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FLH Earmarks for High Priority Projects

High Priority Projects (Sections 1701 & 1702)

• SAFETEA-LU identifies 5,091 high priority projects (HPP), each with a specified amount of funding over the 5 years of the Act. Section 1101 (a)(16) authorizes $2.966M per year for a total of $14,830,000,000.
• Funding.  High priority projects are funded by contract authority and are available until expended. The project amounts cited in SAFETEA-LU represent the total 5-year allocation, however, for each project designated in section 1702, the Secretary will allocate a portion of the amount designated for that project: 20% in 2005, 20% for 2006, 20% for 2007, 20% for 2008 and 20% for 2009.

  Year	2005	2006	2007	2008	2009
  Authorization*	$2,966M	$2,966M	$2,966M	$2,966M	$2,966M

• Flexibility
  • Funds designated for a project in section 1702 are available only for that project with the following exception - Funds allocated for a project specified below may be obligated for any other of these projects in the same State:
    • High Priority Projects listed in section 1702 and numbered 3677 or higher;
    • Projects of National and Regional Significance listed in section 1301 and numbered 19 or higher;
    • National Corridor Infrastructure Improvement Program projects listed in section 1302 and numbered 28 or higher; or
    • Any Transportation Improvements project listed in section 1934; except that the authorization for a project from the category list may not be reduced. [1935]
  • Advance construction.  The use of State funds for advanced construction, until Federal funds are available, remains as an allowable method for States to construct high priority projects. High priority projects may also be advanced with funds apportioned under 23 U.S.C. 104(b) from a program under which the project would be eligible, and the funds are to be restored from future allocations of the high priority project funds for the project. [1936, 1701(c) and 23 USC 117(e)]]
• Obligation Limitation.  The High Priority Projects are subject to obligation limitation. The limitation is special no year limitation that remains available until used. The obligation limit is assigned individually to high priority projects numbered 1 - 3676 and in aggregate to each State for projects numbered 3677 or higher. The limitation provided to individual projects numbered 1 - 3676 may be obligated for any other project in section 1702 as long as it is restored to the individual project when limitation is distributed in the subsequent fiscal year. [1102(c)(4) & (g), 1102(j)]  For FY 2005 only, the obligation limitation set aside for the High Priority Projects program may be used as formula limitation. Any limitation used in this manner must be restored when the FY 2006 obligation limit is distributed. [1102(i)]
• Federal Share or "Match"
  The Federal share remains at 80%, except in the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota where the sliding scale provision of 23 USC 120(b) applies, and project number 200 for which the Federal share is 90%. [1913, 1964, & 23 USC 117(c)]

Transportation Improvements (Sections 1934 - 1936)

• A total of 466 transportation improvement projects are identified in SAFETEA-LU, each with a specified amount of funding over the 5 years of the Act.
• Funding.  The projects are funded by contract authority and are available until expended. Similar to HPP above, the project amounts cited in SAFETEA-LU represent the total 5-year allocation. The funds designated for a project are available only for that project with the following exception - for each project designated in section 1934, the Secretary will allocate a portion of the amount designated for that project: 10% in 2005, 20% for 2006, 25% for 2007, 25% for 2008 and 20% for 2009. [1934]

  Year	2005	2006	2007	2008	2009
  Authorization*	$256M	$511M	$639M	$639M	$511M

  The authorization is for such sums as may be necessary to carry out the required distribution of funds. Amounts shown above are those amounts.

• Flexibility.  Funds designated for a project in section 1934 are available only for that project with the following exception: Funds allocated for a project specified below may be obligated for any other of these projects in the same State:
  •  High Priority Projects listed in section 1702 and numbered 3677 or higher;
  •  Projects of National and Regional Significance listed in section 1301 and numbered 19 or higher;
  •  National Corridor Infrastructure Improvement Program projects listed in section 1302 and numbered 28 or higher; or
  •  Any Transportation Improvements project listed in section 1934; except that the authorization for a project from the category list may not be reduced. [1935]

  Transportation Improvements projects may also be advanced with funds apportioned under 23 U.S.C. 104(b) from a program under which the project would be eligible, and the funds are to be restored from future allocations of the Transportation Improvements funds for the project. [1936]

• Obligation Limitation.  The obligation limitation for Transportation Improvements is special no year limitation that remains available until used. The obligation limit is provided each year in aggregate to each State for Transportation Improvements projects. [1102(c)(4) & (g)] For FY 2005 only, the obligation limitation set aside for the listed Transportation Improvements may be used as formula limitation. Any limitation used in this manner must be restored when the FY 2006 obligation limit is distributed. [1102(i)]
• Federal Share or "Match"
  Generally, the Federal share of the cost of a project under this section shall be determined in accordance with 23 USC 120, which provides for a Federal share of 90 percent, subject to sliding scale, for certain Interstate projects; 80 percent for most other projects, also subject to sliding scale; and 100 percent for certain safety projects. [1934]
  For the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota, the Federal share is 80 percent, subject to sliding scale. [1964]

Going to the Sun Road Project (Section 1940)

This provision authorizes $10M per year in budget authority from the Highway Trust Fund or a total of $50M - to remain available until expended.  Per the conference report, the $50 million of funding authorized is intended to supplement, not supplant funding from the park roads and parkways program, i.e., the authorized amounts are in addition to the Park Roads and Parkways program funds cited in Section 1101 (a) (9) (B).  However, unlike the PRP program that is governed by contract authority, Section 1940 funds are subject to budget authority thereby requiring annual appropriations.

The Federal share on this project is 100%.

List of Earmarks

After a preliminary review, the Office of Federal Lands has identified approximately 115 related projects (below) totaling $339M.  The list of FLH-related earmarks is a fluid list and subject to change based on further analysis and investigation.

FLH-Related Earmarks