Tribal Transportation

Tribal Transportation Funding Resources

C. Federal-Aid Highway Program (FHP)

The Federal-Aid Highway Program represents a broad and diverse array of transportation funding programs administered by the US Department of Transportation. These funds are allocated or apportioned to the States. In most cases, the States have the authority to determine how the funds will be distributed - regionally and locally. The FHWA division office within each State makes the final decision on the eligibility of specific projects.

Program Features

1. Most federal-aid highway funds are distributed by apportionment formula set by legislative criteria.
2. In most cases, the maximum federal share of program costs is 90% for EIS projects and 80% for most others. This federal share may increase for States with large areas of federal land. Certain safety improvements and emergency relief projects may not require matching at all.
3. In some cases, FHP funds may be distributed by allocation (without a distribution formula). Applications are usually solicited by the US DOT before the start of the federal fiscal year (October 1) and submitted by the State DOT. Federal approval of a project and execution of a Project Agreement generally constitutes a commitment by the US DOT to pay the federal share of allowable costs.
4. Project awards are subject to the availability of funds.
5. Tribal governments, in most cases, must formally apply to their States for use of FHP funds. States may require applications be directed to MPOs or local governments, depending on their program rules.

This section describes twenty-three (23) Federal-Aid Highway funding programs. It begins with a Funding Authorizations Table.

Table 2: Federal Aid Highway Program - Funding Authorizations Table FFYs 2005 - 2009 (in Millions)

Note:
Apportionment = the distribution of funds prescribed by a statutory formula.
Allocation = an administrative distribution of funds for programs that do not have a statutory distribution formula.

C.1 Highway Funding Programs

C.1.a Congestion Mitigation and Air Quality Improvement Program (CMAQ)

Program Purpose: The purpose of the Congestion Mitigation and Air Quality Improvement program is to reduce transportation-related emissions in air quality non-attainment and maintenance areas. These emissions effect ozone levels, carbon monoxide (CO) levels and particulate matter (PM-10, PM-2.5) levels.

Program Eligibility: Eligible activities include:

• Transportation activities within approved State Implementation Plans (SIPs)
• Transportation control measures in areas designated as non-attainment under the Clean Air Act Amendments (CAAA)
• Pedestrian and bicycle off-road or on-road facilities, including modification of public walkways to comply with the Americans with Disabilities Act
• Transportation management and monitoring systems
• Traffic management, monitoring and congestion relief strategies
• Telecommunications
• Travel demand management
• New transit systems and service expansions
• Rideshare programs
• New services and programs with air quality benefits
• Alternative fuel projects including vehicle refueling infrastructure, clean fuel fleet programs and conversions
• Diesel retrofits
• Other transportation projects with air quality benefits
• Inspection and maintenance (I/M) programs
• Intermodal freight
• Public education and outreach
• Public - private partnerships and initiatives
• Contracting with transportation management associations (TMAs)
• Fare and fee subsidy programs
• Experimental pilot projects and innovative financing

New single-occupancy vehicle (SOV) capacity projects are not eligible for program funding.
SAFETEA-LU expands eligibility to:

• Establish or operate advanced truck stop electrification systems
• Purchase integrated, inter-operable emergency communications equipment
• Purchase of diesel retrofits for motor vehicles or non-road vehicles and engines used in ozone or particulate matter non-attainment or maintenance areas
• Outreach and education to vehicle owners and operators on purchase and installation of diesel retrofits

Other:

1. CMAQ funds are apportioned to States by formula based on population and the severity of ozone and carbon monoxide pollution in their non-attainment or maintenance areas.
2. A State may transfer CMAQ funds to its Surface Transportation, National Highway System, Interstate Maintenance, Bridge, Highway Safety Improvement and/or Recreational Trails apportionment. The amount transferred may not exceed 50% of the amount by which the State's CMAQ apportionment for the fiscal year exceeds the amount the State would have been apportioned if the program had been funded at $1.35B annually.
3. Certain States are allowed flexibility in their use of CMAQ funds. They are:
   • Montana, for operation of public transit activities that serve a non-attainment or maintenance areas
   • Michigan, for operation and maintenance of ITS strategies that serve a non-attainment or maintenance area
   • Maine, for operation of passenger rail service between Boston, Massachusetts and Portland, Maine
   • Oregon, for operation of additional rail service between Eugene and Portland, Oregon
   • Iowa, Illinois, Indiana, Minnesota, Missouri, Ohio and Wisconsin, for purchase of alternative fuels or biodiesel
4. A State or MPO may enter into a public-private partnership agreement with any public, private or non-profit entity to implement any project funded under CMAQ.
5. If a State has no ozone or carbon monoxide non-attainment or maintenance areas, funds may be used for a STP or CMAQ eligible purpose.
6. SAFETEA-LU requires States and MPOs to prioritize CMAQ funds for diesel retrofits and other emission reduction and congestion mitigation activity that yields measurable air quality benefits.

Program Contact: US DOT, FHWA, Office of Natural and Human Environment, HCF-1, Room E74-302, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-2080.

• http://www.fhwa.dot.gov/environment/cmaqpgs/index.htm
• http://www.fhwa.dot.gov/safetealu/factsheets/cmaq.htm

C.1.b Equity Bonus Program (EBP)

Program Purpose: The purpose of the Equity Bonus program is to provide funding to States based on (a) a minimum rate-of-return on their contributions to the Highway Account of the Highway Trust Fund and (b) a minimum increase relative to the average dollar amount of apportionment each State received under TEA-21. This program replaces the TEA-21 Minimum Guarantee program.

