year, pursuant to
section 110(a)(1) and 110(e) of the Title 23, United States Code, as
amended and section 1105 of the Transportation Equity Act for the 21st
Century.

Second, that in compliance with the Department of Transportation and
Related Agencies Appropriations Act for Fiscal Year 2001, Public Law
106-346, I have set aside \$156,486,491 from the authorization of
\$3,186,752,000 for fiscal year ending September 30, 2001, for projects
authorized under section 1602 of

Public Law 105-178 as amended, \$18,467,857 of the sums remaining from
the authorization of \$3,186,752,000 for fiscal year ending September
30, 2001, for the Woodrow Wilson Bridge project authorized by section
404 of the Woodrow Wilson Memorial Bridge Authority Act of 1995, as
amended, \$25,000,000 of the sums remaining from the authorization of
\$3,186,752,000 for fiscal year ending

September 30, 2001, for Indian Reservation Roads Program under Section
204 of Title 23, United States Code, \$10,000,000 of the sums remaining
from the authorization of \$3,186,752,000 for fiscal year ending
September 30, 2001, for commercial driver's license program under Motor
Carrier Safety Grants authorized by Section 31102 of Title 49, United
States Code, and \$1,735,039 of the sums remaining from the
authorization of \$3,186,752,000 for fiscal year ending September 30,
2001, for Alaska Highway authorized by Section 218 of Title 23, United
States Code.

Third, that after making the set asides, I have computed the
apportionment among the several States and the District of Columbia of
the remainder of the amounts authorized to be appropriated for the
Interstate Maintenance Program, the National Highway System Program, the
Surface Transportation Program, the Bridge Replacement and
Rehabilitation Program and the Congestion Mitigation and Air Quality
Improvement Program in the manner provided by law in accordance with the
formula set forth in the Department of Transportation and Related
Agencies Appropriations Act for Fiscal Year 2001, Public Law 106-346.

Fourth, that in compliance with the Department of Transportation and
Related Agencies Appropriations Act for Fiscal Year 2001, Public Law
106-346, as provided by Congress, I have made available for obligation
\$101,140,000 of the funds apportioned to the States of Alabama,
California, Mississippi, Nebraska, New York and Oklahoma for specific
projects as set forth in law.

Fifth, that in compliance with the Department of Transportation and
Related Agencies Act of Fiscal Year 2001, Public Law 106-346, I have
estimated that it will be necessary for administering the provisions of
law to deduct 1 1/6 percent of the sums made available to the Interstate
Maintenance, National Highway System, Surface Transportation Program,
the Bridge Replacement and Rehabilitation Program, and the Congestion
Mitigation and Air Quality Improvement Program from the sums remaining
from the authorization of \$3,186,752,000 for the fiscal year ending
September 30, 2001, I have deducted said 1 1/6 percent from the sums
remaining from the authorization of \$3,186,752,000 for the fiscal year
ending September 30, 2001, as set forth by Section 310(a)(7) of the
Department of Transportation and Related Agencies Act of Fiscal Year
2001, Public Law 106-346.

Sixth, that subject to the foregoing set asides and deductions, the
sums, which

are hereby apportioned to each State and the District of Columbia,
effective

immediately, are respectively as follows: