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Transportation Alternatives Program (TAP)

Webinar: August 28, 2013

Transportation Alternatives Program (TAP)
Webinar: August 28, 2013

Powerpoint Version [PPTX 3.8 MB]

Table of Contents / List of Slides

Photo of a Land bridge crossing a divided highway.

Welcome to our Transportation Alternatives Program (TAP) webinar series.

Photo Source: Marjorie Harris Carr Cross Florida Greenway Land Bridge over I-75, south of Ocala FL,
www.americantrails.org/i/resourceimages/landbridge2.jpg.

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Slide 2: Transportation Alternatives Program

An aerial view of the Soo Line 'S' Bridge in Eau Claire, WI.

Webinar: August 28, 2013

Introductions: Shari Schaftlein

Welcome to our Transportation Alternatives Program (TAP) webinar series. Today's webinar is a repeat of the first of a 3-part series. Our first and second webinars are posted on FHWA's MAP-21 website:

We have with us today (note people in the room):

  • Daniel Goodman, who is new in our office working on livability and bicycle and pedestrian activities.
  • Brenda Kragh, who works on nondiscrimination, equity, and Community Impact Assessment issues.

I especially want to thank Shana Baker, our Livability Team Leader for setting up this webinar series.

The first part of this webinar will cover funding and administrative issues; then we will have a short question and answer session to clarify these issues.

The second part of this webinar will cover project eligibility and examples; then we will have a longer question and answer session.

Finally, we will provide additional information about future webinars.

Photo: Soo Line "S" Bridge, Eau Claire WI. National Transportation Enhancements Clearinghouse: www.enhancements.org/examples.asp.


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Slide 3: Transportation Alternatives Program

Authorized under the Moving Ahead for Progress in the 21st Century Act (MAP-21)

Photo of a bicyclist riding in designated bikelane on urban street.

The Moving Ahead for Progress in the 21st Century Act (MAP-21) established the Transportation Alternatives Program (TAP) and also defined Transportation Alternatives (TA) as eligible activities.

Mission:

  • The FHWA Mission is: To improve mobility on our Nation's highways through national leadership, innovation, and program delivery.
  • The TAP Mission is: To improve our Nation's communities through leadership, innovation, and program delivery.

Vision: The Transportation Alternatives Program (TAP) creates safe, accessible, attractive, and environmentally-sensitive communities where people want to live, work, and recreate.

Photo provided by the National Complete Streets Coalition: www.completestreets.org. Photo from the City of Charlotte NC.


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Slide 4: TAP Eligible Projects

Photo collage of pedestrians and hikers.

The Transportation Alternatives Program consists of:

TAP projects are eligible under the Surface Transportation Program (STP).

First, before we get into the funding and administrative section, as an introduction to the TAP:

MAP-21 created the Transportation Alternatives Program (TAP) and consolidated some previously apportioned programs. MAP-21 defined TAP to consist of:

  1. Transportation Alternatives (TA) activities defined in 23 U.S.C. 101(a)(29). The definitions incorporate most, but not all, Transportation Enhancement (TE) activities authorized under previous surface transportation acts.
  2. Recreational Trails Program (RTP)
  3. Safe Routes to School (SRTS) Program
  4. Boulevard from Divided Highways

Any project eligible under the TAP also is eligible under the Surface Transportation Program (STP).

Photos:

Top: From the National Transportation Enhancements Clearinghouse: www.enhancements.org/examples.asp. Mineral Wells to Weatherford Rail-Trail, Mineral Wells, TX. Opening day and dedication. (Photo: Texas DOT)
Middle: USDA Forest Service
Photo from the Pedestrian and Bicycle Information Center: www.pedbikeimages.org. La Mesa, California, Taken in 2006 by Dan Burden.

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Slide 5: Funds

TAP funds are available for current plus 3 fiscal years.
Funds apportioned prior to MAP-21 for TE and RTP for 3 fiscal years after the fiscal year for which they were authorized.
Funds apportioned prior to MAP-21 for SRTS remain available until expended.

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Slide 6: Federal Share

  • In general, Federal share for TAP is the same as the overall Federal-aid highway program: 80%, subject to the Sliding Scale.
  • Flexibility for Federal Land Management Agencies.
  • Section 120(f) may provide flexibility of up to 100% Federal share for projects on tribal lands (but we are awaiting a memo from the FHWA Office of the Chief Financial Officer).
  • In general, donation and credit provisions are the same as the overall Federal-aid highway program under 23 U.S.C. 323. There is broad eligibility for right-of-way donations, and broad eligibility for "a person" or a local government to donate funds, materials, or services and receive credit as match. [Additional donations and credits added in TEA-21 in 1998; SAFETEA-LU revised in 2005 to include local governments; MAP-21 didn't change this section.]
  • Former TE flexibility provisions were eliminated: Innovative Financing and Advance Payment Option.
  • TE flexibility provisions remain for old TE funds.
  • The RTP set-aside retains RTP match and donation provisions under 23 U.S.C. 206, both for MAP-21 and old RTP funds.
  • SRTS projects use the TAP provisions, not the former 100% Federal share.
  • SAFETEA-LU SRTS funds retain the 100% Federal share.

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Slide 7: Suballocation

Surface Transportation Program Suballocation flowchart. Description in text.

TAP funds are suballocated by formula.

Suballocation Table: http://www.fhwa.dot.gov/map21/qandas/qasuballocation.cfm.

Steps in the TAP suballocation process:

  1. States receive an apportionment of TAP funds.
  2. Funds are set aside for the Recreational Trails Program (RTP) at FY 2009 levels ($84.16 m) (unless the State opts out). After the RTP set-aside, the TAP suballocation is similar to STP. If a State opts out of the RTP, then the RTP funds are retained as TAP funds; the suballocation would apply to all funds.
  3. Of the remaining funds:
    • 50% are suballocated by population (large urbanized areas, other urban areas, rural areas).
    • 50% are available for any area of the State.

For funds suballocated by population:

  • Funds for large urbanized areas (over 200,000 population) are further suballocated among all large urbanized areas in proportion to their population within a State. Each large urbanized area receives a suballocated amount.
  • For the small urban area suballocation, there is no further suballocation to smaller metropolitan or smaller urban areas.
  • For rural areas, there is no further suballocation.

For the small urban, nonurban, and any area funds, the States and MPOs cannot suballocate by area prior to establishing their competitive selection processes [see Slide 9], but may include selection criteria to ensure a distribution of projects among small MPOs, other small urban areas, and nonurban areas across the State (or among project categories). The State may consult with MPOs to ensure that MPO priorities are considered.

Questions: Refer to TAP Guidance at http://www.fhwa.dot.gov/map21/guidance/guidetap.cfm and TAP Questions and Answers at http://www.fhwa.dot.gov/map21/qandas/qatap.cfm.

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Slide 8: Transfer of Funds

Upon transfer, the funds transferred are eligible to be obligated for the same purposes and under the same requirements that apply to the funding category to which funds are transferred.

Transfers so far (as of August 27, 2013): 11 States 10 to STP Flex; CT to NHPP.
Full amount permitted: CT (to NHPP), GA, ID, ND, SC, SD
Half amount permitted: AZ, NC, OK (just under half)
Less than half amount permitted: KS, MS

To FTA (as of August 27, 2013): 5 States for $1,999,270. ID $269,290 (2 transactions); NE $735,980; NJ $1 m; Ohio $800,000; WA State: $194,000 (2 transactions)

Flexibility of Excess Reserved Funding: Takes effect August 1, 2014. If a State has more than 1 year of unobligated TAP funds available on August 1, 2014, then it may use the funds for any project eligible under TAP or CMAQ.

Questions: Refer to TAP Guidance at http://www.fhwa.dot.gov/map21/guidance/guidetap.cfm and TAP Questions and Answers at http://www.fhwa.dot.gov/map21/qandas/qatap.cfm.

Obligations (as of August 27, 2013):
TAP Obligations in FY 2013: $74.7 million ($39.0 m in FL) in 20 States: AR, AZ, CT, DC, FL, ID, IN, LA, ME, MI, MN, NE, NV, OH, OR, PA, RI, UT, VT, WA.
RTP Obligations in FY 2013: $14.3 million in 16 States: AL, AK, CO, ID, ME, MD, MT, NV, NH, NM, NC, PA, UT, VT, WA, WY.
Old TE Obligations: $322.8 million
Old RTP Obligations: $25.2 million
Old SRTS Obligations: $111.5 million

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Slide 9: Competitive Process

The TAP funds are to be distributed using competitive processes at the State and large MPO (over 200,000) level.

  • Some States and MPOs already had competitive processes in place for Transportation Enhancements.
  • States and large MPOs develop their own competitive processes.
    • MPOs for large urbanized areas select projects for funds suballocated to large urbanized areas.
    • States select projects for funds suballocated to small urban areas, rural areas, and funds available to any area of the State.
    • MAP-21 does not authorize the States or MPOs to suballocate the small urban area funds, nonurban area funds, or any area funds to individual MPOs, counties, cities, or other local government entities. MAP-21 requires the State to be responsible for the competitive process for these funds. However, the State or MPO competitive processes may include selection criteria to ensure a distribution of projects among small MPOs, other small urban areas, and nonurban areas across the State. The State may consult with MPOs to ensure that MPO priorities are considered.
  • Large MPOs (over 200,000) select projects for the funds suballocated to large urbanized areas, in consultation with the State, but the MPOs control their own processes. However, the State is responsible for ensuring eligibility (23 U.S.C. 145, Federal-State relationship).
  • Examples are available from the National Transportation Alternatives Clearinghouse and from Advocacy Advance. We have links from our TAP website at www.fhwa.dot.gov/environment/transportation_alternatives/.

TAP did not establish selection requirements.

  • TAP did not establish minimum criteria, or require States or MPOs to consider all project categories.
  • TAP did not establish deadlines to establish competitive processes.
  • TAP did not create an additional oversight role for FHWA.
  • RTP set-aside: States may use procedures that they already use for the RTP.

Questions: Refer to TAP Guidance at http://www.fhwa.dot.gov/map21/guidance/guidetap.cfm and TAP Questions and Answers at http://www.fhwa.dot.gov/map21/qandas/qatap.cfm.

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Slide 10: Eligible Project Sponsors

Photo of people at a ribbon cutting ceremony.

MAP-21 listed the "eligible entities" that may apply for the competitively distributed funds.

  • Regional transportation authorities are considered the same as the Regional Transportation Planning Organizations defined in the statewide planning section (23 U.S.C. 135(m)).
  • Natural resource or public land agencies may include Federal, State, or local land management agencies. This includes "yes" for a State Historic Preservation Officer (SHPO) if the SHPO administers historic properties.
  • Nonprofit organizations are not eligible unless they qualify as another eligible entity: most likely a transit agency or school.
  • Nonprofit organizations may partner with eligible project sponsors if allowable under State laws or regulations.
  • The first 6 bullets are the basic eligible entities. The 7th bullet catches other possible entities, but specifies that the State (especially meaning the State DOT) and MPOs are not eligible.
  • For States that continue the RTP setaside, the RTP list of eligible project sponsors remains in effect.
  • Only TAP-eligible entities can sponsor SRTS projects or recreational trails projects not funded under the RTP setaside.
  • State DOTs and MPOs are not eligible entities for TAP funds. However, eligible project sponsors may partner with the States or MPOs on behalf of the States or MPOs.

Photo: Boundary Canal Trail, Palm Bay FL, part of the South Brevard Linear Trail plan, a 22-mile multi-use path through the southeastern end of the county. From the Coalition for Recreational Trails Annual Achievement Awards: www.americantrails.org/awards/CRTawards.html.

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Slide 11: Project Sponsors Not Eligible

MAP-21 listed the "eligible entities" that may apply for the competitively distributed funds.

  • State DOTs and MPOs are not eligible entities for TAP funds. However, eligible project sponsors may partner with the States or MPOs on behalf of the States or MPOs.
  • Nonprofit organizations are not eligible unless they qualify as another eligible entity: most likely a transit agency or school.
  • Nonprofit organizations may partner with eligible project sponsors if allowable under State laws or regulations.
  • For States that continue the RTP setaside, the RTP list of eligible project sponsors remains in effect. However, a recreational trail using TAP fund not funded under the RTP set-aside must be sponsored through an eligible entity.
  • Only TAP-eligible entities can sponsor SRTS projects.

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Slide 12: Treatment of Projects

TAP projects "shall be treated as projects on a Federal-aid highway..."

MAP-21 requires that all TAP projects must be treated as projects on a Federal-aid highway, except for RTP projects funded under the RTP set-aside.

  • This provision was part of the SAFETEA-LU SRTS program but is now extended to TAP projects in general.
  • It means that even if TAP projects are not located in the right-of-way of a Federal-aid highway, they must be treated as such.
  • The "treatment of projects" requirement does not apply to RTP projects funded through the RTP set-aside.
  • If the State opts out of the RTP, the "treatment of projects" requirement applies to recreational trail projects funded under TAP.
  • The "treatment of projects" requirement does not necessarily apply to TAP-eligible projects funded under STP, if the project is not within a highway right-of-way.
  • The MAP-21 §1524 provision for Use of Youth Service or Conservation Corps allows flexibility. See the Youth Corps questions and answers at http://www.fhwa.dot.gov/map21/qandas/qayscc.cfm.