Program Distribution: Each State's share of apportionments from the below listed programs will be at least a specified percentage of the State's contributions to the Highway Trust Fund. The percentage, referred to as the relative rate-of-return, is 90.5% for 2005 and 2006, 91.5% for 2007 and 92% for 2008 and 2009:

• Interstate Maintenance
• National Highway System
• Bridge
• Surface Transportation
• Highway Safety Improvement
• Congestion Mitigation-Air Quality Improvement
• Metropolitan Planning
• Appalachian Development Highway System
• Recreational Trails
• Safe Routes to School
• Rail-Highway Grade Crossing
• Coordinated Border Infrastructure programs
• the Equity Bonus itself and
• High Priority Projects

Other:

1. States with certain characteristics receive a share of apportionments and High Priority Projects that is the greater of the relative rate-of-return approach described above or their average annual share of total apportionments and High Priority Projects under TEA-21. This applies to States with:
   • Population density of less than 40 persons per square mile and of which at least 1.25% of total acreage is under Federal jurisdiction, or
   • Total population less than 1 million, or
   • Median household income of less than $35,000, or
   • 2002 Interstate fatality rate greater than 1 per 100M vehicle-miles-traveled (VMT), or
   • Indexed State motor fuel tax rate higher than 150% of the federal motor fuel excise tax rate as of the date of enactment of SAFETEA-LU.
2. In any given year, no State receives less than a specified percentage of its average annual apportionment and High Priority Projects under TEA-21. These percentage floors are 117% for 2005, 118% for 2006, 119% for 2007, 120% for 2008 and 121% for 2009.
3. Amounts programmatically distributed to other programs take on the eligibilities of those programs. The remaining funds have the same eligibilities as Surface Transportation Program (STP) funds but are not subject to the STP safety set-aside, the transportation enhancement set-aside or the sub-allocations to sub-State areas.

Program Contact: US DOT, FHWA, Office of the Chief Financial Officer, HCF-1, Room E62-326, 1220 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-0622.

• http://www.fhwa.dot.gov/safetealu/factsheets/equitybonus.htm

C.1.c Ferry Boat Discretionary Program (FBD)

Program Purpose: The purpose of the Ferry Boat Discretionary program is to support the construction of ferry boats and terminal facilities within the marine highway system of the National Highway System.

Program Eligibility: Funding priority is given to projects that:

• Provide critical access to areas not well served by other modes of surface transportation
• Carry the greatest number of passengers and vehicles
• Carry the greatest number of passengers in passenger-only service

Other:

1. Funds are available for projects within the United States and its territories. Funded ferry operations cannot be within foreign or international waters.
2. Eligible ferry boats must operate on a route classified as a public road and not on the Interstate. The system must be either publicly-owned or operated, or majority publicly-owned.
3. Each authorization year, $20M is set aside for:
   • State of Alaska - $10M
   • State of New Jersey - $5M
   • State of Washington - $5M

Program Contact: US DOT, FHWA, Office of Program Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-4658.

• http://www.fhwa.dot.gov/safetealu/factsheets/ferryboats.htm
• http://www.fhwa.dot.gov/discretionary/fbdinfo.cfm

C.1.d Highway Bridge Program (HBP)

Program Purpose: The purpose of the Highway Bridge program is to improve the condition of the Nation's highway bridges through replacement, rehabilitation and preventive maintenance.

Program Eligibility: Eligible activities include:

• Total replacement of a structurally deficient or functionally obsolete highway bridge within the corridor of any public road
• Rehabilitation to restore the structural integrity and to correct major functional defects of a bridge on any public road
• Replacement of ferry boat operations in existence on January 1, 1984, replacement of bridges destroyed before 1965 and low-water crossings and bridges made obsolete by Corps of Engineers (CoE) flood control or channelization projects (and not rebuilt with CoE funds)
• Bridge painting, seismic retrofitting, systematic preventative maintenance, calcium magnesium acetate applications, sodium acetate/formate or other environmentally acceptable minimally corrosive anti-icing and de-icing compositions

Deficient highway bridges eligible for replacement or rehabilitation must be over waterways, other topographical barriers or other highways or railroads.

SAFETEA-LU expands program eligibility for preventative maintenance on federal-aid and non-federal-aid highway systems. With this, States may undertake projects for the installation of scour countermeasures or preventative maintenance without regard to whether the bridge is eligible for rehabilitation or replacement.

Other:

1. Apportioned funds are distributed by formula based on each State's relative share of the total cost to repair or replace deficient highway bridges nationwide.
2. The following funds are set-aside prior to apportionment:
   • Bridge Discretionary - For FY2005, $100M for bridge projects at the discretion of the Secretary of Transportation.
   • Bridge Set-Aside - Each year, $100M for the bridge projects and dollar amounts listed in SAFETEA-LU Section 1114(e) (2).
   • Off-System Bridges - A set aside of not less than 15% of the amount annually apportioned to each State (a) for bridge projects not on a federal-aid highway and (b) for the Warwick, Rhode Island airport inter-modal station project.
3. The reference to "square footage" in the apportionment formula is updated with the more generic term "deck area."
4. The total cost of deficient bridges is no longer reduced by the total cost of bridges built to replace destroyed bridges and ferry boat service.

Program Contact: US DOT, FHWA, Office of Bridge Technology, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-4589.

