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Home / Resources / Legislation, Regulations and Guidance / Directives and Memorandum / Notices / N 4510.861

This directive was canceled April 8, 2022.

Notice
Subject
APPORTIONMENT OF FISCAL YEAR (FY) 2022
HIGHWAY INFRASTRUCTURE PROGRAM FUNDS FOR THE BRIDGE FORMULA PROGRAM
PURSUANT TO THE INFRASTRUCTURE INVESTMENT AND JOBS ACT
Classification Code
N 4510.861
Date
January 14, 2022
Office of Primary Interest
HCFB-10

  1. What is the purpose of this Notice?  Title VIII of division J of the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law), Public Law (Pub. L.) 117-58, appropriated $9,454,400,000 for Highway Infrastructure Programs (HIP) for FY 2022. Of such amount, $5,500,000,000 shall be set aside for a bridge replacement, rehabilitation, preservation, protection, and construction program (hereafter, Bridge Formula Program (BFP)). This Notice transmits the certificate of apportionment for the BFP. The apportionment is effective immediately.

    The remainder of the funding shall be set aside for other activities that are not the subject of this Notice. This includes $1,000,000,000 set aside for the National Electric Vehicle Infrastructure Formula Program; $250,000,000 set aside for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Pub. L. 102-240; $640,000,000 set aside for the Nationally Significant Freight and Highway Projects Program under section 117 of title 23, United States Code (U.S.C.); $1,847,000,000 set aside for the Bridge Investment Program under section 124 of title 23, U.S.C.; $30,000,000 set aside for the Reduction of Truck Emissions at Port Facilities Program under section 11402 of division A of the Bipartisan Infrastructure Law; $19,000,000 set aside for the University Transportation Centers Program under section 5505 of title 49, U.S.C.; $100,000,000 set aside for the Reconnecting Communities Pilot Program under section 11509 of division A of the Bipartisan Infrastructure Law; and $68,400,000 set aside for the Construction of Ferry Boats and Ferry Terminal Facilities Program under section 147 of title 23, U.S.C.

  2. What amount is available for distribution under this Notice?
    1. The Bipartisan Infrastructure Law authorizes the Federal Highway Administration (FHWA) to retain, for operations and administration of the FHWA, up to 0.5 percent of the amounts appropriated for the BFP. 

    2. The applied administrative takedown from funds appropriated for the BFP is $27,500,000.

    3. In addition, FHWA shall set aside 3 percent ($165,000,000) from funds appropriated for the BFP, to carry out section 202(d) of title 23, U.S.C. (Tribal Transportation Facility Bridges).

    4. Therefore, the amount of funds available for distribution to the States under this Notice is $5,307,500,000 after the application of an administrative takedown of $27,500,000 and a set-aside of $165,000,000.

  3. What is the availability of these funds?

    1. The funds resulting from this apportionment for the BFP are available for obligation until September 30, 2025. Any amounts not obligated by a State, as defined in 23 U.S.C. 101, on .or before September 30, 2025, shall lapse

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

    3. The program codes to be used when obligating these funds for FY 2022 are as follows:

      Program Code Program Description CFDA Number
      Y110 Bridge Formula Program – Main Code

      20.205
      Y120 Bridge Formula Program – Off-System Bridges Set-aside 20.205
  4. What is the background information for the Bridge Formula Program?

    1. The funds resulting from this apportionment are eligible to be obligated on highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads. Such projects shall be treated as projects on a Federal-aid highway.

    2. After reserving the applicable administrative takedown and set-aside described in paragraph (2), the funds available for distribution to the States, as defined in 23 U.S.C. 101, have been apportioned to the States as follows:

      • (i) 75 percent by the proportion that the total cost of replacing all bridges classified in poor condition in such State bears to the sum of the total cost to replace all bridges classified in poor condition in all States; and

      • (ii) 25 percent by the proportion that the total cost of rehabilitating all bridges classified in fair condition in such State bears to the sum of the total cost to rehabilitate all bridges classified in fair condition in all States.

    3. The amounts shall be adjusted such that each State receives at least $45,000,000.

    4. After making the distribution in subparagraph (b) and any necessary adjustments in subparagraph (c), 15 percent shall be set aside for each State for use on off-system bridges1 for the same purposes described in subparagraph (a).
    5. Except as otherwise provided, the funds shall be administered as if apportioned under chapter 1 of title 23, U.S.C.

    6. The Federal share payable for the BFP (except for off-system bridges as described below) shall be determined in accordance with section 120 of title 23, U.S.C. However, the application of the increased Federal share under 23 U.S.C. 120(c)(1) to funds from this apportionment is not subject to the cap on such uses that applies to funds apportioned under 23 U.S.C. 104.

      • (i) The Federal share for costs reimbursed with funds under the BFP for an off-system highway bridge owned by a county, town, township, city, municipality or other local agency, or federally-recognized Tribe shall be 100 percent.

    7. The funds are not transferable under section 126 of title 23, U.S.C.

  5. What is the distribution of funds for the Bridge Formula Program?

    1. The Bipartisan Infrastructure Law appropriates a total of $5,500,000,000 in HIP funds for bridge replacement, rehabilitation, preservation, protection, and construction.

    2. The amount of funds available for distribution to the States is $5,307,500,000 after the application of an administrative takedown of $27,500,000 and a set-aside of $165,000,000 to carry out section 202(d) of title 23, U.S.C. (Tribal Transportation Facility Bridges). The attached Table 1 shows the State-by-State distribution of funds.

