A Guide To Federal-Aid Programs And Projects: Inactive Programs And Projects
(Updated for SAFETEA-LU)
Table of Contents
90 Percent Of Payment Adjustments
Updated April 20, 2007
STATUS: INACTIVE These equity adjustment funds were transferred to the Surface Transportation Program (STP) account.
PROGRAM CODE: STP Codes
FEDERAL SHARE: 80 percent, same as STP
PERIOD AVAILABLE: FY + 3 Years, same as the STP
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract, same as STP
SUBJECT TO OBLIGATION LIMITATION: Yes, same as STP
STATUTORY REFERENCE: Section 1015(b) of the 1991 ISTEA (Public Law 102-240)
CFR REFERENCE: None
ELIGIBILITY: These funds were to be used as STP funds, except that one-half of the amount received by a State was not subject to the two set-asides or the sub-State distribution requirements of the STP.
BACKGROUND: The 90 Percent of Payment Adjustments category was authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991.
In each of FYs 1992-1997, each State that qualified received an allocation in an amount that ensured its apportionments for the fiscal year and allocations for the previous fiscal year would be at least 90 percent of its contributions to the Highway Account of the Highway Trust Fund. This is different from the Minimum Allocation where the guarantee is 90 percent of a State's relative share of contributions. Like Minimum Allocation, the contribution was determined based on the latest year for which data was available. The apportionments included in the calculation were those for Interstate Construction (IC), Interstate Maintenance (IM), National Highway System (NHS), Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement (CMAQ), Interstate Reimbursement, Donor State Bonus (DSB), and Hold Harmless.
This category guaranteed all States 90 cents in return for every dollar they were estimated to have contributed to the Highway Trust Fund for each of FYs 1992-1997, based upon data for the latest available fiscal year.
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
Access Highways To Public Recreation Areas On Certain Lakes
Updated April 20, 2007
STATUS: INACTIVE Categorical funds are no longer available. Higher Federal share for regularly apportioned highway construction funds used for Access Highways to Lakes (AHL) purposes has been terminated.
PROGRAM CODES:
- 5850 -- AHL, FY 1984 categorical funds
- 5860 -- AHL, FY 1985 categorical funds
- 6000 -- AHL, "No-Year" categorical funds
- 6280 -- AHL, FYs 1976-1978 categorical funds
- 6370 -- AHL, FYs 1978-1980 categorical funds
- 6550 -- AHL, FYs 1979-1981 categorical funds
- 6640 -- AHL, FYs 1982-1984 categorical funds
- 6650 -- AHL, FYs 1983-1984 categorical funds
- A650 -- AHL, Primary apportioned funds
- A750 -- AHL, Consolidated Primary apportioned funds
- B650 -- AHL, Secondary apportioned funds
- B750 -- AHL, Rural Secondary apportioned funds
- W650 -- AHL, Urban System apportioned funds
FEDERAL SHARE: 95 percent for categorical grants (70 percent prior to the 1978 STAA; 75 percent between the 1978 STAA and the 1982 STAA). 95 percent for regularly apportioned Federal-aid funds used for AHL prior to the 1991 ISTEA.
PERIOD AVAILABLE: FY + 2 years for categorical funds except as noted or modified in appropriations acts
FUND: General Funds for categorical grants. Highway Trust Fund for apportioned funds.
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget for categorical grants. Contract for apportioned funds.
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 155
CFR REFERENCE: None
ELIGIBILITY: Construction or reconstruction of access highways to public recreation areas on lakes developed by Federal agencies.
BACKGROUND: The AHL Program was established by Section 115(a) of the Federal-aid Highway Amendments of 1974 (Public Law 93-643). It was codified in 23 U.S.C. 155.
The Secretary of Transportation was authorized to construct or reconstruct access highways to public recreation areas on lakes in order to accommodate present and projected traffic. However, only those lakes resulting from the construction of a lock, dam, or similar structure by one of four specifically designated Federal agencies were eligible for funding, unless legislatively exempted from this restriction.
Initial funding for the AHL program was provided in FY 1976. Additional funding and specific new projects were included in several DOT appropriations acts.
Categorical funds authorized and appropriated under 23 U.S.C. 155 were normally earmarked for specific projects in the legislative history of the appropriations acts. Through FY 1984 all funds appropriated under 23 U.S.C. 155 were earmarked. In FYs 1985 and 1986 the funds were not earmarked. In FY 1987 some funds were earmarked and others were not. The non-earmarked funds in FYs 1985, 1986, and 1987 were allocated to States for projects deemed most meritorious. The FY 1988 funds were earmarked for a project in Mississippi. Categorical funds have not been appropriated since FY 1988.
Separate appropriation codes were required for the categorical funds appropriated each year as the integrity of each year's funds had to be maintained. Appropriation code 600, however, was assigned to all "no-year" funds appropriated for AHL projects in the different acts.
Section 318 of the Department of Transportation and Related Agencies Appropriation Act, 1984 (Public Law 98-78) increased the Federal share from 75 to 95 percent for categorical funds obligated after January 6, 1983.
Section 117(c) of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) added Section 120(j) to Title 23. This allowed funds apportioned for use on any Federal-aid system to be used for AHL projects at a 95 percent Federal participation rate.
The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) changed Section 120(j) of Title 23, relative to the Federal share for AHL projects, to Section 120(k). Section 1021(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) deleted Section 120(k).
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Additional Allocation - Wisconsin
Updated April 20, 2007
STATUS: INACTIVE These equity adjustment funds were transferred to the Surface Transportation Program (STP) account.
PROGRAM CODE: None
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: FY + 3 Years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Funds were allocated to Wisconsin to be used as STP funds
AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 1015(c) of the 1991 ISTEA (Public Law 102-240).
CFR REFERENCE: None
ELIGIBILITY: These funds were to be used in the State of Wisconsin as if they were STP funds. However, one-half of the amount was not subject to the set-asides and sub-State distribution requirements of the STP.
BACKGROUND: The Additional Allocation for Wisconsin was authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240).
Section 1015(c) authorized $40.0 million in FY 1992 and $47.8 million in each of FYs 1993-1997 to be allocated to the State of Wisconsin and to be transferred to the STP apportionment.
ADDITIONAL INFORMATION: Contact the Office of the Chief Financial Officer (HCF-1)
Alaskan Assistance
Updated April 20, 2007
STATUS: INACTIVE - The last appropriation was in 1976. All authorized funds have been apportioned and obligated.
PROGRAM CODE: 1330
FEDERAL SHARE: Unknown
PERIOD AVAILABLE: Unknown
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: Section 138 of the Federal-aid Highway Act of 1970 (Public Law 91-605).
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 138 of the Federal-aid Highway Act of 1970 (Public Law 91-605) authorized $20 million to be appropriated out of the Highway Trust Fund, in addition to funds otherwise made available under title 23, U.S.C., for each of FYs 1972-1973 for the construction of Federal-aid highways in Alaska.
Section 130 of the Federal-aid Highway Act of 1973 (Public Law 93-87) extended the authorization for each of FYs 1974-1976.
The entire $100 million authorized has been obligated.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Baltimore-Washington Parkway
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: 161, 544, 36J, R92 and 18D
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended
FUND: General Fund and Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget and Contract
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: Section 146 of the Federal-aid Highway Act of 1970, Section 1069(a) of the 1991 ISTEA (Public Law 102-240), Sections 1601 and 1602 of the 1998 TEA-21
CFR REFERENCE: None
ELIGIBILITY: Funds appropriated for reconstruction of the Federally owned portion of the Baltimore-Washington Parkway may be used for projects from the District of Columbia (D.C.) Line to Maryland Route 175.
BACKGROUND: Section 146 of the Federal-aid Highway Act of 1970 (Public Law 91-605) authorized $65 million to be appropriated for reconstruction of the Federally owned portion of the Baltimore-Washington Parkway from the D.C. Line to Maryland Route 175. This portion of highway is under the jurisdiction of the National Park Service (NPS). This Act required that an agreement be executed among the Department of Transportation, the Department of the Interior (DOI), and the State of Maryland to (a) provide for the transfer of jurisdiction to Maryland upon completion of construction, (b) assign primary responsibility for design and construction to Maryland, and (c) cause the route to be placed on the Federal-aid Primary System. The agreement was executed on June 9, 1972.
Maryland initiated extensive studies of various alternatives for reconstruction in July 1974. These studies progressed to the public hearing stage, but controversy over the scope of the improvements became an issue. Also, all alternatives except the "no build" alternative exceeded the $65 million authorized.
In 1976, the NPS completed a $5.7 million project for interim resurfacing of the existing pavement and shoulders and minor safety improvements using DOI funds made available for Bicentennial activities.
Section 130 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) deleted a requirement contained in the 1970 Act for construction of 6 lanes to full Interstate standards and provided instead that the design and construction standards "preserve the parkway characteristics."
In 1980, Maryland indicated they would not accept ownership of the Baltimore-Washington Parkway unless the reconstruction was of sufficient scope to preclude the need for further capital improvements for at least 20 years, which included additional lanes and major interchange reconstruction. Maryland later indicated they were no longer willing to accept ownership under any circumstances. Section 156 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) relieved Maryland of the obligation to accept ownership of the Baltimore-Washington Parkway.
FHWA's Eastern Federal Lands Highway Division (EFLHD) completed a study for the NPS in April 1984 of improvement needs along the Parkway, and has administered design and construction activities in cooperation with the NPS and affected States and local agencies.
In 1991, NPS appropriations provided $13.4 million in funds using funding authority from 1978 Federal-aid Highway Act, Section 104(a)(8), Public Law 95-599. Other funding has been provided from the Park Road and Parkway Program.
Section 1069(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, Public Law 102-240) provided budget authority for Congress to appropriate $74 million in General Funds for the renovation and reconstruction of the Baltimore-Washington Parkway in Prince Georges County, Maryland. The Federal share of the cost of this project remained at 100 percent. Also Section 1104(b)(2) provided $16.3 million in contract authority and Section 1021(d) directed the Federal share to be 100 percent.
Sections 1601 and 1602 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) provided authority for the Secretary to allocate $11.25 million to carry out project number 1020, Reconstruct Baltimore Washington Parkway at Route 197, Prince Georges County. The Federal share of the cost of this project is 100 percent.
The remaining funds to complete the parkway will come from the park road and parkway program and possibly other funds such as discretionary public lands highway.
ADDITIONAL INFORMATION: Contact the Office of Program Development (HFPD).
Bicycle Grants
Updated April 20, 2007
STATUS: INACTIVE - Repealed by Section 133(e)(2) of the 1987 STURAA.
PROGRAM CODE: 6940
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY for which appropriated. However, the period of availability has now expired.
FUND: 1/2 Highway Trust Fund and 1/2 General Funds
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: Section 141 of the 1978 STAA (Public Law 95-599). Section 133(e)(2) of the 1987 STURAA (Public Law 100-17).
CFR REFERENCE: 23 CFR 663 (Repealed)
ELIGIBILITY: N/A
BACKGROUND: This program was established by Section 141 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) for the construction of bikeways and for non-construction programs or projects to enhance the safety and use of bicycles. Funds were authorized for FYs 1979-1982; however, the first appropriation was made for FY 1980, and no subsequent appropriations were made. Funds were available for obligation only during the year for which appropriated; therefore, the availability period for these funds expired September 30, 1980.
Section 133(e)(2) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) repealed Section 141 of the Federal-aid Highway Act of 1978.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Bikeway Demonstration
Updated April 20, 2007
STATUS: INACTIVE Repealed by Section 133(e)(2) of the 1987 STURAA.
PROGRAM CODE:
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: Until expended
FUND: General
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: Section 119 of the Federal-aid Highway Amendments of 1974 (Public Law 93-643). Section 133(e)(2) of the 1987 STURAA (Public Law 100-17).
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: This program was established by Section 119 of the Federal-aid Highway Amendments of 1974 (Public Law 93-643) as a discretionary allocation, with projects proposed by the Regions and selected by the Office of Engineering. While $10 million was authorized for this program for FY 1976, only $6 million was appropriated, all for specific projects.
Section 133(e)(2) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) repealed Section 119 of the Federal-aid Highway Amendments of 1974.
Other related bicycle programs independent of the Bikeway Demonstration Program were the Bicycle Transportation and Pedestrian Walkways Program and the Bicycle Grants Program.
Grants made under the demonstration program were in addition to, and not in lieu of, funds made available for the Bicycle Transportation and Pedestrian Walkways Program.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Bridges On Federal Dams
Updated April 20, 2007
STATUS: INACTIVE - There have been no recent appropriations of funds for bridges on Federal dams. All previously available funds have been allocated and obligated.
PROGRAM CODE: 0720
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: 23 U.S.C. 320
CFR REFERENCE: 23 CFR 630H
ELIGIBILITY: Funding under this program, when available, was generally for projects earmarked by Congress to reimburse Federal dam building agencies (Tennessee Valley Authority, Department Of Defense, Bureau Of Reclamation) for the costs of designing and constructing certain dams to support public highway bridges upon and across these dams.
BACKGROUND: This program was initiated by the Federal-aid Highway Act of 1946 (Public Law 79-562) which authorized and appropriated $10 million to reimburse Federal dam building agencies for the costs of designing and constructing (a) certain dams in such a manner that they would support public highway bridges and (b) public highway bridges upon and across these dams. It was codified at 23 U.S.C. 320.
Subsequent highway acts have authorized and appropriated an additional $55 million for the Bridges on Federal Dams Program. Funding has been largely discretionary. The Federal-aid Highway Act of 1970 and subsequent acts earmarked funds for specific projects through direct references in the law or in conference reports. No additional funding has been authorized since the Federal-Aid Highway Act of 1978. In FY 1994, P.L. 103-211 rescinded the $9,478,139 balance that was in the account.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Bridges On Indian Reservation Roads (IRR)
Updated April 20, 2007
STATUS: INACTIVE Continuing only until funds apportioned in FY 1997 and previous fiscal years are obligated, transferred back to States or lapsed. This set-aside was eliminated under the TEA 21 Restoration Act. This set-aside was replaced by a Nationwide Priority Program for Improving Deficient Indian Reservation Road Bridges under Section 1115 of TEA-21 funded by a set-aside from the Indian Reservation Roads Program (see the program with that title for details).
PROGRAM CODES: 11T, 11U, 11Z -- until pre-FY 1998 obligated
FEDERAL SHARE: 80 percent. Indian Reservation Road funds can be used to increase the Federal share to 100 percent.
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Set-aside from HBRRP apportionments are transferred to the Secretary of the Interior to carry out this program.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 144(g)
CFR REFERENCE: None
ELIGIBILITY: Highway Bridge Replacement and Rehabilitation Program (HBRRP) funds set aside for Bridges on Indian Reservation Roads may be obligated for eligible projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on Indian reservation roads.
BACKGROUND: Section 1028(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, Public Law 102-240), contained new requirements concerning Indian reservation bridges. Prior to making apportionments for the HBRRP, not less than 1 percent of the amount apportioned to each State which has an Indian reservation within its boundaries must be transferred to the Secretary of the Interior each fiscal year to expend for eligible projects on Indian reservation roads. In addition to bridges under the jurisdiction of the Department of the Interior's Bureau of Indian Affairs (BIA), there are also State, local, and other federally owned bridges on Indian reservation roads on which the funds may be used.
Candidate bridges for which States may want to use a portion of the one percent funding are submitted to the BIA. These bridges must meet the HBRRP eligibility criteria set forth in 23 U.S.C. 144. The projects to be funded are selected by the BIA and should represent an equitable distribution of the transferred funds.
Indian Reservation Road funds made available under Section 1003 of the 1991 ISTEA may be used to increase the Federal share on eligible bridge projects from 80 percent to 100 percent.
Section 9002 eliminated the 1 percent HBRRP set-aside for IRR bridges. However, Section 1115 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) established a new nationwide priority program for improving Indian Reservation Road bridges and codified it under 23 U.S.C. 202 of the Federal Lands Highways program.