• http://www.fhwa.dot.gov/safetealu/factsheets/bridge.htm
• http://www.fhwa.dot.gov/bridge/dbp.htm

C.1.e Highways for LIFE Pilot Program

Program Purpose: The Highway for LIFE Pilot program is a new discretionary program to promote state-of-the-art technologies and higher-level performance standards and business practices in highway construction. Practices that result in improved safety, faster construction, reduced construction-related congestion and improved quality and user satisfaction are eligible. The purpose of the program is to accelerate the adoption of these practices. To participate, States are required to submit an application that describes the proposed project(s). Priority is given to projects that:

• Address Highways for LIFE performance standards for quality, safety and speed of construction
• Deliver and deploy innovative technologies, manufacturing processes, financing, contracting and performance measures
• Offer innovations that will improve the administration of the State's transportation program
• Will be ready for construction within one year of approval of the project proposal

Program Eligibility: An eligible activity:

• Constructs, reconstructs or rehabilitates a route or connection on an eligible federal-aid highway
• Uses innovative technologies, manufacturing processes, financing or contracting methods that meet performance goals for safety, congestion reduction and quality
• Meets additional criteria as determined by the Secretary of Transportation.

Other:

1. Over the program authorization period, at least one project in each State will be approved for program participation, if possible. The maximum number of projects approved in any one fiscal year is 15.
2. Of total project costs, Highways for LIFE funds may be used as the non-federal share.
3. A State may obligate up to 10% of its Highways for LIFE apportionments for one or more of its Interstate Maintenance, NHS, CMAQ or STP programs.
4. The Secretary of Transportation may make grants and enter into cooperative agreements to achieve program goals.

Program Contact: US DOT, FHWA, Highways for LIFE Office, Room 4136,1200 New Jersey Avenue SE, Washington, DC 20590. (202) 366-4847.

• http://www.fhwa.dot.gov/hfl/

C.1.f High Priority Projects Program (HPP)

Program Purpose: The purpose of the High Priority Projects program is to provide funding for specific and designated projects listed in sections of SAFETEA-LU.

Program Eligibility: Program funds are designated for:

• High Priority Projects listed in SAFETEA-LU Section 1702 and numbered 3677 or higher;
• Projects of National and Regional Significance listed in SAFETEA-LU Section 1301 and numbered 19 or higher;
• National Corridor Infrastructure Improvement Program projects listed in SAFETEA-LU Section 1302 and numbered 28 or higher; or
• Any improvement project listed in SAFETEA-LU Section 1934.

Program Contact: US DOT, FHWA, Office of Program Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-1564.

• http://www.fhwa.dot.gov/programadmin/hpp.cfm

C.1.g National Corridor Infrastructure Improvement Program

Program Purpose: The National Corridor Infrastructure Improvement program is a discretionary program. It funds highway construction projects within corridors of national significance. Its purpose is to promote economic growth and international or inter-regional trade. This program replaces the National Corridor Planning and Development program.

Program Eligibility: To be eligible, projects should satisfy the following criteria:

• The corridor links two existing segments of the Interstate system
• The project facilitates multi-state or regional mobility, economic growth and development in areas underserved by highway infrastructure
• Commercial traffic in the corridor has increased since enactment of the North American Free Trade Agreement (NAFTA) and traffic is projected to increase in the future
• International truck-borne commodities move through the corridor
• The project will reduce congestion on an existing segment of the Interstate
• The project will reduce commercial and other travel time through a major freight corridor
• The program funds will be leveraged with other funding sources

Other:

1. Project selection is undertaken by the Secretary of Transportation. The process:
   • Requires States to submit an application
   • Gives priority to projects in corridors that are part of, or will be part of, the Dwight D. Eisenhower National System of Interstate and Defense Highways after completion
   • Gives priority to projects that will be completed within 5 years of allocation of funds
2. For each project designated for funding in SAFETEA-LU Section 1302, the Secretary must allocate the project's designated amount, as follows: 10% in 2005, 20% in 2006, 25% in 2007, 25% in 2008 and 20% in 2009.
3. This program is active however its current funds are directed to thirty-three (33) projects identified in authorizing legislation.

Program Contact: US DOT, FHWA, Office of Freight Management and Operations, HOFM-1, Room 6320, 400 Seventh Street, SW, Washington, DC 20590.

• http://www.ops.fhwa.dot.gov/freight/safetea_lu/1302_nciip_guid.htm

C.1.h National Highway System (NHS)

Program Purpose: The purpose of the National Highway System is to improve the safety and operation of rural and urban roads that comprise the NHS, including the Interstate system and designated connections to major inter-modal terminals.

Program Eligibility: Funds apportioned for NHS may be obligated for:

• Construction, reconstruction, resurfacing, restoration and rehabilitation of segments of the NHS
• Operational improvements for segments of the NHS
• Construction of operational improvements for a federal-aid highway not on the NHS
• Construction of an eligible transit project
• Public-owned intra-city or intercity bus terminals
• Highway safety improvements for segments of the NHS
• Fringe and corridor parking facilities
• Carpool and vanpool projects
• Bicycle systems and pedestrian walkways
• Transportation planning
• Highway research and planning
• Highway-related technology transfer activities
• Development, establishment and implementation of management systems and infrastructure-based intelligent transportation systems
• Capital and operating costs for traffic monitoring and management facilities and programs
• Participation in natural habitat and wetland mitigation efforts related to eligible projects including mitigation banks and State and regional conservation efforts
• Environmental restoration and pollution abatement
• Control of noxious weeds and establishment of native species

Other:

1. Each State receives a minimum of 1/2% of combined NHS and Interstate Maintenance apportionments. The NHS apportionments are based on the following factors:
   • 25% - Total lane miles of principal arterials
   • 35% - Total vehicle miles of travel on principal arterials
   • 30% - Diesel fuel used on all highways
   • 10% - Total lane miles of principal arterials per capita
2. States may transfer up to 50% of NHS apportionments to their Interstate Maintenance, STP, CMAQ, Highway Bridge or Recreational Trail apportionments. Up to 100% may be transferred to STP if approved.
3. SAFETEA-LU requires a portion of NHS fund authorizations be set-aside for:
   • Alaska Highway - $30M
   • Guam, American Samoa, the Virgin Islands and the Commonwealth of Northern Mariana Islands - $40M (FFY 2005 to 2006) and $50M (FFY 2007 to 2009)

Program Contact: US DOT, FHWA, Office of Interstate and Border Planning, HEPI-20, Room E74-313, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-5010.

