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This publication has been updated. The latest version is at http://www.fhwa.dot.gov/federalaid/projects.cfm.


A Guide To Federal-Aid Programs And Projects
Federal Highway Administration
Office of Program Administration

May 1999

TABLE OF CONTENTS
(By Program, Project, or Use)

PART I

CURRENT PROGRAMS AND PROJECTS

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INTRODUCTION

TITLE

NATIONAL HIGHWAY SYSTEM:
National Highway System (NHS)

INTERSTATE:
Interstate Maintenance (IM)
Interstate Maintenance Discretionary (IMD)

SURFACE TRANSPORTATION PROGRAM:
Surface Transportation Program (STP)
STP Funds Suballocated to Urbanized Areas With Over 200,000 Population
STP Set-Aside for Safety Improvements
STP Set-Aside for Transportation Enhancements

BRIDGE:
Highway Bridge Replacement and Rehabilitation Program (HBRRP)
Innovative Bridge Research and Construction
Bridge Discretionary Program
National Historic Covered Bridge Preservation
Bridges on Indian Reservation Roads (IRR)

CONGESTION MITIGATION AND AIR QUALITY:
Congestion Mitigation and Air Quality Improvement Program (CMAQ)

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM:
Appalachian Development Highway Program

FEDERAL LANDS HIGHWAY PROGRAM:
Indian Reservation Roads
Nationwide Priority Program for Improving Deficient Indian Reservation Road (IRR) Bridges
Public Lands Highways (PLH) - Discretionary and Forest Highways (FH)
Parkways and Park Roads
Refuge Roads

PLANNING AND RESEARCH:
Metropolitan Planning Funds
National Corridor Planning and Development Program
Coordinated Border Infrastructure Program
State Planning and Research (SPR)

RESEARCH, DEVELOPMENT AND TECHNOLOGY:
Commercial Vehicle Intelligent Transportation Systems (ITS) Infrastructure Deployment
International Highway Transportation Outreach Program
Intelligent Transportation Systems (ITS) Integration
Intelligent Transportation Systems (ITS) Research and Development
Seismic Research Program
Surface Transportation Research
Surface Transportation - Environment Cooperative Research Program
Surface Transportation - Research Strategic Planning
Technology Deployment Program

SAFETY:
State and Community Highway Safety Grants (402 Program -- formerly Highway Safety Program)
Operation Lifesaver
Safety Incentive Grants for Use of Seat Belts
Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons
State Highway Safety Data Improvement Grants

EQUITY ADJUSTMENT CATEGORIES:
Minimum Guarantee

SPECIAL PROGRAMS:
Credit Assistance for Surface Transportation Projects
Emergency Relief Program
Magnetic Levitation Transportation Technology Deployment Program
Motor Carrier Safety Assistance Program (MCSAP)
National Highway Institute
Recreational Trails Program
Puerto Rico Highway Program
Territorial Highways
Transportation and Community and System Preservation Pilot Program
Transportation Assistance for Olympic Cities
Value Pricing Pilot Program

SPECIAL USES OF HIGHWAY FUNDS:
Ferry Boat Discretionary (FBD) Program
National Scenic Byways Program
Railway-Highway Crossing Hazard Elimination in High Speed Rail Corridors

SPECIAL PROJECTS:
Alaska Highway (Shakwak)
High Priority Projects
Highway Use Tax Evasion Projects
Woodrow Wilson Bridge

PART II

OTHER ACTIVE PROGRAMS AND PROJECTS

TITLE

Additional Allocation--Wisconsin
Applied Research & Technology Program
Baltimore-Washington Parkway
Control of Outdoor Advertising
Defense Access Roads
Demonstration, Priority, and Special Interest Projects (1970-1998)
Interstate Construction
Interstate Discretionary
Local Technical Assistance Program (LTAP) [formerly: Rural Technical Assistance Program (RTAP)]
Railroad-Highway Crossings Demonstration Program (19 Cities)
State Flexibility
Timber Bridge Research and Demonstration

PART III

OTHER PROGRAM CHARACTERISTICS

TITLE

100% Federal Share for Safety ("G" Matching Ratio)
Advance Construction
Bicycle Transportation and Pedestrian Walkways
Bond Issue Projects
Credit for Toll Expenditures
Disadvantaged Business Enterprises
Disadvantaged Business Enterprise Supportive Services (DBE/SS)
Interstate System Reconstruction and Rehabilitation Pilot Program
On-The-Job Training
On-The-Job Training Supportive Services
Sliding Scale Rates
State Infrastructure Banks (SIB) Pilot Program (1998)
State Infrastructure Banks (SIB) Pilot Program (1995)
Strategic Highway Research Program (SHRP)

PART IV

INACTIVE PROGRAMS AND PROJECTS

TITLE

90 Percent of Payment Adjustments
Access Highways to Public Recreation Areas on Certain Lakes
Alaskan Assistance
Bicycle Grants
Bikeway Demonstration
Bridge Replacement (Special)
Bridges on Federal Dams
Combined Road Plan
Commercial Driver's License
Consolidated Primary
Donor State Bonus
Elimination of Roadside Obstacles
Energy Impacted Roads
Funding Restoration
Great River Road
Hazard Elimination
High Hazard Locations
High Hazard Locations/Elimination of Roadside Obstacles
Highways Crossing Federal Projects
Hold Harmless
Innovative Technologies (Federal Share Increase)
Interstate 1/2 Percent Minimum Apportionment
Interstate 4R
Interstate Gap Closing
Interstate Reimbursement
Junkyard Control
Long-Term Monitoring (LTM)
Minimum Allocation -- 90 Percent
National High-Speed Ground Transportation Technology Demonstration Program
National Highway System High Priority Corridor Feasibility Study Discretionary Program
National Magnetic Levitation (MAGLEV) Prototype Development Program
National Ridesharing Demonstration Program
National Ridesharing Discretionary Program
Non-Urbanized Public Transportation
Off-System Roads
Pavement Marking Demonstration Program
Priority Primary
Priority Primary Discretionary
Rail Crossings Demonstration (Northeast Corridor)
Rail-Highway Crossings 203 Program
Rail-Highway Crossings--Off-System
Research and Development Administrative Funds
Right-of-Way Revolving Fund
Rural Primary
Rural Secondary
Rural Highway Public Transportation Demonstration
Safer Off-System (SOS) Roads
Safer Roads Demonstration
Safety Belts and Motorcycle Helmets
Secondary
Special Urban High Density
Temporary Matching Fund Waiver (FY's 1992-1993)
Temporary Matching Fund Waiver (FY's 1983-1984)
Traffic Control Signalization Demonstration
Traffic Operations Program to Increase Capacity and Safety (TOPICS)
Transition Quarter
Transportation Systems Management Demonstration
Urban System
Urban Extensions

TABLE OF CONTENTS (by Appropriation Code)

To print individual Information Sheets:

This document provides information on Federal-aid highway funding for various programs and projects. It is not intended to represent official policy or guidance. It is suggested that the reader contact the program offices listed with each entry for the latest official policy or guidance.