ADDITIONAL INFORMATION: Contact the Office of Program Development (HFPD) or the Office of Bridge Technology (HIBT).
Bridge Replacement (Special)
Updated April 20, 2007
STATUS: INACTIVE. Replaced by Highway Bridge Replacement and Rehabilitation Program (HBRRP).
PROGRAM CODE: 115
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: Until expended.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 144.
CFR REFERENCE: 23 CFR 650D
ELIGIBILITY: N/A
BACKGROUND: This program was established by Section 204 of the Federal-aid Highway Act of 1970 (Public Law 91-605) and codified as 23 U.S.C. 144. Authorizations were provided for FYs 1972-1973.
The Federal-aid Highway Act of 1973 (Public Law 93-87) provided authorizations through FY 1976; the Federal-aid Highway Amendments of 1974 authorized additional funds for FY 1976; and the Federal-aid Highway Act of 1976 (Public Law 94-280) authorized funds for FYs 1977-1978.
Projects under this program had to be on a Federal-aid system. Funds were allocated to the States on the basis of comparative bridge replacement needs.
Section 124 of the Federal-aid Highway Act of 1978 (Public Law 95-599) retitled and amended 23 U.S.C. 144. In so doing, it deleted all references to the "Special Bridge Replacement Program" and replaced it with the "Highway Bridge Replacement and Rehabilitation Program," which was applicable to both on and off-system bridges.
ADDITIONAL INFORMATION: Contact the Office of Bridge Technology (HIBT).
Combined Road Plan
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- CG10 -- CRP-Pooled Fund, 100 percent
- CR10 -- CRP-Secondary, Urban, Non-Primary Bridge Pooled Fund
- EC10 -- CRP-Minimum Allocation
- EC20 -- CRP-Excess Interstate 1/2 Percent Minimum Apportionment
- EC30 -- CRP-Interstate Substitution, Apportioned
- EC40 -- CRP-Interstate Substitution, Discretionary
- EG10 -- CRP-Minimum Allocation, 100 percent, 23 U.S.C. 120(d)
- EG20 -- CRP-Excess Interstate 1/2 Percent Minimum Apportionment, 100 percent
FEDERAL SHARE: Same as source funds. The non-Federal share may be increased if the State desires, so as to reduce the normal Federal pro-rata share.
PERIOD AVAILABLE: Same as source funds.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Same as source funds.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 137 of the 1987 STURAA (Public Law 100-17).
CFR REFERENCE: None
ELIGIBILITY: Funds were used in five States selected by the FHWA-- California, Minnesota, New York, Rhode Island, and Texas--to conduct a demonstration to test the feasibility of approaches for combining, streamlining, and increasing the flexibility in the administration of the Federal-aid Secondary Program, Urban Program, and the Non-Primary portion of the Bridge Program.
BACKGROUND: The Combined Road Plan (CRP) Demonstration Program was authorized by Section 137 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17). The Secretary of Transportation was directed to conduct a demonstration to test the feasibility of approaches for combining, streamlining, and increasing the flexibility in the administration of the Federal-aid Secondary Program, Urban Program, and the Non-Primary portion of the Bridge Program. Section 137 required that the demonstration be conducted in cooperation with up to five States.
A key objective of this demonstration was to place as much responsibility as was feasible with State and local governments. The FHWA was mandated to report to Congress on implementation experiences and needed recommendations. Funds from the programs designated for the CRP demonstration were pooled into a single fund (appropriation code CR10).
It was administratively determined that Secondary, Urban, and Non-Primary Bridge projects which used (a) Minimum Allocation, (b) Interstate Substitution, and/or (c) excess minimum apportionment Interstate construction funds could be made a part of the CRP demonstration at the State's option. The only difference in the use of these funds for the CRP demonstration and the funds specifically identified in Section 137 was that they could not be pooled into the single CRP fund. Hence, separate appropriation codes were provided.
No authority was provided for the continuation of the Combined Road Plan demonstration in the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240).
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Commercial Driver's License
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 21A -- Basic Grant (FYs 1987-1991).
- 21B -- Supplemental Grant (FYs 1989-1991).
- 21C -- Clearinghouse Grant (FYs 1989-1991).
- 708 -- Supplemental Grant (FYs 1987-1988).
- 709 -- Information System Grant (FYs 1987-1989).
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended. Funds not obligated by the State in the fiscal year during which they were made available were withdrawn and made available for use at the discretion of the Secretary of Transportation.
FUND: Highway Trust Fund, appropriations 21A, 21B, and 21C were from funds made available to carry out Section 404 of the STAA of 1982 (MCSAP). Appropriations 708 and 709 were from funds made available to carry out 23 U.S.C. 402 by NHTSA.
FUND DISTRIBUTION METHOD: Allocation.
SUBJECT TO OBLIGATION LIMITATION: Yes for codes 21A, 21B, and 21C. No for codes 708 and 709.
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: Sections 12005(c,d,e), 12007(g), and 12010 of the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570).
CFR REFERENCE: None
ELIGIBILITY: Grants were available to all the States for developing and implementing commercial driver's license programs. Remaining funds may continue to be used for these purposes.
BACKGROUND: The FHWA began a major effort in 1986 to assure that all commercial motor vehicle operators--more than 5 million--had only one license. Under this license program, which is required by the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570), all States must test and license commercial drivers according to Federal standards or face a loss of Federal-aid highway funds. To assist the 50 States and the District of Columbia in developing and implementing required commercial driver's license programs, a $61 million, 5-year grant program was established in the Commercial Motor Vehicle Safety Act of 1986. Funds for the grants are to be derived from the Motor Carrier Safety Assistance Program (MCSAP) and from 23 U.S.C. 402 funds administered by the National Highway Traffic Safety Administration (NHTSA).
The Commercial Motor Vehicle Safety Act authorized the following four categories of grants:
- Basic grants, available in FYs 1987-1991. A minimum of $100,000 per State was available each year. Total funding was $5 million per year. The basic grant minimum of $100,000 per State each year for the 50 States and the District of Columbia was maintained by adding $100,000 a year in supplemental grant funds to the $5 million in basic grant funds.
- Supplemental grants, available in FYs 1987-1991. In FYs 1987-1989, funds were available on a discretionary basis. In FYs 1990-1991, funds were available based on the number of tests administered and licenses issued in the previous year. Total funding was $3 million per year.
- Information systems grants, available in FYs 1987-1989 on a discretionary basis. The total funding was $2 million per year.
- Clearinghouse grants, available in FYs 1989-1991. A minimum of $100,000 per State was available each year. Total funding was $5 million per year. No other sources of funds were available to make up the $100,000 per year shortfall in the clearinghouse grant program. The Truck and Bus Safety and Regulatory Reform Act of 1988 authorized the setting aside of up to $1 million per year in clearinghouse grant funds in FYs 1989-1990 for a pilot demonstration of biometric identification systems. As a result, the minimum State grant per year was reduced from $100,000 to $78,431 (including the Gramm-Rudman reduction) in FY 1989 and from $100,000 to $98,039 in FY 1990.
No new provisions were contained in the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). Even so, unobligated funds from the sources mentioned above could continue to be used for the purposes of this program.
ADDITIONAL INFORMATION: Contact the Office of Motor Carrier Enforcement (HMCE).
Consolidated Primary
Updated April 20, 2007
STATUS: INACTIVE - Discontinued after funds apportioned in FY 1991 and previous fiscal years were obligated, transferred, or lapsed. Title 23 provisions relative to the Federal-aid Primary System were repealed by the 1991 ISTEA. Unobligated funds apportioned to a State for the Primary System remained available for obligation under the old rules or could be transferred to the NHS or Surface Transportation Program (STP) programs.
PROGRAM CODES:
- 0100 -- Consolidated Primary
- 01B0 -- Consolidated Primary, Priority, Section 149(k) of Public Law 100-17
- 01E0 -- Consolidated Primary, Temporary Matching Fund Waiver
- 1840 -- Consolidated Primary, Alaska Highway
- 1960 -- Consolidated Primary, I-4R
- 33D0 -- STP-State Flexible
- A040 -- Consolidated Primary, PR
- A060 -- Consolidated Primary, Economic Growth Center, 95 percent
- A090 -- Consolidated Primary, Economic Growth Center, Temporary Matching Fund Waiver
- A140 -- Consolidated Primary, 100 percent
- A450 -- Consolidated Primary, Great River Road
- A610 -- Consolidated Primary, Bicycle and Pedestrian
- A750 -- Consolidated Primary, Access to Lakes
- A850 -- Consolidated Primary, Energy Impacted Roads
- A860 -- Consolidated Primary, 20 percent Mandatory Energy Roads
- A870 -- Consolidated Primary, Energy Impacted Roads, Temporary Matching Fund Waiver
- X140 -- Consolidated Primary, NHI
- X150 -- Consolidated Primary, 1/4 percent NHI
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula set forth in Section 108 of the STAA of 1982 (Public Law 97-424).
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 103(b) [Subsequently amended to reflect current Federal-Aid Systems]. Section 108 of the 1982 STAA (Public Law 97-424).
CFR REFERENCE: 23 CFR 470A [Subsequently revised to reflect current Federal-Aid Systems]
ELIGIBILITY: Unobligated funds apportioned to a State for the Primary System remained available for obligation under the pre-ISTEA rules or could be transferred to the NHS or STP programs. These funds could be used for planning, engineering, construction, and other related activities.
BACKGROUND: Section 105(a)(1) of the Federal-aid Highway Act of 1976 (Public Law 94-280) established the Consolidated Primary Program by consolidating the Rural Primary, Priority Primary, and Urban Primary Extension programs into a single funding category. Although this created a new fund, it did not affect previously authorized Primary funds. The first appropriation for the Consolidated Primary Program was for FY 1977.
The Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) provided that at least 20 percent of the Consolidated Primary funds were to be used for 3R purposes. Section 105(d) of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) provided that at least 40 percent of the Consolidated Primary funds were to be used for 4R purposes, starting with the FY 1984 apportionments. However, section 106(a)(2) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) did not include these requirements for the FY 1987-1991 apportionments.
Section 108 of the 1982 STAA established a two formula procedure for apportioning the FYs 1983-1986 primary authorizations. Section 107 of the 1987 STURAA continued the use of this procedure for FYs 1987-1991.
Funds apportioned under this program could be transferred to the Rural Secondary and Urban System programs.
The Federal-aid Primary System was abolished when Sections 103(a) and (b) of title 23, U.S.C., were repealed by Section 1006(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), on December 18, 1991. The last apportionments of funds for the Primary System were for FY 1991. The system as it existed on June 1, 1991, is still used to define where control of outdoor advertising under 23 U.S.C. 131 applies.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Donor State Bonus
Updated April 20, 2007
STATUS: INACTIVE These equity adjustment funds were used for the same purposes as if apportioned for the Surface Transportation Program (STP).
PROGRAM CODES:
- 35A -- DSB-50 percent in Any Areas
- 35B -- DSB-Urbanized Areas with >200,000 Population
- 35C -- DSB-Areas <200,000 Population
- 35D -- DSB-Mandatory for Non-Urban Areas
FEDERAL SHARE: 80 percent, same as STP
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: In FYs 1992-1997, donor States were identified by comparing each State's projected contributions to the Highway Trust Fund in the fiscal year to the apportionments that would be received by the State in that fiscal year. Section 1013(c) of the 1991 ISTEA authorized a particular amount each year to distribute to these donor States as a bonus. Starting with the State having the lowest return (apportionments compared to contributions), each State was brought up to the level of return for States with the next highest level of return. This was repeated successively for each State until the funds authorized for that fiscal year were exhausted.
TYPE OF AUTHORITY: Contract, same as STP.
SUBJECT TO OBLIGATION LIMITATION: Yes, same as STP.
STATUTORY REFERENCE: Section 1013(c) of the 1991 ISTEA (Public Law 102-240).
CFR REFERENCE: None
ELIGIBILITY: Donor State Bonus funds are to be used as STP funds, except that the amounts are available until expended and one-half of the amount was subject to the sub-State STP distribution rules contained in 23 U.S.C. 133(d)(3). The other half could be used in any areas for STP activities.
BACKGROUND: The Donor State Bonus program was contained in Section 1013(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). Section 1013(c) authorized $429 million in FY 1992 and $514 million in each of FYs 1993-1997 to be appropriated out of the Highway Trust Fund for the payment of Donor State Bonus amounts.
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
Elimination Of Roadside Obstacles
Updated April 20, 2007
STATUS: INACTIVE. Incorporated into the High-Hazard Locations/Elimination of Roadside Obstacles Program by the Highway Safety Act of 1976.
PROGRAM CODE: 1440
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 153 (Repealed by 1978 STAA).
CFR REFERENCE: 23 CFR 924
ELIGIBILITY: N/A
BACKGROUND: The Elimination of Roadside Obstacles Program was established by Section 210 of the Highway Safety Act of 1973 (Title II of Public Law 93-87) and authorizations were made for FYs 1974-1976. This program provided Federal funds for safety improvement projects on all Federal-aid systems, except the Interstate System, for the purpose of correcting roadside hazards. It was codified in 23 U.S.C. 153.
Section 210(7) of the Highway Safety Act of 1976 (Title II of Public Law 94-280) combined the funding for this program and the High-Hazard Locations program, and in so doing, created the High-Hazard Locations/Elimination of Roadside Obstacles Program. Section 168 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) replaced the combined program with a new program called the Hazard Elimination Program and repealed 23 U.S.C. 153. The new Hazard Elimination funds could be used for the elimination of roadside obstacles. In addition, Section 108 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) added the elimination of roadside obstacles to the definition of "construction" in 23 U.S.C. 101, which meant that regular Federal-aid construction funds could be used for the elimination of roadside hazards.
ADDITIONAL INFORMATION: Contact the Office of Safety Programs (HSA-20) or the Office of Program Administration (HIPA).
Energy Impacted Roads
Updated April 20, 2007
STATUS: INACTIVE A higher Federal share was allowed for projects to reconstruct, resurface, restore, and rehabilitate energy impacted roads (generally coal haul routes).
PROGRAM CODES:
- A850, A860 -- Consolidated Primary funds for energy impacted roads.
- B850, B860 -- Rural Secondary funds for energy impacted roads.
- N850 -- Minimum Allocation funds for energy impacted roads.
- R850, R860 -- HBRRP funds for energy impacted roads.
- W850, W860 -- Urban System funds for energy impacted roads.
FEDERAL SHARE: 85 percent
PERIOD AVAILABLE: Same as source funds.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Same as source funds.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Same as source funds.
STATUTORY REFERENCE: 23 U.S.C. 105(l) (repealed)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 109 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) added (a) 23 U.S.C. 105(h), which provided that priority could be given to Federal-aid projects to reconstruct, resurface, restore, and rehabilitate energy impacted roads, and (b) 23 U.S.C. 120(k) [later changed to 120(l)], which allowed an 85 percent Federal share to be used for these projects on energy impacted roads. There were no separate authorizations for these projects. Instead, projects were funded from Consolidated Primary, Rural Secondary, Urban System, Bridge Replacement and Rehabilitation, and Minimum Allocation apportionments and allocations. Criteria for determining which projects qualified for this special funding were provided by the Office of Engineering (HNG-12) in a March 25, 1983, memorandum to Regional Federal Highway Administrators. Very generally, the highways or railroad-highway grade crossings proposed to be improved using the 85 percent Federal share had to be (a) impacted by continuing and substantial truck or train traffic transporting energy materials, (b) on the appropriate Federal-aid system for the funds involved, and (c) in need of 4R type improvements to restore safety, capacity, and/or mobility.
Section 1021(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) repealed Section 120(l).