• http://www.fhwa.dot.gov/planning/nhs/

C.1.i National Scenic Byways Program

Program Purpose: The National Scenic Byways program recognizes roads with outstanding scenic, historic, cultural, natural, recreational and archaeological qualities. It enables designation of these roads as National Scenic Byways, All-American Roads or America's Byways. Grants and technical assistance are provided to States and Tribal governments to implement projects on these roads and their scenic roads and byways. The program supports planning, design and development.

Program Eligibility: Eligible activities include:

• Safety improvements to highways designated as scenic byways
• Construction of facilities along such highways for pedestrian and bicycle service, rest area turnouts, overlooks and interpretive facilities
• Improvements to such highways to improve access for recreational purposes
• Protection of historical and cultural resources along such highways
• Tourist information and scenic byway marketing plans and programs

Passing lanes are not eligible for program funding. Eligible scenic byway activities may be also funded through the Surface Transportation Program (STP) - Transportation Enhancements program.

Program Contact: US DOT, FHWA, Office of Planning, Environment and Realty, HEP-2, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-2048.

• http://www.bywaysonline.org

C.1.j Projects of National and Regional Significance Program (PNRS)

Program Purpose: The Projects of National and Regional Significance program supports very high-cost transportation infrastructure projects of national or regional importance. These projects are large and typically not adequately funded. The program is intended to improve economic productivity, facilitate international trade, relieve congestion and enhance the movement of passengers and freight.

Program Eligibility: An eligible project is any surface transportation project eligible for assistance, including an eligible freight railroad project, with a total cost greater than or equal to the lesser of:

1. $500,000,000 or
2. 75% of the amount of federal highway funds apportioned to the State in which the project is located for the most recent completed fiscal year.

Eligible activities and costs include:

• Development phase activities - planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design and other preconstruction activities
• Cost of construction, reconstruction, rehabilitation, acquisition of right-of-way, environmental mitigation, construction contingencies, equipment acquisition and operational improvements

Other:

1. Request-for-funding applications are solicited by the Secretary of Transportation. Funds are awarded competitively.
2. Projects are evaluated on their ability to:
   • Generate national economic benefits
   • Reduce congestion
   • Improve transportation safety
   • Enhance the national transportation system
   • Garner support for non-federal financial commitments and the degree to which the federal investment is leveraged
   • Provide evidence of stable and dependable financing for construction, maintenance and operation of the facility
   • Use new technologies that enhance project efficiency
   • Help maintain or protect the environment
3. Program funds are designated for projects listed in SAFETEA-LU Section 1301(m). These are:
   • High Priority Projects listed in Section 1702 and numbered 3677 or higher
   • Projects of National and Regional Significance listed in Section 1301 and numbered 19 or higher
   • National Corridor Infrastructure Improvement Program projects listed in Section 1302 and numbered 28 or higher or
   • Any transportation improvement project listed in Section 1934
4. For each project already listed in Section 1301(m), the Secretary must allocate program funds, as follows: 10% in 2005, 20% in 2006, 25% in 2007 and 2008 and 20% in 2009.

Program Contact: US DOT, FHWA, Office of Freight Management and Operations, HOFM-1, Room E84-440, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 266-2997.

• http://www.ops.fhwa.dot.gov/freight/safetea_lu/1301_pnrs_guid.htm

C.1.k Transportation, Community and System Preservation Program (TCSP)

Program Purpose: The TCSP program is intended to address the relationship between transportation, community and system preservation plans and practices. It supports private sector-based initiatives to improve and support the transportation planning process. It also encourages cooperation among State, Tribal, regional and local governments.

Program Eligibility: Eligible projects:

• Improve the efficiency of the transportation system of the United States
• Reduce the impacts of transportation on the environment
• Reduce the need for costly future investments in public infrastructure
• Provide efficient access to jobs, services and centers of trade
• Examine community development patterns and identify strategies to encourage private sector development

Transit-oriented development plans, traffic calming measures and other TCSP practices are eligible.

Other:

1. The Secretary of Transportation issues grants to States, MPOs and local and Tribal governments. There must be an equitable distribution to a diversity of populations and geographic regions. Priority is given to applicants that:
   • Have coordinated preservation or development plans that promote cost-effective investments and private sector strategies
   • Have other TCSP policies such as those addressing high-growth areas, urban growth boundaries and "green corridors" for controlled growth
   • Address environmental mitigation
   • Encourage private sector involvement

Program Contact: US DOT, FHWA, Office of Planning, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-6654.

• http://www.fhwa.dot.gov/tcsp/pi_tcsp.htm

C.1.l Truck Parking Facilities Program

Program Purpose: The Truck Parking Facilities program is a pilot program intended to address the shortage of long-term parking for commercial vehicles on the National Highway System.