Electronic version of Publication No. FHWA-IF-99-006

A Guide To Federal-Aid Programs And Projects

INTRODUCTION

Federal-aid highway funds are authorized by Congress to assist the States in providing for construction, reconstruction, and improvement of highways and bridges on eligible Federal-aid highway routes and for other special purpose programs and projects. The Interstate System is a component of the NHS. Through the Federal Lands Highway Program, funding is provided for improving access to and within National Forests, National Parks, Indian Lands and other public lands.

The principal statutes establishing the Federal-aid highway program are found in Title 23, United States Code (23 U.S.C.). Regulatory requirements are generally found in Title 23, Highways, of the Code of Federal Regulations (23 CFR).

This guide provides basic information about the Federal-aid programs, projects, and other program characteristics. Much of the information provided in this guide was included in the FHWA's 1992 publication entitled "A Guide to Federal-Aid Programs, Projects, and Other Uses of Highway Funds." This publication updates information from the past document and includes information resulting from the latest multi-year Federal-aid authorizing legislative act, the Transportation Equity Act of the 21st Century (TEA-21, Public Law 105-178).

PURPOSE OF GUIDE

The guide is intended to provide basic information for FHWA and State staff persons involved in the administration of the Federal-aid highway program. It is not intended to be an eligibility guide, but contains basic descriptions of the core programs and historical information on others.

This guide should be of interest to FHWA, State highway agency, local government, and private sector personnel interested in a basic understanding of Federal-aid programs, projects, or other program characteristics. In addition to basic information, sources of additional information are provided.

DEFINITIONS USED IN THIS GUIDE

The following terms are defined as used in this guide:

Term Definition
"program" - The term is used in several ways. It sometimes means the Federal-Aid Highway Program, which is an umbrella term generally referring to all activities funded through the FHWA and administered by the States' highway or transportation agencies or, in some cases, by local transportation agencies. As most commonly used in this guide, it means one of the many components or categories that make up the overall Federal-Aid Highway Program, or activities with limited applicability. Programs are separately funded by Congress. They may be system related (e.g., National Highway System, Surface Transportation Program), or they may exist for special purposes (e.g., Congestion Mitigation and Air Quality Improvement Program, Highway Bridge Replacement and Rehabilitation Program).
"project" - The term means an undertaking to construct, reconstruct, or improve a particular portion of a highway. As used in this guide, projects are generally specifically designated by Congress (e.g., High Priority Projects).
"program characteristics" - The term refers to activities or funding techniques. These activities are applied as part of a project or program. Funds are not always specifically earmarked for these activities; rather, program or project funds may be used for the activities. Advance Construction and Bond Financing are examples of funding techniques.

HOW TO USE THIS REPORT

The guide contains information sheets on Federal-aid highway programs, projects, and other program characteristics. These sheets provide fiscal information, statutory and regulatory references, general eligibility and background information, and program office contacts.

Information is provided for most Federal-aid highway activities that have current appropriation codes. To correlate appropriation codes to Federal-aid highway activities, a listing has been provided in the Table of Contents.

The guide contains four parts:

Part I - Current Programs and Projects

This part covers programs and projects authorized by the TEA-21. This includes core programs such as the National Highway System, Interstate Maintenance, Bridge, Surface Transportation Program and Congestion Mitigation and Air Quality Improvement.

Part II - Other Active Programs and Projects

This part covers programs and projects authorized by legislation prior to 1998 which remain active due to significant funding still being available at the time this document was published. However, some will only remain active until remaining available funds are utilized or lapse.

Part III - Other Program Characteristics

This part covers activities that may be funded as part of a project or program. Funds are not specifically earmarked to carry out these activities; rather, program or project funds may be used for these purposes.

Part IV - Inactive Programs and Projects

This part covers inactive programs, projects, and program characteristics that have existed in recent time. Although no longer active, some of these were the bases for current programs and projects. Hence, being of possible historic interest, they are included in this guide.

This guide is available electronically on the FHWA home page (URL: http://www.fhwa.dot.gov).

Electronic version of Publication No. FHWA-IF-99-006 May 1999

PART I

CURRENT PROGRAMS
AND
PROJECTS

NATIONAL HIGHWAY SYSTEM (NHS)

STATUS: ACTIVE

APPROPRIATION CODES:
315 -- NHS-National Highway System
31A -- NHS-100 percent Federal Participation for Safety Improvements
31B -- NHS-Discretionary
31D -- NHS-Discretionary, 100 percent Federal Participation for Safety Improvements
31E -- NHS-Territories
0AC -- NHS-Advance Construction

FEDERAL PARTICIPATION: 80 percent. When NHS funds are used for Interstate projects (including projects to add high occupancy vehicle or auxiliary lanes, but not any other lanes), the Federal share may be 90 percent.

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Apportionment

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 103 and 23 U.S.C. 104(b)(1)

CFR REFERENCE: None

ELIGIBILITY: Funds apportioned to a State for the NHS may be obligated for:

BACKGROUND: The NHS as authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) was designated by law in Section 101(a) of the National Highway System Designation Act of 1995 (1995 NHSDA, Public Law 104-59).

The purpose of the NHS is to provide an interconnected system of principal arterial routes which serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel. As of January 1999, the NHS contained 161,653 miles of highways, including all Interstate routes, a large percentage of urban and rural principal arterials, the defense strategic highway network, and major strategic highway connectors.

The 1991 ISTEA authorized $21.0 billion to be appropriated out of the Highway Trust Fund for FYs 1992-1997. These funds were apportioned to the States based on a State's percentage share of apportionments for FYs 1987-1991.

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) authorized $28.5 billion for FYs 1998-2003 for this program. After deducting $36.4 million per fiscal year for the Territories and $18.8 million per fiscal year for the Alaska Highway, the remainder is apportioned:

Each State is to receive 1/2 percent as a minimum.

The TEA-21 provided that the maximum mileage of the NHS is 178,250 miles. It also provided authority for the Secretary to approve modifications to the NHS if the modification meets criteria in 23 U.S.C. and enhances the NHS.

ADDITIONAL INFORMATION: Contact the Office of Intermodal and Statewide Programs (HESP) and/or the Office of Program Administration (HIPA).

INTERSTATE MAINTENANCE (IM)

STATUS: ACTIVE

APPROPRIATION CODES:
Q01 -- Interstate Maintenance
Q41 -- Interstate Maintenance
Q44 -- Interstate Maintenance, 100 percent for Safety Improvements
0AB -- Interstate Maintenance, Advance Construction

FEDERAL PARTICIPATION: 90 percent

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Apportionment

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 104(b)(4) and 23 U.S.C. 119

CFR REFERENCE: None

ELIGIBILITY: Types of work eligible for IM funding include:

BACKGROUND: The Interstate Maintenance Program was established by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). It replaced the 3R portions of the I-4R Program, whereas the National Highway System (NHS) funding addressed the reconstruction (fourth "R") portion of the Interstate 4R Program. The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) expanded the IM program to include the fourth "R" - reconstruction.

The Interstate 3R program was established by the Federal-aid Highway Act of 1976 (Public Law 94-280). It provided for resurfacing, restoring and rehabilitating those lanes on the Interstate System which had been in use for more than 5 years and were not on toll roads. Authorizations were made for FYs 1978 and 1979.

Section 116 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) codified the Interstate 3R Program as 23 U.S.C. 119 and required the States to (a) develop an Interstate System maintenance program and (b) certify annually that they were maintaining the system in accordance with the program. Section 105 of the 1978 Act permitted the States to transfer their Interstate 3R funds to their primary account upon certification that the funds were in excess of Interstate 3R needs.

The Federal-aid Highway Act of 1981 (Public Law 97-134) expanded the Interstate 3R program to a 4R program with the addition of reconstruction as an eligible item. Work eligible for I-4R funding included restoration, rehabilitation, resurfacing, and reconstruction for (a) activities included in the 1981 Interstate Cost Estimate but no longer eligible for Interstate construction funding, and (b) other work on the Interstate System not previously eligible for Interstate construction funding. Maintenance work that was not previously eligible under the 3R Program was still excluded. I-4R funds were generally not eligible for use on Interstate toll roads, but could be used on Interstate toll roads in use for more than 5 years if an agreement was reached between the State and the Secretary that (a) the toll road would become free upon the collection of enough tolls to pay for the road, and (b) the State would maintain it during the time tolls were collected. Interstate 4R funds were also made eligible for all Interstate routes designated under 23 U.S.C. 103 and 139(c), rather than just those in use for more than 5 years as specified in the 1976 Act.

Section 218 of the Urgent Supplemental Appropriations Act of 1982 (Public Law 97 216) provided an alternative for the use of certain Interstate construction funds that were in danger of lapsing. It allowed the Secretary to approve the use of Interstate construction funds on projects for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System in accordance with the provisions of 23 U.S.C. 119, or for those purposes for which funds apportioned for the primary, secondary, and urban systems might be expended, in a State that had received no more than 1/2 percent of the total Interstate apportionment for FY 1983, where necessary in order to fully utilize Interstate System funds apportioned through FY 1982.

Federal participation for this program was changed by various legislative actions. The Federal share was 90 percent prior to November 6, 1978; 75 percent from November 6, 1978 to December 28, 1981; and 90 percent from December 29, 1981, to the present.

The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) provided for the I-4R Discretionary program which is mentioned in the Interstate Maintenance Discretionary (IMD) section of this publication.

The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) reduced the availability period for I-4R funds from 4 years to 3 years (i.e., the FY for which funds were authorized, 1 year before, and 1 year after). Section 116 of the 1987 STURAA (a) permitted all States, except Massachusetts, to transfer their Interstate construction apportionment to their I-4R or primary apportionments, (b) permitted a State to transfer up to 20 percent of its I-4R apportionment to the primary apportionment in any fiscal year without showing that the funds were in excess of I-4R needs, and (c) codified toll agreement language in 23 U.S.C. 119.

The 1991 ISTEA established the IM Program which replaced the 3R portions of the superseded I-4R Program. The NHS funding was intended to address the fourth "R".

The 1991 ISTEA modified 23 U.S.C. 104(b)(5)(B) to provide a new apportionment formula utilizing the same lane-mile (55 percent) and vehicular miles of travel (45 percent) factors, but including computations for Interstate routes designated under 23 U.S.C. 103 and 139(c), and for Interstate routes designated under 23 U.S.C. 139(a) before March 9, 1984. Each State was guaranteed at least 1/2 percent of the total IM funds apportioned annually. It also amended 23 U.S.C. 119(a) to permit the Secretary to approve IM funded projects for resurfacing, restoring, and rehabilitating routes on the Interstate System designated under 23 U.S.C. 103 and 139(c), and routes designated prior to March 9, 1984, under 23 U.S.C. 139(a) and (b).

The 1991 ISTEA also amended 23 U.S.C. 119(e) to allow IM funding for preventive maintenance activities when a State can demonstrate through its pavement management system that such work would cost-effectively extend the Interstate pavement life. It further modified 23 U.S.C. 119(f) to allow a State to unconditionally transfer up to 20 percent of its IM apportionment to its NHS or Surface Transportation Program. Amounts in excess of 20 percent may also be transferred if a State (a) certified that the sums to be transferred were in excess of its needs for Interstate 3R work, and (b) certified that it was adequately maintaining the Interstate System.

The TEA-21 expanded the IM program to include reconstruction which allows IM funding to be used for new interchanges, new rest areas, additional noise walls, etc. The TEA-21 also extended IM fund usage to the following routes:

The TEA-21 also authorized $23.8 billion for FYs 1998-2003 for the IM program. After deducting $50 million in FY 1998 and $100 million in each of FYs 1999-2003 for the Interstate Maintenance Discretionary Program, the remainder is apportioned:

Prior to the TEA-21, IM fund eligibility was limited to 3R work (resurfacing, restoration and rehabilitation) plus reconstruction of bridges, interchanges and overpasses along existing Interstate routes, including acquisition of right-of-way where necessary, but eligibility did not include the construction of new travel lanes other than high occupancy vehicle (HOV) lanes or auxiliary lanes.

Section 1107(a) of the TEA-21 modified 23 U.S.C. 119 and expanded IM eligibility to include reconstruction, the fourth "R". As a result the construction of new interchanges and overpasses and the addition of new features, like rest areas, additional noise walls and etc., are now eligible for IM funding. The TEA-21 retained in 23 U.S.C. 119(d) the prohibition against funding added capacity. Therefore, the construction of new travel lanes other than HOV lanes or auxiliary lanes continue to be ineligible for IM funding.

The TEA-21 repealed provisions of 23 USC 119 dealing with preventive maintenance. However, preventive maintenance activities for all features of an Interstate highway are eligible for IM funding under the general eligibility provisions for preventive maintenance established in 23 U.S.C. 116(d).

