1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of the Highway Infrastructure funds appropriated in fiscal year (FY) 2010 pursuant to section 122 of the Department of Transportation Appropriations Act, 2010, division A, title I of Public Law (Pub. L.) 111-117. The apportionment is effective immediately.

2. What is the availability of these funds?

   1. The funds resulting from this apportionment are available for obligation until September 30, 2012. Any amounts not obligated by the State on or before September 30, 2012, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately. The funds resulting from this apportionment are not subject to any limitation on obligations.

   3. The Federal share is 80 percent.

   4. The program code to be used when obligating these funds is LHIP.

3. What is the background information?

   1. The funds resulting from this apportionment are eligible to be obligated for restoration, repair, construction and other activities eligible under section 133(b) of title 23, United States Code (U.S.C.).

   2. The funds available for distribution to the States have been apportioned to the States in the same ratio as the distribution of obligation authority under section 120(a)(6) of the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117.

   3. The funds shall be administered as if apportioned under chapter 1 of title 23, U.S.C.

   4. Section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Pub. L. 109-59, shall apply to funds resulting from this apportionment (Disadvantaged Business Enterprises).

4. What is the distribution of funds?

   1. Section 122 of the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117 appropriates a total of $650,000,000 in Highway Infrastructure funds.

   2. The amount of funds available for distribution to the States is $650,000,000. The attached table shows the State-by-State distribution of funds.

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

Attachments

Certificate of Apportionment from
the Sum of $650,000,000 Appropriated
for Highway Infrastructure

TO--

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, Section 1.48 of Title 49, Code of Federal Regulations, I certify–

First, pursuant to section 122 of the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117, the amount appropriated for Highway Infrastructure for the fiscal year ending September 30 is $650,000,000.

Second, I have computed the apportionment to each State and the District of Columbia of the amounts appropriated for Highway Infrastructure in the manner provided by law in accordance with the formulas set forth.

Third, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows: