Moving Ahead for Progress in the 21st Century Act (MAP-21)
August 2012
After 10 extensions, a 27-month bill
SAFETEA-LU expired on 9/30/09
10 extensions (final one from 7/1/12 - 7/6/12)
- Strong bipartisan vote for 27-month transportation bill
- Passed 373-52 in the House
- Passed 74-19 in the Senate
- Also includes major non-transportation provisions, e.g.,
- Extension of 3.4% interest rates for student loans
- Reauthorization of flood insurance program
MAP-21 themes
- Strengthens America’s highway and public transportation systems
- Creates jobs and supports economic growth
- Supports the Department’s aggressive safety agenda
- Simplifies and focuses the Federal program
- Accelerates project delivery and promotes innovation
- Establishes a performance-based Federal program
Stable funding
- Program authorized through FY14
- Current law through end of FY12
- Most new provisions go into effect on October 1st
Avg. annual funding at FY12 levels (plus minor inflation)
Extends Highway Trust Fund taxes and ensures 2 years of solvency for Highway Trust Fund (HTF)
- Substantial programmatic consolidation
- No earmarks
- Most discretionary programs eliminated
Apportioned programs
Program structure
| MAP-21 | Current Law |
|---|---|
| National Highway Performance Program (NHPP) | NHS, IM, & Bridge (portion) |
| Surface Transportation Program (STP) | STP & Bridge (portion) |
| Congestion Mitigation & Air Quality Improvement Program (CMAQ) | CMAQ |
| Highway Safety Improvement Program (HSIP) | HSIP (incl. High Risk Rural Roads) |
| Railway-Highway Grade Crossing (takedown from HSIP) | Railway Highway Grade Crossing |
| Metropolitan Planning | Metropolitan Planning |
| Transportation Alternatives (setaside from NHPP, STP, HSIP, CMAQ, and Metro Planning) | TE, Recreational Trails, and Safe Routes to School |
A new approach to formulas
Authorize lump sum for all apportioned programs |
| ↓ |
Calculate total amount to apportion to each State |
| ↓ |
Divide State lump sum among programs |
Division of a State’s apportionment among programs
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CMAQ State’s lump sum multiplied by...
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→ |
Metro Planning State’s lump sum multiplied by...
| → |
Remainder (net of CMAQ, Metro Planning) divided among...
...and then setasides for Rail-Highway Grade Crossings and the Transportation Alternatives program |
$37.7 billion/year in formula funding
- Surface Transportation Program ($10.0)
- National Highway Performance Program ($21.8)
- HSIP ($2.2)
- Railway-Highway Crossing ($0.2)
- CMAQ ($2.2)
- Transportation Alternatives ($0.8)
- Metro Planning ($0.3)
Note: Amounts in $ billions; individual program amounts do not add exactly to total due to rounding
National Highway Performance Program ($21.8B)
- Funds an enhanced National Highway System, combining functions of the existing NHS, IM and Bridge Programs
- Enhanced NHS includes existing NHS, all principal arterials, STRAHNET, and intermodal connectors
- Requires an asset management plan
- States set targets for conditions and performance
- Min. standards for Interstate & bridge conditions in a State
- DOT to set minimum standard for Interstate pavement condition
- Law sets standard for NHS bridges -- no more than 10% of deck area may be structurally deficient
Surface Transportation Program ($10.0B)
- Continued flexible funding for Federal-aid highways, plus safety and bridges on any public road
- Eligibility for transportation enhancements, rec trails, ferry boats, consolidated border infrastructure program, truck parking facilities, and safe routes to schools (no set-aside)
- 50% of funds subject to suballocation based on population
- Rural provisions enhanced
- Rural planning organizations, if any, must be consulted
- Up to 15% of rural suballocation may be spent on minor collectors
Highway Safety Improvement Program ($2.4B)
- Dramatically increases size of existing program
- Maintains current structure; adds requirement for regular update of the strategic highway safety plan
- Keeps setaside ($220M/year) for rail-highway grade crossings
- No high risk rural roads setaside unless safety statistics worsen
- Secretary to establish measures and States to set targets for number of injuries and fatalities (and number per VMT)
- Strengthens link between HSIP and NHTSA programs
Congestion Mitigation & Air Quality Improvement Program ($2.2B)
- Continues the current program with changes
- Performance plans for large TMAs (to include air quality and congestion measures)
- States with PM 2.5 areas must use a portion of their funds to reduce PM 2.5
- Some expanded authority to use funds for transit operations
- Explicit support for installation of facilities serving electric or natural gas-fueled vehicles
- CMAQ outcomes assessment study required
Transportation Alternatives (TA) ($814M)
- Incorporates eligibilities from many current programs
- Most (but not all) formerly TE-eligible activities
- Recreational trails program
- Safe Routes to Schools program
- Planning, designing, or constructing roadways within the ROW of former Interstate or other divided highways
- Similar funding level to TEs under SAFETEA-LU
- Total TA $ equal to 2% of MAP-21 highway funding
- Funded via takedown from each State’s formula funds
- 50% suballocated for more local control
- 50% State allocation can be transferred to other formula programs
Other programs/key provisions
Federal Lands & Tribal Transportation
Generally followed Administration’s proposed structure:
| Annual $ | |
|---|---|
| Federal Lands Transportation Program (with new partners) | $300 million |
| Federal Lands Access Program | $250 million |
| Tribal Transportation Program (new formula for distribution among tribes) | $450 million |
Federal Lands Transportation Program ($300M)
For projects that improve access within the Federal estate (e.g., national forests, national recreation areas) on infrastructure owned by the Federal government
Combines Park Roads & Refuge Roads programs; adds new partners—Forest Service, BLM & Corps of Engineers
Some funds reserved for National Park Service & Fish and Wildlife Service roads; remainder awarded competitively
Federal Lands Access Program ($250M)
For projects that improve access to the Federal estate on infrastructure owned by States and local governments
- Distributed by formula based on
- Recreational visitation
- Federal land area
- Federal public road mileage
- Federal public bridges
80% of funds go to States with ≥1.5% of total public land
Each State’s programming decisions made by committee
Requirement for local match
Tribal Transportation Program ($450M)
For projects improving access to and within Tribal lands
New statutory formula for distribution among tribes (to be phased in)
- Various set-asides
- Up to 6% for BIA and FHWA project management & oversight expenses
- Up to 2% for transportation planning
- Up to 2% for priority program for improving deficient Tribal program- eligible bridges
- Up to 2% for safety projects on Tribal lands
- Tribal supplemental funding
TIFIA
Lending capacity expanded – up to $17 billion in credit assistance over 2 years
Notice of Funding Availability released July 27, 2012
- Program reforms
- Letters of Interest / applications accepted throughout the year
- Allows TIFIA participation for up to 49% of eligible project costs
- Master credit agreement for programs of projects (secured by a common pledge) or phased single projects
- Allows up to 10% to be set aside for rural projects; for these projects, increased eligibility and lower interest rates
Tolling/pricing provisions
- Expands Section 129 (general toll program)
- Mainstreams tolling/pricing of new capacity, including Interstate (but generally requires current level of free capacity to remain unchanged)
- Removes requirement for USDOT/State toll agreements
- Extends Section 166 (HOV to HOT conversions)
- Removes requirement for USDOT/State toll agreements
Extends Value Pricing Pilot Program (congestion pricing) – but without discretionary grants
Extends Interstate System Reconstruction and Rehabilitation Pilot Program (allows tolling of all lanes)
Requires toll interoperability on Fed-aid highways within 4 years
Emergency Relief Program
Authorized at $100 million per year
State must apply and provide a complete list of project sites and costs within 2 years of event
May not exceed cost to repair/reconstruct comparable facility
- Emergency repairs—
- Option for Secretary to extend the 180-day limit on emergency repairs at 100% when access to damaged areas is limited
- For permanent repairs, up to 90% share if cost = State’s annual apportionments
Debris removal from Stafford Act disasters funded by FEMA
Maintenance/operation of additional ferryboats or transit eligible as substitute service
Projects of Natl. & Regional Significance ($500M in FY13 only)
Aimed at critical high-cost capital projects
- Maintains most SAFETEA-LU PNRS language
- Title 23-eligible projects, including freight railroad projects & activities
- Competitive grants to States, tribes, & transit agencies
- No designated projects (vs. fully earmarked under SAFETEA-LU)
$ from General Fund; must be appropriated
Report that identifies and analyzes a comprehensive list of PNRS compiled via a survey of States
Freight provisions
- National Freight Policy
- Establishment of National Freight Network, incl. Primary Freight Network, remainder of Interstate System, and critical rural freight corridors
- National freight strategic plan
- Freight transportation conditions and performance reports
- Development of transportation investment data and planning tools
- Prioritization of projects to improve freight movement
- For these projects, increases Federal share payable to 95% on the Interstate System and 90% elsewhere
- USDOT must certify project improves efficiency of freight movement
- Project must be identified in a State freight plan
State freight advisory committees & freight plans encouraged; plan required to qualify for increased Federal share
Research, Technology Deployment, Training & Education
| Annual $ | |