The Uniform Transferability provisions of TEA-21, Section 1310, permit the transfer of no more than 50 percent of a State s IM apportionment without the certification required in ISTEA.

ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).

INTERSTATE MAINTENANCE DISCRETIONARY (IMD)

STATUS: ACTIVE

APPROPRIATION CODES:
056 -- Prior to the 1991 ISTEA
31B -- Subsequent to the 1991 ISTEA
31D -- Subsequent to the 1991 ISTEA, 100 percent for Safety Improvements
Q02 -- Subsequent to the 1998 TEA-21

FEDERAL PARTICIPATION: 90 percent

PERIOD AVAILABLE: Until expended

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 118

CFR REFERENCE: None

ELIGIBILITY: IMD funds may be allocated to the States for resurfacing, restoring, rehabilitating, and reconstructing most existing routes or portions thereof on the Interstate System, including providing additional Interstate capacity.

BACKGROUND: The IMD Program continues the I-4R Discretionary Program which was established by Section 115(a) of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424). Funds for the initial I-4R Discretionary Program were derived from lapsed I-4R apportionments and were available to States that (a) had obligated all their I-4R apportionments, except for amounts too small to pay for a project submitted for approval, and (b) were willing and able to obligate the funds within 1 year of the date they were made available, apply them to a ready to commence project, and, for construction work, begin work within 90 days of obligation.

Section 114 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) provided for a $200 million per year set-aside for each of FYs 1988-1992 from the I-4R authorization for continuation of the I-4R Discretionary Program and provided criteria/factors to be used in distributing the discretionary funds.

Section 1020 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) provided funds for the continuation of the I-4R Discretionary Program. These funds were set-asides from the National Highway System funds.

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) continued this program by authorizing set-asides from the IM funds of $50 million in FY 1998 and $100 million in each of FYs 1999-2003. These funds are provided for resurfacing, restoration, rehabilitation and reconstruction of any route or portion thereof on the Interstate System (other than a route designated under 23 U.S.C. 139 as in effect before the enactment of TEA-21 and any toll road on the Interstate not subject to a Secretarial agreement under 23 U.S.C. 119(e) as in effect on December 17, 1991.

The funds could be used by any State that had:

ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).

SURFACE TRANSPORTATION PROGRAM (STP)

STATUS: ACTIVE

APPROPRIATION CODES:
3AA -- STP-Other Than 200,000 Population
3AC -- STP-Areas Under 200,000 Population, 100 percent Federal Participation
3AD -- STP-1/4 percent Skill Training
3AE -- STP-TMFW Rail-Highway Crossings/Protective Devices
3AF -- STP-TMFW Rail-Highway Crossings/Hazard Elimination
3AG -- STP-TMFW-1/16 percent NHI Skill Training
3AH -- STP-TMFW Hazard Elimination Program
3AJ -- STP-TMFW 1/4 percent Skill Training
3AK -- STP-FTA Urbanized Areas >200,000 Population
3AL -- STP-FTA Optional Safety
3AM -- STP-FTA Transportation Enhancement
3AN -- STP-FTA State Flexible
3AP -- STP-FTA Mandatory Amount for Non-Urban Areas
3AR -- STP-FTA Rail-Highway Crossings, Protective Devices
3AT -- STP-FTA Rail-Highway Crossings, Elimination of Hazards
3AW -- STP-FTA Hazard Elimination Program
3AY -- STP-FTA Other Than 200,000 Population
33A -- STP-Optional Safety
33B -- STP-Transportation Enhancement
33C -- STP-Urbanized Areas With Populations >200,000
33D -- STP-State Flexible
33E -- STP-Mandatory Amount for Non-Urban Areas
33F -- STP-1/16 percent Skill Training (23 U.S.C. 321(b), NHI)
33M -- STP-Rail-Highway Crossings, Protective Devices
33N -- STP-Rail-Highway Crossings, Elimination of Hazards
33P -- STP-Hazard Elimination Program
33Q -- STP-Optional Safety, 100 percent
33R -- STP-Transportation Enhancement, 100 percent for Safety
33S -- STP-Urbanized Areas With Populations >200,000, 100 percent for Safety
33T -- STP-State Flexible, 100 percent for Safety
33W -- STP-Mandatory Amount for Non-Urban Areas, 100 percent for Safety
33X -- STP-Rail-Highway Crossings, Protective Devices, 100 percent for Safety
33Y -- STP-Rail-Highway Crossings, Elimination of Hazards, 100 percent for Safety
33Z -- STP-Hazard Elimination Program, 100 percent for Safety

FEDERAL PARTICIPATION: 80 percent. When STP funds are used for Interstate projects (including projects to add high occupancy vehicle or auxiliary lanes, but not any other lanes), the Federal share may be 90 percent.

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Apportionment

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 133, 23 U.S.C. 104(b)(3)

CFR REFERENCE: None

ELIGIBILITY: Funds apportioned to a State for the STP may be obligated for:

BACKGROUND: The STP was established by Section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) which added Section 133 to Title 23, United States Code. The 1991 ISTEA authorized $23.9 billion to be appropriated out of the Highway Trust Fund for the 6-years FYs 1992-1997. These funds were apportioned to the States based on a State s percentage share of apportionments for FYs 1987-1991.

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178), enacted on June 9, 1998, authorized from the Highway Trust Fund $4.8 billion for FY 1998, $5.5 billion for FY 1999, $5.6 billion for FY 2000, $5.7 billion for FY 2001, $5.8 billion for FY 2002, and $5.9 billion for FY 2003 for the STP. The authorized amounts are subject to deductions of $500,000 each year for Operation Lifesaver, and $5,250,000 each year for elimination of hazards at railway-highway crossings in high speed rail corridors.

The TEA-21 also provided a formula for apportionment of STP funds to the States as follows:

Each State is to receive a minimum of 1/2 percent of the funds apportioned. In addition, a portion of a State s Minimum Guarantee program funds is added to its STP apportionment.

Each State s apportioned STP funds are suballocated in the following manner:

ADDITIONAL INFORMATION: Contact the Office of Metropolitan Planning and Programs (HEMP) or the Office of Program Administration (HIPA).

STP FUNDS SUBALLOCATED TO URBANIZED AREAS WITH OVER 200,000 POPULATION

STATUS: ACTIVE

APPROPRIATION CODES:
3AK -- STP-Flexed to FTA Urbanized Areas >200,000 Population
33C -- STP-Urbanized Areas With Populations >200,000
33S -- STP-Urbanized Areas With Populations >200,000, 100 percent for Safety

FEDERAL PARTICIPATION: Same as STP

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Except for Alaska and Hawaii, 50 percent of the Surface Transportation Program (STP) funds (62.5 percent of the remaining 80 percent after the 10 percent set-a-sides for the safety improvement and transportation enhancement programs) apportioned to a State is divided between urbanized areas over 200,000 and the remaining areas of the State in proportion to their relative share of the State s population. Funds for urbanized areas over 200,000 population are further suballocated to such areas based on each area s share of population in areas over 200,000 population in the State.

