1. What is the purpose of this Notice? The Department of Transportation Appropriations Act, 2024, Title I of Division F, Public Law (Pub. L.) 118-42 appropriated $2,224,676,687 for Highway Infrastructure Programs (HIP). Of such amount, $100,000,000 shall be set aside for necessary expenses for construction of the Appalachian Development Highway System (ADHS) as authorized under Section 1069(y) of Pub. L. 102-240. This Notice transmits the certificate of apportionment for HIP funds for the above activity. 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. $1,884,176,687 set aside for the purposes, and in the amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled "Community Project Funding/Congressionally Directed Spending" included in the associated explanatory statement;

   2. $150,000,000 set aside for activities eligible under the Tribal Transportation Program, as described in Section 202 of Title 23, United States Code (U.S.C.);

   3. $5,000,000 set aside for transfer to the Northern Border Regional Commission to make grants, in addition to amounts otherwise made available to the Northern Border Regional Commission for such purpose, to carry out pilot projects that demonstrate the capabilities of wood-based infrastructure projects;

   4. $4,500,000 set aside for transfer to the Denali Commission for activities eligible under Section 307(e) of the Denali Commission Act of 1998, Pub. L. 105-277;

   5. $13,500,000 set aside for transfer to the Denali Commission to carry out the Denali Access System Program under Section 309 of the Denali Commission Act of 1998, Pub. L. 105-277;

   6. $10,000,000 set aside for the Regional Infrastructure Accelerator Demonstration Program authorized under Section 1441 of the Fixing America's Surface Transportation Act;

   7. $7,500,000 set aside for the National Scenic Byways Program under Section 162 of Title 23, U.S.C.; and

   8. $50,000,000 set aside for a Competitive Highway Bridge Program for highway bridge replacement or rehabilitation projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects.¹

2. What is the availability of these funds?

   1. The funds resulting from this apportionment for necessary expenses for construction of the ADHS as authorized under Section 1069(y) of Pub. L. 102-240 are available for obligation until expended.

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

   3. The Federal share payable for necessary expenses for construction of the ADHS as authorized under Section 1069(y) of Pub. L. 102-240 shall be up to 100 percent.

   4. The program code to be used when obligating these funds is as follows:

      Program Code	Program Description	CFDA Number
      Y918	Appalachian Development Highway System	23.003

3. What is the background information for the Appalachian Development Highway System Program?

   1. The funds resulting from this apportionment are available to States that contain one or more counties (including any political subdivision located within the area) in the Appalachian region as defined in Section 14102(a) of Title 40, U.S.C.

   2. The funds shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State's relative share of the estimated remaining need to complete the ADHS, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an ADHS corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook.

   3. The apportionments shall be adjusted so that no Appalachian State is apportioned an amount in excess of 30 percent of the amount made available.

   4. Adjustments to the apportionments shall be made only after consulting with the Appalachian Regional Commission.

   5. The funds shall be administered as if apportioned under Chapter 1 of Title 23, U.S.C., except as provided in paragraph (3)(f).

   6. A project carried out with funds for construction of the ADHS shall be carried out in the same manner as a project under Section 14501 of Title 40, U.S.C.

   7. Section 11101(e) of the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law), Pub. L. 117-58, which pertains to amounts for disadvantaged business enterprises, shall apply to funds resulting from this apportionment.

4. What is the distribution of funds for the Appalachian Development Highway System Program?

   1. The Department of Transportation Appropriations Act, 2024, appropriates a total of $100,000,000 in HIP funds for the ADHS.

   2. The amount of funds available for distribution to the States is $100,000,000. The attached Table 1 shows the State-by-State distribution of funds.

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

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $100,000,000 APPROPRIATED
FOR THE HIGHWAY INFRASTRUCTURE PROGRAMS

TO-

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

Pursuant to the Department of Transportation Appropriations Act, 2024, Title I of Division F, Public Law (Pub. L.) 118-42, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administration Administrator, Section 1.85 of Title 49, Code of Federal Regulations, I certify-

First, that pursuant to the Department of Transportation Appropriations Act, 2024, Title I of Division F, Pub. L. 118-42, the amount appropriated for the Highway Infrastructure Programs (HIP) for necessary expenses for construction of the Appalachian Development Highway System (ADHS) as authorized under Section 1069(y) of Pub. L. 102-240 for the fiscal year ending September 30, 2024, is $100,000,000.

Second, that I have computed the apportionment to each Appalachian State of the amounts appropriated for the HIP for necessary expenses for construction of the ADHS as authorized under Section 1069(y) of Pub. L. 102-240 in the manner provided by law.

Third, that the sums that are hereby apportioned to each Appalachian State, effective immediately, are respectively as follows:

Table 1

N4510.890 - Table 1

APPROVED EFFECTIVE: April 26, 2024

/SIGNED/
FEDERAL HIGHWAY DEPUTY ADMINISTRATOR