Sliding Scale Rates
Updated April 20, 2007
STATUS: ACTIVE The Federal share may be increased in States containing public lands in accordance with sliding scale rates determined by the
FHWA.
PROGRAM CODE: Same as source funds
FEDERAL SHARE: Varies. See the latest FHWA Notice (4540 Series) for the current rates.
PERIOD AVAILABLE: Same as source funds
FUND: Same as source funds
FUND DISTRIBUTION METHOD: N/A
TYPE OF AUTHORITY: N/A
SUBJECT TO OBLIGATION LIMITATION: N/A
STATUTORY REFERENCE: 23 U.S.C. 120(a), 120(b)(1), and 120(b)(2)
CFR REFERENCE: None
ELIGIBILITY: N/A
BACKGROUND: The Federal share may be increased in States containing significant Federal lands in accordance with rates determined by the
FHWA. These sliding scale rates are revised periodically and published in the FHWA Notices in the 4540 series. Reference to the latest issuance
should be made for the current rates.
23 U.S.C. 120(a) provides the normal Federal share for projects on the Interstate System (including projects to add high occupancy vehicle lanes or
auxiliary lanes, but not including projects to add any other lanes) and provides for increasing it by certain sliding scale rates as follows:
•
•
•
These rates are based on the ratio of the area of unappropriated and unreserved public lands and nontaxable Indian lands to the total
area of the State.
Rates are available for States in which the designated public land area exceeds 5 percent of the total area of the State. Eligible States
presently include Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington,
and Wyoming.
The maximum rate of Federal participation is 95 percent.
23 U.S.C. 120(b)(1) provides the normal Federal share for projects that are not on the Interstate System and provides for increasing it by certain
sliding scale rates as follows:
•
•
•
These rates are based on the ratio of the areas of nontaxable Indian lands and public domain lands (both reserved and unreserved),
exclusive of national forests and national parks and monuments, to the total area of the State.
Rates are available for States in which the designated public land area exceeds 5 percent of the total area of the State. Eligible States
presently include Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah,
Washington, and Wyoming.
The maximum rate of Federal participation is 95 percent.
23 U.S.C. 120(b)(2) also provides the normal Federal share for projects that are not on the Interstate System and provides for increasing it by certain
sliding scale rates, determined by a second method, as follows:
•
•
•
•
These rates are based on the ratio of the areas of nontaxable Indian lands, public domain lands (both reserved and unreserved), national
forests, and national parks and monuments, to the total area of the State.
Rates are available to some degree for all States.
The maximum rate of Federal participation is 95 percent.
These rates are available for States that have signed agreements pursuant to 23 U.S.C. 120(b)(2).
ADDITIONAL INFORMATION: Contact the Office of the Chief Financial Officer (HCF).
FHWA Notices
Page 1 of 10
FHWA Notices
NOTICE
DATE
ISSUED
N1130.1
8/20/76
Submission of Newspaper Articles to Office of Public Affairs (Distr: Regions, Divisions)
N1320.6
9/28/90
Freedom of Information Act - Predisclosure Notification to Submitters of Confidential Commercial
Information
N1710.1
6/25/82
Procedures for Control of Expenditures for the Purchase of Periodicals, Magazines, Professional
Journals, and Research Reports
TITLE
N2000.449 8/4/93
Federal Procurement Debarment and Nonprocurement Debarment
N2000.452 10/27/93
Decision Not to Debar
N2000.453 11/2/93
Proposed Debarment From Federal Nonprocurement Programs
N2000.455 11/9/93
Debarment From Federal Nonprocurement Programs and Projects
N2000.456 11/9/93
Debarment From Federal Nonprocurement Programs and Projects
N2000.459 2/2/94
Suspension and Proposed Debarment From Federal Nonprocurement Programs
N2000.461 3/9/94
Debarment From Federal Nonprocurement Programs and Projects
N2000.462 3/10/94
Suspension and Proposed Debarment From Federal Nonprocurement Programs
N2000.463 3/29/94
Federal Nonprocurement Suspension and Proposed Debarment
N2000.465 5/20/94
Debarment From Federal Nonprocurement Programs
N2000.468 9/8/94
Suspension and Proposed Debarment From Federal Nonprocurement Programs
N2000.487 5/19/95