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Funding Restoration
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 31J0 - Funding Restoration
- 3170 - Allocation Formula (91 ISTEA)
- 3180 - Urbanized Areas Over 200,000 (91 ISTEA)
- 3190 - Transportation Planning (91 ISTEA)
- 31H0 - Research and Planning (91 ISTEA)
- Q500 - Allocation Formula -- Department of Transportation and Related Agencies Appropriations Act of 1997 (97 STEA)
- Q510 - Urbanized Areas Over 200,000 (97 STEA)
- Q520 - Transportation Planning (97 STEA)
- Q530 - Research and Planning (97 STEA)
FEDERAL SHARE: Determined by the type of project for which the funds are used
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation based on Section 202(b) of the National Highway System Designation Act of 1995 (1995 NHSDA, Public Law 104-59)
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 202 of the 1995 NHSDA (Public Law 104-59)
CFR REFERENCE: None
ELIGIBILITY: Funds may be spent on any project eligible under Title 23
BACKGROUND: Section 202 of the 1995 NHSDA created a Funding Restoration Program for FYs 1996-1997. Section 202 authorized $266,522,436 for FY 1996 and $155 million for FY 1997 for carrying out projects. The purpose of this program is to restore funds for FY 1996 that were reduced as a result of application of Section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).
The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) did not authorize funding for this program.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Great River Road
Updated April 20, 2007
STATUS: INACTIVE Categorical funds are no longer available. In the past, regularly apportioned highway construction funds could be used for Great River Road projects at a higher Federal share.
PROGRAM CODES:
- 6150 - Categorical funds used in FY 1981 and prior years.
- 1350 - Categorical funds used in FY 1982 and subsequent years.
- A350 and A450 - Consolidated Primary funds for the Great River Road.
- B350 and B450 - Rural Secondary funds for the Great River Road.
- W350 and W380 - Urban system funds for the Great River Road.
FEDERAL SHARE: 95 percent for regular funds (prior to the 1991 ISTEA) and 75 percent for categorical funds
PERIOD AVAILABLE: Same as source funds for regular funds, FY + 3 years for categorical funds (availability expired September 30, 1986)
FUND: Highway Trust Fund for categorical on-system projects and General Funds for categorical off-system projects. Highway Trust Fund for projects financed with regular funds.
FUND DISTRIBUTION METHOD: Allocation for categorical funds. Same as source funds for regular funds.
TYPE OF AUTHORITY: Contract for categorical on-system projects and Appropriated Budget for categorical off-system projects. Contract for regularly funded projects.
SUBJECT TO OBLIGATION LIMITATION: Same as source funds
STATUTORY REFERENCE: 23 U.S.C. 148 [Amended to be Highway Safety Improvement Program by Section 1401(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59]
CFR REFERENCE: 23 CFR 661(repealed)
ELIGIBILITY: N/A
BACKGROUND: The concept of a parkway route along the Mississippi River was introduced in Section 14 of the Federal-aid Highway Act of 1954 (Public Law 83-350). The Bureau of Public Roads made studies of routes and potential sites for development in conjunction with the natural, geologic, and historic features of interest along the river. Studies were completed in each of the 10 States bordering the river, but the opportunity for development of a unique parkway route was determined to be limited by high cost and other development. As a result, the use of existing roadway alignments was recommended.
Section 129 of the Federal-aid Highway Act of 1973 (Public Law 93-87) established the Great River Road program, codified in 23 U.S.C. 148, and provided funds from (a) the Highway Trust Funds for construction and reconstruction of on-system roadways and (b) the General Fund for off-system roadways. The route was to be developed using criteria which would give priority to access to large population centers, connections to other Federal-aid highways (particularly the Interstate system), and construction near the confluence of the Wisconsin and Mississippi Rivers. The definition of construction was expanded to include acquisition of areas of historical, archaeological, or scientific interest, and construction of roadside rest areas. Funds were to be distributed on the basis of relative needs. Estimates were prepared in 1975, 1977, and 1981.
The Conference Report for the Federal-aid Highway Act of 1976 (Public Law 94-280) stated that existing roadways should be used as much as possible and that the Great River Road should be one route crossing the river several times.
The Surface Transportation Assistance Act (STAA) of 1978 (Public Law 95-599) authorized spur highways to connect the Great River Road by the most direct route with access to scenic, historical, recreational, or archaeological features on the opposite side of the Mississippi River. Such spurs had to cross the river on existing bridges.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) terminated separate categorical funding for the development of the Great River Road. Instead, it provided a 95 percent Federal share under the provisions of 23 U.S.C. 120(j) for projects financed with funds apportioned for use on any Federal-aid system. This was interpreted to include primary, secondary, urban system, and minimum 1/2 percent Interstate funds.
Section 117(d) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) deleted Great River Road references in Section 120(j) of title 23 and added a new Section 120(m), which allowed the Federal share payable for Great River Road projects financed with funds apportioned for use on the other systems to be less than 95 percent if requested by a State, but not less than 75 percent.
All available categorical funds (codes 1350 and 6150) have been allocated to the States of Arkansas, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin. All the allocated funds have been obligated.
Section 1021(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) deleted 23 U.S.C. 120(m). Thus, there is no longer a higher Federal share for regular Federal-aid funds used for projects located on the Great River Road.
Section 1401(a) of SAFETEA-LU amended 23 U.S.C. 148 to establish the Highway Safety Improvement Program, eliminating the Great River Road program from title 23.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Hazard Elimination
Updated April 20, 2007
STATUS: INACTIVE Replaced by STP Set-Aside for Safety Improvements program.
PROGRAM CODES:
- 1410 -- Hazard Elimination
- 33P0 -- STP-Hazard Elimination Program
- 33Z0 -- STP-Hazard Elimination Program, 100 percent
FEDERAL SHARE: 90 percent.
PERIOD AVAILABLE: FY + 3 years (availability expired September 30, 1994)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 152
CFR REFERENCE: 23 CFR 924
ELIGIBILITY: N/A
BACKGROUND: The Hazard Elimination Program was established by Section 168 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599). It replaced the combined High-Hazard Locations/Elimination of Roadside Obstacles program and provided Federal funds for highway safety improvement projects on all Federal-aid systems, except the Interstate System (exception amended out by Section 1401 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178)). [Highway safety improvement projects are defined in 23 U.S.C. 101(a)]. The Hazard Elimination program was codified in 23 U.S.C. 152. The 1978 STAA authorized $125 million for FY 1979, $150 million for FYs 1980-1981, and $200 million for FY 1982.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) expanded the Hazard Elimination program to make funds available for expenditure on any public road, except the Interstate system. The extension of eligibility applied to all unobligated Hazard Elimination funds. The 1982 STAA also provided $200 million per fiscal year for FY 1983 (reduced by the amount authorized by the Federal-aid Highway Act of 1982) and for FYs 1984-1986.
The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) authorized $170 million per fiscal year for each of FYs 1987-1991 for projects for the elimination of hazards under 23 U.S.C. 152.
The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) did not provide earmarked funds subsequent to FY 1991 for the Hazard Elimination Program. However:
- In not specifically revising 23 U.S.C. 152 or the definition of "construction" in 23 U.S.C. 101, the use of regular Federal-aid highway construction funds (i.e., those funds apportioned under 23 U.S.C. 104) continued to be considered eligible for the elimination of roadside hazards.
- It stipulated in Section 1007 (codified in 23 U.S.C. 133(d)(1)) that at least 10 percent of the funds apportioned to a State for the Surface Transportation Program (STP) must be used for carrying out the Hazard Elimination Program (23 U.S.C. 152) and the Rail-Highway Crossings Program (23 U.S.C. 130). (See "STP Set-Aside for Safety Improvements" in Part I of this guide).
The Transportation Equity Act for the 21st Century amended the Hazard Elimination Program to allow States to survey and correct hazards to motorists, bicyclists and pedestrians. It also removed the exception regarding use of funds for removal of hazards on the Interstate System.
Section 1113(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59) repealed the 10 percent safety set-aside from STP funds effective October 1, 2005. Section 1401 of SAFETEA-LU established the Highway Safety Improvemernt Program (HSIP) under 23 U.S.C. 148, and section 1101(a)(6) of SAFETEA-LU authorized funding for the HSIP for FYs 2006 through 2009.
ADDITIONAL INFORMATION: Contact the Office of Safety Programs (HSA-20) or the Office of Program Administration (HIPA).
High-Hazard Locations/Elimination Of Roadside Obstacles
Updated April 20, 2007
STATUS: INACTIVE Replaced by the Hazard Elimination program under provisions of the 1978 STAA.
PROGRAM CODES:
- 1450 - High Hazard Locations.
- 1460 - Elimination of Roadside Obstacles.
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1981)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula.
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: 23 U.S.C. 152 (subsequently amended) and 153 (subsequently repealed)
CFR REFERENCE: 23 CFR 924
ELIGIBILITY: N/A
BACKGROUND: The High-Hazard Locations/Elimination of Roadside Obstacles program was established by Section 202(7) of the Highway Safety Act of 1976 (Title II of Public Law 94-280) and authorizations were made for FYs 1977-1978. This program consolidated funding for the High-Hazard Locations Program and the Elimination of Roadside Obstacles Program.
Section 168 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) replaced this combined program with a new program called the Hazard Elimination Program. Section 152 of Title 23, U.S.C., was amended to reflect the new program and section 153 was repealed.
ADDITIONAL INFORMATION: Contact the Office of Safety Programs (HSA-20) or the Office of Program Administration (HIPA).
High-Hazard Locations
Updated April 20, 2007
STATUS: INACTIVE Incorporated into the High-Hazard Locations/Elimination of Roadside Obstacles program by the Highway Safety Act of 1976.
PROGRAM CODE: 1420
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: 23 U.S.C. 152 (Prior to 1978)
CFR REFERENCE: 23 CFR 924
ELIGIBILITY: N/A
BACKGROUND: The High-Hazard Locations Program was established by Section 209 of the Highway Safety Act of 1973 (Title II of Public Law 93-87) and authorizations were made for FYs 1974-1976. This program provided Federal funds for safety improvement projects on all Federal-aid systems, except the Interstate System, for the purpose of eliminating or reducing hazards at specific locations or sections of highways with high accident experiences or accident potential.
Section 202(7) of the Highway Safety Act of 1976 (Title II of Public Law 94-280) combined funding for this program and the Elimination of Roadside Obstacles program, and, in so doing, created the High-Hazard Locations/Elimination of Roadside Obstacles program.
Section 168 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) amended 23 U.S.C. 152 and replaced the combined program with a new program called the Hazard Elimination Program.
ADDITIONAL INFORMATION: Contact the Office of Safety Programs (HSA-20) or the Office of Program Administration (HIPA).
Highways Crossing Federal Projects
Updated April 20, 2007
STATUS: INACTIVE Repealed by 1987 STURAA.
PROGRAM CODES:
- 5820 - Washington HQs Use Only (Reappropriated Funds).
- 6430 - Construction.
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: FY + 2 years. Availability has expired.
FUND: General Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: 23 U.S.C. 156 (repealed)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: This program was initiated by the Federal-aid Highway Act of 1956 (Public Law 84-627) which authorized $100 million for the construction or reconstruction of public highways or bridges across Federal public works projects where there had been substantial changes in requirements and costs subsequent to authorization, and where such increased costs would work an undue hardship on the State. The legislative history identified two specific public works projects for this program, the Tennessee-Tombigbee Waterway in Alabama and Mississippi, involving the construction of 13 bridges, and the Oahe Reservoir in South Dakota, involving the rehabilitation of 2 bridges constructed by the Corps of Engineers in conjunction with earlier dam construction.
Section 132(a) of the Federal-aid Highway Act of 1976 (Public Law 94-280) codified this program in 23 U.S.C. 156, but it was later repealed by Section 126 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17).
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Hold Harmless
Updated April 20, 2007
STATUS: INACTIVE These funds were an adjustment to the Surface Transportation Program (STP), to be used as STP funds.
PROGRAM CODE: STP Codes
FEDERAL SHARE: 80 percent, same as STP
PERIOD AVAILABLE: FY + 3 Years, same as STP
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Section 1015(a) of the 1991 ISTEA established a legislative percentage that each State and the District of Columbia must receive each fiscal year. The percentage applied to the total funding that was distributed for Interstate Construction (IC), Interstate Maintenance (IM), Interstate Substitution (IS), National Highway System (NHS), STP, Congestion Mitigation and Air Quality Improvement (CMAQ), Bridge Program (HBRRP), Federal Lands, Minimum Allocation (MA), Interstate Reimbursement (when it became available in FY 1996), and Donor State Bonus (DSB). Each State that did not receive the established percentage received additional apportionments so that its total equaled the percentage.
TYPE OF AUTHORITY: Contract, same as STP
SUBJECT TO OBLIGATION LIMITATION: Yes, same as STP
STATUTORY REFERENCE: Section 1015(a) of the 1991 ISTEA (Public Law 102-240)
CFR REFERENCE: None
ELIGIBILITY: Hold Harmless funds were to be used as STP funds, except that one-half of the amount received by a State was not subject to the two set-asides or the sub-State distribution requirements of the STP.
BACKGROUND: The Hold Harmless category was authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). Section 1015(a) of the 1991 ISTEA established a legislative percentage each State must receive of the Nation's funding for each of FYs 1992-1997. The funding programs included in the adjustment process, which included apportionments and prior year allocations, were IC, IM, IS, NHS, STP, CMAQ, HBRRP, MA, Federal Lands, DSB, and Interstate Reimbursement. Additions were made to the STP apportionment so each State's total would reach the legislative percentage set forth in Section 1015(a)(2) of the 1991 ISTEA. Funds were to be used as if they were STP funds; however, one-half of the amount was not subject to the set-asides and sub-State distribution requirements of the STP. Also, the 90 percent guarantee and priority projects were not included in the Hold Harmless adjustment.
ADDITIONAL INFORMATION: Contact the Office of Finance and Budget (HABF).
Innovative Technologies (Federal Share Increase)
Updated April 20, 2007
STATUS: INACTIVE The original program has expired, but innovative technology activities continue under other programs (but Federal share increase is no longer available).
PROGRAM CODE: Same as source funds
FEDERAL SHARE: Normal Federal share plus 5 percent - see comments
PERIOD AVAILABLE: See comments
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: N/A - see comments
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: Section 142 of the STAA of 1982 (Public Law 97-424)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: In order to encourage and promote the utilization of highway materials which were produced from recycled materials or which contained asphalt additives to strengthen the
materials, prolong the life of the pavement, and lower maintenance costs, Congress authorized a Federal share increase of 5 percent for projects utilizing significant amounts of these materials [Section 142 of the Surface Transportation Assistance Act of 1982 (Public Law 97-424)].
The Federal share increase for such projects was for FYs 1983-1985 for any of the projects provided for in 23 U.S.C. 119, 120, and 144 if the State met requirements set forth in FHWA Notice N5080.98 dated April 6, 1983. The 5 percent increase was over and above the pro-rata share provided in the programs. The total Federal share could not, however, exceed 100 percent. In order to qualify, the technology could not already be in general use by the State. Instead it must have been in the innovative stage.
No special appropriation codes or project prefixes were used for the increased Federal share. Categories of funds which qualified for the increased Federal share were Bridge Replacement and Rehabilitation, Consolidated Primary, Interstate, Interstate 4R, Minimum Allocation, Primary 3R (through FY 1982), Primary 4R (FY 1984), Rural Secondary, Secondary 3R (through FY 1982), Secondary 4R (FY 1984), and Urban System (Attributable and Non-attributable).
The original Innovative Technologies program has expired. However, Section 117(f) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17) provided for a 5 percent increase in the Federal share (not to exceed 95 percent) for each of FYs 1987-1991 for any highway or bridge construction project in which materials produced from coal ash are used in significant amounts. This provision was not continued beyond FY 1991.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Interstate 4R
Updated April 20, 2007
STATUS: INACTIVE The 1991 ISTEA replaced Interstate 4R with the Interstate Maintenance (IM) Program for resurfacing, rehabilitation, and restoration, and with the National Highway System (NHS) Program for reconstruction.