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 133(d)(3) and 133(f)

CFR REFERENCE: None

ELIGIBILITY: STP funds suballocated for urbanized areas with over 200,000 population may be used for any of the eligible STP purposes set forth in 23 U.S.C. 133(b).

BACKGROUND: The STP was established by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991. It is codified in 23 U.S.C. 133. STP funds may generally be used by the States and localities for any roads, including National Highway System (NHS) roads, that are not functionally classified as local or rural minor collectors. These roads are collectively referred to as Federal-aid highways.

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) continued the suballocation of STP funds to urbanized areas of more than 200,000 population.

It is required in 23 U.S.C. 133(d)(3) that:

ADDITIONAL INFORMATION: Contact the Office of Metropolitan Planning and Programs (HEMP) or the Office of Program Administration (HIPA).

STP SET-ASIDE FOR SAFETY IMPROVEMENTS

STATUS: ACTIVE

APPROPRIATION CODES:
QB2 -- STP-FTA Optional Safety
QB7 -- STP-FTA Rail-Highway Crossings, Protective Devices
QB8 -- STP-FTA Rail-Highway Crossings, Elimination of Hazards
QB9 -- STP-FTA Hazard Elimination Program
Q21 -- STP-Optional Safety
Q26 -- STP-Rail-Highway Crossings, Protective Devices
Q27 -- STP-Rail-Highway Crossings, Elimination of Hazards
Q28 -- STP-Hazard Elimination Program
Q33 -- STP-Optional Safety, 100 percent
Q38 -- STP-Rail-Highway Crossings, Protective Devices, 100 percent for Safety
Q39 -- STP-Rail-Highway Crossings, Elimination of Hazards, 100 percent for Safety
Q43 -- STP-Hazard Elimination Program, 100 percent for Safety

FEDERAL PARTICIPATION: The Federal share of Surface Transportation Program (STP) funds set-aside for safety can be determined under either of the following two approaches:

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Earmarked 10 percent of STP apportionments.

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 133(d)(1)

CFR REFERENCE: None

ELIGIBILITY: STP funds set aside for safety may be used on any public road for any of the activities set forth in 23 U.S.C. 130 and 152 (rail-highway crossings and hazard elimination activities, respectively).

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) amended 23 U.S.C. 152 to allow funding of safety improvements at public transportation facilities and public pedestrian and bicycle pathways and trails.

BACKGROUND: The Surface Transportation Program (STP) was established by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). It is codified in 23 U.S.C. 133. It is required in 23 U.S.C. 133(d)(1) that 10 percent of the STP funds apportioned to a State each fiscal year must be used for carrying out the provisions of 23 U.S.C. 130 and 152 (rail-highway crossings and hazard elimination activities, respectively).

Of the 10 percent of STP funds earmarked for safety, amounts must be reserved separately in each State for rail-highway crossing activities and for hazard elimination activities that are at least as much as were apportioned for those purposes in FY 1991. Any additional funds remaining in a State after those reservations may be used for either rail-highway or hazard elimination activities. If enough funds are not available in a State for the above reservations, the two categories are reduced proportionately.

TEA-21 continued the set-aside for safety improvements.

ADDITIONAL INFORMATION: Contact the Office of Highway Safety Infrastructure (HMHS) or the Office of Program Administration (HIPA).

STP SET ASIDE FOR TRANSPORTATION ENHANCEMENTS

STATUS: ACTIVE

APPROPRIATION CODES:
3AM -- STP-FTA Transportation Enhancement
33B -- STP-Transportation Enhancement
33R -- STP-Transportation Enhancement, 100 percent for Safety

FEDERAL PARTICIPATION: Same as STP

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Earmarked 10 percent of STP Apportionments

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 133(d)(2)

CFR REFERENCE: None

ELIGIBILITY: The Surface Transportation Program (STP) transportation enhancement funds may be used for any of the following activities:

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) amended the cost sharing requirements for transportation enhancements activities to provide for:

BACKGROUND: The STP was established by the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) on December 18, 1991. In accordance with 23 U.S.C. 133(d)(2), 10 percent of the STP funds apportioned to a State each fiscal year may only be used for transportation enhancement activities.

Section 1201 of the TEA-21 amended 23 U.S.C. 101(a) to change the definition of "transportation enhancement activities." Transportation enhancement activities, with respect to any Federal-aid project or the area to be served by the project, are those activities (and only those activities) described above in the "Eligibility" section.

ADDITIONAL INFORMATION: Contact the Office of Human Environment (HEHE).

HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM (HBRRP)

STATUS: ACTIVE

APPROPRIATION CODES:
114 -- HBRRP-Apportioned, Optional 20 percent On/Off F-A Highways
117 -- HBRRP-Apportioned, Mandatory 15 percent Off F-A Highways
118 -- HBRRP-Apportioned, Mandatory 65 percent On F-A Highways

FEDERAL PARTICIPATION: 80 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Apportionment

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 144

CFR REFERENCE: 23 CFR 650D

ELIGIBILITY: HBRRP funds may be used for:

Deficient highway bridges eligible for replacement or rehabilitation must be over waterways, other topographical barriers, other highways, or railroads. They must, however, as determined by the State and the Secretary of Transportation, be significantly important and unsafe because of structural deficiencies, physical deterioration, or functional obsolescence.

BACKGROUND: Section 204 of the Federal-aid Highway Act of 1970 (Public Law 91-605) established a "Special Bridge Replacement Program" which was codified in 23 U.S.C. 144. Projects under this program had to be on a Federal-aid highway system.

Section 124 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) retitled and amended 23 U.S.C. 144 to provide a "Highway Bridge Replacement and Rehabilitation Program (HBRRP)" that was applicable to bridges both on and off the Federal-aid highway system (i.e., on and off-system bridges). It was stipulated that not less than 15 percent of the State's apportionments for FYs 1979-1982, nor more than 35 percent were to be spent off-system. The optional 20 percent of these funds, the portion between 15-35 percent, could be spent either for on-system or off-system bridge replacement or rehabilitation.

The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) continued the HBRRP with the same 15-20-65 percent spending requirements and provided authorizations through FY 1986.

