STATUS: ACTIVE until High Priority Projects Program funds are rescinded or expended. PROGRAM CODES:
• Q920 – Funds allocated to States with special HPPs obligation authority (TEA-21 Section 1602 HPPs, FYs 1998-2003)
• Q930 – Funds transferred from program code Q920 by States for use with regular Federal-aid program obligation authority (TEA-21, Section 1602 HPPs, FYs 1998-2003)
• HY10 – Funds allocated to States with special HPPs obligation authority (SAFETEA-LU Section 1702 HPPs 1-3676, FY 2005)
• HY20 – Funds allocated to States with special HPPs obligation authority (SAFETEA-LU Section 1702 HPPs 3677-5173, FY 2005)
• LY10 – Funds allocated to States with special HPPs obligation authority (SAFETEA-LU Section 1702 HPPs 1-3676, FYs 2006-2009)
• LY20 – Funds allocated to States with special HPPs obligation authority (SAFETEA-LU Section 1702 HPPs 3677-5173, FYs 2006-2009)
• L930 – Funds transferred from program code Q920 by States for use with regular Federal-aid program obligation authority (SAFETEA-LU, Section 1702 HPPs, FYs 2005-2009)
PROGRAM CODES FOR SPECIFIC PROJECTS: T1Y0, T2Y0, TAY0, TCY0, TDY0, TY20, TYA0, TYB0, TYC0, TYD0, TYE0, TYF0, TYL0, TYM0, TYN0, TYP0, TYQ0, TYR0, TYS0, TYT0, TYW0, TYY0, QC80, QC90, R920, R9A0, R9B0, R9C0, R9D0, R0E0, R9F0, R9G0, R9H0, R9J0, R9K0, R9L0, R9M0, R9N0, R9P0, T9N0
FEDERAL SHARE: Under the provisions of pre-MAP-21 23 U.S.C. 117(c) [second subsection (c) under section 117], Federal share is 80 percent. Exceptions to the 80 percent Federal share are as follows (23 U.S.C. references are pre-MAP-21):
• Under the provisions of 23 U.S.C. 120(h), the Federal share of any HPP in 23 U.S.C. 117 in the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, shall be 100 percent.
• Under the provisions of section 1212(h) of TEA-21, as re-designated by title IX of Public Law 105- 206, the Federal share for any HPP under 23 U.S.C. 117 for renovation and construction of the Baltimore Washington Parkway in Prince Georges County, Maryland shall be 100 percent [HPP 1020 in section 1602 of TEA-21].
• Under the provisions of 23 U.S.C. 117(c), as amended by section 363 of the FY 2001 DOT Appropriations Act (Public Law 106-346), the Federal share for HPP 1419, Shiloh Military Park project, in section 1602 of TEA-21, shall be 100 percent.
• Under the description for Rhode Island HPP 4850 in section 1702 of SAFETEA-LU, the Federal share is 50 percent.
• Under the provisions of section 1913 of SAFETEA-LU, the Federal share for any project for the construction of a bridge between Bismarck and Mandan, North Dakota, shall be 90 percent [HPP 200 in section 1702 of SAFETEA-LU].
• Under the provisions of section 1964 of SAFETEA-LU, the Federal share for HPPs in section 1702 of SAFETEA-LU in the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota, shall be determined in accordance with 23 U.S.C. 120(b), which includes the sliding scale increase. • Under the provisions of section 184 of the FY 2006 Transportation Appropriations Act (Public Law
109-115), the Federal share for Vermont HPPs 5094 and 5096 in section 1702 of SAFETEA-LU shall be subject to 23 U.S.C. 120(c), Increased Federal Share for Certain Safety Projects.
FUND: Highway Account of the Highway Trust Fund FUND DISTRIBUTION METHOD: Allocation
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes, but the special obligation authority is available until obligated, under the provisions of 23 U.S.C. 117(g) as in effect prior to MAP-21.
STATUTORY REFERENCE: 23 U.S.C. 117 as in effect prior to MAP-21 (was repealed by MAP-21 Sec 1519). Sections 1101(a)(13) and 1601-1603 of TEA-21, and Sections 1101(a)(16) and 1701-1703 of SAFETEA-LU are not affected by MAP-21 Sec. 1519 repeal.