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

 

Signature of Stephanie Pollack

Stephanie Pollack
Deputy Administrator


1 The term "off-system bridge" means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,307,500,000 APPROPRIATED
FOR THE HIGHWAY INFRASTRUCTURE PROGRAM BRIDGE REPLACEMENT,
REHABILITATION, PRESERVATION, PROTECTION, AND CONSTRUCTION PROGRAM

TO—

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to the Infrastructure Investment and Jobs Act, title VIII of division J, Public Law 117-58, and the delegation of authority from the Secretary of Transportation to the Federal Highway Deputy Administrator, section 1.85 of title 49, Code of Federal Regulations, I certify—

First, that pursuant to the Infrastructure Investment and Jobs Act, title VIII of division J, Public Law 117-58, the amount appropriated for the Highway Infrastructure Program (HIP) bridge replacement, rehabilitation, preservation, protection, and construction program, for the fiscal year ending September 30, 2022, is $5,500,000,000.

Second, that pursuant to the Infrastructure Investment and Jobs Act, title VIII of division J, Public Law 117-58, of the amount appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program, the Federal Highway Administration (FHWA) will retain $27,500,000 for operations and administration of the FHWA.

Third, that pursuant to the Infrastructure Investment and Jobs Act, title VIII of division J, Public Law 117-58, of the amount appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program, FHWA has set aside $165,000,000 to carry out section 202(d) of title 23, United States Code (U.S.C.) (Tribal Transportation Facility Bridges).

Fourth, that after the application of the administrative takedown and set-aside, the amount of funds available for distribution to the States, the District of Columbia, and Puerto Rico for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program is $5,307,500,000.

Fifth, that I have computed the apportionment to each State, the District of Columbia, and Puerto Rico of the amounts appropriated for the HIP bridge replacement, rehabilitation, preservation, protection, and construction program in the manner provided by law.

Sixth, that the sums that are hereby apportioned to each State, the District of Columbia, and Puerto Rico effective immediately, are respectively as follows:

 

N4510.861 - TABLE 1

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF HIGHWAY INFRASTRUCTURE PROGRAM FUNDS
FOR THE BRIDGE FORMULA PROGRAM PURSUANT TO THE BIPARTISAN
INFRASTRUCTURE LAW, TITLE VIII OF DIVISION J, PUBLIC LAW 117-58

State Bridge Formula Program
Bridge
(Main)
Off-System
Bridges
Total
Alabama 38,250,000 6,750,000 45,000,000
Alaska 38,250,000 6,750,000 45,000,000
Arizona 38,250,000 6,750,000 45,000,000
Arkansas 47,385,868 8,362,212 55,748,080
California 721,967,649 127,406,056 849,373,705
Colorado 38,250,000 6,750,000 45,000,000
Connecticut 95,439,019 16,842,180 112,281,199
Delaware 38,250,000 6,750,000 45,000,000
Dist. of Col. 38,250,000 6,750,000 45,000,000
Florida 41,633,022 7,347,004 48,980,026
Georgia 38,250,000 6,750,000 45,000,000
Hawaii 57,631,918 10,170,338 67,802,256
Idaho 38,250,000 6,750,000 45,000,000
Illinois 233,586,398 41,221,129 274,807,527
Indiana 68,108,599 12,019,165 80,127,764
Iowa 73,410,859 12,954,857 86,365,716
Kansas 38,250,000 6,750,000 45,000,000
Kentucky 74,509,147 13,148,673 87,657,820
Louisiana 172,258,050 30,398,479 202,656,529
Maine 38,250,000 6,750,000 45,000,000
Maryland 69,616,340 12,285,236 81,901,576
Massachusetts 191,467,762 33,788,429 225,256,191
Michigan 95,733,249 16,894,103 112,627,352
Minnesota 51,375,567 9,066,277 60,441,844
Mississippi 38,250,000 6,750,000 45,000,000
Missouri 82,337,760 14,530,193 96,867,953
Montana 38,250,000 6,750,000 45,000,000
Nebraska 38,250,000 6,750,000 45,000,000
Nevada 38,250,000 6,750,000 45,000,000
New Hampshire 38,250,000 6,750,000 45,000,000
New Jersey 195,007,070 34,413,012 229,420,082
New Mexico 38,250,000 6,750,000 45,000,000
New York 321,652,184 56,762,150 378,414,334
North Carolina 77,662,755 13,705,192 91,367,947
North Dakota 38,250,000 6,750,000 45,000,000
Ohio 82,168,666 14,500,353 96,669,019
Oklahoma 45,373,918 8,007,162 53,381,080
Oregon 45,598,417 8,046,779 53,645,196
Pennsylvania 278,101,804 49,076,789 327,178,593
Puerto Rico 38,250,000 6,750,000 45,000,000
Rhode Island 40,041,151 7,066,085 47,107,236
South Carolina 46,634,040 8,229,536 54,863,576
South Dakota 38,250,000 6,750,000 45,000,000
Tennessee 51,355,766 9,062,782 60,418,548
Texas 91,311,156 16,113,733 107,424,889
Utah 38,250,000 6,750,000 45,000,000
Vermont 38,250,000 6,750,000 45,000,000
Virginia 91,258,536 16,104,448 107,362,984
Washington 102,860,770 18,151,901 121,012,671
West Virginia 86,137,561 15,200,746 101,338,307
Wisconsin 38,250,000 6,750,000 45,000,000
Wyoming 38,250,000 6,750,000 45,000,000
Total 4,511,375,001 796,124,999 5,307,500,000
Program Code Y110 Y120  

APPROVED EFFECTIVE: January 14, 2022

/SIGNED/
FEDERAL HIGHWAY DEPUTY ADMINISTRATOR

Best for printing: n4510861.pdf (514 KB)

Page posted on January 14, 2022
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000