The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) (a) continued the 15-20-65 percent spending requirements, (b) allowed States, beginning with the FY 1987 apportionments, to use bridge funds to replace ferryboat operations in existence on January 1, 1984, to replace bridges destroyed before 1965, for low-water crossings, and for bridges made obsolete by COE flood control or channelization projects and not rebuilt with COE funds, (c) provided States that carry out bridge improvement projects with State funding on noncontroversial off-system bridges eligible for HBRRP funding to apply 80 percent of the cost of such projects expended after April 2, 1987, as a credit for the non-Federal share of other HBRRP projects carried out by the State, and (d) made the availability period for apportioned bridge funds the fiscal year plus 3 years with lapsed funds to be reapportioned to the other States.

The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) continued the HBRRP. The formula and requirements of the program were basically unchanged from previous years.

The 1991 ISTEA also contained the following provisions:

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) authorized $20.4 billion for FYs 1998-2003 for the HBRRP. It also continued the HBRRP discretionary program component and authorized the set-aside of $100 million for each of FYs 1999-2003 for discretionary allocation by the Secretary for major bridges with the provision that not to exceed $25 million would be available only for seismic retrofit of bridges, including projects in the New Madrid fault region. It also authorized set-aside of $25 million for FY 1998 for seismic retrofit of the Golden Gate bridge.

TEA-21 changed the HBRRP eligible work activities to include: sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions or installing scour countermeasures. Also, the IRR and timber bridge set-asides were eliminated.

ADDITIONAL INFORMATION: Contact the Office of Bridge Technology (HIBT).

INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION

STATUS: ACTIVE

APPROPRIATION CODES: QT9

FEDERAL PARTICIPATION: Up to 100 percent

PERIOD AVAILABLE: Until expended

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocations, Cooperative Agreements and Contracts

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 USC 503(b) added by Section 5103 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178)

CFR REFERENCE: None

ELIGIBILITY: The program is to provide for the demonstration of innovative material technology application in the construction of bridges and other structures. The program has seven goals and emphasizes new materials to reduce maintenance and life-cycle costs.

The research portion of the program allows for grants to States, other Federal agencies, universities and colleges, private sector entities, and non-profit organizations to pay the Federal share of the cost of research and development, and technology transfer concerning innovative materials.

Under the construction portion, the program allows for cooperative agreements and contracts with the States to pay for the Federal share of the cost of bridge repair, rehabilitation, replacement, and new construction to demonstrate the application of innovative materials. The FHWA annually solicits candidates from State highway agencies. An FHWA panel determines whether candidate projects meet TEA-21 goals. Bridges on all public roads, including State and locally funded projects, are eligible. Additionally, funds may be used for preliminary engineering and the costs of evaluation of the innovative material performance over a reasonable time period.

BACKGROUND: Section 5001 (c)(2)(A) of the TEA-21, set aside $1 million for each of FYs 1998-2003 for the research portion of the Innovative Bridge Research and Construction Program. Section 5001 (c)(2)(B) authorized to be appropriated $10 million for FY 1998, $15 million for FY 1999, $17 million for FY 2000, and $20 million for FYs 2001-2003 for the construction portion of the Innovative Bridge Research and Construction Program.

ADDITIONAL INFORMATION: Contact the FHWA Office of Bridge Technology (HIBT).

BRIDGE DISCRETIONARY PROGRAM

STATUS: ACTIVE

APPROPRIATION CODES:
119 -- Discretionary, On Federal-Aid Highways

FEDERAL PARTICIPATION: 80 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 144

CFR REFERENCE: 23 CFR 650G

ELIGIBILITY: Highway Bridge Replacement and Rehabilitation Program (HBRRP) funds set aside for the Bridge Discretionary Program may be obligated, at the discretion of the Secretary of Transportation, only for the replacement or rehabilitation of bridges which cost more than $10 million each, or at least twice the amount of HBRRP funds apportioned to the State in which the bridge is located. Through regulation, discretionary bridge projects must be on a Federal-aid highway.

BACKGROUND: Section 124 of the Surface Transportation Assistance Act of 1978 (1978 STAA, Public Law 95-599) established the HBRRP that was applicable to bridges both on and off the Federal-aid highway system (i.e., on and off-system bridges). It also required that $200 million be withheld from the HBRRP apportionment for each of FYs 1979-1982 to be used by the Secretary as a discretionary fund to replace or rehabilitate bridges which cost more than $10 million each, or twice the State's apportionment.

The Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) continued this program with the same spending requirements and provided authorizations through FY 1986. It also provided a formalized process (i.e., a ranking factor formula) for selecting discretionary bridge projects for funding. Regulations in this regard were promulgated and published in 23 CFR 650, Subpart G. Through regulation, discretionary bridge projects must be on a Federal-aid highway.

The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) continued the HBRRP and increased the discretionary set-aside to $225 million for each of FYs 1987-1991.

The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) continued the Bridge Discretionary Program with a new timber bridge component. Section 1028 (d) of the 1991 ISTEA amended 23 U.S.C. 144(g)(1) and authorized $400 million to be set-aside over a 6-year period from the HBRRP.

Of the above discretionary amounts, Section 1039 of the 1991 ISTEA required that $8 million in FY 1992 and $8.5 million in each of FYs 1993-1997 be made available for the construction of highway timber bridges on all public roads. Of these amounts, $1 million in each of FYs 1992-1997 was available for timber bridge research grants, and for technology and information transfer, and $7 million was available in FY 1992 and $7.5 million was available in each of FYs 1993-1997 for construction grants related to timber bridges.

The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) authorized $25 million in FY 1998 for the seismic retrofit of the Golden Gate Bridge. It also authorized $100 million for FYs 1999-2003 for the discretionary bridge program, provided that not to exceed $25 million would be available only for seismic retrofit of bridges, including those in the New Madrid fault region. It did not authorize timber bridges.

ADDITIONAL INFORMATION: Contact the Office of Bridge Technology (HIBT).

NATIONAL HISTORIC COVERED BRIDGE PRESERVATION

STATUS: ACTIVE (If future appropriations are provided.)

APPROPRIATION CODES:

FEDERAL PARTICIPATION: 80 percent

PERIOD AVAILABLE: Until expended

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Appropriated Budget

SUBJECT TO OBLIGATION LIMITATION: No

STATUTORY REFERENCE: Sec. 1224 of the TEA-21, as amended

CFR REFERENCE: None

ELIGIBILITY: Projects are to provide for rehabilitation or repair of a historic covered bridge (listed or eligible for listing on the National Register of Historic Places); and for preservation of an historic covered bridge by installation of a fire protection system, including a fireproofing or fire detection and sprinklers. Projects may also include installation of a system to prevent vandalism and arson, or relocation of a bridge to a preservation site.

Additionally, funds may be used to collect and disseminate information concerning historic covered bridges, to foster educational programs relating to the history and construction techniques of such structures, conduct research on their history, and conduct research and study techniques on protecting them from rot, fire, natural disaster or weight-related damage.