Program Eligibility: Eligible activities include:

• Constructing safety rest areas that include commercial vehicle parking
• Constructing commercial vehicle parking facilities adjacent to commercial truck stops and travel plazas
• Opening existing facilities to commercial vehicles
• Promoting the availability of publicly or privately provided commercial vehicle parking on the NHS using Intelligent Transportation Systems and other means
• Constructing turnouts for commercial vehicles
• Making capital improvements to public commercial vehicle parking facilities to allow year-round use
• Improving the geometric design of interchanges for improved access to parking facilities

Other:

1. States, MPOs and local governments are eligible recipients. They must submit an application. Priority is given to applicants that:
   • Report a severe shortage of commercial vehicle parking in the corridor
   • Are in consultation and communications with affected State and local governments, community groups, providers of commercial vehicle parking and motorist and trucking organizations
   • Demonstrate projects will have a positive effect on highway safety, traffic congestion and/or air quality

Program Contact: US DOT, FHWA, Office of Freight Management and Operations, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-2639.

• http://www.ops.fhwa.dot.gov/freight/safetea_lu/1305_tpf.htm

C.2 Flexible Funding Programs

C.2.a Surface Transportation Program (STP)

Program Purpose: The Surface Transportation Program is intended to offer flexible transportation funding options to States and localities in support of a broad and diverse array of federal-aid eligible projects.

Program Eligibility: Eligibility activities include construction, reconstruction, rehabilitation, resurfacing, restoration and operational improvement for highways including Interstate highways and bridges on public roads of all functional classifications. Eligible activities also include:

• Seismic retrofit, painting and application of calcium magnesium acetate, sodium acetate/formate or other environmentally acceptable, minimally corrosive anti-icing and de-icing composition on bridges and other elevated structures
• Mitigation of damage to wildlife, habitat and ecosystems
• Capital costs for transit projects including vehicles and facilities used for intercity passenger bus service, whether publicly or privately owned
• Carpool projects, fringe and corridor parking facilities, bicycle and pedestrian service, including public sidewalk modifications to comply with the Americans with Disabilities Act
• Highway and transit safety infrastructure improvements and programs, hazard elimination, hazard mitigation related to wildlife crossings and railway-highway road crossings
• Intersections with high accident rates and congestion, with a level of service no better than "F" during peak travel hours and located on a federal-aid highway
• Highway and transit research, development and technology programs
• Infrastructure-base intelligent transportation systems capital improvements
• Development of management systems
• Capital and operating costs for traffic monitoring and system management, including advanced truck stop electrification systems
• Surface transportation planning programs
• Transportation enhancement activities
• Transportation control measures
• Environmental restoration and pollution abatement
• Control of noxious weeds and establishment of native species
• Participation in eligible natural habitat and wetland mitigation projects, including mitigation banks and State and regional conservation efforts

Before apportionment to the States, program funds are set aside for:

• Operation Lifesaver - $560,000 each fiscal year
• Rail-Highway Crossing Hazard Elimination in High Speed Rail Corridors - $5.25M - FFY 2005, $7.25 M - FFY 2006, $10M - FFY 2007, $12.5M - FFY 2008 and $15M - FFY2009
• On-the-Job Training/Supportive Services - $10M each fiscal year for administration
• Disadvantaged Business Enterprise Training - $10M each fiscal year for administration

Other:

1. Each State receives a minimum of ½% of the funds apportioned for the Surface Transportation Program. As a rule, State apportionments are based on the following factors:
   • 25% - Total lane miles of Federal-aid highways
   • 40% - Vehicle miles traveled on lanes on federal-aid highways
   • 35% - Estimated tax payments into the Highway Account of the Highway Trust Fund
2. A portion of a State's Equity Bonus is added to its STP apportionment.
3. 10% of each State's apportionment is set-aside for safety construction activity such as hazard elimination and railway-highway crossings.
4. 10% of each State's apportionment is set-aside for transportation enhancement activity.
5. 50% (62.5% of the remaining 80%) is divided between urbanized areas over 200,000 in population and the remaining areas of the State.
6. The remaining 30% (37.5% of the remaining 80%) may be used in any area of the State.
7. Areas of less than 5,000 population are guaranteed not less than 110% of a State's FFY1991 pre-ISTEA secondary road program apportionment.

Program Contact: US DOT, FHWA, Office of Program Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-4653.

• http://www.fhwa.dot.gov/safetealu/factsheets/stp.htm

C.2.b STP - Transportation Enhancements (STP-TE)

Program Purpose: The Transportation Enhancements program is a component of the larger Surface Transportation Program (C.2.a above). The purpose of the program is to strengthen the cultural, aesthetic and environmental aspects of the national multi-modal transportation system.
Program Eligibility: Eligible projects must have at least one of 12 qualifying activities:

• Facilities for pedestrians and bicycles
• Safety and education for pedestrians and bicyclists
• Scenic easements and scenic or historic site acquisition, including historic battle fields
• Scenic or historic highway programs including tourist and welcome center facilities
• Landscaping and other scenic beautification
• Historic preservation
• Rehabilitation and / or operation of historic transportation buildings, structures or facilities, including historic railroad facilities and canals
• Preservation of abandoned railway corridors, including conversion and use for pedestrian or bicycle trails
• Inventory control and removal of outdoor advertising
• Archaeological planning and research
• Environmental mitigation to address highway runoff pollution or reduction in vehicle-caused wildlife mortality while maintaining habitat connectivity
• Establishment of transportation museums

SAFETEA-LU establishes a pilot program for States to assume federal responsibility in project environmental review and decision-making, including activity related to transportation enhancements.