PROGRAM CODE: 0440
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: 3 years (FY for which funds are authorized, 1 year prior, and 1 year after)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula set forth in 23 U.S.C. 104(b)(5)(B)
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 104(b)(5)(B), 118(b)(3), and 119. Section 1009 of the 1991 ISTEA.
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Interstate 3R Program was first established by the Federal-aid Highway Act of 1976 (Public Law 94-280) and provided for resurfacing, restoring, and rehabilitating lanes on the Interstate System which had been in use for more than five years and were not on toll roads. It was initially referred to as the "3R" Program and authorizations were made for FYs 1978 and 1979.
Section 116 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) made the Interstate 3R Program permanent as 23 U.S.C. 119, and required the States to develop an Interstate System maintenance program and certify annually that they were maintaining the system in accordance with the program. The Federal-aid Highway Act of 1981 (Public Law 97-134) expanded the Interstate 3R program to a 4R program with the addition of reconstruction as an eligible item. Work eligible for Interstate 4R funding included (a) the traditional restoration, rehabilitation, and resurfacing work; (b) work included in the 1981 Interstate Cost Estimate but no longer eligible for Interstate construction funding; and (c) other work on the Interstate System not previously eligible for Interstate construction funding. The 4R work eligibility still excluded maintenance work that was not eligible under the 3R Program. Interstate 4R funds were generally not eligible for use on Interstate toll roads, but could be used on Interstate toll roads if an agreement was reached with the State that the toll road would become free upon the collection of enough tolls to pay for the road and maintain it during the time tolls were collected. Interstate 4R funds were also made eligible for all Interstate routes designated under 23 U.S.C. 103 and 139(c), rather than just those in use for more than five years as specified in a previous act.
Section 218 of the Urgent Supplemental Appropriations Act of 1982 (Public Law 97-216) provided an alternative for the use of certain Interstate construction funds that were in danger of lapsing. It allowed the Secretary to approve the use of Interstate construction funds on projects for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System in accordance with the provisions of 23 U.S.C. 119, or for those purposes for which funds apportioned for the primary, secondary, and urban systems might be expended, in a State that had received no more than 1/2 percent of the total Interstate apportionment for FY 1983, where necessary in order to fully utilize Interstate System funds apportioned through FY 1982. All Interstate 4R projects authorized using this provision were identified using program code 0550.
Federal participation for the Interstate 4R Program oscillated with various legislative actions. The Federal share was 90 percent prior to November 6, 1978; 75 percent from November 6, 1978 to December 28, 1981; and 90 percent from December 29, 1981 forward.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) authorized $1.95 billion for the program for FY 1984 with the amount increasing each subsequent year to $3.15 billion for FY 1987.
The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) authorized $2.815 billion for each of FYs 1988-1992. Section 114 of the 1987 STURAA reduced the availability period for Interstate 4R funds from 4 years to 3 years (i.e., the FY for which funds are authorized, one year before, and one year after). Section 116 of the 1987 STURAA: (a) permitted all States, except Massachusetts, to transfer their Interstate construction apportionment to their Interstate 4R or primary apportionments, (b) permitted a State to transfer up to 20 percent of its Interstate 4R apportionment to the primary apportionment in any fiscal year without showing that the funds were in excess of Interstate 4R needs, and (c) codified toll agreement language into 23 U.S.C. 119.
In accordance with Section 1009 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), much of the previous Interstate 4R legislation was retained but the name was changed to "Interstate Maintenance Program." The resurfacing, rehabilitation, and restoration portions of the Interstate 4R Program were replaced by the IM Program and the reconstruction portion was replaced by the NHS Program under provisions in the 1991 ISTEA.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Interstate Gap Closing
Updated April 20, 2007
STATUS: INACTIVE Only applicable to FY 1978 and 1979 Interstate apportionments
PROGRAM CODE: 0450
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: 2 years (1 year prior to the FY and the FY itself -- availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: N/A - 30 percent earmarking of Interstate funds
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: Section 102(b) of the Federal-aid Highway Act of 1976 (Public Law 94-280)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 102(b) of the Federal-aid Highway Act of 1976 (Public Law 94-280) required that at least 30 percent of the Interstate apportionment made to each State for FYs 1978 and 1979 be expended for the construction of intercity portions which would close essential gaps.
Subsequent highway legislation has made no provisions for continuation of the gap closing requirement.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Interstate 1/2 Percent Minimum Apportionment
Updated April 20, 2007
STATUS: INACTIVE Discontinued effective October 1, 1991, under provisions contained in Section 1001(h) of the 1991 ISTEA.
PROGRAM CODE: 0500
FEDERAL SHARE: 75 percent share for primary, secondary, or urban system work; 90 percent share for I-4R or hazard elimination work
PERIOD AVAILABLE: Apportionments prior to October 1, 1989 were available for 2 years (one year prior to the FY designated and the FY itself). Apportionments on or after October 1, 1989 but ending before October 1, 1991 were available until expended.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Guaranteed amount.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 104(b)(1) of the STAA of 1978 (Public Law 95-599); Section 1001(h) of the 1991 ISTEA (Public Law 102-240)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 104(b)(1) of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) provided a guarantee that each State including Alaska would receive a minimum of 1/2 percent of the total Interstate apportionments for each of FYs 1980-1983 under 23 U.S.C. 104(b)(5)(A). The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) continued the program for FYs 1984-87, and the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) continued the program for fiscal years after 1987.
When such amounts apportioned exceeded the cost of completing the Interstate in a State, the excess could be used for Interstate 4R projects. If not needed for Interstate 4R work, the excess could be expended for primary, secondary, urban system, and hazard elimination projects within that State.
The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) discontinued the 1/2 percent minimum apportionment to States for Interstate construction, effective October 1, 1991. (Section 1001(h) of the 1991 ISTEA).
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Interstate Reimbursement
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES: None - Funds are transferred to each State’s apportionment of Surface Transportation Program (STP) funds.
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: FY + 3 Years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation - statutory formula with individual State factors set forth in the Reimbursement Table contained in 23 U.S.C. 160(c). The formula is based on a 1958 Congressionally-mandated study to determine the amounts each State should be reimbursed for Interstate routes, toll or free, which were constructed between 1947 and 1957, and were incorporated into the Interstate System. Each State receives at least 1/2 percent of the annual authorizations.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 160; Section 1014, ISTEA
CFR REFERENCE: None
ELIGIBILITY: Interstate Reimbursement funds lose their separate identify and are distributed as STP funds and may be used for any purpose for which STP funds may be used.
BACKGROUND: The Interstate Reimbursement Program was established by Section 1014 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) to reimburse the States for segments of the Interstate System constructed without Federal assistance. The reimbursement concept was an outgrowth of Section 114 of the Federal-Aid Highway Act of 1956 which directed the Bureau of Public Roads "to determine whether or not the Federal Government should equitably reimburse any State for a portion of a highway which is on the Interstate System, whether toll or free, the construction of which has been completed subsequent to August 2, 1947, or which is either in actual use or under construction by contract, for completion, awarded not later than June 30, 1957 ..."
The results of that study were reported to Congress on January 7, 1958, and identified $4.967 billion as the equitable reimbursement amount, split almost evenly between the non-Federal share of toll and free roads. This amount is shown is Section 1014 of ISTEA as the "Original Cost in Millions".
23 U.S.C. 160(d) provides that "the Secretary shall transfer amounts allocated to a State pursuant to this section to the apportionment of such State under Section 104(b)(3) for the Surface Transportation Program (STP). The provisions of 23 U.S.C. 133(d)(1), (2) and (3) do not apply to the transferred funds.
23 U.S.C. 160(f) authorized $2.0 billion annually for FYs 1996 and 1997 for the Interstate Reimbursement Program.
The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59) did not provide additional authorizations for this program.
ADDITIONAL INFORMATION: Contact the Office of the Chief Financial Officer (HCF) or the Office of Program Administration (HIPA).
Interstate Substitution
Updated April 20, 2007
STATUS: INACTIVE [TEA-21 removed this program from Title 23]
PROGRAM CODES:
- 5800, 7720, and 8230 - IX-Prior to FY 1984, from the General Fund
- 1770 - IX - FY 1984 and Subsequent Years, Apportioned Funds from the Highway Trust Fund.
- 1780 - IX - FY 1984 and Subsequent Years, Discretionary Funds from the Highway Trust Fund.
FEDERAL SHARE: 85%. These funds are not subject to the sliding scale rates for public land States.
PERIOD AVAILABLE:
Until Expended - FY 1995 funds apportioned for substitute highway projects and FY 1993 funds apportioned for substitute transit projects. [23 U.S.C. 103(e)(4)(E)(i), in effect prior to TEA-21]
FY + 1 Year - Funds apportioned prior to the above years. Unobligated funds are withdrawn and reapportioned among other States, except when an amount by itself is not sufficient to pay the Federal share of the cost of a substitute project. [23 U.S.C. 103(e)(4)(E)(i), in effect prior to TEA-21]
FUND: General Fund and Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - In accordance with adjusted cost estimates. The Secretary (a) adjusted such estimates annually, (b) used the Federal share of adjusted estimates of remaining substitute highway funds needed in making apportionments for substitute highway projects for FY’s 1992-1995, and (c) used the Federal share of adjusted estimates of remaining substitute transit needs in making apportionments for substitute transit projects for FY’s 1992-1993. [23 U.S.C. 103(e)(4)(H) & (J), in effect prior to TEA-21]
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 103(e)(4) [repealed by Section 1106(b) of TEA-21 (Public Law 105-178)]
CFR REFERENCE: 23 CFR 476 [repealed]
ELIGIBILITY: Projects eligible for Interstate Substitution (IX) funding included:
- Highway construction projects on any public road which will serve the area or areas from which the Interstate route or portion thereof was withdrawn.
- Public mass transit projects involving the construction of fixed rail facilities and/or the purchase of passenger equipment including rolling stock which will serve the area or areas from which the Interstate route or portion thereof was withdrawn.
BACKGROUND:
The Interstate Substitution (IX) Program was established by Section 137(b) of the Federal-aid Highway Act of 1973 (Public Law 93-87). It authorized, upon the request of the Governor and local government officials, the withdrawal of certain urban segments of the Interstate System and the substitution of public transit projects in or serving the same urbanized areas. It was codified in 23 U.S.C. 103(e)(4). Later amendments allowed the funding of substitute highway projects.
Initial authorizations for this program, through FY 1979, were available with contract authority and a 70% Federal share. The Federal-aid Highway Act of 1978 (Public Law 95-599) changed the Federal participation to 85% and established a September 30, 1986, deadline for substitute projects to be under construction or under contract for construction. A subsequent amendment rescinded available contract authority and required that all funds for substitute projects be appropriated. These projects were funded out of the General Fund (Appropriation codes 5800, 7720, and 8230). Subsequently, the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) provided that future projects be funded out of the Highway Trust Fund.
Section 107 of the 1982 STAA provided authorizations through FY 1986 and reinstated contract authority. It also limited the period of availability to 2 years. At the end of the 2 year period, unobligated funds were to be redistributed to States that had obligated their funds. Beginning in FY 1984, funds were directed to be redistributed such that 25% were allocated on a discretionary basis and 75% were apportioned on the basis of special cost estimates (Appropriation codes 1780 and 1770, respectively). Also eligible routes for Interstate withdrawal were expanded to rural areas.
Section 103 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) provided authorizations of $740 million per year for highway substitute projects from the Highway Trust Fund for FY’s 1987-1991 (75% apportioned and 25% discretionary); provided authorizations of $200 million per year for substitute transit projects from general revenue funds for FY’s 1987-1991 (50% apportioned and 50% discretionary); eliminated the deadline for putting substitute projects under construction; made highway projects on any public road eligible as highway substitute projects; and required the Secretary of Transportation, if right-of-way for a withdrawn section had not been disposed of, to hold in reserve an amount equal to that expended on the right-of-way until the funds were repaid or the Secretary determined that repayment was not required. This provision did not apply in any year where the projected apportionment and allocation for future years exceeded the amount expended for such right-of-way.
The Interstate Substitution program was continued by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), dated December 18, 1991.
Section 1011(a)(1)(B) of the 1991 ISTEA authorized $960 million to be appropriated out of the Highway Trust Fund over a 4-year period for substitute highway projects (i.e., $240 million for each of FY’s 1992-1995). In addition, Section 3025 of the 1991 ISTEA authorized $160 million for FY1992 and $164,843,000 for FY 1993 to be appropriated out of the General Fund for substitute transit projects.
The 1991 ISTEA also:
- Provided that substitute highway funds may be obligated for substitute transit projects.
- Eliminated the distribution of discretionary funds consisting of 25 percent for highway funds and 50 percent for transit funds. All funds authorized were then apportioned in accordance with estimates of the cost to complete and were adjusted annually.
Section 1106(b) of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178, June 9, 1998) eliminated the Interstate Substitution program from title 23, with its amendment of 23 U.S.C. 103.
Section 1106 of TEA-21 also provided that unobligated balances of Substitute Highway funds apportioned to a State under 23 U.S.C. 103(e)(4)(H), as in effect on the day before the enactment of TEA-21, shall be available for obligation by the State under the laws, regulations, policies, and procedures relating to the obligation and expenditure of the funds in effect on that date. This was just a restatement of existing law at the time.
ADDITIONAL INFORMATION: Additional information may be obtained from the Office of Program Administration (HIPA).
Junkyard Control
Updated April 20, 2007
STATUS: INACTIVE For all practical purposes the categorical program has ended. Screening of junkyards is generally not eligible for funding with regular Federal-aid construction funds, but may possibly be eligible under certain circumstances incidental to the construction of an eligible project or as a transportation enhancement activity (landscaping and other scenic beautification)
PROGRAM CODES:
- 656 -- FY 1966 funds
- 657 -- FY 1967 funds
- 659 -- FYs 1970-1973 and 1975 funds
- 65A -- Deobligated and recovered 659 funds
- 689 -- FY 1977 and subsequent year funds
FEDERAL SHARE: Same as source funds. Was 75 percent for categorical projects.
PERIOD AVAILABLE: Same as source funds. Relative to the categorical projects, codes 689 and 65A were available until expended, and codes 656, 657, and 659 have lapsed. (deobligated 659 funds were recovered as 65A funds through the Washington Office).
FUND: Same as source funds. Was General Funds for categorical projects.
FUND DISTRIBUTION METHOD: Same as source funds. Categorical funds were allocated.
TYPE OF AUTHORITY: Same as source funds. The categorical funds were subject to Appropriated Budget Authority for the 689 funds, and Contract Authority for the 656, 657, and 659 funds.
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 136
CFR REFERENCE: 23 CFR 751
ELIGIBILITY: A State may use any funds apportioned to it under 23 U.S.C. 104 for the screening of any lawfully established but now nonconforming junkyards as part of its transportation enhancement activities.
BACKGROUND: The Junkyard Control Program was a discretionary program funded by allocations to the Regional Office from the Headquarters Office of Right-of-Way. The Regional Administrator was authorized to make suballocations to the Divisions.
This program was established by the Highway Beautification Act of 1965 (Title II of Public Law 89-285), which provided authorizations for FYs 1966 (code 656) and 1967 (code 657). Authorizations (659) were included in the Federal-Aid Highway Act of 1970 for FYs 1970-1973 and the Federal-Aid Highway Amendments of 1974 for 1975 (all code 659), with obligational authority for this fund available from FY 1969 through and including FY 1977.
The Federal-aid Highway Act of 1976 (Public Law 94-280) changed the period of availability for FY 1976 and prior years' funds to the FY and three years thereafter. Therefore, the 659 funds lapsed at the end of FY 1978. During the period October 1, 1978, through December 18, 1985, deobligated funds were only available to cover legitimate project overruns.
