---
kind: "section"
citation: "23 C.F.R. § 669.19"
title: "23"
number: "669.19"
heading: "Reservation and reapportionment of funds."
url: "https://uscodex.org/cfr/23/669.19"
---

# §669.19. Reservation and reapportionment of funds.

- (a) The Administrator may reserve from obligation up to 8 percent of a State's apportionment of funds under [23 U.S.C. 104(b)(1)](/usc/23/104.md?p=b-1), pending a final determination.
- (b) Funds withheld pursuant to a final administrative determination under this regulation shall be reapportioned to all other eligible States pursuant to the formulas of [23 U.S.C. 104(b)(1)](/usc/23/104.md?p=b-1) and the apportionment factors in effect at the time of the original apportionments, unless the Secretary determines, on the basis of information submitted by the State, that the state has come into conformity with this regulation prior to the final determination. If the Secretary determines that the state has come into conformity, the withheld funds shall be released to the state subject to the availability of such funds under [23 U.S.C. 118(b)](/usc/23/118.md?p=b).
- (c) The reapportionment of funds under [paragraph (b)](#b) of this section shall be stayed during the pendency of any judicial review of the final determination of nonconformity.

## Notes

### Amendments

[51 FR 25364, July 14, 1986, as amended at 75 FR 43409, July 26, 2010; 81 FR 32230, May 23, 2016]

### Authority

Authority: 23 U.S.C. 141(c) and 315; 49 CFR 1.85.

### Source

Source: 51 FR 25364, July 14, 1986, unless otherwise noted.

### Amendments

[51 FR 25364, July 14, 1986, as amended at 75 FR 43409, July 26, 2010; 81 FR 32230, May 23, 2016]