1. What is the purpose of this Notice? This Notice transmits the redistribution of certain authorized funds for FY 2013 pursuant to the Consolidated and Further Continuing Appropriations Act, 2013, Public Law (Pub. L.) 113-6. The distribution of these funds is shown in the attached table.

2. Does this Notice cancel FHWA Notice 4510.760? Yes, this Notice cancels FHWA Notice 4510.760, Redistribution of Certain Authorized Funds for Fiscal Year (FY) 2013 (October 1, 2012, through March 27, 2013), dated October 18, 2012. The revision to the redistribution of certain authorized funds is based on the revised contract authority and distribution of obligation limitation for the Federal-aid highway program through September 30, 2013.

3. What is the background information?

   1. Pursuant to section 1801(c) of the Consolidated and Further Continuing Appropriations Act, 2013, the redistribution of certain authorized funds is determined by applying section 1102(f) of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141.

   2. Funds that are authorized to be appropriated for Federal-aid highway programs for FY 2013 under MAP-21 that will not be allocated to the States (or will not be apportioned for the Federal Lands Access Program) and will not be available for obligation in FY 2013 due to the imposition of any obligation limitation for such fiscal year shall be distributed to the States.

   3. The funds authorized for the Tribal Transportation Program are not subject to this provision and authorized amounts for such program that are in excess of the associated obligation limitation are not redistributed to the States.

   4. Such funds shall be distributed to the States in the same proportion as the FY 2013 distribution of formula obligation limitation for FY 2013 calculated under section 1102(c)(5) of MAP-21.

4. What is the availability of these funds?

   1. These funds are available for obligation until September 30, 2016. Any amounts not obligated by the State on or before that date shall lapse.

   2. The funds resulting from this distribution are available immediately and shall be subject to obligation controls in force at the time of obligation. No new obligation authority is distributed with these funds.

   3. The Federal share payable shall be in accordance with section 120 of title 23, United States Code (U.S.C.), except as provided by another provision of law.

   4. The funds are available for any purpose described in section 133(b) of title 23, U.S.C.

   5. The program code to be used when obligating these funds is M030.

5. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

Victor M. Mendez
Administrator