Modification of Suspension from Federal Nonprocuremnt Programs - Amended
N2000.488 7/30/99
Debarment From Federal Nonprocurement Programs
N2000.489 8/13/99
Voluntary Exclusion from Federal Nonprocurement Programs
N2000.490 4/18/00
Debarment from Federal Nonprocurement Programs
N2000.495 4/18/01
Suspension and Proposed Debarment from Federal Nonprocurement Programs
N2000.496 6/8/01
Debarment from Federal Nonprocurement Programs
N2000.497 4/12/02
Suspension and Proposed Debarment from Federal Nonprocurement Programs
N2000.498 5/9/02
Suspension from Federal Nonprocurement Programs
N2000.500 06/7/02
Debarment from Federal Nonprocurement Programs
N2000.504 08/14/02
Debarment from Federal Nonprocurement Programs
N2000.506 10/4/02
Debarment From Federal Nonprocurement Programs
N2000.507 10/18/02
Debarment From Federal Nonprocurement Programs
N2000.511 05/22/03
FHWA Decision Not To Debar
N2000.512 06/10/03
Suspension From Federal Nonprocurement Programs
N2000.514 07/02/03
Debarment From Federal Nonprocurement Programs
N2000.519 09/25/03
Debarment From Federal Nonprocurement Programs
N2000.520 10/09/03
Suspension and Proposed Debarment from Federal Nonprocurement Programs
N2000.521 01/08/04
Debarment from Federal Nonprocurement Programs
N2000.522 01/08/04
Debarment from Federal Nonprocurement Programs
N2000.523 01/08/04
Debarment from Federal Nonprocurement Programs
N2000.524 02/17/04
Debarment from Federal Nonprocurement Programs
N2000.525 02/25/04
Debarment from Federal Nonprocurement Programs
N2000.528 04/23/04
Suspension from Federal Nonprocurement Programs
N2000.532 05/24/04
Suspension and Proposed Debarment from Federal Nonprocurement Programs
http://www.fhwa.dot.gov/legsregs/directives/notices.htm
8/15/2007
FHWA Notices
Page 10 of 10
N4520.191 3/19/07
Federal-aid Highway Program Obligations Fiscal Year (FY) 2007
N4520.192 7/31/07
Federal-aid Highway Program Obligations - Fiscal Year (FY) 2007 Redistribution After August 1,
2007
3/17/92
Sliding Scale Rates In Public Land States - Rates Effective March 17, 1992
N4550.7
8/14/92
Release of Interstate Construction Funds By States Prusuant to Title 23, United States Code,
Section 104(B)(5)(A)
N4550.8
8/11/93
Release of Interstate Construction Funds by States Pursuant to Title 23, United States Code,
Section 104(B)(5)(A)
N4550.10
3/14/96
State Unobligated Balance Flexibility - Section 204 of the National Highway System Designation
Act of 1995
N4700.6
12/5/94
FHWA Task Force to Improve Management and Impacts of Civil Rights Programs
N4720.4
10/6/83
Change In Equal Employment Opportunity Contract Compliance Review Reporting System
N4720.6
9/2/92
Impacts of the Civil Rights Restoration Act of 1987 On FHWA Programs
N4720.7
3/15/93
Indian Preference in Employment on Federal-aid Highway Projects on and Near Indian
Reservations
N4540.12
N4720.9A 3/4/04
Funding Construction Career Days Initiative and the American Association of State Highway and
Transportation Officials (AASHTO)/ Transportation and Civil Engineering (TRAC) Careers
Outreach Program
N4900.4
2/9/89
Modification of Procedure for Obtaining National Highway Institute Short Courses
N5020.15
5/16/80
Emergency Relief Program - Eligibility of Ferryboat Operation and Maintenance
N5040.23
2/16/77
Electro-Slag Welding
N5040.25
6/28/77
Electro-Slag Welding
N5080.105 1/29/86
Interim Revisions to Federal Highway Administration (FHWA) Form PR 1316, Required Contract
Provisions, Appalachian Development Highway System and Local Access Roads Construction
Contracts
N5140.13
4/24/78
Weld Details
N5180.28
3/7/89
Minority Business Enterprise Training Program, FY 1989 Supportive Services Funds Allocation
N5600.7
9/5/85
Traffic Monitoring Guide
N5600.10
1/6/94
A Guide to Reporting Highway Statistics
N6640.22
7/17/81
USCG/FHWA Memorandum of Understanding on Implementing NEPA
This page last modified on August 14, 2007
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Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 1 of 2
Notice
U.S. Department
of Transportation
Federal Highway
Administration
Subject
Sliding Scale Rates In Public Land States - Rates Effective March 17, 1992
Classification Code
N 4540.12
Date
March 17, 1992
1. Purpose. To provide tables which show sliding scale rates of Federal Participation in public lands States.
2. Authority
a. Rates applicable to projects on the Interstate System were determined pursuant to 23 U.S.C. 120(a).
