U.S. Department of Transportation Federal Highway Administration

MEMORANDUM

For FY 2009, 23 U.S.C. 118(c)(1), as amended by section 1111(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59), authorizes $100,000,000 for the IMD program. Under the provisions of Section 120(e), Redistribution of Certain Authorized Funds, of Division I of the Omnibus Appropriations Act, 2009 (Public Law 111-8), any authorized funds, which are not available for obligation due to the imposition of an obligation limitation, are not allocated for the IMD program, but are redistributed to the States in accordance with Section 120(e) of the Act. For FY 2009, the obligation limitation is estimated at 93.6 percent. Therefore, approximately $93,600,000 will be available to fund FY 2009 IMD projects.

Under the provisions of Section 186 of Division I of the Act, IMD funds for FY 2009, Congress has designated a list of projects totaling $88,160,000. This list of designated projects and the funding amount are included in Attachment 1. Please note that Congress did not declare these designated projects eligible. Therefore, the projects must still meet the eligibility requirements under Title 23 U.S.C. 118(c)(1). Any eligibility problems identified should be addressed in Item 8 of the application. Further, due to the designation of projects, a State does not have to demonstrate how they will obligate all of their Interstate Maintenance apportioned funds to be able to apply for these designated IMD funds, as required under 23 U.S.C. 118(c)(2)(A), or meet the other requirements of 23 U.S.C. 118(c)(2)(B). Because Congress has designated most of the FY 2009 IMD funding, there will not be an open solicitation for additional projects.

At this time, we request States to submit applications for the projects designated in the statement of managers, which are those listed in Attachment 1. The applications must be submitted electronically in MS Word format (see Attachment 2). Because these projects were designated for funding by Congress, the short form of the project application is being used, and requires completion of only 12 items.

Project applications must be received in Headquarters no later than June 5, 2009. When submitting the State's project applications, the division office shall transmit them via email to Tony DeSimone (Anthony.DeSimone@dot.gov) of my staff. Your email transmittal should include:

1. a statement from the division office that the State's submittal has been reviewed by the division office and that it meets the submission requirements and identifying any eligibility issues;
2. the State transportation department's submission email or letter to the FHWA division office; and
3. each MS Word application as an attachment.

Information on the IMD program is included as Attachment 3 to this memorandum. This contains background information on the program including eligibility and selection criteria, as well as the submission requirements. This solicitation memorandum will also be posted on our FHWA website at www.fhwa.dot.gov/discretionary.

If there are any questions, please contact Tony DeSimone (317-226-5307) of my staff.

Attachments

• IMD Designated Projects in the Omnibus Appropriations Act, 2009
• FY 2009 Project Application
• Program Information