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Slide 13: Other Provisions

TAP projects follow the same procedures as other Federal-aid highway projects:

Other Provisions: TAP projects follow the same procedures as other Federal-aid highway projects.

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Slide 14: Funding and Administration Questions?

Photo of a lot of people walking across a newly opened pedestrian bridge.

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Slide 15: TAP Project Eligibility

To be eligible under the TAP, a project:

  1. Must relate to surface transportation (or recreational trails),
  2. Must fit within the TAP definitions,
  3. Must be sponsored by one or more eligible entities (defined in the TAP Guidance), and
  4. Must be selected through a competitive process (defined in the TAP Guidance).

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Slide 16: TAP Eligible Projects

Photo collage of pedestrians and hikers.

The Transportation Alternatives Program consists of:

TAP projects are eligible under the Surface Transportation Program (STP).

MAP-21 defined Transportation Alternatives Program (TAP) to consist of:

  1. Transportation Alternatives (TA) activities defined in 23 U.S.C. 101(a)(29). The definitions incorporate most, but not all, Transportation Enhancement (TE) activities authorized under previous surface transportation acts.
  2. Recreational Trails Program
  3. Safe Routes to School Program
  4. Boulevard from Divided Highways

Any project eligible under the TAP also is eligible under the Surface Transportation Program (STP).

Photos:
Top: From the National Transportation Enhancements Clearinghouse: www.enhancements.org/examples.asp. Mineral Wells to Weatherford Rail-Trail, Mineral Wells, TX. Opening day and dedication. (Photo: Texas DOT)
Middle: USDA Forest Service
Bottom: Photo from the Pedestrian and Bicycle Information Center: www.pedbikeimages.org. La Mesa, California, Taken in 2006 by Dan Burden.

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Slide 17: TAP Project Eligibility

Photo of people in wheelchairs on a paved path along waterfront.

Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including:

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990.

If a project is an infrastructure project that reasonably benefits walking or bicycling, it may be eligible under this category. Sidewalks, pedestrian amenities (benches, bus shelters), pedestrian wayfinding.

  • Shared use paths and trails for transportation purposes.
  • Bike lanes, bike parking, bike racks on buses, bike share systems (capital costs, not operating costs).
  • Traffic calming focusing on benefiting pedestrians and bicyclists.
  • Infrastructure to improve safety for pedestrians and bicyclists, including lighting and appropriate amenities.

Photo from the Pedestrian and Bicycle Information Center: www.pedbikeimages.org. Ft. Pierce, Florida. Taken in 2006 by Dan Burden.

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Slide 18: TAP Project Eligibility

Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non- drivers, including children, older adults, and individuals with disabilities to access daily needs.

Photo of a bikerack / bus stop. Photo of a bicyclist.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs.

If a project is an infrastructure project that reasonably benefits walking or bicycling, it may be eligible under this category. This category also encourages us to think about access to transit for pedestrians and bicyclists.

Photos from the Pedestrian and Bicycle Information Center: www.pedbikeimages.org.
Left: Boulder, Colorado. Taken in 2004 by Austin Brown
Right: Olympia, Washington. Taken in 2006 by Dan Burden

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Slide 19: TAP Project Eligibility

Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

Photo of a horse and buggy on a rail-trail.
Holmes County Rail-Trail, Ohio
Photo of horses on a trail.
American Tobacco Trail, Durham NC

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

Photo Source: Holmes County Rail-Trail, Ohio and American Tobacco Trail, Durham NC: National Transportation Enhancements Clearinghouse project library: http://images.ta-clearinghouse.info/3-Rail-Trails/.

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Slide 20: TAP Project Eligibility

Photo of the Vista House

Construction of turnouts, overlooks, and viewing areas.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Construction of turnouts, overlooks, and viewing areas.

Definition: The revised TAP Guidance and TAP Q&A don't specifically answer the question about whether "safety rest areas" are eligible under "construction of turnouts, overlooks, and viewing areas". However, based on the decision to be inclusive with the "Community Improvement Activities" definition, it is appropriate for the definition of "construction of turnouts, overlooks, and viewing areas" to use the existing inclusive definition of "scenic overlooks" described in 23 CFR 752.6. The definition of scenic overlooks in 23 CFR 752.6 incorporates safety rest areas as described under 23 CFR 752.5.