b. Rates applicable to any project not on the Interstate System were determined pursuant to 23 U.S.C. 120 (b)(1)
and (2).
3. General
a. The sliding scale rates provided herein apply to the costs of Federal-aid projects financed from the respective
funds except for traffic control signalization projects, pavement marking projects, commuter carpooling and
vanpooling projects, and installation of traffic signs, traffic lights, guardrail, impact attenuators, concrete barrier
endtreatments, breakaway utility poles, or priority control systems projects for emergency vehicles at signalized
intersection financed at greater than the regular participation ratio. The sliding scale rates initially determined
shall be retained throughout the life of the project, except (1) the State may elect to revise active projects by
modification of agreements to utilize revised sliding scale rates, and (2) at the final voucher stage the State may
elect to utilize the sliding scale rate then in effect. However, this instruction does not permit revision from an
initially established Federal/State pro rata (70/30) for a project to a different Federal/State pro rata (75/25), i.e.,
a sliding scale rate based on a 70/30 pro rata may be changed to the revised sliding scale rate based on the
same 70/30 pro rata but not to a sliding scale rate basedon a different pro rata (75/25).
b. For traffic control signalization, pavement marking, commuter carpooling and vanpooling, installation of traffic
signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or
priority control systems projects, the maximum rate of participation of Federal-aid funds is 100 percent of the
cost of construction, except that not more than 50 percent is payable for right-of-way and property damage
costs obligated prior to July 1, 1973; 70 percent is payable July 1, 1973 to November 6, 1978; and 75 percent
payable November 6, 1978 to December 18, 1991.
c. Projects financed with HPR funds pursuant to 23 U.S.C. 307 and bridge funds pursuant to 23 U.S.C. 144 are
not subject to sliding scale rates.
d. The rate of Federal participation in projects financed with one percent metropolitan planning finds is 80 percent.
The sliding scale rates may be applied to this program.
4. Rates
a. Clause (1) Rates Applicable to Projects not subject to paragraph 4c below. The rates shown in Table 1 are
based on the ratio of the areas of nontaxable Indian lands and of public domain lands (reserved and
unreserved) exclusive of national forests and national parks, and monuments, to the total area of the State.
Rates are available for States in which the designated public land area exceeds 5 percent of the total area of
the State. The 50 percent Federal, 50 percent State rates apply to obligations incurred on projects from July 1,
1973. The 70 percent Federal, 30 percent State rates apply to obligations incurred on projects from July 1, 1973
to November 6, 1978. The 75 percent Federal, 25 percent State rates apply to obligation incurred on Federalaid non-Interstate projects on and after November 6, 1978.
b. Clause (2) Rates Applicable to Projects not subject to paragraph 4c below. These rates are shown in
Table 2 and are based on the ratio of the area of nontaxable Indian land, public domain lands (reserved and
http://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12.htm
8/15/2007
Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 2 of 2
unreserved), national forest, and national parks and monuments to the total area of the State. The 50 percent
Federal, 50 percent State rates apply to obligations incurred on projects prior to July 1, 1973. The 70 percent
Federal, 30 percent State rates apply to obligations incurred on projects from July 1, 1973 to November 6,
1978. The 75 percent Federal, 25 percent State rates apply to obligations incurred onFederal-aid non-Interstate
projects November 6, 1978, and thereafter. The maximum rate of Federal participation is 95 percent. These
rates are available for States that have signed agreements pursuant to 23 U.S.C. 120(b)(2).
c. Rates Applicable to Projects on the Interstate System (including a project to add high occupancy
vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes). These
rates are shown in Table 3 and are based on the ratio of the area of unappropriated and unreserved public
lands and nontaxable Indian lands to the total area of the State. Rates are available for States in which the
designated public land area exceeds 5 percent of the total area of the State. The maximum rate of Federal
participation is 95 percent.
