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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

N 4510.913

Notice
Subject
Apportionment and Repurposing of Highway Infrastructure Program Funds Pursuant to the Department of Transportation Appropriations Act, 2026
Classification Code Date Office of Primary Interest
N4510.913 March 12, 2026 HCFB-10
  1. What is the purpose of this Notice? The Department of Transportation Appropriations Act, 2026, Title I of Division D, Public Law (Pub. L.) 119-75 appropriated $927,212,591 in new budget authority and repurposed $1,468,668,000 in previously appropriated budget authority for a total of $2,395,880,591 made available for Highway Infrastructure Programs (HIP). Of such amount, $20,000,000 shall be set aside for necessary expenses for construction of the Appalachian Development Highway System (ADHS), as authorized under Section 1069(y) of Pub. L. 102-240. Of the total repurposed amount, $503,756,000 is derived from the National Electric Vehicle Infrastructure (NEVI) Formula Program (Title VIII of Division J of Pub. L. 117-58). This Notice (1) transmits the certificate of apportionment for HIP funds for the ADHS, which is effective immediately; and (2) notifies the States that $503,756,000 of unobligated balances of NEVI Formula Program funding is repurposed.

  2. What is the availability of Appalachian Development Highway System Program funds?

    1. The funds resulting from this apportionment for necessary expenses for construction of the ADHS as authorized under Section 1069(y) of Pub. L. 102-240 are available for obligation until expended.

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

    3. The Federal share payable for necessary expenses for construction of the ADHS as authorized under Section 1069(y) of Pub. L. 102-240 shall be up to 100 percent.

    4. The program code to be used when obligating these funds is as follows:

      Program Code Program Description Assistance Listing Number
      Y920 Appalachian Development Highway System 20.229
  3. What is the background information for the Appalachian Development Highway System Program?

    1. The funds resulting from this apportionment are available to States that contain one or more counties (including any political subdivision located within the area) in the Appalachian region as defined in Section 14102(a) of Title 40, United States Code (U.S.C.).

    2. The funds shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the ADHS, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an ADHS corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook.

    3. The apportionments shall be adjusted so that no Appalachian State is apportioned an amount in excess of 30 percent of the amount made available.

    4. Adjustments to the apportionments shall be made only after consulting with the Appalachian Regional Commission.

    5. The funds shall be administered as if apportioned under Chapter 1 of Title 23, U.S.C., except as provided in paragraph (3)(f).

    6. A project carried out with funds for construction of the ADHS shall be carried out in the same manner as a project under Section 14501 of Title 40, U.S.C.

    7. Section 11101(e) of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, which pertains to amounts for disadvantaged business enterprises, shall apply to funds resulting from this apportionment.

  4. What is the distribution of funds for the Appalachian Development Highway System Program?

    1. The Department of Transportation Appropriations Act, 2026, appropriates a total of $20,000,000 in HIP funds for the ADHS.

    2. The amount of funds available for distribution to the States is $20,000,000. The attached Table 1 shows the State-by-State distribution of funds.

  5. What is the background information for the repurposing of the NEVI Formula Program funds?

    1. A total of $503,756,000 from amounts previously appropriated under the heading ‘‘Federal Highway Administration—Highway Infrastructure Programs’’ in paragraph (2) of Title VIII of Division J of the IIJA, Pub. L. 117–58 for Fiscal Years (FY) 2022, 2023, 2024, 2025, and 2026, that were distributed among the States shall be repurposed.

    2. The repurposed amount for each State is derived proportionally by State based on the unobligated balances of FY 2022 NEVI Formula Program funds (program code Y130) as of January 31, 2026.

    3. The repurposed funds will be removed from the Fiscal Management Information System (FMIS) and will no longer be available to the States for the NEVI Formula Program.

    4. FY 2022 NEVI Formula Program funds will be removed first from FMIS followed by funding from subsequent fiscal years until the total amount of funds required to be repurposed from each State is satisfied.

  6. What is the distribution of the repurposed NEVI Formula Program funds? The Department of Transportation Appropriations Act, 2026, repurposes a total of $503,756,000 in NEVI Formula Program funding that FHWA had previously distributed to States. The attached Table 2 shows the State-by-State amounts being repurposed.

  7. What other amounts are repurposed for Highway Infrastructure Programs? In addition to the NEVI Formula Program funds being repurposed, the following amounts are repurposed and made available for HIP:

    1. $125,000,000 from amounts previously appropriated for FYs 2023, 2024, 2025, and 2026 for operations and administration of the Federal Highway Administration (excluding amounts transferred to the Office of Inspector General of the U.S. Department of Transportation) under the heading “Federal Highway Administration—Highway Infrastructure Program” in Title VIII of Division J of the IIJA, Pub. L. 117-58;

    2. $75,000,000 from amounts previously appropriated for FY 2022 under the heading “Federal Highway Administration—Highway Infrastructure Program” in paragraph (2) of Title VIII of Division J of the IIJA, Pub. L. 117-58, for the Joint Office of Energy and Transportation;