The 1975 Budget Act removed contract authority from General funded programs. Hence, a new appropriation code (code 689) was created for FY 1977 and subsequent years' funds, including funds authorized for FYs 1977-1978 by the 1976 Act, which was independent of the 659 contract authority funds. The 689 funds could not be used to offset overruns on junkyard control projects utilizing 659 funds.
The Continuing Appropriations Act for FY 1986 (Public Law 99-190) provided that funds deobligated subsequent to December 18, 1985, were available until expended. These deobligations were controlled by the Associate Administrator for ROW and Environment and had to be reallocated in order to be used. They were available for new Junkyard Control projects under appropriation code 65A, but were not available to cover overruns on 659 projects. Overruns on 659 projects could be covered with lapsed 659 funds which were deobligated prior to December 19, 1985.
ADDITIONAL INFORMATION: Contact the Office of Real Estate Services (HERE).
Long-Term Monitoring (LTM)
Updated April 20, 2007
STATUS: INACTIVE This program is no longer being funded with categorical funds; however, participating States are expected to commit additional State funds and/or Federal-aid SPR funds to continue the intent of the program.
PROGRAM CODE: Same as source funds. 943 for categorical funds.
FEDERAL SHARE: Same as source funds. 100 percent for categorical funds.
PERIOD AVAILABLE: Same as source funds. Until obligated, but could be administratively withdrawn and reallocated, for categorical funds.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Same as source funds, Highway Trust Fund. Appropriated Budget for categorical funds.
SUBJECT TO OBLIGATION LIMITATION: Same as source funds. No for categorical funds.
STATUTORY REFERENCE: Section 506 of the Surface Transportation Assistance Act of 1978 (Public Law 95-599).
CFR REFERENCE: None
ELIGIBILITY: State Planning and Research (SPR) funds may be used for LTM activities.
BACKGROUND: The LTM Program was initially part of the Highway Cost Allocation Study mandated by Section 506 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599). The Congress appropriated special funds for this program, $200,000 per State. These funds were to be used for pavement monitoring efforts to supplement the State's on-going pavement monitoring program.
The program is no longer being funded; however, participating States are expected to commit additional State funds and/or Federal-aid funds (i.e., State Planning and Research Funds) to continue the program.
ADDITIONAL INFORMATION: Contact the Office of Pavement Technology (HIPT).
Minimum Allocation -- 90 Percent
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 160 -- MA-85 percent, FY 1991 and Prior Years
- 34A -- MA-90 percent, Any Areas
- 34B -- MA-90 percent, Urbanized Areas with >200,000 Population
- 34C -- MA-90 percent, Areas <200,000 Population
- 34D -- MA-90 percent, Mandatory for Non-Urban Areas
- 34E -- MA-90 percent, Metropolitan Planning
- 34F -- MA-90 percent, State P&R
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: In FYs 1992-1997, each State was guaranteed an amount so that its percentage of total apportionments in each fiscal year of Interstate Construction (IC), Interstate Maintenance (IM), Interstate Substitution (IX), National Highway System (NHS), Surface Transportation Program (STP), Highway Bridge Replacement And Rehabilitation Program (HBRRP), Scenic Byways, and Safety Belt and Motorcycle Helmet grants and allocations from any of these programs received in the prior year would not be less than 90 percent of the percentage of estimated contributions to the Highway Trust Fund. The contributions were based upon the latest year for which data was available.
AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: 23 U.S.C. 157(a)and(b) (repealed)
CFR REFERENCE: None
ELIGIBILITY: The 90 percent MA funds may be used for IC, IM, IX, NHS, STP, HBRRP, and Congestion Mitigation and Air Quality Improvement projects, and also for metropolitan planning (PL) activities (not to exceed 1/2 percent of the MA funds apportioned to a State) and for State Planning and Research (SPR) activities (not to exceed 1-1/2 percent of the MA funds apportioned to a State). One-half of the amount distributed to each State is subject to the sub-State distribution rules of the STP contained in 23 U.S.C. 133(d)(3). The other half may be used in any areas.
BACKGROUND: Section 150 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) established a minimum allocation program for FYs 1983-1986 to ensure that all States would receive apportionments in each fiscal year for Interstate, Interstate 4R, Interstate Substitute, Primary, Secondary, Urban, HBRRP, Hazard Elimination, and Railroad programs that were at least 85 percent of the percentage of estimated Highway Trust Fund contributions. Interstate 4R was not specifically mentioned in the legislation, but was considered to be part of the Interstate category.
Section 124 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) (a) made permanent the minimum allocation provision established in the 1982 STAA; (b) revised the calculation procedure; and (c) permitted States to use 1/2 percent of their minimum allocation funds for Metropolitan Planning (PL) activities and 1-1/2 percent for Highway Planning and Research (HPR) activities.
Section 1013 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) amended 23 U.S.C. 157(a)and(b) and guaranteed each State a 90 percent minimum allocation.
The Transportation Equity Act for the 21st Century did not reauthorize the minimum allocation funds. Instead it established a similar category, Minimum Guarantee, which guarantees a return to the States of 90.5 percent of their percentage contribution of highway taxes to the Highway Trust Fund.
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
National Corridor Planning And Development Program (See also Coordinated Border Infrastructure Program)
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Sections 1101(a)(9) and 1118 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178)
CFR REFERENCE: None
ELIGIBILITY: Allocations are made to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. Allocations may be made for conducting feasibility studies, comprehensive corridor planning and design, location and routing studies, multistate and intrastate coordination for corridors, and after review of a development and management plan for the corridor or a useable segment, environmental review and construction.
Eligible corridors consist of:
- high priority corridors identified in Section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), and
- any other significant regional or multistate highway corridor selected after consideration of:
- the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State has increased since NAFTA and is projected to increase,
- the extent to which commercial vehicle traffic in each State has increased since NAFTA, and is projected to increase,
- the extent to which international truck-borne commodities move through each State,
- the reduction in travel time through major international gateway or port as a result of the proposed project,
- the extent of leveraging of Federal funds by innovative financing or other funds provided under Title 23, or other sources of funds,
- the extent of impact on value of commercial cargo due to border congestion, and
- encouragement of major multistate or regional mobility or economic growth in areas undeserved by existing infrastructure.
BACKGROUND: The TEA-21 authorized $140 million for each of FYs 1999-2003 for the National Corridor Planning and Development and the Coordinated Border Infrastructure Programs. It provided eligibility criteria and a definition of Corridor Development and Management Plan.
This program was replaced by the National Corridor Infrastructure Improvement Program by Section 1302 of the Safe Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA-LU, Public Law 109-59).
ADDITIONAL INFORMATION: Contact the Office of Interstate and Border Planning (HEPI).
National High-Speed Ground Transportation Technology Demonstration Program
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: N/A (FRA gets the funds directly from the Highway Trust Fund. The FRA appropriation code is X552).
FEDERAL SHARE: 80 percent
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund and General Funds
FUND DISTRIBUTION METHOD: Cooperative Agreement
TYPE OF AUTHORITY: Contract for Highway Trust funds and Appropriated Budget for General Funds.
SUBJECT TO OBLIGATION LIMITATION: Yes, for the Highway Trust Fund portion.
STATUTORY REFERENCE: 49 U.S.C. 309; Section 1036(c) of the 1991 ISTEA
CFR REFERENCE: None
ELIGIBILITY: To fund selected projects that demonstrate new technologies related to any high-speed ground transportation projects already under construction or in operation.
BACKGROUND: The National High-Speed Ground Transportation Technology Demonstration Program was established in Section 1036(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991. "High-Speed Ground Transportation," was added to Title 49, U.S. Code (49 U.S.C. 309).
This high speed ground transportation demonstration program provides $25 million from the Highway Trust Fund and $150 million from General Funds as shown below:
- Section 1036(d)(1)(B) of the 1991 ISTEA authorized $25 million out of the Highway Trust Fund ($5 million for each of FYs 1993-1997) for the national high-speed ground transportation technology demonstration program under 49 U.S.C. 309. However, the $5 million authorized for FY 1997 was later rescinded.
- Section 1036(d)(2)(B) of the 1991 ISTEA authorized $25 million to be appropriated out of General Funds for each of FYs 1992-1997 for the national high-speed ground transportation technology demonstration program under 49 U.S.C. 309. No General Funds were ever appropriated for this project.
Highway Trust Funds [Section 1036(d)(1)(B)] were used to develop and test a high speed gas turbine locomotive for non-electrified high speed rail, test an in-cab grade crossing warning system, develop a deploy able grade crossing barrier with an impact attenuator, and develop a low cost grade separation.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
National Highway System High Priority Corridor Feasibility Study Discretionary Program
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES: 0AH0, 3620, 3630, 3640, 36C0 and 36D0
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: Section 1105 of the 1991 ISTEA; Section 332 of the 1995 NHS Act
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: In order to serve the travel and economic development needs of regions of the Nation not adequately served by the Interstate System or comparable highways, Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) identified 21 High Priority Corridors to be included in the National Highway System. Section 332 of the National Highway System Designation Act of 1995 (1995 NHS Act, Public Law 104-59) added 8 corridors bringing the total number of High Priority Corridors to 29. Subsequent legislation has amended section 1105(c) of ISTEA to significantly increase the number of these High Priority Corridors.
Section 1105(h) of ISTEA authorized $8 million per fiscal year for FYs 1992 - 1997 from the Highway Trust Fund for feasibility and design studies on those corridors for which such studies had not been prepared. Feasibility and design study projects were selected for funding after evaluation of candidate projects submitted by the States. All of the available funds have been distributed to the States.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
National Magnetic Levitation (MAGLEV) Prototype Development Program
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE:
FEDERAL SHARE: 75 percent - 90 percent
PERIOD AVAILABLE: Until Expended
FUND: Highway Trust Fund and General Fund
FUND DISTRIBUTION METHOD: Contracts and Grants.
TYPE OF AUTHORITY: Contract for Highway Trust Funds and Budget for General Funds
SUBJECT TO OBLIGATION LIMITATION: Yes, the Highway Trust Fund portion
STATUTORY REFERENCE: Section 1036(b) of the 1991 ISTEA (Public Law 102-240)
CFR REFERENCE: None
ELIGIBILITY: MAGLEV funds are available for research and development leading to a detailed design for a prototype MAGLEV system, and eventual development of a selected design into a full-scale prototype.
BACKGROUND: The National Magnetic Levitation (MAGLEV) Prototype Development Program was established in Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991.
The MAGLEV Program was authorized at $725 million. Section 1036(d)(1)(A) of the 1991 ISTEA authorized $500 million from the Highway Trust Fund over a six year period. All of the authorized Highway Trust Funds were subsequently rescinded.
Section 1036(d)(2)(A) of the 1991 ISTEA authorized $225 million to be appropriated out of the General Fund for FYs 1992-1997. These funds were to be directed toward the development of one prototype MAGLEV project, selected from applicants across the Nation. As of August 1997, $39 million in General Funds had been appropriated and used for a system concept definition study and follow-up research.
ADDITIONAL INFORMATION: Contact the Office of Intermodal and Statewide Programs (HESP) or the Federal Railroad Administration, Office of Railroad Research and Development (HDV2).
National Ridesharing Demonstration
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 244 - UMTA Section 6 funds
- 944 - FHWA GOE funds.
FEDERAL SHARE: See comments
PERIOD AVAILABLE: The 944 funds were available only during FY 1979. The 244 funds were available only during FYs 1979-1981.
FUND: Highway Trust Fund/General Funds
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: None
CFR REFERENCE: None
ELIGIBILITY: See Below
BACKGROUND: The U.S. Department of Transportation, through its authority to use funds available to the Department and its modal agencies for research purposes, established the National Ridesharing Demonstration Program in March 1979. FHWA and UMTA pooled available funds to provide $2 million for 17 demonstration projects. These funds were centrally controlled by FHWA Headquarters. All of the funds were reserved or obligated for specific projects.
All project related activities eligible for funding under the Federal-aid carpool and vanpool program were eligible expenses under this demonstration program. The demonstration funds could be used to reimburse eligible expenses provided that:
- For every $1 of demonstration funds, $2 of other funds (combination of Federal-aid Primary, Secondary and Urban System funds or UMTA Section 5 funds and the local match, 10 percent or 25 percent) were committed to the project.
- Demonstration funds generally did not exceed $250,000 per project.
ADDITIONAL INFORMATION: Contact the Office of Travel Management (HOTM).
National Ridesharing Discretionary Program
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 172 and 174 - Grants and loans
- 171 and 175 - Technical assistance
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: The 174 and 175 funds are available until expended. The 171 and 172 funds have lapsed.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: Section 126 of the 1978 STAA
CFR REFERENCE: None
ELIGIBILITY: See Below
BACKGROUND: This program was established by Section 126 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) and referred to as the "National Ridesharing Discretionary Program." It authorized the Secretary of Transportation to make funds available for grants and loans to States, counties, municipalities, metropolitan planning organizations, and other units of local and regional government to promote commuter modes of transportation which would conserve energy, reduce pollution, and reduce traffic congestion. Grants were awarded to assist public and private employers and employees establish carpool and vanpool programs, to assist local and State governments in encouraging the removal of legal and regulatory barriers to carpool and vanpool programs, to support existing carpool and vanpool programs, and to provide technical assistance for the purpose of increasing participation in such modes. Grants could not be used for the purchase or lease of vehicles.
Congress appropriated $3 million for these purposes in November 1979 (codes 171 and 172) and another $3 million in July 1980 (codes 174 and 175). Projects were submitted to, selected by, and administered by FHWA Headquarters.
ADDITIONAL INFORMATION: Contact the Office of Travel Management (HOTM).
Non-Urbanized Public Transportation
Updated April 20, 2007
STATUS: INACTIVE Transferred to UMTA effective October 1, 1983
PROGRAM CODES:
- 7700 - 1981 and Subsequent Years, General Fund, Non-operating and Operating Expenses
- 7710 - 1981 and Subsequent Years, General Fund, Program Administration and Technical Assistance
- 7860 - 1983, HTF, Non-operating Expenses
- 7870 - 1983, HTF, Program Administration and Technical Assistance
- 8810 - 1980 and Prior Years, General Fund, Non-operating and Operating Expenses
- 8820 - 1980 and Prior Years, General Fund, Program Administration and Technical Assistance
FEDERAL SHARE: 80 percent for construction and 50 percent for operating expenses for codes 7700 and 8810; 100 percent (limited to 15 percent of apportionment) for codes 7710, 7870, and 8820; and 80 percent for construction for code 7860.
PERIOD AVAILABLE: FY + 2 years (lapsed funds reapportioned among other States)
FUND: General Funds and Highway Trust Fund - see appropriation codes above
FUND DISTRIBUTION METHOD: Apportionment in accordance with a statutory formula set forth in the 1964 UMTA Act. (See Section 313 of the 1978 STAA)
TYPE OF AUTHORITY: Appropriated Budget
STATUTORY REFERENCE: Section 313 of the 1978 STAA
CFR REFERENCE: 23 CFR 825
ELIGIBILITY: N/A
BACKGROUND: Section 313 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) amended the Urban Mass Transportation Act of 1964 by adding Section 18 entitled "Formula Grant Program For Areas Other Than Urbanized Areas." Funds made available under Section 18 could be used for capital and operating assistance to State agencies, nonprofit organizations, and operators of public transportation services. Up to 15 percent of the State apportionment could be used for State administrative and technical assistance activities. Eligible items included transit passenger facilities, bus purchases, administrative expenses (State and project), and operating expenses.
This program, jointly implemented by FHWA and Urban Mass Transit Administration (UMTA), was administered by FHWA through the Division Offices, with the advice and consultation of UMTA.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) authorized funds for this program out of the Mass Transit Account of the Highway Trust Fund beginning in FY 1983. Previously all funds were from the General Funds. The Highway Trust Fund money was made available for projects for capital expenditures and State highway agency administration of the program, but was not available for operating expenditures. The provision that 15 percent of the apportionment could be used for administration and technical assistance was continued. New appropriation codes (7860 and 7870) were established to account for the trust fund appropriations. General Funds appropriations continued to be controlled by codes 7700 and 7710.