/s/
Peter J. Basso
Director, Office of Fiscal Services
Attachments:
Table 1
Table 2
Table 3
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Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 1 of 1
FHWA NOTICE N 4540.12
March 12,1992
Table 1
U. S. Department of Transportation
Federal Highway Administration
Sliding Scale Rates of Federal-aid Participation in Public Lands States
Rates for Projects not on Interstate System
Pursuant to 23 U.S.C. 120(b)(1)
Effective March 17, 1992
State
Ratio of designated
public lands area
to total area of State 1/
Percentage of cost of Federal-Aid projects payable by Federal Government
50% Federal
50% State
70% Federal
30% State
75% Federal
25% State
85% Federal
15 % State
80% Federal
20% State
Alaska
0.5484
77.4200
86.4500
88.7100
93.2300
90.9700
Arizona
0.5243
76.2200
85.7300
88.1100
92.8600
90.4900
California
0.1786
58.9300
75.3600
79.4700
87.6800
83.5700
Colorado
0.1397
56.9900
74.1900
78.4900
87.1000
82.7900
Hawaii
0.0649
53.2500
71.9500
76.6200
85.9700
81.3000
Idaho
0.2486
62.4300
77.4600
81.2200
88.7300
84.9700
Montana
0.1376
56.8800
74.1300
78.4400
87.0600
82.7500
Nevada
0.7444
87.2200
92.3300
93.6100
95.0000 2/
94.8900
New Mexico
0.2718
63.5900
78.1500
81.8000
89.0800
85.4400
Oregon
0.2317
61.5900
76.9500
80.7900
88.4800
84.6300
South Dakota
0.0976
54.8800
72.9300
77.4400
86.4600
81.9500
Utah
0.4761
73.8100
84.2800
86.9000
92.1400
89.5200
Washington
0.0711
53.5600
72.1300
76.7800
86.0700
81.4200
Wyoming
0.3384
66.9200
80.1500
83.4600
90.0800
86.7700
1/
Area of non-taxable Indian lands and reserved and unreserved public domain lands exclusive of national forests and
national parks and monuments. Based on latest available data furnished by the Department of Interior.
2/
Maximum Amount
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Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 1 of 2
FHWA NOTICE N 4540.12
March 17,1992
Table 2
U.S. Department of Transportation
Federal Highway Administration
Sliding Scale Rates of Federal-aid Participation in Public Lands States
for Projects not on the Interstate System
Pursuant to U.S.C. 120(b)(2)
Effective March 17, 1992
Percentage of cost of Federal-Aid projects payable by Federal
Government
Ratio of designated
public lands area
to total area of State
1/
50% Federal
50% State
70% Federal
30% State
75% Federal
25% State
80% Federal
20% State
Alabama
0.0200
51.0000
70.6000
75.5000
80.4000
Alaska
0.7476
87.3800
92.4300
93.6900
94.9500
Arizona
0.7150
85.7500
91.4500
92.8800
94.3000
Arkansas
0.0773
53.8700
72.3200
76.9300
81.5500
California
0.4263
71.3200
82.7500
85.6600
88.5300
Colorado
0.3654
68.2700
80.9600
84.1400
87.3100
Connecticut
0.0020
50.1000
70.0600
75.0500
80.0400
---
---
---
---
---
Florida
0.0965
54.8300
72.9000
77.4100
81.9300
Georgia
0.0238
51.1900
70.7100
75.6000
80.4800
Hawaii
0.1241
56.2100
73.7200
78.1000
82.4800
Idaho
0.6329
81.6500
88.9900
90.8200
92.6600
Illinois
0.0073
50.3700
70.2200
75.1800
80.1500
Indiana
0.0085
50.4300
70.2600
75.2100
80.1700
Iowa
0.0002
50.0100
70.0100
75.0100
80.0000
Kansas
0.0027
50.1400
70.0800
75.0700
80.0500
Kentucky
0.0289
51.4500
70.8700
75.7200
80.5800
Louisiana
0.0207
51.0400
70.6200
75.5200
80.4100
Maine
0.0142
50.7100
70.4300
75.3600
80.2800
Maryland
0.0053
50.2700
70.1600
75.1300
80.1100
Massachusetts
0.0060
50.3000
70.1800
75.1500
80.1200
Michigan
0.0924
54.6200
72.7700
77.3100
81.8300
Minnesota
