2/17/2016
Coordinated Border Infrastructure Program Funds
Utilization within the US States Bordering Mexico
At the US/Mexico Joint Working Committee (JWC) meeting in November of 2005,
the US Border States committed to sharing with the Mexican Secretariat of
Communications and Transportation (SCT) their processes for distributing funds
received from the Coordinated Border Infrastructure program (CBI) in Section
1303 of SAFETEA-LU within their state and the process by which this funding
can be spent in Mexico. This paper is divided into two sections. The first section
provides the background on the CBI program. The second section provides
program information on a state by state basis.
CBI Background
Program Purpose
To improve the safe movement of motor vehicles at or across the land border
between the U.S. and Canada and the land border between the U.S. and Mexico.
Funding:
Funds are apportioned among Border States based on factors related to the
movement of people and goods through the land border ports of entry within the
boundaries of the State. Factors include the number of incoming commercial
trucks; the number of incoming personal motor vehicles and buses; the weight of
incoming cargo by commercial trucks; and the number of land border ports of
entry.
Year
Authorization
2005
2006
2007
2008
2009
$123M
$145M
$165M
$190M
$210M
Eligible Use of Funds
States may use funds in a border region, defined as any portion of a US border
State within 100 miles of an international land border with Canada or Mexico, for
the following types of improvements to facilitate/expedite cross border motor
vehicle and cargo movements:
 Improvements to existing transportation and supporting infrastructure
 Construction of highways and related safety and safety enforcement
facilities related to international trade
 Operational improvements, including those related to electronic data
interchange and use of telecommunications
 Modifications to regulatory procedures
1
2/17/2016

International coordination of transportation planning, programming, and
border operation with Canada and Mexico.
Program Features
Projects in Canada or Mexico – a border State may use these funds to construct
a project in Canada or Mexico if the project directly and predominantly facilitates
cross-border vehicle and cargo movement at an international port of entry in the
border region of the State. Canada/Mexico must assure that the project will be
constructed to standards equivalent to those in the US, and be maintained and
used over the useful life of the facility only for the purpose for which the funds
were allocated.
Transfers to General Services Administration (GSA) – if a border State requests,
the Secretary approves, and GSA agrees, up to 15% or $5M (whichever is less)
of the State’s border program funds may be transferred to GSA to carry out one
or more eligible projects. The State must provide the non-Federal share directly
to GSA. (Federal share is usually 80%, but can be 90% or 100% depending on
the type of project)
Distribution of Funds & Ability to Spend CBI Funds in Mexico
Below is a brief description of the philosophies of each of the US Border States
on the distribution of funds within their own state. A second paragraph describes
the state’s ability to spend CBI funds for transportation infrastructure and
transportation related infrastructure projects in Mexico. Because of the
overwhelming need in their states and escalating construction costs, the US
Border States do not anticipate funding projects in Mexico at this time.
Arizona
The Arizona Department of Transportation (ADOT) will prioritize projects to be
funded with CBI funds utilizing the same performance factors included in the
State’s Transportation Plan while ensuring that the criteria established in
SAFETEA-LU for CBI funds are met. Those projects with the greatest
performance impact will be the first funded.
The initial reading by legal counsel is that there is no existing mechanism to fund
transportation infrastructure projects in Mexico at this time.
California
To date the California Department of Transportation (CALTRANS) has been
unable to access these funds because of existing legislation (SB 45) which
distributes 75% of federal transportation funds to the 43 regional transportation
planning agencies (RTPAs) in the state giving them a decision making authority
regarding when and where local transportation projects get funded. The other
25% is distributed to Caltrans for inter-regional projects. Because CBI funds can
only be used in the border region (100 miles from the U.S.-Mexico border) it
2
2/17/2016
would not make sense to distribute them according to the existing legislation.
Proposed legislation (SB 1282(Ducheny)), currently in the state Transportation
Committee, will exempt CBI funds from the statewide distribution, thus ensuring
that CBI funds are spent on eligible projects. SB 1282 (Ducheny), if passed, will
allow full compliance with SAFETEA-LU section 1303. This legislation would
allow: A) California to exempt 100% of CBI funding from the regional distribution
formulas applicable to California’s State Transportation Improvement Program
(STIP). B) Provide language-allowing California to spend CBI funds in Mexico.
Once CBI funds are accessed, California will prioritize projects to be funded with
CBI funds utilizing the same performance factors included in the State’s
Transportation Improvement Program and the Interregional Transportation
Improvement Program while meeting the criteria established in SAFETEA-LU for
CBI funds. The SR 905 project which connects the Otay Mesa POE to the state
highway network has been identified as the primary candidate for CBI funds
At the moment, there is no legal mechanism to spend funds in Mexico. If SB
1282 is passed, Caltrans will be able to utilize the funds for projects in Mexico
that comply with Sec. 1303 eligibility requirements.
New Mexico
The New Mexico Department of Transportation (NM DOT) will prioritize projects
to be funded with CBI funds utilizing the same performance factors included in
the state & regional transportation plans while meeting the criteria established in
SAFETEA-LU for CBI funds. The McNutt Road project, which is near the Santa
Teresa POE, has been identified as the primary candidate for CBI funds.
The initial reading by legal counsel is that only CBI federal funds could potentially
be spent in Mexico, but state funds are prohibited from being utilized in Mexico
for transportation infrastructure projects.
Texas
The Texas Department of Transportation (TX DOT) will distribute the CBI funds
to their three border districts using the same formula utilized by FHWA for
distribution of funds to the state border states, but using the factors (the number
of incoming commercial trucks; the number of incoming personal motor vehicles
and buses; the weight of incoming cargo by commercial trucks; and the number
of land border ports of entries) pertinent to each district. The TX DOT Districts
will prioritize projects to be funded with CBI funds utilizing the same performance
factors included in the state & regional transportation plans while meeting the
criteria established in SAFETEA-LU for CBI funds. The TX DOT Districts may
use the funds within a 50 mile radius of border crossings.
As per the Texas Transportation Commission Minute Order dated March 30,
2006, the border TXDOT district may use these funds to construct a project that
continues into Mexico at a border crossing if the project directly and
predominantly facilitates cross border vehicle and cargo movement at an
3
2/17/2016
international port of entry.
4