Other:

1. A State's TE funding is derived from a set-aside from its larger Surface Transportation Program apportionment.
2. As established by SAFETEA-LU - after 2005 - a State's TE set-aside is 10% or the amount set aside in 2005, whichever is greater.
3. Funds from other federal agencies and the value of other contributions may be credited toward the non-federal share of a TE project or group of projects. The aggregate however must not exceed 80% of the federal share.

Program Contact: US DOT, FHWA, Office of Natural and Human Environment, HEPN-50, Room E74-474, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-5013

• http://www.fhwa.dot.gov/environment/te/index.htm

C.3 Non-Motorized Funding Program

C.3.a. Recreational Trails Program

Program Purpose: The purpose of the Recreational Trails program is to develop and maintain recreational trails and trail-related facilities for non-motorized and motorized uses. It encourages trail development, construction, maintenance and rehabilitation. Trail uses may include hiking, bicycling, in-line skating, equestrian use, cross-country skiing, snowmobiling, off-road motorcycling, all-terrain vehicle riding, four-wheel driving and off-road motorized vehicle uses.

Program Eligibility: Eligible activities include:

• Maintenance and restoration of existing trails
• Development and rehabilitation of trailside and trailhead facilities
• Purchase and lease of trail construction and maintenance equipment
• Construction of new trails (with some restrictions for new trails on Federal lands)
• Acquisition of easements or property for trails
• Assessment of trail conditions for accessibility and maintenance
• Development and dissemination of related publications, safety educational programs and environmental protection

Other:

1. Program funds are distributed to States by statutory formula. 50% is apportioned equally among all States. 50% is apportioned by the estimated amount of non-highway recreational fuel use in each State.
2. The Governor must designate a State agency or agencies to administer the program and issue grants. Moreover, the State must have a State recreational trail advisory committee representing motorized and non-motorized recreational trail users.
3. States may make grants to private organizations or to municipal, county, State, Federal or other government agencies.
4. States must balance funding between motorized, non-motorized and diverse trail use:
   • 45% - diverse trail use
   • 30% - non-motorized recreation
   • 30% - motorized recreation
5. SAFETEA-LU clarifies education funds may be used for publications, patrol programs and trail-related training.
6. SAFETEA-LU eliminates the ability of States to waive set-asides for non-motorized and motorized recreation.
7. Program funds may be used to match other federal program funds for eligible purposes. Other federal agency funds may be used to fulfill the non-federal share; however the aggregate must not exceed 95%.
8. Program funds may not be used for:
   • Property condemnations
   • Constructing new trails for motorized use on National Forest or Bureau of Land Management lands unless the project is consistent with resource management plans
   • Enabling motorized access on otherwise non-motorized trails

Program Contact: US DOT, FHWA, Trails and Enhancement Program, HEPN-50, Room E74-474, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-5013.

• http://www.fhwa.dot.gov/environment/rectrails/index.htm

C.4 Safety Funding Programs

C.4.a Alcohol-Impaired Driving Countermeasures Incentive Program (Section 410)

Program Purpose: The purpose of the Alcohol-Impaired Driving Countermeasures Incentive Grant program is to reduce collisions resulting from driving while under the influence of alcohol or other controlled substances. States may use grant funds for the following eligible activities:

• High visibility enforcement
• Training and equipment for law enforcement
• Advertising and educational campaigns that publicize checkpoints, increase law enforcement efforts and target impaired drivers under 34 years of age
• State impaired-operator information systems
• Vehicle or license plate impoundment

Program Eligibility: Criteria for eligibility include:

Low Fatality Rate Criteria - Eligible jurisdictions demonstrating an alcohol-related fatality rate of 0.5 or less per 100,000,000 VMT as of the date of the grant or

Programmatic Criteria - Eligible jurisdictions meeting three (3) of the below criteria by FFY2006, four (4) criteria by FFY 2007 and five (5) criteria by FFYs 2008 and 2009:

• Programs for high visibility law enforcement campaigns using checkpoints and/or saturation patrols
• Prosecution and adjudication outreach programs that educate prosecutors and judges
• Programs to increase the rate of testing drivers involved in fatal crashes
• Laws that impose stronger sanctions or penalties for high-risk drivers
• Effective alcohol rehabilitation for repeat offenders or program referrals to DWI courts
• Effective strategies to prevent drivers under 21 from obtaining alcoholic beverages and preventing others from making alcoholic beverages available to them
• Administrative driver license suspensions or revocation programs for individuals driving under the influence of alcohol
• Programs for which a significant portion of fines or surcharges collected from those fined for driving while under the influence are returned to communities for their creation and implementation of impaired driving prevention programs

Other:

1. High Fatality Rate Grants - These grants are available to assist the ten (10) States with the highest impaired driving-related fatalities. At least 50% of the grantallocations must be used for Sobriety Check Point and/or Saturation Patrol programs.
2. "States" are defined as the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Island and the Bureau of Indian Affairs.

Program Contact: US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-2685.

• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/alcohol_impaireddriving.html
• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/Section_410_Legislation1.html

C.4.b Child Safety and Child Booster Seat Incentive Program (Section 2011)

Program Purpose: SAFETEA-LU establishes a new incentive grant program for the enactment and enforcement of child restraint laws requiring children up to 65 pounds and under 8 years of age to be properly restrained in a child restraint.

Program Eligibility: Program grants may be used only for child safety seat and child restraint programs. Not more than 50% of a grant received in a fiscal year may be used for purchasing and distributing safety seats and restraints for low-income families. The remaining amount may be used to carry out safety seat and restraint programs including:

• Enforcement of child restraint laws
• Training child passenger safety professionals, police officers, fire and emergency medical personnel, educators and parents on child safety seats and child restraints
• Educating the public on the proper use and installation of safety seats and restraints

Other:

1. States must certify they meet program eligibility requirements.
2. States must demonstrate a maintenance-of-effort.
3. "States" are defined as the 50 States, the District of Columbia and Puerto Rico.

