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ATTACHMENT 2

FHWA AND FTA FUNDS THAT MAY BE USED FOR EITHER HIGHWAY OR TRANSIT PURPOSES AND
TITLE 23 PROGRAM TRANSFER PROVISIONS

Federal Highway Administration Programs

Primary Purpose

Eligible Transit Activities

Transfer Among Title 23 Programs
[23 U.S.C. 126 & 104(g)]

Interagency Transfer Considerations

National Highway System (NHS) (23 U.S.C. 103)

Improvements to rural and urban roads that are part of the NHS or that are NHS Intermodal connectors.

Transit improvements within a NHS corridor, subject to statutory conditions set in 23 U.S.C. 103 (b)(6)(C); transportation planning in accordance with 23 U.S.C. 134 & 135; fringe and corridor parking facilities; carpool and vanpool projects; public transportation management systems under 23 U.S.C. 303; publicly owned intracity and intercity bus terminals.

Up to 50% may be transferred to CMAQ, STP, IM, HSIP, RTP, and/or HBP.

May be administered by FHWA or may be transferred to FTA for transit projects eligible for NHS funds under 23 U.S.C. 103(b)(6).

Equity Bonus (EB) (23 U.S.C. 105)

Same as STP.

Same as STP.

None.

Same as STP.

Interstate Maintenance (IM) (23 U.S.C. 119)

Resurfacing, restoring, rehabilitating, and reconstructing most routes on the Interstate system.

No direct transit uses.

Up to 50% may be transferred to NHS, CMAQ, STP, HSIP, RTP, and/or HBP.

Up to 100% may be transferred to STP or NHS if the State certifies to the Secretary that any part of the sums of IM funds apportioned to the State are in excess of the needs of the State for resurfacing, restoring, or rehabilitating Interstate System routes and the State is adequately maintaining the Interstate System and the Secretary accepts such certification.

Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.

Railway-Highway Crossing (HRGX) 23 U.S.C. 130

Elimination of hazards at railway-highway crossings.

No direct transit uses.

Under 23 U.S.C. 104(g): up to 40% may be transferred to the HBP if approved by the Secretary as being in the public interest; up to 100% may be transferred to the HBP if approved by the Secretary as being in the public interest & the State provides assurance that the needs of the program are being met.

N/A

Surface Transportation Program (STP) (23 U.S.C. 133)

Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways and bridges including construction or reconstruction necessary to accommodate other transportation modes.

Capital costs of transit projects that are eligible under Ch. 53 of 49 U.S.C., including vehicles and facilities, publicly or privately owned, that are used to provide intercity bus service; carpool projects and fringe & corridor parking facilities; transit safety infrastructure improvements and programs; transit research, development and technology transfer; surface transportation planning programs; public transportation management systems under 23 U.S.C. 303.

Up to 50% may be transferred to NHS, CMAQ, HSIP, IM, RTP, and/or HBP, except that funds suballocated under 23 U.S.C. 133(d)(3) for use in areas of a State may not be transferred to other 23 U.S.C. programs.

May be administered by FHWA or may be transferred to FTA for transit projects eligible for STP funds under 23 U.S.C. 133(b).

Surface Transportation Program Transportation Enhancements Set-aside (TE) (23 U.S.C. 133(d)(2))

12 specific activities included in the definition of Transportation Enhancement Activities in 23 U.S.C. 101(a)(35).

Although transit is not specifically mentioned in the list of 12 eligible TE activities, some of the eligible TE activities benefit transit.

Up to 25% of the increase above the FY97 Transportation Enhancements or Safety amount may be transferred to NHS, CMAQ, IM, HSIP, RTP, and/or HBP.

May be administered by FHWA or may be transferred to FTA for TE projects that benefit transit.

Highway Bridge Program (HBP) (23 U.S.C. 144)

Replace and rehabilitate deficient highway bridges and to seismically retrofit bridges located on any public road.

No direct transit uses.

Up to 50% may be transferred to NHS, CMAQ, STP, IM, HSIP, and/or RTP.

Transfer of any HBP funds after September 30, 1997, will result in deduction of the amount of the transfer from the total cost of deficient bridges in the State and all States in the succeeding fiscal year.

Under 23 U.S.C. 104(g): up to 40% may be transferred to the HRG if approved by the Secretary as being in the public interest; up to 100% may be transferred to the HRG if approved by the Secretary as being in the public interest & the State provides assurance that the needs of the program are being met. Funds provided for Off-System bridges may not be transferred to other 23 U.S.C. programs without a needs determination

Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.

Construction of Ferry Boats & Ferry Terminal Facilities (23 U.S.C. 147)

Construction of ferry boats and ferry terminal facilities in accordance with section 129(c). Priority in the allocation of funds is to be given to those ferry systems, and public entities responsible for developing ferries, that-(1) provide critical access to areas that are not well-served by other modes of surface transportation; (2) carry the greatest number of passengers and vehicles; or (3) carry the greatest number of passengers in passenger only service.

Passenger ferry boats & terminal facilities.