Although separate codes were used to control each years' funds, the two codes were combined to determine lapse. Therefore, obligations from one code could be used to protect funds in the other category from lapsing.
Section 316 of the 1982 STAA also amended the Urban Mass Transportation Act of 1964 by changing the period of availability from 3 years to 2 years.
Administration of this program was transferred to UMTA, effective October 1, 1983.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Off-System Roads
Updated April 20, 2007
STATUS: INACTIVE Merged into the Safer Off-System Roads program by the Federal-aid Highway Act of 1976.
PROGRAM CODE: 627
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: General Funds
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Appropriated Budget
STATUTORY REFERENCE: 23 U.S.C. 219 (Repealed)
CFR REFERENCE: 23 CFR 922 (Repealed)
ELIGIBILITY: N/A
BACKGROUND: Section 122 of the Federal-aid Highway Amendments in 1974 (Public Law 93-643) established the Off-System Roads program. It was codified at 23 U.S.C. 219. Funds were authorized for FY 1976 only. Roads and bridges eligible for improvement under this program could not be on any Federal-aid highway system, had to be toll free, had to be located in a rural area, had to be under the jurisdiction of and maintained by a public authority, and had to be open to public travel.
Section 135(a) of the Federal-aid Highway Act of 1976 (Public Law 94-280) amended 23 U.S.C. 219 by substituting new wording to combine the Off-System Roads program with the Safer Roads Demonstration program under the title Safer Off-System Roads.
Off-System Roads funds were available until they were obligated or lapsed, and were to be used prior to any use of the new Safer Off-System Roads funds. The period of availability for the Off-System Roads funds expired September 30, 1979; therefore, unobligated funds lapsed.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS).
Pavement Marking Demonstration Program
Updated April 20, 2007
STATUS: INACTIVE The categorical Pavement Marking Demonstration Program (PMDP) was repealed by the 1987 STURAA.
PROGRAM CODE: 140
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1984)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: 23 U.S.C. 151 (Repealed)
CFR REFERENCE: 23 CFR 655.607
ELIGIBILITY: N/A
BACKGROUND: The PMDP was established by Section 205 of the Highway Safety Act of 1973 (Title II of Public Law 93-87) and codified in 23 U.S.C. 151. This program provided Federal funds for pavement markings on all highway systems (on or off the Federal-aid system), except the Interstate System. Priority was given to projects in rural areas. Funding was authorized for FYs 1974-1976.
The Highway Safety Act of 1976 (P.L. 94-280) authorized funds for FYs 1977-1978. The Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) authorized funds for FYs 1979-1981. This Act amended the PMDP to provide that unobligated amounts at the end of the fiscal year following the fiscal year for which authorized must lapse and be reallocated among the other States. Funds have not been specifically authorized for this program since FY 1981; thus, funding expired September 30, 1984.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) provided an incentive for using primary, secondary, and urban system funds for pavement marking projects by permitting a Federal share of up to 100 percent to be authorized. Hazard Elimination funds could also be used for pavement marking projects.
The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) repealed 23 U.S.C. 151 relative to the PMDP.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS).
Priority Primary Discretionary
Updated April 20, 2007
STATUS: INACTIVE Discontinued program. Discretionary funds were last made available in FY 1983. To continue the intent of the program, regular Federal-aid system funds were available for use at a higher Federal share, prior to the 1991 ISTEA, for priority primary projects designated in Congressional legislative history. The 1991 ISTEA repealed this provision.
PROGRAM CODE: 0710
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1986)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: 23 U.S.C. 147 [Amended by Section 1801(a) of SAFETEA-LU to be the Construction of Ferry Boats and Ferry Terminal Facilities Program, thus deleting Priority Primary Routes from Title 23]; 23 U.S.C. 120(k) (repealed)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Priority Primary Program was established by Section 126 of the Federal-aid Highway Act of 1973 (Public Law 93-87), which authorized funds for FYs 1974-1976. It was codified in Section 147 of Title 23. Priority primary routes were defined as high traffic sections of primary highways which connect to and supplement the service provided by the Interstate System. The Federal-aid Highway Act of 1976 (Public Law 94-280) combined the funding for the Priority Primary Program with the Rural Primary and Urban Primary Extensions programs in creating a new category of funding identified as Consolidated Primary.
At the same time, however, discretionary funds were made available for priority primary routes by Sections 105(c)(1) and (2) of the 1976 Act, which provided that $50 million of the sums authorized for each of FYs 1977-1978 for use on the Priority Primary routes would not be apportioned. Rather, these funds would be available for obligation at the discretion of the Secretary of Transportation for projects of unusually high cost which would require long periods of time for construction. Although discretionary, these funds were allocated only for projects with a legislative history. If these specified funds were not obligated by October 1, 1977, and October 1, 1978, respectively, they were to be apportioned in accordance with the Priority Primary formula and be available for obligation for the same period as such apportionment previously made for the applicable fiscal year.
Section 104(c) of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) specified that $125 million of the amounts authorized for the Primary System for each of the FYs 1979-1982 were not to be apportioned and were to be available for obligation at the discretion of the Secretary of Transportation for priority primary projects of unusually high cost or which would require long periods of time for construction. Any part of this discretionary fund not obligated by the end of the fiscal year for which authorized was to be apportioned and used with the next year's Primary System apportionments.
The Surface Transportation Assistance Act of 1982 (Public Law 97-424) provided discretionary funds for FY 1983 under the same provisions as described under the 1978 Highway Act.
Discretionary funds were not authorized after the 1982 Act; however, to continue the development of certain priority primary routes, Section 117(c) of the 1982 Act added a new Section 120(j) to Title 23 which made provisions for continuing projects designated in Committee Print 97-61 of the Committee on Public Works and Transportation of the House of Representatives using regular Federal-aid system funds at a 95 percent Federal share. The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) changed Section 120(j) of Title 23 to Section 120(k) and added projects to the listing of priority primary projects that are eligible for a Federal share of 95 percent by changing the above mentioned Committee Print 97-61 to Committee Print 100-3. Section 120(k) was repealed by Section 1021(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991.
Section 1801(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59) amended 23 U.S.C. 147 to establish the Construction of Ferry Boats and Ferry Terminal Facilities program, thus deleting the Priority Primary Routes program from title 23.
ADDITIONAL INFORMATION: Contact the Office of Office of Program Administration (HIPA).
Priority Primary
Updated April 20, 2007
STATUS: INACTIVE Incorporated into the Consolidated Primary Program.
PROGRAM CODE: A120
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
STATUTORY REFERENCE: 23 U.S.C. 147 [Amended by Section 1801(a) of SAFETEA-LU to be the Construction of Ferry Boats and Ferry Terminal Facilities Program, thus deleting Priority Primary Routes from Title 23]
CFR REFERENCE: 23 CFR 470 [Subsequently revised to reflect current Federal-aid Systems]
ELIGIBILITY: N/A
BACKGROUND: The Priority Primary Program was added by Section 126(a) of the Federal-aid Highway Act of 1973 (Public Law 93-87), which authorized funds for FYs 1974-1976. This program provided for priority improvements to high traffic sections of the Primary System which connect to the Interstate System.
Section 105(c) of the Federal-aid Highway Act of 1976 (Public Law 94-280) combined the funding for the Priority Primary Program with the Rural Primary and Urban Primary Extensions programs and created a new category of funding identified as "Consolidated Primary".
Section 1801(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59) amended 23 U.S.C. 147 to establish the Construction of Ferry Boats and Ferry Terminal Facilities program, thus deleting the Priority Primary Routes program from title 23.
ADDITIONAL INFORMATION: Contact the Office of Office of Program Administration (HIPA).
Rail Crossings Demonstration (Northeast Corridor)
Updated April 20, 2007
STATUS: INACTIVE All work has essentially been completed.
PROGRAM CODES:
- 693 - Funds available under 23 U.S.C. 322
- 824 - Funds transferred from FRA for private crossings
- 853 - Funds transferred from FRA for public crossings
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended
FUND: General Funds and Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: No
STATUTORY REFERENCE: 23 U.S.C. 322 (repealed by section 133(e)(1) of the 1987 STURAA)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Northeast Corridor Program was created by Section 205 of the Federal-aid Highway Act of 1970 (Public Law 91-605) and codified in 23 U.S.C. 322. Its purpose was to eliminate all public railroad-highway grade crossings along the Northeast Corridor (NEC) route between Boston and Washington. Also included with the NEC in the Act was a provision to consolidate and relocate railroads in Greenwood, South Carolina. Appropriations were authorized to be made from the Highway Trust Fund and from the General Funds.
Originally, 49 public crossings were scheduled to be eliminated in Maryland, Delaware, Connecticut, Rhode Island, and Massachusetts. However, the Federal-aid Highway Amendments of 1974 amended Section 322 to permit 5 crossings in Connecticut to remain at-grade if protected by the best possible warning devices (i.e., flashing light signals and automatic gates), and the 1980 DOT appropriations act allowed 2 more crossings in Connecticut to remain at-grade. Hence 42 crossings remained to be eliminated.
The share payable for these projects was originally set at 80 percent Federal, 10 percent State, and 10 percent Railroad for projects not on a Federal-aid system, and 90 percent Federal, 10 percent Railroad for projects on a Federal-aid system. However, the 1978 DOT appropriations act waived the State/Railroad shares, effectively increasing the Federal share for projects to 100 percent.
Title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 210, the 4R Act) made provisions for the elimination of private crossings (i.e., 19 private crossings) along the NEC. The Federal Railroad Administration (FRA) transferred funds to the FHWA which in turn were allocated to the States on a needs basis. A memorandum of understanding was entered into by the FRA and FHWA on June 14, 1977, which provided for the FHWA to administer the program for the FRA through the various State's in accordance with established FHWA procedures.
Section 133(e)(1) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) repealed 23 U.S.C. 322.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS).
Rail-Highway Crossings 203 Program
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 138 -- Elimination of Hazards, FY 1991 and Prior Years
- 139 -- Protective Devices, FY 1991 and Prior Years
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment based upon the statutory formula in 23 U.S.C. 130(f)
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 130(d-h)
CFR REFERENCE: 23 CFR 646B
ELIGIBILITY: Funds were used for the elimination of hazards of rail-highway crossings, including (a) the separation or protection of grades at crossings, (b) the reconstruction of existing railroad grade crossing structures, (c) the relocation of highways to eliminate grade crossings, and (d) the relocation of a portion of a railway if the cost is less than (a), (b), or (c). The use of these funds was limited to public crossings located on the Federal-aid systems and later changed to mitigate hazards at rail-highway crossings on any public road.
BACKGROUND: The Rail-Highway Crossings program was established by Section 203 of the Highway Safety Act of 1973 (Public Law 93-87), which authorized funds for projects on the Federal-aid highway systems for FYs 1974-1976. The 1973 Act stipulated that at least one-half of the funds had to be made available for the installation of protective devices at rail-highway grade crossings (code 139).
The Highway Safety Act of 1976 (Public Law 94-280) continued the program by authorizing funding for FYs 1977-1978. This Act also established a separate off-system program.
The Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) consolidated the on-system and off-system programs and authorized funds for FYs 1979-1982. Funds were totally from the Highway Trust Fund and were available for projects on any public road.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) extended this program for FYs 1983-1986.
The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) extended the rail-highway crossings program for FYs 1987-1991, codified the program in 23 U.S.C. 130(d-h), and repealed Section 203 of the 1973 and subsequent highway acts.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS).
Rail-Highway Crossings--Off-System
Updated April 20, 2007
STATUS: INACTIVE Merged with the categorical on-system program by the STAA of 1978 (Public Law 95-599)
PROGRAM CODES:
- 685 - Elimination of Hazards
- 686 - Protective Devices
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1981)
FUND: General Funds
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 203 of the Highway Safety Act of 1976
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: This program was established by Section 203 of the Highway Safety Act of 1976 (Public Law 94-280), which added separate authorizations for rail-highway crossings projects not on any Federal-aid system (i.e., off-system projects) to Section 203 of the Highway Safety Act of 1973 (Public Law 93-87). Funds were authorized for the transition quarter and for FYs 1977 and 1978.
At least 50 percent of the off-system funds had to be used for the installation of protective devices (code 686), and the remainder for the elimination of hazards (code 685).
The Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) merged this off-system program with the existing on-system program, creating a new program for the installation of protective devices and the elimination of hazards at rail-highway grade crossings on any public road.
Since the off-system program was not funded separately after FY 1978, the availability period for funds has expired.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS)
Research And Development Administrative Funds
Updated April 20, 2007
STATUS: INACTIVE This program was replaced by an expanded Research and Technology Program under provisions contained in Section 6001 of the 1991 ISTEA.
PROGRAM CODES: 248, 942, and 953 - See comments
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 104(a), 23 U.S.C. 307(a) and (b) prior to issuance of the 1991 ISTEA
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: In accordance with 23 U.S.C. 104(a), whenever an apportionment was made of the sums authorized to be appropriated for expenditure upon the Federal-aid systems, the FHWA was authorized to deduct a percentage for carrying out the research authorized by 23 U.S.C. 307(a) and (b). These administrative funds were provided to the Associate Administrators who have responsibilities for research, development, and technology transfer activities.
Beginning in April 1983, one appropriation code (248) and a separate activity code for each element was assigned for use when the Region was allocated funds to use at its discretion. Formerly, the funds were accounted for with separate appropriation codes (953 and 942).
Section 6001 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) amended 23 U.S.C. 307(a) and (b) and in so doing replaced this program with an expanded Research and Technology Program.
ADDITIONAL INFORMATION: Contact the Office of Program Development and Evaluation (HRPD).
Right-Of-Way Revolving Fund
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: 102
FEDERAL SHARE: Same as source funds
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Section 1211(e) of the Tea-21 terminated the fund but provided for a twenty year transition period to allow States to continue use of advanced funds to complete projects for which the funds were authorized.
STATUTORY REFERENCE: 23 U.S.C. 108 (terminated by Section 1211(c) of the TEA-21)
CFR REFERENCE: 23 CFR 130D and 712G (No longer apply)
ELIGIBILITY: The Right-of-Way Revolving Fund was a discretionary fund established by Congress to provide interest free loans to States for the purchase of rights-of-way in advance of future construction of highways and passenger transit facilities on any Federal-aid route. Revolving funds obligated prior to June 9, 1998, remain available to a State for use on the project for which the funds were advanced for a twenty year period from the date the funds were advanced.
BACKGROUND: The Rights-of-Way Revolving Fund was established by Congress in Section 7 of the Federal-aid Highway Act of 1968 (Public Law 90-495). The legislation was codified in 23 U.S.C. 108(c).
Sums authorized to be appropriated to the Revolving Fund remain available for expenditure without regard to the fiscal year for which they are authorized. Actual construction of a highway on right-of-way acquired by the Revolving Fund must not begin less than 2 years after the advance of funds, or more than 20 years after the advance of funds, unless an earlier or later termination date was approved by the Division Administrator. At the latest under the transition provisions in the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) all funds advanced under this program must be returned by no later than June 9, 2018.
ADDITIONAL INFORMATION: Contact the Office of Real Estate Services (HERE).
Rural Highway Public Transportation Demonstration
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: 6160
FEDERAL SHARE: 100 percent
PERIOD AVAILABLE: Until expended (program was closed on September 30, 1985)
FUND: Highway Trust Funds 2/3, General Funds 1/3
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Appropriated Budget
STATUTORY REFERENCE: Section 147 of the Federal-aid Highway Act of 1973
CFR REFERENCE: 23 CFR 820 (repealed)
ELIGIBILITY: N/A
BACKGROUND: The Rural Highway Public Transportation Demonstration Program was established by the Federal-aid Highway Act of 1973 (Public Law 93-87), which authorized funds for FYs 1975-1976. Section 129 of the Federal-aid Highway Act of 1976 (Public Law 94-280) extended the period of availability by two years; however, the 1976 DOT appropriations act, which took precedence over the Highway Act, had previously provided that the funds were available until expended. Although limited funds remained, this demonstration program was closed out by decision of the Associate Administrator for Planning and Policy Development, effective September 30, 1985.