Photo: Vista House, Crown Point, Historic Columbia River Highway, Oregon. This project used a combination of Federal Lands Highway Program, Transportation Enhancement, and National Scenic Byways Funds. See www.oregonstateparks.org/park_150.php.

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Slide 21: TAP Project Eligibility

Community improvement activities, including-

The term "including" means "which include but are not limited to".

Community improvement activities may be open to State and local interpretation. However, TAP projects:

  1. Must relate to surface transportation (or recreational trails)
  2. Must fit within the TAP definitions,
  3. Must be sponsored by one or more eligible entities, and
  4. Must be selected through a competitive process.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, including-
    • inventory, control, or removal of outdoor advertising;
    • historic preservation and rehabilitation of historic transportation facilities;
    • vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and
    • archaeological activities relating to impacts from implementation of a transportation project eligible under this title.

Community improvement activities are somewhat open to State and local interpretation. However, projects:

  1. Must relate to surface transportation (or recreational trails),
  2. Must fit within the TAP definitions,
  3. Must be sponsored by one or more eligible entities (defined in the TAP Guidance), and
  4. Must be selected through a competitive process (defined in the TAP Guidance).

The TAP project selection requirements should ensure that worthwhile community improvement activities will rise to the top for funding, and that unworthy projects will not be selected.

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Slide 22: TAP Project Eligibility

Community improvement activities, which include but are not limited to-

Photo of a Billboard.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, including-inventory, control, or removal of outdoor advertising;

The control and removal of outdoor advertising activity allows communities to preserve the scenic character of their roads by tracking and removing illegal billboards. Historically less than 1% of TE funds have been programmed for these types of projects.

Project examples include:

  1. Billboard inventories, including those done with GIS/GPS.
  2. Removal of illegal and non-conforming billboards.

* Non-conforming signs are those signs that were lawfully erected but do not comply with the Highway Beautification Act of 1965.

Photo: From FHWA News Holiday 2005-2006. Photo by Kurt Miller, Wisconsin DOT. Submitted by Stephanie Hickman.

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Slide 23: TAP Project Eligibility

Community improvement activities, which include but are not limited to-

Photo collage of covered bridges and pedestrian bridges.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, including- historic preservation and rehabilitation of historic transportation facilities;
  • Historic preservation must relate to historic preservation and rehabilitation of historic transportation facilities. The facility must have served (or now must serve) a surface transportation purpose.
  • Historic preservation of historic transportation facilities may include preparation of preservation planning tools such as corridor management plans, historic road design guidelines, or National Register nominations.

Photos:
Left: Marshfield VT Covered Bridge. Vermont Agency of Transportation.
Middle 2: National Transportation Enhancements Clearinghouse Image Library: www.enhancements.org/library/index.asp.
Union Street Railroad Bridge, Salem OR
http://images.enhancements.org/8-Rail-Trails/Union-Street-Railroad/8030192_Wpdnk#531489639_RoHXz
Photo credit: City of Salem OR.
Right: Dalecarlia Tunnel, Capital Crescent Trail, Montgomery County MD.
http://images.enhancements.org/8-Rail-Trails/Capital-Crescent-Trail/9797893_2gEWj#665062936_Jb6Y3

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Slide 24: TAP Project Eligibility

Community improvement activities, which include but are not limited to-

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, including-
    • vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and

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Slide 25: TAP Project Eligibility

Community improvement activities, which include but are not limited to-

Drawings and photos of a map that documents some of the work involved in the Section 106 process, a satellite image of the project location shows the battlefield site, and artifacts recovered from the site, including musket balls.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, including-
    • archaeological activities relating to impacts from implementation of a transportation project eligible under this title.

This category replaces "archaeological planning and research". Previously, this category could be used for proactive planning to help States and communities to avoid archaeological impacts. Under MAP-21, the category may be used only for reactive mitigation for transportation projects funded under Title 23 (whether highway projects or TAP projects).

Again, projects must be proposed by eligible entities and selected through a competitive process.

Drawings and photos: Fishdam Ford Battlefield, Carlisle, SC, National Transportation Alternatives Clearinghouse: http://images.ta-clearinghouse.info/8-ArchaeologicalActivities.

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Slide 26: TAP Project Eligibility

Community improvement activities, which include but are not limited to-

Other:

Photo of pedestrians on a sidewalk. Photo of roadside landscaping. Photo of roadside landscaping.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Community improvement activities, which include but are not limited to-

Junkyard screening and removal: A little background here. The expanded National Highway System expanded the number of junkyards required to be screened or removed under the Highway Beautification Act. We looked for potential funding sources to accomplish this requirement, and determined that TAP funds may be used because the term "including" means "which include but are not limited to". However, TAP projects must be sponsored by an eligible entity and selected through a competitive process, so we do not anticipate large amounts of TAP funds being used for junkyard screening or removal.