None

May be administered by FHWA or may be transferred to FTA for transit projects eligible under 23 U.S.C. 147.

Highway Safety Improvement Program (HSIP) (23 U.S.C. 148)

To achieve a significant reduction in traffic fatalities and serious injuries on public roads.

No direct transit uses.

Up to 50% may be transferred to NHS, CMAQ, STP, IM, RTP, and/or HBP.

Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.

Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. 149)

Projects in non-attainment and maintenance areas that reduce transportation related emissions.

Transit capital projects and operating expenses for new services. Operating assistance is limited to new or expanded transportation services and to 3 years.

Funds may only be used in non-attainment and maintenance areas and projects must demonstrate an air quality benefit.

States without non-attainment or maintenance areas may use their minimum apportionment of CMAQ for any project in the State eligible under either CMAQ or STP.

An amount not to exceed 50 percent of the difference between the State's annual apportionment and the amount the State would have received if the CMAQ program was authorized at $1.35 billion for that year may be transferred to NHS, STP, IM, HSIP, RTP, and/or HBP. Funds transferred to other title 23 programs must still be expended within the State's non-attainment or maintenance areas.

May be administered by FHWA or may be transferred to FTA for transit projects eligible for CMAQ funds under 23 U.S.C. 149(b).

Federal Lands Highways Program (FLHP) (23 U.S.C. 204)

Coordinated program of public roads and transit facilities serving Federal and Indian lands. Funding is broken into 4 discrete sources: Indian Reservation Roads (IRR); Public Lands Highway - Discretionary & Forest Highways; Parkways & Park Roads; Refuge Roads

May be used for transit facilities within, adjacent, or providing access to public lands, national parks, national forests, refuge roads, and Indian reservations.

Refuge roads category funds may not be used for new construction and transit.

None.

May be administered by FHWA or may be transferred to FTA for transit projects eligible for FLH funds under 23 U.S.C. 204(h).

Recreational Trails Program (RTP) (23 U.S.C. 206)

Develop and maintain recreational trails and trail-related facilities for both nonmotorized and motorized recreational trail uses.

No direct transit uses.

Up to 50% may be transferred to NHS, CMAQ, STP, IM, HSIP, and/or HBP, subject to approval of the State agency administering the RTP.

Cannot be transferred to FTA.

Statewide Planning& Research (SPR) (23 U.S.C. 505)

Highway and transit planning; statewide transportation planning under 23 U.S.C. 135; metropolitan transportation planning under 23 U.S.C. 134.

49 U.S.C. 5305 statewide transportation planning process; public transportation management systems under 23 U.S.C. 303.

None.

SPR funds for planning may be transferred to FTA at the request of the State DOT to be combined with 49 U.S.C. 5305(e) statewide planning funds as a consolidated planning grant. The 25% of SPR funds that can only be used for RD&T may not be transferred.

Coordinated Border Infrastructure Program (CBIP) (S-LU Section 1303)

To improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico.

Improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle movements (for high-way or transit projects).

None.

Cannot be transferred to FTA.

Nonmotorized Transportation Pilot Program (S-LU Sec. 1807)

To demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within 4 identified communities.

Sidewalks, bicycle lanes, and pedestrian and bicycle paths that connect directly to transit stations.

None.

Cannot be transferred to FTA.

Federal Transit Administration Programs

Primary Purpose

Eligible Highway Categories

Transfer Among Title 49 Programs

Interagency Transfer Considerations

Metropolitan Planning Program (MPP) (49 U.S.C. 5305(d))

To carry out the metropolitan transportation planning process under 49 U.S.C. 5303.

23 U.S.C. 134 metropolitan transportation planning process

None.

May be transferred to FHWA at the request of the State DOT to be combined with 23 U.S.C. 104(f) metropolitan planning funds as a consolidated planning grant; FHWA matching ratio may be used for MPP funds in a consolidated planning grant (CPG).

Statewide Planning & Research (SPR) (49 U.S.C. 5305(e)

To carry out the provisions of 49 U.S.C. sections 5304, 5306, 5315, and 5322.

23 U.S.C. 135 statewide transportation planning process.

None.

SPR funds for state planning may be transferred to FHWA at the request of the State DOT to be combined with 23 U.S.C. 505 statewide planning funds as a consolidated planning grant FHWA matching ratio may be used for SPR funds in a consolidated planning grant (CPG).

Urbanized Area Formula Grants
(Section 507)

Transit capital and planning assistance to urbanized areas with populations over 50,000 and operating assistance to areas with populations of 50,000 - 200,000.

In a Transportation Management Area, the MPO may elect to transfer portions of its FTA Section 5307 (Urbanized Area Formula Grants) funds that cannot be used for operating assistance to FHWA for highway projects subject to the requirements of 49 U.S.C. 5307(b)(2).

Funds apportioned to the Governor under Section 5307 may be transferred to the Nonurbanized Formula Program (Section 5311).

FTA funds must be transferred to FHWA if they are to be used for highway purposes.

Only funds in designated TMAs (urbanized areas with population 200,000 and greater) that cannot be used for operating assistance may be made available for highway projects.

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