Projects must be carried out in the most historically appropriate manner and preserve the existing structure. Projects must also provide for replacement of wooden components with wooden components unless the use of wood is impractical for safety reasons.

BACKGROUND: Section 1224 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178), as amended, authorized to be appropriated $10 million for each of FYs 1999-2003 for a National Historic Covered Bridge Preservation Program. Funding will only be available if future appropriations are made by Congress under the budget authority established for this program by TEA-21.

ADDITIONAL INFORMATION: Contact the Office of Bridge Technology (HIBT).

BRIDGES ON INDIAN RESERVATION ROADS (IRR)

STATUS: ACTIVE Continuing only until funds apportioned in FY 1997 and previous fiscal years are obligated, transferred back to States or lapsed. This set-aside was eliminated under the TEA 21 Restoration Act. This set-aside was replaced by a Nationwide Priority Program for Improving Deficient Indian Reservation Road Bridges under Section 1115 of TEA-21 funded by a set-aside from the Indian Reservation Roads Program (see the program with that title for details).

APPROPRIATION CODE:
11T, 11U, 11Z -- until pre-FY 1998 obligated

FEDERAL PARTICIPATION: 80 percent. Indian Reservation Road funds can be used to increase the Federal share to 100 percent.

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Set-aside from HBRRP apportionments are transferred to the Secretary of the Interior to carry out this program.

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 144(g)

CFR REFERENCE: None

ELIGIBILITY: Highway Bridge Replacement and Rehabilitation Program (HBRRP) funds set aside for Bridges on Indian Reservation Roads may be obligated for eligible projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on Indian reservation roads.

BACKGROUND: Section 1028(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, Public Law 102-240), contained new requirements concerning Indian reservation bridges. Prior to making apportionments for the HBRRP, not less than 1 percent of the amount apportioned to each State which has an Indian reservation within its boundaries must be transferred to the Secretary of the Interior each fiscal year to expend for eligible projects on Indian reservation roads. In addition to bridges under the jurisdiction of the Department of the Interior's Bureau of Indian Affairs (BIA), there are also State, local, and other federally owned bridges on Indian reservation roads on which the funds may be used.

Candidate bridges for which States may want to use a portion of the one percent funding are submitted to the BIA. These bridges must meet the HBRRP eligibility criteria set forth in 23 U.S.C. 144. The projects to be funded are selected by the BIA and should represent an equitable distribution of the transferred funds.

Indian Reservation Road funds made available under Section 1003 of the 1991 ISTEA may be used to increase the Federal share on eligible bridge projects from 80 percent to 100 percent.

Section 9002 eliminated the 1 percent HBRRP set-aside for IRR bridges. However, Section 1115 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) established a new nationwide priority program for improving Indian Reservation Road bridges and codified it under 23 U.S.C. 202 of the Federal Lands Highways program.

ADDITIONAL INFORMATION: Contact the Office of Program Development (HFPD) or the Office of Bridge Technology (HIBT).

CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM (CMAQ)

STATUS: ACTIVE

APPROPRIATION CODES:
320 -- CMAQ
32A -- CMAQ, Federal share is 100 percent for carpool/vanpool projects, priority control systems for emergency vehicles and transit vehicles, and traffic control signalization
3AZ -- CMAQ-FTA
0AD -- CMAQ, Advance Construction

FEDERAL PARTICIPATION: 80 percent (90 percent if used on the Interstate System).

PERIOD AVAILABLE: FY + 3 Years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Apportionment

AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 149

CFR REFERENCE: None

ELIGIBILITY: Eligible projects/programs include:

BACKGROUND: The CMAQ was established by the Intermodal Surface Transportation Act of 1991 (1991 ISTEA, Public Law 102-240) and has been continued by the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) under 23 U.S.C. 149. The new TEA-21 CMAQ program is 35 percent larger than ISTEA s program with funding authorized at $8.1 billion over six years, FYs 1998-2003.

Under 23 U.S.C. 104(b)(2)(B), each State is apportioned funding based on county populations residing within ozone and carbon monoxide (CO) nonattainment and maintenance areas and the severity of the areas air quality problems. Extra weighting is given to nonattainment or maintenance areas with both ozone and CO problems. CO maintenance and nonattainment areas are also apportioned funding even if no ozone problems exist under TEA-21.

In addition, under the TEA-21 the eligibility of CMAQ is expanded to include public/private initiatives and allows States to fund projects that may include privately owned alternative fuel vehicles or vehicle fleets (CMAQ may be used to fund the costs of refueling infrastructure). In fact, the TEA-21 allows a metropolitan planning organization or State to enter into an agreement with any public, private, or nonprofitentity to cooperatively implement any project funded under the CMAQ program. If a State has no ozone or carbon monoxide nonattainment or maintenance areas, the funds may be used for Surface Transportation Program eligible or CMAQ eligible purposes. The TEA-21 allows States the option to transfer up to 50 percent of its increase in CMAQ funds compared to what it would have received if the CMAQ program were funded at $1.35 billion nationwide. The funds may be transferred to other Federal-aid programs, but can only be utilized for projects located within nonattainment and maintenance areas.

ADDITIONAL INFORMATION: Contact the Office of Natural Environment (HENE).

APPALACHIAN DEVELOPMENT HIGHWAY PROGRAM

STATUS: ACTIVE Funds provided to the Appalachian Regional Commission (ARC) for projects to complete the Appalachian Development Highway System (ADHS) are transferred to and administered by the FHWA. In addition, funds have been appropriated directly to the FHWA for the ADHS or for demonstration projects on the ADHS.

APPROPRIATION CODES:
54C, 638, 641, 795, Q98 - ARC funded Appalachian Development Highways
639, 642, 796 - ARC funded Local Access Roads
Q9A - TEA-21 funded Local Access Roads
Same as source funds for FHWA funded projects

FEDERAL PARTICIPATION: See below

PERIOD AVAILABLE: FY + 3 years for ARC funded projects. Until expended for Highway Trust Fund (HTF) authorized in TEA-21.

FUND: Agency Transfer (ARC to FHWA) for ARC funded projects. HTF or General Funds for FHWA funded projects.

FUND DISTRIBUTION METHOD: Apportionment FY 1999 and subsequent years, previously funds were allocated.

TYPE OF AUTHORITY: Appropriated Budget for ARC funded projects. Contract for FHWA funded projects.

SUBJECT TO OBLIGATION LIMITATION: No for ARC funded projects. Varies for FHWA funded projects.