More permanent Federal assistance for rural highway public transportation systems than that provided by the demonstration program was provided in Section 313 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599). This Act created a formula grant program for areas other than urbanized areas to make funds available for public transportation projects.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Rural Primary
Updated April 20, 2007
STATUS: INACTIVE Incorporated into the Consolidated Primary Program
PROGRAM CODE: 0730 and 0740
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 104(a)(1) of the Federal-aid Highway Act of 1973 (Public Law 93-87)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Rural Primary Program was established by Section 104(a)(1) of the Federal-aid Highway Act of 1973 (Public Law 93-87), which distinguished between rural and urban highway programs by establishing the Rural Primary, Priority Primary, and Urban Primary Extensions programs. Rural Primary appropriations were made only for FYs 1974-1976.
Section 105(c) of the Federal-aid Highway Act of 1976 (Public Law 94-280) combined the funding for the Rural Primary Program with the Priority Primary and Urban Primary Extensions programs and created a new category of funding identified as "Consolidated Primary".
ADDITIONAL INFORMATION: Contact the Office of Office of Program Administration (HIPA).
Rural Secondary
Updated April 20, 2007
STATUS: INACTIVE Title 23 provisions relative to the Federal-aid Secondary System were repealed by the 1991 ISTEA. Prior to the 1991 ISTEA there were four Federal-aid highway systems--Interstate, Primary, Secondary, and Urban. Now there is one system, the National Highway System (NHS) of which the Interstate System is a part.
PROGRAM CODES:
- 0750 -- Rural Secondary
- 0790 -- Secondary 3R/4R
- 33D0 -- STP-State Flexible
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1994)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula set forth in 23 U.S.C. 104(b)(2)
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 103(c), (repealed); 104(b)(2), (repealed); and, 23 U.S.C. 117(f), (repealed)
CFR REFERENCE: 23 CFR 470A [Subsequently amended to reflect current Federal-aid Systems]
ELIGIBILITY: N/A
BACKGROUND: The Rural Secondary Program was established by Section 104 of the Federal-aid Highway Act of 1973 (Public Law 93-87). It superseded the original Secondary Program which had been initiated by the Federal-aid Highway Act of 1944 and differentiated between urban and rural systems. Rural segments of the Secondary System were to be funded under the Rural Secondary Program, while urban segments continued to be funded under the Urban Extensions Program.
The Surface Transportation Assistance Act of 1982 ( Public Law 97-424) provided that 40 percent or more of Rural Secondary apportionments for FY 1984-86 were to be used for 4R type activities. This requirement was not continued in the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17).
The Federal-aid Secondary System was abolished when Section 103(c) of Title 23, U.S.C., was repealed by Section 1006(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), on December 18, 1991. Unobligated funds apportioned to a State for the Secondary System, as set forth in Section 1100(c) of the 1991 ISTEA, remained available for obligation under the old rules or could be transferred to the STP program.
Transferred funds were not subject to sub-allocation and were transferred into the State flexible appropriation code, 33D0. The last apportionments of funds for the Secondary System were for FY 1991.
ADDITIONAL INFORMATION: Contact the Office of Office of Program Administration (HIPA).
Safer Off-System (SOS) Roads
Updated April 20, 2007
STATUS: INACTIVE The last appropriation was for FY 1980.
PROGRAM CODES:
- 679 -- Bridge Inventory (Off-system bridges)
- 680 -- Construction (SOS)
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1983)
FUND: General Funds
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Appropriated Budget
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 219 (repealed)
CFR REFERENCE: 23 CFR 922 (repealed)
ELIGIBILITY: N/A
BACKGROUND: The SOS Roads Program was established by Section 135 of the Federal-aid Highway Act of 1976 (Public Law 94-280), which combined the Off-System (OS) Roads Program and the Safer Roads Demonstration Program, and which amended and retitled 23 U.S.C. 219 to reflect the new program.
Funds were authorized in the amount of $200-million for each of FYs 1977-1981; however, only about $360-million of this amount was ever appropriated by Congress. These funds came from the General Funds and were subject to specific Congressional appropriations each year. The last appropriation was for FY 1980, and the program is now inactive.
The SOS Roads program provided for the construction, reconstruction, or improvement of any off-system road, including, but not limited to, the correction of safety hazards, the replacement of bridges, and the elimination of high-hazard locations and roadside obstacles. No safety related requirements were included, nor was there any stipulation that any of the funds had to be used for safety purposes. This was later changed by the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599), which required that at least 50 percent of the funds obligated in any fiscal year had to be obligated for highway safety construction projects.
Congressional guidance related to this funding indicated that it could be utilized by a State only after the State had fully committed its existing balances of FY 1976 OS money. In utilizing these OS funds prior to the SOS funds, projects were to be charged on a first come basis to the FY 1976 funds until they were obligated. The OS funds were available for projects in urban as well as rural areas.
Of the FY 1978 funds, $500,000 was made available to inventory, inspect and classify all off-system bridges.
Roads and bridges which were eligible for improvement under this program could not be on any Federal-aid highway system, but had to be under the jurisdiction of and maintained by a public authority and open to public travel.
Section 133(e) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) repealed 23 U.S.C. 219.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HNHS).
Safer Roads Demonstration
Updated April 20, 2007
STATUS: INACTIVE Merged into the Safer Off-System Roads program by the Federal-aid Highway Act of 1976.
PROGRAM CODE: 148
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 405 (repealed)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Safer Roads Demonstration program was established by Section 230 of the Highway Safety Act of 1973 (Title II of Public Law 93-87), which provided authorizations for FYs 1974-1976, and which was codified 23 U.S.C. 405. It provided Federal funds for safety improvement projects on all public roads which were not on the Federal-aid system.
The Safer Roads Demonstration Program was discontinued by the Federal-aid Highway Act of 1976 (Public Law 94-280), which combined it with the Off-System Roads Program to create the Safer Off-System Roads program, and which repealed 23 U.S.C. 405.
ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HNHS).
Safety Belts And Motorcycle Helmets
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: 335
FEDERAL SHARE:
- 75 percent -- First Year
- 50 percent -- Second Year
- 25 percent -- Third Year
PERIOD AVAILABLE: Until expended
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Grants
AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes, but only in FY 1992
STATUTORY REFERENCE: 23 U.S.C. 153
CFR REFERENCE: None
ELIGIBILITY: Grants were made to States to adopt and implement traffic safety programs for the following purposes:
- To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts.
- To train law enforcement officers in the enforcement of State laws related to the use of motorcycle helmets and safety belts.
- To monitor the rate of compliance with State laws related to these laws.
- To enforce these State laws.
BACKGROUND: The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) authorized the Secretary to provide grants to States that enact motorcycle helmet and safety belt use laws.
A grant made to a State had to be used to adopt and implement a traffic safety program to carry out the following purposes: (a) to educate the public about motorcycle helmet, safety belt, and child restraint system use, (b) to train law enforcement officers in the enforcement of State laws pertaining to safety belts and motorcycle helmets, (c) to monitor the rate of compliance with these laws, and (d) to enforce these laws.
A State could not receive a grant for more than 3 fiscal years. The Federal share payable could not exceed 75 percent in the first fiscal year, 50 percent in the second fiscal year, and 25 percent in the third fiscal year, of the cost of implementing this program. The aggregate amount of grants made to a State could not exceed 90 percent of the amount apportioned to such State for FY 1990 under 23 U.S.C. 402.
States that did not enact motorcycle helmet and safety belt laws by FY 1994 had penalties applied to their NHS, STP, and CMAQ funds. These penalties are set forth in 23 U.S.C. 153(h).
Section 1031(a)(1) of the 1991 ISTEA codified the above information as 23 U.S.C. 153. To carry out the program, Section 153(j) of Title 23, U.S.C.:
- Authorized $17 million to be appropriated out of the Highway Trust Fund to carry out the provisions of 23 U.S.C. 153 in FY 1992, and
- Made available 402 Safety Program funds in the amount of $17 million in FY 1992, $24 million in FY 1993, and $24 million in FY 1994.
The Secretary is required to make a study and report on the benefits of safety belt use and motorcycle helmet use for individuals involved in crashes. The report was due not later than 40 months after funds are made available by the Secretary. The study was to be funded using $5 million of funds apportioned to carry out 23 U.S.C. 153 in FYs 1992 and/or 1993. These funds remain available until expended.
The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) did not reauthorize this program. It authorized 23 U.S.C. 405, Occupant Protection Incentive Grants to encourage States to adopt and implement effective programs to reduce highway deaths. In order to be eligible, States must demonstrate or adopt at least 4 of the following:
- A Safety Belt Use Law
- State provides for primary enforcement of a safety belt use law
- State imposes a minimum fine for violation of a safety belt use law or child restraint law
- Statewide special traffic enforcement program for occupant protection via publicity
- Implementation of a Child Passenger Protection Education Program
- Pass a Child passenger protection law
Grant amounts may equal up to 25 percent of the State s apportionment of funds under 23 U.S.C. 402 in FY 1997.
The Federal share is 80 percent and there is an authorization of $7.5 million for FYs 2000 and 2001 (subject to appropriation).
ADDITIONAL INFORMATION: Contact Office of Highway Safety Infrastructure (HNHS).
Secondary
Updated April 20, 2007
STATUS: INACTIVE Replaced by Rural Secondary Program.
PROGRAM CODE: 0220
FEDERAL SHARE: 50 percent and 70 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on June 30, 1976)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 103(c) (repealed); and 23 U.S.C. 117(f) (repealed)
CFR REFERENCE: 23 CFR 470A [Amended to reflect current Federal-aid Systems] and 642 [repealed]
ELIGIBILITY: N/A
BACKGROUND: The Federal-aid Secondary System was established by the Federal-aid Highway Act of 1944 (Public Law 78-521). Funding was provided under this Act for projects on the Secondary System.
Section 104 of the Federal-aid Highway Act of 1973 (Public Law 93-87) discontinued the original Secondary Program. In so doing, the Act differentiated between urban and rural systems. Rural segments of the Secondary System were to be funded under the Rural Secondary Program, while urban segments continued to be funded under the Urban Extensions Program.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Special Urban High Density
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODES:
- 1070 -- Funds authorized in the 1981 and 1987 Acts
- 1340 -- Funds authorized in the 1973, 1976, and 1978 Acts
FEDERAL SHARE: 90 percent
PERIOD AVAILABLE: FY + 3 Years for 134 funds; however, availability expired September 30, 1982. Until expended for 107 funds; however, all funds have been obligated.
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation to specific projects
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 146 (repealed)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 125(a) of the Federal-aid Highway Act of 1973 (Public Law 93-87) initiated this program, which was codified at 23 U.S.C. 146, and authorized $50 million for each of FYs 1974-1976. The legislative history suggested three projects for this program:
- Cline Avenue in East Chicago, Indiana, connecting I-80 and I-90.
- East Belt Freeway in Little Rock, Arkansas, from I-30 to the Adams Field Terminal.
- West Vickery Boulevard in Fort Worth, Texas.
The purpose of these projects was to construct highways connected to the Interstate System in portions of urbanized areas with a high traffic density. The Federal-aid Highway Act of 1976 (Public Law 94-280) repealed 23 U.S.C. 146, but authorized an additional $65 million for each of FYs 1977-1978 to continue work on the three projects.
The Surface Transportation Assistance Act (STAA) of 1978 (Public Law 95-599) authorized $85 million presumably for FY 1979.
The 1981 Supplemental Appropriations and Rescission Act (Public Law 97-12) authorized $33,959,000 which the legislative history indicated was for the Cline Avenue project. Funds were to remain available until expended. Section 153 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) rescinded $2,806,675 of the 1981 funds, but then made the same amount available for the Cline Avenue interchange with the Borman Expressway at the western edge of Gary, Indiana.
The funds authorized in the 1973, 1976, and 1978 Acts were available for the fiscal year authorized plus the following 3 fiscal years. They were assigned program code 1340. All 1340 funds had a lapse date on or before September 30, 1982. The funds authorized in the 1981 and 1987 Acts were available until expended and had program code 1070.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
State Flexibility
Updated April 20, 2007
STATUS: ACTIVE
PROGRAM CODE: 31K
FEDERAL SHARE: 80 percent with sliding scale for Federal-aid highway funds
PERIOD AVAILABLE: Same as source funds
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: N/A
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: Section 204 of the 1995 NHS Act
CFR REFERENCE: None
ELIGIBILITY: See the discussion below
BACKGROUND: Section 204 of the National Highway System Designation Act of 1995 (1995 NHS Act, Public Law 104-59) allowed States to transfer FY 1996 unobligated balances of apportioned Federal-aid highway funds to a flexible account to carry out projects eligible for assistance under chapter 1 of Title 23, United States Code.
A State could transfer an amount which was less than or equal to the total amount of the reduction in authorized funds that would have been apportioned to a State if not for Section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991. States could transfer funds from any category which met the following criteria:
- Funds which were apportioned, subject to the limitation on Federal-aid highway program obligations and not obligated for projects on September 30, 1995.
- Funds allocated to urbanized areas (population of 200,000 or more) had to be approved by the State s metropolitan planning organization.
- Funds apportioned for Congestion Mitigation and Air Quality or funds allocated from the Surface Transportation Program for Transportation Enhancements could not be transferred unless the State had utilized all flexibility and transferability available to it.
- Not more than one-third of a State s September 30, 1995, unobligated balance of Interstate Construction funds could be transferred.
The Transportation Equity Act for the 21st Century (Public Law 105-178) did not extend this program.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Temporary Matching Fund Waiver (FYs 1992-1993)
Updated April 20, 2007
STATUS: INACTIVE No special funds were authorized for this activity. This special provision allowed for a temporary waiver of the non-Federal share of Federal-aid highway projects.
PROGRAM CODE: Various (See Below)
FEDERAL SHARE: See Below
PERIOD AVAILABLE: 2 Years (October 1, 1991 through September 30, 1993)
FUND: N/A
FUND DISTRIBUTION METHOD: N/A
AUTHORITY: N/A
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: Section 1054 of the 1991 ISTEA
CFR REFERENCE: None
ELIGIBILITY: A qualifying project for a temporary waiver of the non-Federal share was a project approved by the FHWA or for which the United States became obligated to pay after October 1, 1991, and for which the Governor of the State submitting the project had certified that sufficient funds were not available to pay the cost of the non-Federal share of the project.
BACKGROUND: Section 1054 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) provided for a temporary waiver of the State matching fund requirements. Under this provision a State could request an increased Federal share up to and including 100 percent for any qualifying Title 23 project, beginning on October 1, 1991, and ending on September 30, 1993.
The total amount of any such increases in the Federal share had to be repaid to the United States by the State on or before March 30, 1994. Payments were deposited in the Highway Trust Fund and credited to the appropriate apportionment accounts of the State.
If a State did not make a required repayment by March 30, 1994, the Secretary made deductions from funds apportioned to the State for FYs 1995 and 1996. Amounts deducted were reapportioned to other States for which deductions were not made.
The Dire Emergency Supplemental Appropriations Act of 1992 (Public Law 102-302), which was approved on June 22, 1992, provided that certain funds for projects administered by the Federal Transit Administration could be applied in the same manner as those specified in Section 1054 of the 1991 ISTEA. Hence, temporary matching fund waiver provisions could be applied to any funds provided under Section 9 of the Federal Transit Act.