Creative Designs, Public Art. Artistic and creative designs also are allowable. [There is no requirement for projects to be plain or ugly.] The project applicant may determine what is a reasonable, context-appropriate design for its project. Public art must relate to surface transportation. It should be a community improvement to enhance a corridor. Project selectors should be very cautious about choosing stand-alone public art that is its own primary focal point, rather than integral for a transportation facility.

Utility Relocation depends on State law. Some States prohibit using public funds for utility relocation; in those States, it is illegal to use any public funds (including Federal funds) for utility relocation.

Left: BART Photo from the National Transportation Enhancements Clearinghouse: www.enhancements.org/library/index.asp.
Center and Right [not necessarily TE projects, but would be eligible]: Photo credits provided from the National Complete Streets Coalition: www.completestreets.org. Center: San Diego CA. Photo from Dan Burden, Walkable Communities, Inc. www.walkable.org. Right: Charlotte NC. Photos from City of Charlotte (likely, but possibly from Dan Burden).

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Slide 27: TAP Project Eligibility

Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-

This means any environmental mitigation activity.

TAP projects:

  1. Must relate to surface transportation (or recreational trails),
  2. Must fit within the TAP definitions,
  3. Must be sponsored by one or more eligible entities, and
  4. Must be selected through a competitive process.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-
    • address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in 23 U.S.C. sections 133(b)(11), 328(a), and 329; or
    • reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

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Slide 28: TAP Project Eligibility

Satellite image of restoration project. Photo of roadside sign.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-
    • address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in 23 U.S.C. sections 133(b)(11), 328(a), and 329; or
    • reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

Curiosity: The reference to §133(b)(11) is self-referential to TAP. It was probably intended to apply to §133(b)(11) as in effect prior to MAP-21, relating to habitat and wetland mitigation under STP.

Left Photo: Montgomery County MD Rock Creek Watershed Restoration. National Transportation Alternatives Clearinghouse. http://images.ta-clearinghouse.info/9-StormwaterManagement/Rock-Creek-Watershed/9227257_mxXRbF#!i=635811463&k=L9BnkLw&lb=1&s=A
Right Photo: Searles Prairie, AR. NTAC. http://images.ta-clearinghouse.info/9-StormwaterManagement/Searles-PrairieRogers-AR/11084296_HmMhq6#!i=776107424&k=ztMknGL

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Slide 29: TAP Project Eligibility

Photo of a wildlife underpass. Photo of a deer exiting a wildlife underpass.

Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:

  • Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-
    • address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in 23 U.S.C. sections 133(b)(11), 328(a), and 329; or
    • reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

Many resources are available on FHWA's Environment webpage: http://environment.fhwa.dot.gov/index.asp.

Photos:
Left: Harbor Boulevard, Los Angeles, CA. NTAC: http://images.ta-clearinghouse.info/10-Wildlife/Harbor-Boulevard-Wildlife/7647649_vZjKb6#!i=494114409&k=4b33nLG&lb=1&s=A
Right: Highway 89, Tahoe National Forest, California, NTAC. http://images.ta-clearinghouse.info/10-Wildlife/Highway-89-Underpass/20890721_grHTxQ#!i=1658991273&k=Q9KBJwt

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Slide 30: TAP Project Eligibility:

TE Activities not Eligible

Transportation Enhancement (TE) Activities that are not eligible under TAP:

Former TE Activities that are not eligible under TAP:

  • Pedestrian and bicycle safety education, except SRTS. However: Bicycle safety education is eligible under STP.
  • Acquisition of scenic easements or scenic or historic sites.
  • Scenic and historic highway programs and visitor centers (except for turnouts, overlooks, viewing areas).
  • Historic preservation not for transportation facilities.
  • Operation of historic transportation facilities.
  • Transportation museums.

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Slide 31: TAP Project Eligibility:

Not Eligible (under TE or TAP)

Photo fo a sign explaining park rules. Photo of a pavilion.

We often receive inquiries about some activities that are not eligible under TAP, and were not eligible under TE. Here are some examples.

Administrative costs: See FHWA Memo: "Clarification of Policy on Indirect Costs of State and Local Governments", May 5, 2004. http://www.fhwa.dot.gov/legsregs/directives/policy/indirectcost.htm.