CFR REFERENCE: None
ELIGIBILITY: Information relative to eligible activities (i.e., studies, preliminary engineering, construction, etc.) is specified in the project description in Section 1602 of TEA-21 or Section 1702 of SAFETEA-LU. BACKGROUND: Section 1601 of the Transportation Equity Act for the 21st Century (TEA-21, P.L. 105- 178, June 9, 1998), created the High Priority Projects Program under 23 U.S.C. 117. Section 1101(a)(13) of TEA-21 authorized over $9.3 billion for FYs 1998 through 2003 for the HPPs program. Section 1602 of TEA-21, as amended by the TEA-21 Restoration Act (Title IX of the Internal Revenue Service
Restructuring and Reform Act of 1998, P.L. 105-206, July 22, 1998), authorized 1850 HPPs to utilize this funding.
Under the provisions of 23 U.S.C. 117(b), as established by section 1601(a) of TEA-21, the funds were allocated to the States by project in accordance with the following schedule:11 percent in FY 1998, 15 percent in FY 1999, 18 percent each in FY 2000 and FY 2001, and 19 percent each in FY 2002 and FY 2003.
The allocated TEA-21 funds could only be used for the particular project for which they were provided. Under the provisions of TEA-21 section 1212(g), as re-designated by title IX of Public Law 105-206, and, as amended by section 356 of the FY 1999 DOT Appropriations Act [section 101(g) of the FY 1999 Omnibus Appropriations Act (Public Law 105-277)] and section 348 of the FY 2000 DOT Appropriations Act (Public Law 106-69), the States of Alaska, Idaho, Minnesota, New Jersey, and West Virginia could pool their HPP funds to use on any of their high priority projects, as long as no project's authorized amount was reduced. This allowed these States to advance some of their HPPs during the TEA-21 years by utilizing HPP funds from their other HPPs until the full authorized TEA-21 HPP amounts were made available in FY 2003.
Section 1701(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law 109-59, August 10, 2005) amended 23 U.S.C. 117 to provide for additional HPPs authorized in section 1702 of SAFETEA-LU. Section 1101(a)(16) of SAFETEA-LU authorized over $14.8 billion for FYs 2005 through 2009 for the 5,091 HPPs authorized in section 1702 of SAFETEA-LU. The HPPs in section 1702 are numbered from 1 through 5,173, but there are no projects associated with 82 of the HPP numbers in section 1702.
Under the provisions of pre MAP-21 23 U.S.C. 117(c) [first subsection (c) added by section 1701(b) of SAFETEA-LU], 20 percent of the authorized amounts for the projects in section 1702 are to be allocated in each of FYs 2005 through 2009.
Under the provisions of section 1102(c)(4)(A) of SAFETEA-LU, the obligation authority for the HPPs numbered 1 through 3676 in section 1702 of SAFETEA-LU is distributed by project. The obligation authority for HPPs numbered 3677 and above is distributed by State.
Under the provisions of pre-MAP-21 23 U.S.C. 117(e), Advance Construction, a State may advance a HPP without the aid of Federal funds and be reimbursed with the Federal HPP funds as they become available.
Under the provisions of section 1936 of SAFETEA-LU, a State may advance a HPP under pre-MAP-21 23 U.S.C. 117 with Federal-aid highway funds apportioned under pre-MAP-21 23 U.S.C. 104(b), from a program for which the HPP is eligible. Apportioned funds utilized for this shall be restored from HPP funds when they are made available.
Under the provisions of section 1935 of SAFETEA-LU, States may obligate funds allocated for section 1702 HPPs numbered above 3676, section 1301 Projects of National and Regional Significance numbered above 18, section 1302 National Corridor Infrastructure Improvement Program projects numbered above 27, and all section 1934 Transportation Improvements projects for any of the other projects within these limits, as long as the authorized amount for any of these projects in SAFETEA-LU is not reduced. This provision permits States to advance some of these projects, during the SAFETEA-LU years until the full authorized amounts are available in FY 2009, by utilizing allocations amongst these programs/projects.
Under the provisions of section 1102(j) of SAFETEA-LU, States may utilize obligation authority provided for section 1702 HPPs numbered 1 through 3676 for any other section 1702 HPP in the same State. Any obligation authority used in this manner shall be restored to the original project the following fiscal year. The Moving Ahead for Progress in the 21st Century (MAP-21, P.L. 112-141) contained no new earmarks and sec 1519 repealed 23 U.S.C. 117 (High Priority Projects).