    3. $300,000,000 from amounts previously appropriated for FYs 2024, 2025, and 2026 under the heading “Federal Highway Administration—Highway Infrastructure Program” in paragraph (2) of Title VIII of Division J of the IIJA, Pub. L. 117-58 for grants to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure;

    4. $90,000,000 from amounts previously appropriated for FYs 2024, 2025, and 2026 under the heading “Federal Highway Administration—Highway Infrastructure Program” in paragraph (5) of Title VIII of Division J of the IIJA, Pub. L. 117-58 for the Reduction of Truck Emissions at Port Facilities Program;

    5. $20,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated for FYs 2025 and 2026 under the heading ‘‘Federal Motor Carrier Safety Administration—Motor Carrier Safety Operations and Program’’ in Title VIII of Division J of the IIJA, Pub. L. 117–58;

    6. $204,912,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated for FYs 2022, 2023, 2024, 2025, and 2026 under the heading ‘‘Office of the Secretary—Strengthening Mobility and Revolutionizing Transportation Grant Program’’ in Title VIII of Division J of the IIJA, Pub. L. 117–58;

    7. $50,000,000 shall be derived by transfer from the unobligated balances of amounts made available by transfer pursuant to Section 801 in Title VIII of Division J of the IIJA, Pub. L. 117–58 (excluding amounts transferred to the Office of Inspector General of the U.S. Department of Transportation); and

    8. $100,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated for FY 2026 under the heading ‘‘Pipeline and Hazardous Materials Safety Administration—Natural Gas Distribution Infrastructure Safety and Modernization Grant Program’’ in Title VIII of Division J of the IIJA, Pub. L. 117–58 (excluding amounts transferred to the Office of Inspector General of the U.S. Department of Transportation).

  8. What other amounts are made available for Highway Infrastructure Programs? In addition to the ADHS funding, the remainder of HIP funding shall be set aside for other activities that are not the subject of this Notice. This includes:

    1. $1,514,721,091 set aside for the purposes, and in the amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled “Community Project Funding/Congressionally Directed Spending” included in the associated explanatory statement;

    2. $200,000,000 set aside for activities eligible under the Tribal Transportation Program, as described in Section 202 of Title 23, U.S.C.;

    3. $200,000,000 set aside to carry out the Nationally Significant Multimodal Freight and Highway Projects program under section 117 of Title 23, U.S.C. for projects to provide public parking for commercial motor vehicles;

    4. $5,000,000 set aside to carry out Section 11502 of the IIJA, Pub. L. 117-58;

    5. $5,000,000 set aside for the Regional Infrastructure Accelerator Demonstration Program authorized under Section 1441 of the Fixing America’s Surface Transportation Act, Pub. L. 114-94;

    6. $3,000,000 set aside for transfer to the Southwest Border Regional Commission to make grants, in addition to amounts otherwise made available to the Southwest Border Regional Commission for such purpose, for authorized activities, including for administration of grants or cooperative agreements to support interjurisdictional planning activities advancing transportation infrastructure;

    7. $5,000,000 set aside for transfer to the Northern Border Regional Commission to make grants, in addition to amounts otherwise made available to the Northern Border Regional Commission for such purpose, to carry out pilot projects that demonstrate the capabilities of wood-based infrastructure projects;

    8. $5,000,000 set aside for transfer to the Denali Commission for activities eligible under Section 307(d) of the Denali Commission Act of 1998, Pub. L. 105–277;

    9. $15,000,000 set aside for transfer to the Denali Commission to carry out the Denali Access System Program under Section 309 of the Denali Commission Act of 1998, Pub. L. 105–277;

    10. $2,000,000 set aside to carry out the Pollinator-friendly practices on Roadsides and Highway Rights-of-way Program under Section 332 of Title 23, U.S.C.;

    11. $10,000,000 set aside for the National Scenic Byways Program under Section 162 of Title 23, U.S.C.;

    12. $350,000,000 set aside for a Competitive Highway Bridge Program for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects;

    13. $25,000,000 set aside for a competitive Type 3 highway bridge program for the replacement or rehabilitation of bridges that are owned by a county, are classified as a Type 3 bridge by the Bureau of Reclamation, are eligible under the Federal Lands Access Program, as described in Section 204 of Title 23, U.S.C., and cross a water conveyance structure owned by the Bureau of Reclamation;

    14. $6,159,500 set aside for research leading to sustainable stormwater management technologies and techniques to reduce the impacts of 6PPD and 6PPD-quinone on salmon bearing streams; and

    15. $30,000,000 set aside for capital construction grants under the Reconnecting Communities Pilot Program as authorized under Section 11509(d) of Division A of the IIJA, Pub. L. 117-58, for projects in States in which the U.S. Department of Transportation previously awarded a competitive grant award and signed a grant agreement of not less than $145,000,000 under Section 177 of Title 23, U.S.C., and any amount of such funds were subsequently rescinded by an Act of Congress.

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

 
signature of Sean McMaster
  Sean McMaster
Administrator