Program Legislation

The Moving Ahead for Progress in the 21st Century Act (MAP-21) replaces the Transportation Enhancement Activities (TE) with a new Transportation Alternatives Program (TAP) for Federal fiscal years 2013 and 2014.

The provisions below remain in effect for Transportation Enhancement funds made available prior to September 30, 2012.

Sec. 101. Definitions and declaration of policy

Definitions.--In this title, the following definitions apply:
1. Transportation enhancement activity.--The term "transportation enhancement activity" means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation:
  1. Provision of facilities for pedestrians and bicycles.
  2. Provision of safety and educational activities for pedestrians and bicyclists.
  3. Acquisition of scenic easements and scenic or historic sites (including historic battlefields).
  4. Scenic or historic highway programs (including the provision of tourist and welcome center facilities).
  5. Landscaping and other scenic beautification.
  6. Historic preservation.
  7. Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).
  8. Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails).
  9. Inventory, control, and removal of outdoor advertising.
  10. Archaeological planning and research.
  11. Environmental mitigation--
    1. to address water pollution due to highway runoff; or,
    2. reduce vehicle-caused wildlife mortality while maintaining habitat connectivity.
  12. Establishment of transportation museums.

Sec. 133. Surface transportation program

Eligible Projects.--A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following:
1. Transportation enhancement activities.

Allocations of Apportioned Funds.-- [In effect FY 1992-2005]
1. For transportation enhancement activities.--10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhancement activities.
Effective October 1, 2005, section 133(d)(2) is amended to read:
1. For transportation enhancement activities.--In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005, shall only be available for transportation enhancement activities.
1. Applicability of certain requirements to third party sellers.--
  1. In general.--Except as provided in subparagraphs (B) and (C), in the case of a transportation enhancement activity funded from the allocation required under paragraph (2), if real property or an interest in real property is to be acquired from a qualified organization exclusively for conservation purposes (as determined under section 170(h) of the Internal Revenue Code of 1986), the organization shall be considered to be the owner of the property for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
  2. Federal approval prior to involvement of qualified organization.--If Federal approval of the acquisition of the real property or interest predates the involvement of a qualified organization described in subparagraph (A) in the acquisition of the property, the organization shall be considered to be an acquiring agency or person as described in section 24.101(a)(2) of title 49, Code of Federal Regulations, for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
  3. Acquisitions on behalf of recipients of federal funds.--If a qualified organization described in subparagraph (A) has contracted with a State transportation department or other recipient of Federal funds to acquire the real property or interest on behalf of the recipient, the organization shall be considered to be an agent of the recipient for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
    [NOTE: See the implementing regulation for (d)(5) at 23 CFR 710.511.]

Administration.--
1. Noncompliance.--If the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken.
2. Program approval.--
  1. Submission of project agreement.--For each fiscal year, each State shall submit a project agreement that--
    1. certifies that the State will meet all the requirements of this section; and
    2. notifies the Secretary of the amount of obligations needed to carry out the program under this section.
  2. Request for adjustments of amounts.--Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary.
  3. Effect of approval by the secretary.--Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.
3. Payments.--
  1. In general.--Except as provided in subparagraph (B), the Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary.
  2. Advance payment option for transportation enhancement activities.--
    1. In general.--The Secretary may advance funds to the State for transportation enhancement activities funded from the allocation required by subsection (d)(2) for a fiscal year.
    2. Limitation on amounts.--Amounts advanced under this subparagraph shall be limited to such amounts as are necessary to make prompt payments for project costs.
    3. Effect on other requirements.--This subparagraph shall not exempt a State from other requirements of this title relating to the surface transportation program.
4. Population determinations.--The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section.
5. Transportation enhancement activities.--
  1. Categorical exclusions.--To the extent appropriate, the Secretary shall develop categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation enhancement activities funded from the allocation required by subsection (d)(2).
  2. Nationwide programmatic agreement.--The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with--
    1. section 106 of such Act (16 U.S.C. 470f); and
    2. the regulations of the Advisory Council on Historic Preservation.
  3. Cost sharing.--
    1. Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects to carry out transportation enhancement activities in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).
    2. Innovative financing.--Subject to clause (i), notwithstanding section 120--
      1. funds from other Federal agencies and the value of other contributions (as determined by the Secretary) may be credited toward the non-Federal share of the costs of a project to carry out a transportation enhancement activity;
      2. the non-Federal share for such a project may be calculated on a project, multiple-project, or program basis; and
      3. the Federal share of the cost of an individual project to which subclause (I) or (II) applies may be up to 100 percent.

Other Related Legislation

Transportation Equity Act for the 21st Century (TEA-21)

SEC. 1108. SURFACE TRANSPORTATION PROGRAM.

(g) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS. -The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform appropriate transportation enhancement activities under Chapter 1 of Title 23, United States Code.

The definition of a qualified youth conservation or service corps is taken from 42 U.S.C. Sec. 12572, and 42 U.S.C. Sec. 12656.

Legislative History

Transportation Enhancement (TE) activities have been eligible for funding under the Surface Transportation Program (STP) since its inception under the Intermodal Surface Transportation Efficiency Act of 1991; P.L.102-240.

In 1998, Congress amended the definition of TE activities by inserting the phrase "relates to surface transportation" as part of the Transportation Equity Act for the 21st Century (TEA-21); P.L.105-178. Congress also added two eligible categories (safety and educational activities for pedestrians and bicyclists, and transportation museums), and modified others (scenic or historic highway program tourist and welcome centers, and reduce wildlife mortality).

In 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU; P. L. 105-59) restated the requirement that "activities relate to surface transportation", clearly listed the 12 eligible TE activities, made minor revisions to clarify project eligibility. SAFETEA-LU also set a minimum base for TE funding based on FY 2005 apportionments.