STATUS: ACTIVE PROGRAM CODES:
• TW20 -- Denali Access System Program (FYs 2006-2009)(SAFETEA-LU)
• LW10 - STP funds apportioned to Alaska under SAFETEA-LU and transferred to Denali Commission for use on the Denali Access System Program (Maximum of 15% of Alaska's STP apportionment) • TW30 – Denali Access System Program (P.L. 111-8)
• LW1E - STP funds apportioned to Alaska under SAFETEA-LU extensions and transferred to Denali Commission for use on the Denali Access System Program (Maximum of 15% of Alaska's STP apportionment)
• MW10 - STP funds apportioned to Alaska under MAP-21 and transferred to Denali Commission for use on the Denali Access System Program (Maximum of 15% of Alaska's STP apportionment) FEDERAL SHARE: Under the provisions of section 309(j)(2) of the Denali Commission Act of 1998, as amended by section 1520 of MAP-21, Federal share is governed by 23 U.S.C. 120(b).
PERIOD AVAILABLE: Until expended, under the provisions of section 309(j)(2) of the Denali
Commission Act of 1998, as amended by section 1960 of SAFETEA-LU. (Denali Access System Program funds and STP funds apportioned to Alaska under SAFETEA-LU and transferred under the provisions of MAP-21 to Denali Commission for use on the Denali Access System Program)
FUND: Highway account of the Highway Trust Fund (TW20, LW10, LW1E, and MW10); General Fund (TW30)
FUND DISTRIBUTION METHOD: Allocation (TW20 and TW30); LW10, LW1E, and MW10 are regular STP apportioned funds
TYPE OF AUTHORITY: Contract (TW20, LW10, LW1E, and MW10); Budget (TW30)
SUBJECT TO OBLIGATION LIMITATION: Yes (TW20, LW10, LW1E, and MW10); No (TW30)
STATUTORY REFERENCE: Section 309 and 311(c)(1) of the Denali Commission Act of 1998 (Title III of Division C of Public Law 105-277), as amended by section 1960 of SAFETEA-LU and section 1520 of MAP-21.
CFR REFERENCE: None
ELIGIBILITY: Planning, design, engineering, and construction of road and other surface transportation infrastructure identified on the list of transportation projects developed by the Denali Access System Program Advisory Committee. In addition, under the provisions of section 309(f), funding for a
construction project may include an additional 10 percent of the total cost of construction, to be used for future maintenance of the project.
BACKGROUND: Section 1960 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59, August 10, 2005) established the Denali Access System Program by adding section 309 to the Denali Commission Act of 1998 (DCA).
Under the provisions of section 309(j) of the DCA, $15 million was authorized for each of fiscal years 2006 through 2009. Under the provisions of section 1102(f) of SAFETEA-LU, Redistribution of Certain Authorized Funds, and section 110(e) of the Department's annual appropriation act, only the amount of the authorized funds for which obligation authority (OA) was provided was made available to the Denali Commission for obligation. The remaining funds were distributed to the States in accordance with sections 1102(f) and 110(e). As a result, the actual allocation distributed to the Denali Commission each
year was determined by multiplying the SAFETEA-LU authorized amount by the calculated obligation limitation percentage for that fiscal year.
In addition to the above funds authorized for the Denali Access System Program, under the provisions of section 309(i) of the DCA, the State of Alaska may transfer up to 15 percent of its Surface Transportation Program (STP) apportionment to the Denali Access System Program. The Transportation Enhancement set-aside under 23 U.S.C. 133(d)(2) as in affect prior to MAP-21 did not apply to these transfers.
Section 309(b) of the DCA, as amended, requires the establishment of a Denali Access System Program Advisory Committee to:
• Advise the Denali Commission on surface transportation needs of Alaska Native villages and rural communities, including projects for the construction of essential access routes within Alaska Native villages and rural communities, and for the construction of roads and facilities necessary to connect isolated rural communities to a road system;
• Advise the Denali Commission on considerations for coordinating transportation planning among the Alaska Native villages, rural communities, the State, and other governmental entities;
• Establish an annual list of transportation project priorities and funding recommendations for Alaska Native villages and rural communities; and
• Facilitate the Denali Commission's work when a transportation project involves more than one region. Under the provisions of section 309(d), the Denali Commission shall encourage, to the maximum extent practicable, the use of businesses and employees that are residents of Alaska in the construction of the Denali Access System Program projects.
Under the provisions of section 309(e), The Denali Commission shall determine appropriate design standards and technology for each Denali Access System Program project, considering the location and functionality of the project.
Under the provision of section 309(h), funds made available for the Denali Access System Program, including any Alaska STP funds transferred to the Denali Access System Program, may be used to meet the non-Federal share of the costs of projects under title 23.
Omnibus Appropriations Act, 2009 (PL 111-8) provided $5,700,000 from the General Fund for the Denali Access System Program as authorized under section 1960 of Public Law 109-59. These funds remain available until expended.
The extensions of SAFETEA-LU for fiscal years 2010 through 2012 extended the program and provided $15 Million each year. For FY 2011 and 2012, the program was determined to be “sufficiently funded” and the funds were redistributed to Alaska under section 411(d)(4) of the applicable extension act. Section 1520 of the Moving Ahead for Progress in the 21st Century Act (MAP-21, P.L. 112-141) did not provide any additional funding for the Denali Commission but maintained the provision permitting transfers from Alaska of up to 15% of STP funding. In addition, MAP-21 made revisions to the program related to how the commission may accept gifts for the purpose of carrying out the program (section 305(c) of the DCA) and also how transfers from Federal agencies are to be treated (section 311 of the DCA). Transfers under MAP-21 are available until expended and the funds are “merged” with other funds made available to the program.