Promotional items: See 2 CFR Part 225, Appendix B, Item 1 (Advertising and Public Relations Costs). Unallowable: Costs of promotional items and memorabilia, including models, gifts, and souvenirs.

Top: Photo: Seneca Lake State Park, near Seneca Falls NY, April 4, 2010; Photo Courtesy of Joan Martin, Cortland NY; Disclosure: Sister of the Presenter.
Bottom: Right: Picnic pavilion at Silver River State Park, Ocala FL. Photo by Charles Hughes. www.floridastateparks.org/silverriver/photogallery.cfm?pagenum=5&viewphoto=40

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Slide 32: TAP Project Eligibility:

Recreational Trails Program

For the Recreational Trails Program (RTP) set-aside, all RTP administrative provisions and requirements remain in effect.

State DOTs that administer the RTP: Arkansas, DC, Iowa, Maryland, West Virginia. All others primarily operate the RTP through a State resource agency or State local grant administration agency.

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Slide 33: TAP Project Eligibility:

Recreational Trails Program

Photo of trail bridge over a river.
Photo of people working on building a trail bridge.

For the Recreational Trails Program (RTP) set-aside, all RTP eligibility provisions and requirements remain in effect.

If a State opts out of the RTP, then State administrative costs are not eligible, because there is no RTP in the State for that year.

Design Guidelines: Recreational trails should have a recreational context. Please don't treat recreational trails as highways. There are many resources available; see the RTP Guidance webpage, www.fhwa.dot.gov/environment/recreational_trails/guidance/.

Top: Photo: Meduxnekeag River Bridge (Maine): www.americantrails.org/awards/CRT09awards/Meduxnekeag-Trail-Maine-09.html Bottom: State Trail Administrators building a boardwalk/bridge at White Clay Creek State Park, Delaware, September 21, 2005. www.fhwa.dot.gov/environment/rectrails/stam2005/notes.htm#wed.

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Slide 34: TAP Project Eligibility:

Safe Routes to School (SRTS)

Safe Routes to School (SRTS)
  • States may continue with Safe Routes to School (SRTS) activities.
  • SRTS funds may be used for pedestrian and bicycle education activities for children K-8.
  • There are no dedicated funds but States may choose to continue SRTS projects and activities.
  • All SRTS eligibilities remain.
  • Otherwise, TAP provisions and requirements apply (Federal share).
  • Because there is no apportionment, there is no requirement to set aside funds for infrastructure or noninfrastructure activities. In SAFETEA-LU, States had to spend at least 10 percent and up to 30 percent of their SRTS funds on noninfrastructure projects. MAP-21 does not have this same requirement.
  • In SAFETEA-LU, States were required to have a full-time SRTS coordinator. This position may be continued and funded by the TAP, but is not required.
  • If States have prior year SRTS funds available, those funds will continue to be available under the same terms and conditions in effect prior to the effective date of MAP-21. States may continue to use SRTS funds until the SRTS funds are expended.
  • More info: National Center for Safe Routes to School.

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Slide 35: TAP Project Eligibility:

Boulevards from Divided Highways

Photo of the Tennessee Riverwalk.

A boulevard is defined as a:

Source: Institute of Transportation Engineers, Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, page 52, Table 4.2. An eligible "boulevard" project should demonstrate some of the following elements:

  1. Traffic calming measures.
  2. Context-sensitive bicycle and pedestrian facilities.
  3. Compliance with accessibility requirements and guidelines.
  4. Promotion of transit corridor through additional protected stops and routes.
  5. Environmentally efficient lighting, landscaping, and water-saving systems.

Riverwalks: Tennessee Riverwalk, Chattanooga TN, Source: National Transportation Enhancements Clearinghouse project library: www.enhancements.org. This was transformed from a divided highway.

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Slide 36: Youth Service and Conservation Corps

MAP-21 §1524: Use of Youth Service or Conservation Corps

The MAP-21 §1524 provision for Use of Youth Service or Conservation Corps allows flexibility. See the Youth Corps questions and answers at http://www.fhwa.dot.gov/map21/qandas/qayscc.cfm.