0.0709
53.5500
72.1300
76.7700
81.4200
State
Delaware
http://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12a2.htm
8/15/2007
Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 2 of 2
Mississippi
0.0417
52.0900
71.2500
76.0400
80.8300
Missouri
0.0343
51.7200
71.0300
75.8600
80.6900
Montana
0.3290
66.4500
79.8700
83.2300
86.5800
Nebraska
0.0091
50.4600
70.2700
75.2300
80.1800
Nevada
0.8366
91.8300
95.0000 2/
95.0000 2/
95.0000 2/
New Hampshire
0.1225
56.1300
73.6800
78.0600
82.4500
New Jersey
0.0070
50.3500
70.2100
75.1800
80.1400
New Mexico
0.3960
69.8000
81.8800
84.9000
87.9200
New York
0.0052
50.2600
70.1600
75.1300
80.1000
North Carolina
0.0488
52.4400
71.4600
76.2200
80.9800
North Dakota
0.0464
52.3200
71.3900
76.1600
80.9300
Ohio
0.0078
50.3900
70.2300
75.2000
80.1600
Oklahoma
0.0291
51.4600
70.8700
75.7300
80.5800
Oregon
0.4865
74.3300
84.6000
87.1600
89.7300
Pennsylvania
0.0192
50.9600
70.5800
75.4800
80.3800
Rhode Island
0.0023
50.1200
70.0700
75.0600
80.0500
South Carolina
0.0315
51.5800
70.9500
75.7900
80.6300
South Dakota
0.1410
57.0500
74.2300
78.5300
82.8200
Tennessee
0.0332
51.6600
71.0000
75.8300
80.6600
Texas
0.0112
50.5600
70.3400
75.2800
80.2200
Utah
0.6613
83.0700
89.8400
91.5300
93.2300
Vermont
0.0541
52.7100
71.6200
76.3500
81.0800
Virginia
0.0748
53.7400
72.2400
76.8700
81.5000
Washington
0.3250
66.2500
79.7500
83.1300
86.5000
West Virginia
0.0679
53.4000
72.0400
76.7000
81.3600
Wisconsin
0.0555
52.7800
71.6700
76.3900
81.1100
Wyoming
0.5244
76.2200
85.7300
88.1100
90.4900
District of
Columbia
0.1574
57.8700
74.7200
78.9400
83.1500
Puerto Rico
0.0124
50.6200
70.3700
75.3100
80.2500
1/
Area of non-taxable Indian Lands and reserved and unreserved public domain lands inclusive of national forests and
national parks and monuments. Based on latest available area data furnished by the Department of Interior.
2/
Maximum amount.
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Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 1 of 2
FHWA NOTICE N 4540.12
March 17, 1992
Table 3
U. S. Department of Transportation
Federal Highway Administration
Sliding Scale Rates of Federal-aid Participation
in Public Lands States
Rates for Interstate Programs
Pursuant to 23 U.S.C. 120(a)
Effective March 17, 1992
INTERSTATE CONSTRUCTION AND RESURFACING PROGRAMS 1/
Ratio of designated
public lands area
to total area of
State 2/
Percentage of cost
of Federal-aid projects
payable by Federal
Government
90% Federal / 10% State
Alaska
0.3403
93.4000
Arizona
0.4337
94.3400
California
0.1574
91.5700
Colorado
0.1206
91.2100
Idaho
0.2269
92.2700
Montana
0.1242
91.2400
Nevada
0.6923
95.0000 3/
New Mexico
0.2644
92.6400
Oregon
0.2223
92.2200
South Dakota
0.0972
90.9700
Utah
0.4183
94.1800
Washington
0.0660
90.6600
Wyoming
0.2758
92.7600
State
1/ a. These rates apply to all projects authorized on or after December 29, 1981, for resurfacing, restoring, rehabilitating and
reconstructing routes of the Interstate System and all Interstate construction projects.
2/
Area of unappropriated and unreserved public lands and non-taxable Indian Lands. Based on latest available data
furnished by the Department of Interior.
3/
Maximum Amount.
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Notice N 4540.12 Sliding Scale Rates of Federal-aid Participation in Public Lands States - FHWA
Page 2 of 2
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