FHWA Implements Unspent Earmark Provision

On March 8, 2016, the Federal Highway Administration (FHWA) published a memorandum implementing provisions of the fiscal year (FY) 2016 omnibus appropriations bill that allow states and territories to repurpose unspent, 10-year-old earmarks on new or existing projects. States and territories are restricted to spending most funds within 50 miles of the projects for which they were originally intended, and must obligate funds by the end of FY 2019.

FHWA also published a list of earmarks that are available to be repurposed (and information on other earmarks that may be eligible), and a set of Frequently Asked Questions. This Issue Brief summarizes the agency guidance and provides a state-level breakdown of available funding.