Appropriation codes established for this temporary matching fund waiver are as follows:
- 01E -- TMFW-Consolidated Primary
- 04P -- TMFW-Interstate Construction
- 04Q -- TMFW-Interstate Maintenance
- 04T -- TMFW-Interstate 4R
- 04V -- TMFW-Interstate Transfers, Apportioned
- 05C -- TMFW-Interstate,1/2percent Minimum
- 07A -- TMFW-Rural Secondary
- 08A -- TMFW-2 percent HPR, 80 percent Federal Participation
- 08C -- TMFW-1 percent Apportioned Planning, 80 percent Federal Participation
- 08E -- TMFW-HPR, 25 percent Minimum for Res., Dev., and Tech. Trans.
- 08F -- TMFW-1-1/2 percent HPR
- 08G -- TMFW-1/2 percent Allocated Planning Funds
- 11D -- TMFW-Bridge Replacement (Optional 20 percent On/Off System)
- 11E -- TMFW-Bridge Replacement (Mandatory 15 percent Off System)
- 11G -- TMFW-Bridge Replacement (Mandatory 65 percent On System)
- 11M -- TMFW-Bridge Replacement, Discretionary
- 13M -- TMFW-Rail-Highway Crossings, Elimination of Hazards
- 13N -- TMFW-Rail-Highway Crossings, Protective Devices
- 14K -- TMFW-Hazard Elimination
- 17H -- TMFW-Interstate Transfers, Discretionary
- 31C -- TMFW-NHS
- 32B -- TMFW-CMAQ
- 33G -- TMFW-STP, Optional Safety
- 33H -- TMFW-STP, Transportation Enhancement
- 33J -- TMFW-STP, Urban Areas >200,000 Population
- 33K -- TMFW-STP, State Flexible
- 33L -- TMFW-STP, Mandatory Amount for Non-Urban Areas
- 36A -- TMFW-High Cost Bridge Projects
- 36B -- TMFW-Congestion Relief Projects
- 36C -- TMFW-High Priority Corridors on NHS
- 36D -- TMFW-High Priority Corridors on NHS Feasibility Study
- 36E -- TMFW-Rural Access Projects
- 36F -- TMFW-Urban Access and Urban Mobility Projects
- 36G -- TMFW-Innovative Projects
- 36H -- TMFW-Priority Intermodal Projects
- 3AB -- TMFW-STP, Areas <200,000 Population
- 3AE -- TMFW-STP, Rail-Highway Crossings, Elimination of Hazards
- 3AF -- TMFW-STP, Rail-Highway Crossings, Elimination of Hazards
- 3AG -- TMFW-STP, 1/16 percent Skill Training
- 3AH -- TMFW-STP, Hazard Elimination
- 3AJ -- TMFW-STP, 1/4 percent Skill Training
- 3TZ -- TMFW-CMAQ, Transit
- 52A -- TMFW-Highway Demonstration Projects
- A09 -- TMFW-Consolidated Primary, Economic Growth Center
- A52 -- TMFW-Interstate,1/2percent Minimum, Economic Growth Center
- A87 -- TMFW-Consolidated Primary, Energy Impacted Roads
- B11 -- TMFW-Rural Secondary, Economic Growth Center
- CR2 -- TMFW-Combined Road Plan
- W3A -- TMFW-Urban System
- W3B -- TMFW-Allocated Urban System
- W09 -- TMFW-Urban System, Not Attrib., Economic Growth Center
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
Temporary Matching Fund Waiver (FYs 1983-1984)
Updated April 20, 2007
STATUS: INACTIVE All actions authorized under this waiver provision have been completed.
PROGRAM CODES:
- 01L, A3T, 19T, 11L -- Increased Federal share for Consolidated Primary funding categories 101, A35, A12, and 110
- 01U -- Increased Federal share for Economic Growth Center funding category 106
- 04N, 05R, 04R -- Increased Federal share for Interstate funding categories 042, 054, and 044
- 07M -- Increased Federal share for Discretionary Priority Primary funding category 071
- 07T, 07Y -- Increased Federal share for Rural Secondary funding categories 075 and 079
- 11R, 11V, 11W, 11Y -- Increased Federal share for HBRRP funding categories 114, 117, 118, and 119
- 13T -- Increased Federal share for Great River Road funding category 135
- 13W, 13Y -- Increased Federal share for Rail-Highway Crossings funding categories 138 and 139
- 14M -- Increased Federal share for Hazard Elimination funding category 141
- 16L -- Increased Federal share for Minimum Allocation funding category 160
- 17V, 17W -- Increased Federal share for Interstate funding categories 177 and 178
- W3N, W3U -- Increased Federal share for Urban funding categories W32 and W36
FEDERAL SHARE: See below
PERIOD AVAILABLE: January 6, 1983 - September 30, 1984
FUND: N/A
FUND DISTRIBUTION METHOD: N/A
TYPE OF AUTHORITY: N/A
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: Section 145 of the Surface Transportation Assistance Act of 1982
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: Section 145 of the Surface Transportation Assistance Act of 1982 (Public Law 97-424) provided for a temporary waiver of the State matching fund requirements. Under this provision a State could request an increased Federal share up to and including 100 percent on projects to be approved under 23 U.S.C. 106(b) and 117 when the Governor certified that sufficient funds were not available to pay the non-Federal share of the project. The total amount which could be obligated under this provision was limited to the difference between the obligation authority for FY 1983 (comprised of the FY 1983 obligation ceiling, 85 percent minimum allocation, and authority provided by allocations of discretionary funds and the Jobs Bill), and the FY 1982 obligation ceiling (excluding the FY 1982 redistribution). This limitation amount applied to the sum of all matching fund waiver projects authorized from January 6, 1983, to September 30, 1984.
Special appropriation codes were established for the fund categories and any project funded from these categories could qualify for a matching fund waiver, including preliminary engineering and right-of-way projects. Qualifying projects funded from other categories were to be approved with prior concurrence from the FHWA Office of Fiscal Services. Project identifications for the increased Federal share were to be the same as those assigned to the regular Federal share.
The increased Federal share was to be repaid on or before September 30, 1984, or deductions were to be made from the State's FYs 1985 and 1986 apportionments. The amounts deducted were to be reapportioned to those States for which deductions were not made. All actions authorized under this waiver provision have been completed.
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
Traffic Control Signalization Demonstration
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: Same as source funds, 137 for categorical funds
FEDERAL SHARE: Same as source funds (up to 100 percent), 100 percent for categorical funds
PERIOD AVAILABLE: Same as source funds, FY + 3 years for categorical funds (availability expired on September 30, 1981)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Same as source funds, appropriated budget for categorical funds
SUBJECT TO OBLIGATION LIMITATION: Yes and No
STATUTORY REFERENCE: Section 146 of the Federal-aid Highway Act of 1976 (Public Law 94-280)
CFR REFERENCE: None
ELIGIBILITY: Funds appropriated under 23 U.S.C. 104 to be used at up to a 100 percent Federal share for any activities related to traffic control signalization.
BACKGROUND: Traffic control signalization demonstration projects were authorized by Section 146 of the Federal-aid Highway Act of 1976 (Public Law 94-280) to demonstrate through the use of technology not in general use the increased capacity of existing highways, the conservation of fuel, the decrease in traffic congestion, the improvement in air and noise quality, and the furtherance of highway safety, giving preference to projects providing coordinated signalization of two or more intersections.
Initial funding was provided by the Economic Stimulus Act of 1977, but funds have not been authorized specifically for this program since the 1978 DOT appropriations act. However, the Surface Transportation Assistance Act (STAA) of 1978 (Public Law 95-599) did establish a continuing program for traffic control signalization projects by permitting States to use up to 100 percent Federal funds in accordance with the provisions of 23 U.S.C. 120(d) for this purpose.
ADDITIONAL INFORMATION: Contact the Office of Transportation Operations (HOTO).
Traffic Operations Program To Increase Capacity And Safety (TOPICS)
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: Same as source funds, 077 for categorical funds
FEDERAL SHARE: Same as source funds for regular funds, 70 percent for categorical funds
PERIOD AVAILABLE: Same as source funds, FY + 2 years for categorical funds (availability expired on June 30, 1975)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Same as source funds, statutory formula for categorical funds. Same as source funds for regular funds.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: Formerly 23 U.S.C. 135 (repealed)
CFR REFERENCE: 23 CFR 655A
ELIGIBILITY: TOPICS projects were traffic operation improvements financed from funds available for the specific roadway on which the improvement was made or the system which directly benefited from the improvement. In addition, improvements on any public road which would ensure the efficient use of existing roadways on any of the Federal-aid systems through improved traffic flow, reduced vehicle congestion, or improved transit service were eligible as projects.
BACKGROUND: This program, originally entitled "Urban Area Traffic Operations Improvement Programs," was established by section 10(a) of the Federal-aid Highway Act of 1968 (Public Law 90-495), which provided authorizations for FYs 1970-1971. The Federal-aid Highway Act of 1970 (Public Law 91-605) provided authorizations for FYs 1972-1973. Funding was discontinued after FY 1973; hence, all unobligated funds lapsed on June 30, 1975.
Although no separate TOPICS funds were made available in the 1973 Act, regular Federal-aid highway construction funds were made available for TOPICS-type projects in urban areas. Section 123(a) of the 1976 Highway Act deleted "Urban Area" from the title of the program and expanded the program to "any public road." While TOPICS does not continue as an independent fund, funds from other programs may be used for TOPICS-type projects.
ADDITIONAL INFORMATION: Contact the Office of Transportation Operations (HOTO).
Transition Quarter
Updated April 20, 2007
STATUS: INACTIVE All funds for this program have now lapsed.
PROGRAM CODES:
- 124 - Non-Interstate
- 125 - Interstate
FEDERAL SHARE: Same as that normally applicable to Interstate and non-Interstate projects
PERIOD AVAILABLE: Availability expired September 30, 1980
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: Section 104 of the Federal-aid Highway Act of 1976
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: This program was established by Section 104 of the Federal-aid Highway Act of 1976 (Public Law 94-280) to bridge the funding gap created by the change in fiscal year starting dates which occurred at the end of FY 1976.
All funds for this program have now lapsed.
ADDITIONAL INFORMATION: Contact the Office of Budget and Finance (HABF).
Transportation Systems Management Demonstration
Updated April 20, 2007
STATUS: INACTIVE
PROGRAM CODE: 780
FEDERAL SHARE: 100 percent - See comments
PERIOD AVAILABLE: Until expended
FUND: General and Transfer - See comments
FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: FY 1981 DOT Appropriations Act
CFR REFERENCE: None
ELIGIBILITY: Projects were financed from funds available for obligation as deemed appropriate by the Office of Traffic Operations and Intelligent Vehicle/Highway Systems (HTV-31).
BACKGROUND: The Department of Transportation Appropriations Act for 1981 (Public Law 96-400) provided $15 million of discretionary funds ($10 million from National Highway Traffic Safety Administration (NHTSA) State and Community Highway Safety funds and $5 million from Urban Mass Transit Administration (UMTA) urban discretionary grants) for a joint FHWA, UMTA, NHTSA program to accomplish energy conservation, air quality, and related objectives. FHWA had the lead administrative responsibility for the program.
The funds were centrally controlled by FHWA Headquarters (HTV-31), and all of the funds were earmarked for specific projects. Amounts awarded for subelements of each project were reallocated within the project, but Regional and Headquarters' concurrence was required. Total project amounts were changed only in unusual circumstances and only with Regional and Headquarter's concurrence.
No explicit local match was required for this program; however, DOT expected significant evidence of an applicant's commitment to support and continue the activities of this program. A suggested minimum commitment was two-thirds local funds, with the remaining one-third to be Federal funds.
ADDITIONAL INFORMATION: Contact the Office of Transportation Operations (HOTO).
Urban Extensions
Updated April 20, 2007
STATUS: INACTIVE Incorporated into the Consolidated Primary Program.
PROGRAM CODE: 0320
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired on September 30, 1979)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 103(b) and (c) (repealed)
CFR REFERENCE: 23 CFR 470A [Subsequently amended to reflect current Federal-aid Systems]
ELIGIBILITY: N/A
BACKGROUND: This program was established by the Federal-aid Highway Act of 1944. It extended the previously rural oriented primary and secondary systems into urban areas.
The Federal-aid Highway Act of 1976 (Public Law 94-280) consolidated the Urban Primary Extension, Rural Primary, and Priority Primary programs into a single Consolidated Primary funding category, and made no appropriation for secondary system urban extensions, thereby terminating this fund.
ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).
Urban System
Updated April 20, 2007
STATUS: INACTIVE Title 23 provisions relative to the Federal-aid Urban System were repealed by the 1991 ISTEA. Prior to the 1991 ISTEA there were four Federal-aid highway systems--Interstate, Primary, Secondary, and Urban. Now there are two systems--National Highway System (NHS) and Interstate System, which is a component of the NHS.
PROGRAM CODES:
- W320 -- FAUS, Non-Attributable
- W360 -- FAUS, Attributable to Urbanized Areas >200,000 Population
- 33D0 -- STP-State Flexible
FEDERAL SHARE: 75 percent
PERIOD AVAILABLE: FY + 3 years (availability expired September 30, 1994)
FUND: Highway Trust Fund
FUND DISTRIBUTION METHOD: Apportionment - statutory formula set forth in 23 U.S.C. 104(b)(6)
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: 23 U.S.C. 103(d) (repealed); 23 U.S.C. 137, 142(a)(2), 142(c), 146, and 150
CFR REFERENCE: 23 CFR 470A [Amended to reflect current Federal-aid Systems]
ELIGIBILITY: N/A
BACKGROUND: The Federal-aid Urban System (FAUS) Program was established by Section 106(b)(1) of the Federal-aid Highway Act of 1970 (Public Law 91-605) and expanded by Section 157 of the Federal-aid Highway Act of 1973 (Public Law 93-87).
In addition to highway and road construction, FAUS funds could be used for many public transportation and ridesharing activities, including the purchase of buses and the construction of bus shelters; the construction of fringe and corridor parking lots; and the construction, reconstruction, and improvement of fixed rail facilities, including the purchase of rolling stock for fixed rail.
FAUS funds were apportioned to the States based upon the ratio of their total urban population (all communities over 5,000 population) to the nationwide total urban area population. Once each State's share of the funds was determined, the funds were divided into two categories--attributable to urbanized areas of 200,000 population or more (W360) and non-attributable (W320), based upon a straight percentage split of each State's urban area population in areas of over and under 200,000 population.
Attributable funds had to be distributed to the urbanized areas in accordance with a formula developed by the State and approved by the Secretary of DOT, or, if such a formula was not used, the funds had to be allocated in the ratio that the population within each urbanized area was to the population of all urbanized areas, or parts thereof, within the State. (23 U.S.C. 150). Local officials, working through the metropolitan planning organization (MPO), had the option of suballocating attributable FAUS funds to cities, counties, or groupings by geographical subarea. This was often done to meet the Federal requirement of fair and equitable treatment for individual cities of over 200,000 population.
States had the option of allocating none, some, or all of the non-attributable funds to cities, counties, or other geographical subdivisions.
The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) required that 40 percent or more of the FAUS apportionments for FYs l984-86 had to be used for 4R purposes (i.e., resurfacing, restoration, rehabilitation, and/or reconstruction). The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) dropped this requirement for the FYs 1987-1991 apportionments.
The Federal-aid Urban System was abolished when Section 103(d) of Title 23, U.S.C., was repealed by Section 1006(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240), on December 18, 1991. Unobligated funds apportioned to a State for the Urban System, both attributable and non-attributable, as set forth in Section 1100(c) of the 1991 ISTEA, remained available for obligation under the old rules or could be transferred to the Surface Transportation Program (STP). As required by 23 U.S.C. 150, the appropriate MPO must have approved the transfer of attributable funds. Funds transferred to the STP were not subject to sub-allocation and could be transferred into the State flexible program code, 33D0. The last apportionments of funds for the Urban System were for FY 1991 and expired on September 30, 1994.
ADDITIONAL INFORMATION: Contact the Office of Office of Program Administration (HIPA).
|