  • MAP-21 Section 1524 defines "qualified youth service or conservation corps".
  • MAP-21 Section 1524 requires the USDOT/FHWA to "...encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps... to perform appropriate projects eligible under sections 162, 206, 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA-LU (119 Stat. 1228)." These programs are the National Scenic Byways Program (23 U.S.C. 162), Recreational Trails Program (23 U.S.C. 206), Transportation Alternatives Program (23 U.S.C. 213), Bicycle Transportation and Pedestrian Walkways (23 U.S.C. 217), and the Safe Routes to School Program (Section 1404 of SAFETEA-LU).
  • Bullets addressed in FHWA Q&A at http://www.fhwa.dot.gov/map21/qandas/qayscc.cfm.

Section 1524 applies to projects selected to be funded. It does not authorize a State to set aside funds specifically for Youth Corps. States and MPOs must use project selection processes authorized by statute. Project selection for TAP projects is governed by general planning requirements and the specific direction in 23 U.S.C. 213(c)(4)(A) requiring a competitive process. The State (or MPO, as applicable) must first select projects through a competitive process, and then the State or project sponsor may choose to enter into contracts or cooperative agreements with youth corps. States have several options to encourage eligible project sponsors to enter into contracts and cooperative agreements with qualified youth service and conservation corps. Some options include:

  • A State or MPO project application process may describe advantages of using youth service and conservation corps and direct applicants to youth corps resources.
  • A State or MPO competitive selection process may include criteria that gives priority to projects that incorporate youth service and conservation corps.
  • A State may use Section 1524 for any project eligible under sections 162, 206, 213, and 217 of title 23, United States Code, regardless of Federal-aid funding program.

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Slide 37: Questions?

Project Sponsors: Contact your State TAP manager.
States: Contact your FHWA Division office.

Photo of Christopher standing in front of a projector screen.

We now open up for general questions and answers. Most likely, "the answer to life's persistent questions" is "it depends".

Protocol: In general, the public and local governments should contact their State DOTs. State DOTs should contact the FHWA Division office in each State.

Photo of Christopher Douwes, Trails and Enhancements Program Manager, Federal Highway Administration. Presenting at FHWA Civil Rights Discipline Training, June 23, 2009, Albuquerque NM. Photo: Henry Droughter, Equal Opportunity Specialist, FHWA Pennsylvania Division.

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Slide 38: Future FHWA MAP-21 Webinars:
http://www.fhwa.dot.gov/map21/webinars.cfm

Webinar 2: Panel Discussion of Agencies that Have Implemented TAP
Date: Monday, August 12, 2013
Time: 12:00 p.m. to 1:30 p.m. EST
Presentation(s):
Presentation 1 (PDF 314 KB)
Presentation 2 (PDF 312 KB)
Presentation 3 (PDF 369 KB)
Presentation 4 (PDF 293 KB)
View the recording here: http://connectdot.connectsolutions.com/p36j5ncrs7c/

Webinar 3: Outreach and Discussion on Program Performance Information
Date: Thursday, August 29, 2013
Time: 12:00 p.m. to 1:30 p.m. EST
Presentation: PDF (1 MB)
View the recording here: http://connectdot.connectsolutions.com/p7mec8fbwy9/

Webinar 4: Final TAP Guidance and Qs & As
Date: Wednesday, August 28, 2013
Time: 12:00 p.m. to 1:30 p.m. EST
Presentation: PDF (905 KB)
View the recording here: http://connectdot.connectsolutions.com/p5okfoh1vc7/

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Slide 39: Contact Information

National TAP and RTP oversight:
Christopher Douwes
Trails and Enhancements Program Manager christopher.douwes@dot.gov
202-366-5013

Photo of Christopher standing in front of a horse statue holding up a sign that says 'Surface Transportaion / You bet it is!'

Protocol: In general, the public and local governments should contact their State DOTs. State DOTs should contact the FHWA Division office in each State.

Finally: Courtesy Jennifer Hefferan, DC Safe Routes to School Coordinator: A local news website quoted Washington DC's planning director, Harriet Tregoning, as follows (a little context is included before the quote), "Tregoning - who rides a folding bicycle whenever she can - gets most agitated when people or groups refer to bicycles, transit and walking as "alternative transportation" as if they were subservient to vehicles. "Calling walking, transit or biking 'alternative' when we do it more than half of our trips is like calling a woman an 'alternative' man," she said." Here's the source article: http://www.nbcwashington.com/blogs/first-read-dmv/Sherwoods-Notebook-Is-This-the-End-of-Our-Autopia-215563071.html

Photo of Christopher Douwes (Session Presenter), Trails and Enhancements Program Manager, Federal Highway Administration, at the Southeastern Equestrian Trails Conference, July 10, 2009: www.southeasternequestriantrails.com/2009FL.html

Updated: 10/24/2013
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