Program Contact: US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-0743.

• Section 2011 Child Safety and Child Booster Seat Incentive Grants Implementing Guidance

C.4.c Highway Safety Improvement Program (HSIP)

Program Purpose: The Highway Safety Improvement program represents a new "core" federal-aid program with its own funding source. Its purpose is to achieve a significant reduction in traffic fatalities and injuries on public roads. The program requires a data-driven, strategic approach to improving highway safety. It is focused on results.

Program Eligibility: Commencing in 2006, States with Strategic Highway Safety Plans (SHSP) may obligate HSIP funds. The funds may be used for projects on any public road or publicly-owned bicycle and pedestrian pathway or trail. The HSIP funds are apportioned to States based on the following factors:

• 33-1/3% - Lane miles of federal-aid highways
• 33-1/3% - Vehicle miles traveled on lanes on federal-aid highways
• 33-1/3% - Number of fatalities on the federal-aid system

Other: Each State is intended to receive at least 1/2 of 1% of apportioned program funds however there are restrictive mandates, as follows:

1. High-Risk Rural Roads.SAFETEA-LU sets aside $90M each fiscal year for construction and operational improvements on high-risk rural roads. These roads are functionally classified as "rural major," "minor collector" or "rural local" (a) with injury crash rates above the statewide average for such functionally classified roads or (b) likely to experience increased traffic that will result in a crash rate in excess of the average statewide rate. The high-risk rural roads set-aside is applied in proportion to a State's HSIP apportionment. If a State certifies that it has addressed safety conditions on its high-risk rural roads, it may use its HSIP funds for any eligible safety project.
2. Also within HSIP, SAFETEA-LU sets aside $220M annually for railroad-highway crossing improvements.
3. To use HSIP funds each State, by October 2007, must have a Strategic Highway Safety Plan (SHSP) in place that identifies and analyzes safety problems and opportunities for correcting them. The plan must include a crash data system that performs problem identification and countermeasure analysis.
4. If States do not have the SHSP in place by October 2007, their subsequent HSIP apportionments are frozen at the 2007 level and may only be used for railway-highway crossing and hazard elimination projects.
5. As a condition of obligating its HSIP funds, a State must submit an annual report to the Secretary of Transportation identifying at least 5% of its roadway locations with the most severe safety needs. An assessment on remedies, costs and impediments for improving these locations must be included.
6. States must also submit a report to the Secretary of Transportation describing progress on safety improvement projects, their effectiveness and contribution to reducing traffic fatalities, injuries and collisions as well as railway-highway crossing collisions.
   Program Contact: US DOT, FHWA, Office of Safety Programs, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-2157.

• http://safety.fhwa.dot.gov/safetealu/factsheet1401hrrr.htm
• http://safety.fhwa.dot.gov/safetealu/qa_programarea.htm#_Toc118108087

C.4.d Motorcyclist Safety Program

Program Purpose: The Motorcyclist Safety Program is a new SAFETEA-LU program of incentive grants to reduce the number of single and multi-vehicle crashes involving motorcyclists. A State may use the grants only for motorcycle safety training and awareness programs, including improvement of training curricula, delivery of training in urban and rural areas, recruitment or retention of safety instructors, public awareness and outreach programs.

Program Eligibility: Eligibility is based on six (6) criteria. A State must meet one of the following criteria in the first year in which it receives a grant and two criteria in subsequent fiscal years:

• An effective Motorcycle Rider Training Course offered statewide
• A Statewide Motorcyclist Awareness Program
• A Reduction of Fatalities and Crashes involving motorcycles in the preceding years
• A Statewide Impaired Driving Program, including specific measures to reduce impaired motorcycle driving
• A Reduction of Fatalities and Accidents involving alcohol or drug impaired motorcyclists for the preceding year
• Use of all fees collected from motorcyclists for training and safety programs

Other:

1. States must certify their compliance to program criteria.
2. States qualifying for a grant will receive at least $100,000. The amount however must not exceed 25% of the amount apportioned to the State for FY2003.
3. States must demonstrate a maintenance-of-effort.
4. An agency of a State may sub-allocate funds from the grant to a nonprofit organization in the State.
5. "States" are defined as the 50 States, the District of Columbia and Puerto Rico.

Program Contact: US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-0599.

• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/Sec_2010_MC.html
• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/motorcycle_safety.html

C.4.e Occupant Protection Incentive Grant Program

Program Purpose: The purpose of the Occupant Protection Incentive program is to reduce roadway deaths and injuries resulting from unrestrained or improperly restrained occupancy within a motor vehicle. A State may use the grant funds only to implement and enforce occupant protection programs.

Program Eligibility: A State is eligible for an incentive grant by adopting or demonstrating it has implemented at least four (4) of the following criteria:

• A Safety Belt Use Law applying to all vehicles
• A Safety Belt Law providing for Primary Enforcement
• Minimum Fines or Penalty Points for safety belt and child safety seat use law violations
• A statewide Special Traffic Enforcement Program (STEP) for occupant protection that emphasizes publicity
• A statewide Child Passenger Protection Program that includes education on proper seating positions for children in air bag equipped motor vehicles and instruction on how to reduce the improper use of child restraint systems
• A Child Passenger Protection law that requires minors to be properly secured in a child safety seat or other appropriate restraint system

Other:

1. States must certify compliance to program criteria.
2. State must demonstrate a maintenance-of-effort.
3. "States" are defined as the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands and the Bureau of Indian Affairs.

