This directive was canceled July 25, 2008

1. What is the purpose of this Notice?  This Notice transmits the redistribution of certain authorized funds pursuant to Division K, Title I, Section 120(e) of the Consolidated Appropriations Act, 2008, Public Law (Pub. L. No.) 110-161.  The distribution of these funds is shown in the attached table.

2. What is the background information?  Funds that are authorized to be appropriated for FY 2008 for Federal-aid highway programs that will not be allocated to the States and will not be available for obligation in FY 2008 due to the imposition of any obligation limitation for such fiscal year, shall be distributed to the States.  Such funds shall be distributed to the States in the same ratio as the distribution of obligation authority under Division K, Title I, Section 120(a)(6) of Pub. L. No. 110-161.

3. What is the availability of these funds? 

   1. These funds are available for obligation until September 30, 2011.  Any amounts not obligated by the State on or before that date shall lapse.

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

   3. The participating rate shall be in accordance with Section 120 of Title 23, United States Code (U.S.C.).

   4. The funds shall be available for any purpose described in Section 133(b) of Title 23, U.S.C.  The appropriation code is L030.

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

J. Richard Capka Administrator