|---|---|
| Highway Research & Development | $115.0 million |
| Technology & Innovation Deployment | $62.5 million |
| Training & Education | $24.0 million |
| ITS Program | $100.0 million |
| University Transportation Centers | $72.5 million |
| Bureau of Transportation Statistics | $26.0 million |
| SHRP 2 implementation (funded as setaside of State Planning and Research funds) | TBD |
Research, Technology Deployment, Training & Education
Funding is almost earmark free ($12M for pavement)
State planning and research (SPR) funded by 2% set- aside from NHPP, STP, CMAQ and HSIP
SHRP-2 to be funded from SPR funds; 75% of States must agree to a percentage of funds for this use
Centers of Excellence funded by Training & Education $
International “Outreach” Program repealed; international research & collaboration built into core R&D program
Performance & planning
Performance management
- MAP-21 identifies national goal areas
- USDOT establishes measures, with input
- States set targets
- State & metro plans describe how the organization will use program and project selection to help achieve targets
- States report to USDOT on progress toward targets (within 4 yr of enactment; biennially thereafter)
- Reports typically lead to corrective actions (not sanctions)
- Consequences if condition of NHS falls below thresholds
Transportation planning
- Metropolitan planning
- Population thresholds for MPOs and TMAs unchanged
- MPOs to establish performance targets
- Long range plan incorporates other performance plans
- TIP to be updated at least every 4 yr
- MPO serving a TMA selects all projects except those on NHS, which are selected by State with MPO cooperation
- Statewide & nonmetropolitan planning
- Transition to performance-based, outcome-driven planning process, with State setting performance targets
- Long range plan includes report on conditions & performance of system relative to established performance measures
- Long range plan incorporates other performance plans
Project delivery
Accelerating project delivery
- Any State can choose to assume specific CE designations in FHWA NEPA regulations
- Use of construction manager/general contractor (CMGC) method of contracting
- Accelerated completion of complex projects (4 yr) when State requests technical assistance
- Demonstration project for lump sum payments for purchase of ROW
- Increased Federal share for some innovative techniques
Accelerating the environmental process
- Environmental review process streamlining
- FEIS and ROD combined in certain conditions
- Allows for the use of planning products in the NEPA process
- Deadlines for issue resolution, with penalties for agencies
- Programmatic mitigation plans
- Reduced statute of limitations on claims (150 days, not 180)
- Expanded authority for categorical exclusions
- Multi-modal projects
- Projects to repair roads damaged in declared emergency
- Projects within existing operational right-of-way
- Projects receiving limited Federal assistance
Other provisions
Workforce & DBE
Continues current law goals for use of small business concerns owned and controlled by socially and economically disadvantaged individuals
- Continues on-the-Job & DBE Supportive Services programs
- Each authorized at $10M per year
- No changes to program administration
Continues States’ ability to use formula funds for surface transportation workforce development, training, & education
Appalachian development highways
No dedicated funding, but eligible under STP and NHPP as appropriate
- ADHS routes eligible for 100% federal share –
- if funded with FY12 or prior year ADHS funds or funds earmarked for an ADHS route; or
- under all formula programs in FY12 and subsequent years
- State plans for completing designated ADHS corridors
- Submitted by October 1, 2013
- Must include annual targets and completion date
Other provisions
- Continued funding for territorial ($40 million) and Puerto Rico ($150 million) highways
- Newly-formularized ferry program
- States may approve overweight permits for divisible loads during major Stafford Act disasters
- Truck size and weight—no changes, but requires a new study and inventory of current state laws
- Electric vehicle charging infrastructure in new or previously funded fringe and corridor parking facilities may be funded on otherwise eligible facilities
Other provisions
- Revised bridge inspection rules (+ tunnel inspections)
- Uniform Relocation Act payment levels updated and may be updated in future through regulation
- Secretary may delegate approval of Interstate [access] justifications to State
- Under revised Buy America, any federal funds on contract cause application to entire project
- Higher threshold for value engineering requirements; not required off NHS, or for design-build
- State may allow limited commercial activity in Interstate rest areas; commercial activities may be privately operated
Next steps
- Communication
- Webpage
- Summary
- Fact sheets and Q&As
- Implementation
- October 1 “phase in”
- Transitional procedures
- Follow-on guidance and regulation