Program Contact: US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-0743.

• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/405_amended_FINALReg_12-05.html

C.4.f Safe-Routes-to-School Program

Program Purpose: The Safe-Routes-to-School program is intended to enable children, including those with disabilities, to walk and bicycle safely to school. Its purpose is to (a) make walking and bicycling to school safe and appealing and (b) support projects that improve safety and reduce traffic, fuel consumption and air pollution in the vicinity of schools. Projects may be planned on any public road or any bicycle or pedestrian system in the vicinity of schools.

Program Eligibility: Eligible projects include the planning, design and construction of infrastructure projects that substantially improve the ability of students to walk and bicycle to school, including:

• Sidewalk improvements
• Traffic calming and speed reduction improvements
• Pedestrian and bicycle crossing improvements
• On-street bicycle facilities
• Off-street bicycle and pedestrian facilities
• Secure bike parking
• Traffic diversion improvements in the vicinity of schools

Other:

1. Eligible construction and capital projects must be within two (2) miles of a primary or middle school (grades K-8).
2. Program funds are based on the State's relative share of total enrollment in primary and middle schools.
3. Each State receives no less than $1 million.
4. Each State must set aside between 10% and 30% of its funds for non-infrastructure projects. These include:
   • Public awareness and outreach
   • Traffic education and enforcement
   • Student sessions on bicycle and pedestrian safety, health and environment
   • Training for volunteers and managers of safe-routes-to-school programs
5. States receiving program funds must use a sufficient amount to fund a full-time position to coordinate its safe-routes-to-school program. Funds administered by State departments of transportation are also intended to provide financial assistance to state, regional and local agencies including non-profit organizations that demonstrate the ability to meet the requirements of the program.

Program Contact: US DOT, FHWA, Office of Safety, HSST, 1200 New Jersey Avenue, SE
Washington, D.C. 20590. (202) 366-2205.

• http://safety.fhwa.dot.gov/saferoutes/

C.4.g Safety Belt Performance Program (Section 406)

Program Purpose: The Safety Belt Performance program is a new SAFETEA-LU program of incentive grants to encourage the enactment and enforcement of laws requiring the use of safety belts in passenger motor vehicles. States may use these grants for any safety purpose that (a) corrects or improves a hazardous roadway location or (b) proactively addresses highway safety problems. However, at least $1M received must be obligated for behavioral highway safety activity.

Program Eligibility: A State is eligible for an incentive grant if it did not have a conforming Safety Belt Use Law for all passenger motor vehicles in effect on or before December 31, 2002 and either:

• Enacts, for the first time after December 31, 2002, and has in effect and is enforcing a conforming Safety Belt Use Law for all passenger motor vehicles or
• After December 31, 2005, has a State safety belt use rate of 85% or more for each of the two consecutive calendar years immediately preceding the fiscal year of the grant.

Other:

1. If the total amount of incentive grants provided for a fiscal year exceeds available funds for that fiscal year, grants are made to States in the order in which they meet either of the above two (2) criteria. However, States eligible for a grant but did not receive one and that continue to meet either criteria in the next fiscal year are eligible for a catch-up grant.
2. "Passenger motor vehicles" are defined as passenger cars, pickup trucks, vans, minivans and sport utility vehicles with gross vehicle weight ratings of less than 10,000 pounds.

Program Contact: US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-3990.

• http://www.nhtsa.gov/nhtsa/whatsup/TEA21/GrantMan/HTML/Sec_2005_406.html
• Section 406 Safety Belt Performance Grants Implementing Guidance

C.4.h State and Community Highway Safety Grant Program (Section 402)

Program Purpose: The purpose of the State and Community Highway Safety Grant is to reduce traffic accidents, deaths, injuries and property damage on the Nation's highways. States may use grant funds only for highway safety purposes. At least 40% of the funds must be expended by political subdivisions within the State.

Program Eligibility: Program grants are issued by formula and require submission of a Performance Plan, which establishes goals and performance measures to improve highway safety. Grant funds may be used for problems identified within national priority areas:

• Alcohol and other Drug Countermeasures
• Police Traffic Services
• Occupant Protection
• Traffic Records
• Emergency Medical Services
• Motorcycle Safety
• Pedestrian/Bicycle Safety
• Speed Control

Eligibility may also be extended to programs constituting a highway safety program such as a pupil transportation safety program, for which effective countermeasures have been identified.

Other:

1. A Highway Safety Plan and Performance Plan, which describe State activities in achieving performance goals, is required. SAFETEA-LU also requires assurance that activity in support of national highway safety goals will be implemented, including:
   • National law enforcement mobilizations
   • Sustained enforcement of statutes addressing impaired driving, occupant protection and speed
   • Annual safety belt use surveys
   • Development of timely and effective statewide data systems
2. Program formula grants are based on:
   • 75% - Ratio of the State's population in the latest federal census to the total population in all States
   • 25% - Ratio of public road miles in the State to the total public road miles in all States
3. "States" are defined as the 50 States, federally recognized Indian Tribes, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands and the Bureau of Indian Affairs.
4. In FFY 2006, the apportionment to the Bureau of Indian Affairs increased from 3/4th of 1% to 2%.

Program Contacts:

(1) US DOT, NHTSA, Regional Operations and Program Delivery Office, 1200 New Jersey Avenue, SE, West Building, Washington, DC 20590. (202) 366-2715.

• 23 CFR Part 1200 - Uniform Procedures for State Highway Safety Programs
• 23 CFR Part 1205 - Highway Safety Programs: Determinations of Effectiveness