STATUTORY REFERENCE: Section 201 of the Appalachian Regional Development Act of 1965

CFR REFERENCE: 23 CFR 633B

ELIGIBILITY: The ARC and FHWA funds may be used for the construction, reconstruction, or improvement of highways on the designated 3,025 mile ADHS.

BACKGROUND: The ADHS was created by the Appalachian Regional Development Act of 1965. Its purpose was to provide a system of development highways and access roads which would contribute to economic development opportunities in the Appalachian regions of 13 States -- Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia.

The original amount authorized for the ARC highway program in 1965 was $840 million for FYs 1965-1971. By the end of FY 1997, Congress had raised the total authorization, generally through annual ARC appropriations, to almost $5 billion.

The 1965 Act provided funding for the program in a manner similar to the regular Federal-aid highway program. The provisions of 23 U.S.C. 106(a) and 118 relating to the obligation, period of availability, and expenditure of Federal-aid highway funds applied. The ARC funded projects have been administered in accordance with Title 23. Currently, they are administered in the same manner as projects on the National Highway System (NHS).

During the initial years the Federal share for ARC funded projects was 50 percent, but it was later raised by legislation to 80 percent.

Various DOT appropriation acts, Section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17) and Sections 1105, 1106 and 1107 of Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) provided over $1.2 billion for designated highway demonstration projects on the ADHS. The Federal share for these demonstration projects varies from 80 to 100 percent. The funds are available until expended. Most of the funds are not subject to obligation limitation.

Section 5503 of the Omnibus Appropriations Act of 1997 (Public Law 104-208) made $30 million available for ADHS projects. The Federal share is 100 percent. The funds are subject to obligation limitation and are available until expended.

The Department of Transportation and Related Agencies Appropriations Act of 1998 (Public Law 105-66) provided an additional $300 million for the ADHS. The Federal share is 80 percent. The funds are not subject to obligation limitation and are available until expended.

Additionally, regular Federal-aid funds, including NHS and Surface Transportation Program funds, are available for projects on Federal-aid highways that also are on the ADHS system if appropriate criteria for use of the highway funds are met. The Federal share, obligation limitation and period of availability, are those appropriate for the funding source used.

The Transportation Equity Act for the 21st Century (TEA-21, P.L. 105-178) authorized $450 million out of the Highway Trust Fund for each of FYs 1999-2003 for the ADHS.

ADDITIONAL INFORMATION: Contact the Office of Program Administration (HIPA).

INDIAN RESERVATION ROADS (IRR)

STATUS: ACTIVE

APPROPRIATION CODES:
163 - Prior to FY 1998
411 - FY 1998 and subsequent years
412 - FY 1998 and subsequent years
825 - Prior to FY 1983.

FEDERAL PARTICIPATION: 100 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: FY 1999 allocation by administrative formula. Starting in FY 2000 a new relative need formula developed under a negotiated rule making with Indian tribal governments.

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 101, 202, 203 and 204

CFR REFERENCE: None

ELIGIBILITY: Indian Reservation Roads (IRR) funds may be used on eligible IRR as discussed below and defined in 23 U.S.C. 101 for the following purposes:

BACKGROUND: The IRR Program was established on May 26, 1928, by Public Law 520 (Codified at 25 U.S.C. 318(a)). The act authorized appropriations for survey, improvement, construction, and maintenance of IRR not otherwise eligible for Federal-aid highway funding. The partnership with the BIA and the FHWA began in 1930 when the Secretary of Agriculture was authorized to cooperate with the State highway agencies and the Department of the Interior (DOI) in the survey, construction, reconstruction, and maintenance of IRR serving Indian lands.

Between 1930 and 1982, Congress appropriated funds for IRR in the DOI appropriation acts. The Federal-aid Highway Act of 1936, Public Law 686, Section 6, required that FHWA approve the location, type, and design of all IRR bridges to be constructed using BIA funds. This requirement was also contained in Section 102 of the Federal-aid Highway Act of 1944, Public Law 521. The first BIA/FHWA Memorandum of Agreement was executed in 1948. In 1958, the laws related to highways were revised, codified, and reenacted as Title 23, U.S.C. by Public Law 85-767. The new title contained a definition of IRR and bridges and a section on IRR.

Section 126 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) established a coordinated Federal Lands Highways Program (FLHP) consisting of forest highways, public lands highways, parkways and park roads, and Indian reservation roads. The 1982 STAA changed the funding source from General Funds to the Highway Trust Fund. With this change, contract authority was established. The 1982 STAA also authorized $75 million for FY 1983 and $100 million for each of FYs 1984-1986 (Appropriation Code 163). On May 24, 1983, the BIA and the FHWA Memorandum of Agreement was executed to carry out 1982 STAA provisions.

The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) continued the FLHP with the same four funding categories. The 1987 STURAA authorized $80 million for each of FYs 1987-1991. Section 1032 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) also continued the FLHP, but reduced the funding categories from four to three by incorporating forest highways into public lands

highways. The Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) continued the FLHP, but increased the funding categories from three to four by adding a new program category for refuge roads.

The FHWA's Federal Lands Highway Office co-administers the IRR Program with the BIA. The FHWA and the BIA are assigned specific responsibilities in the construction of Indian reservation roads and bridges in 23 U.S.C. 204 and 25 U.S.C. 318(a). The BIA road system, about 25,000 miles in length, consists of public Indian reservation roads and bridges for which Federal-aid highway construction funds authorized by 23 U.S.C. 104 are generally not eligible (mainly local roads). In addition to the BIA road system, there are about 25,000 miles of State and local roads that provide access both to and within the reservations. The IRR funds can be used on these State and local roads as a supplement to (but not in lieu of) regular Federal-aid construction funds apportioned under 23 U.S.C. 104 or 23 U.S.C. 144.

A "Relative Needs" formula was used for FY 1999 to allocate IRR funds among the 12 BIA Area Offices. The formula was 20 percent population, 30 percent vehicle miles traveled (average daily traffic multiplied by mileage), 50 percent cost-to-improve (the cost it would take to bring the road up to a given standard). Funds are to be allocated in FY 2000 and beyond using a new relative need allocation formula developed under a negotiated rule making with Indian tribal governments.

The tribal governments develop and submit a priority list of projects to the BIA Area Office accompanied with the tribal government s letter of approval (resolution). The BIA and Tribal governments then develop a multi-year transportation improvement program (TIP) within available funding levels.

The IRR program must comply with the Buy Indian Act of 1916 and Section 7(b) of the Indian Self Determination and Education Assistance Act, Public Law 93-638 referenced under 23 U.S.C. 204(e). Both of these direct the employment of Indians on IRR funded projects. Also, the provisions of PL 93-638 (as amended) provides for tribes to apply to the Secretary of Interior to undertake IRR projects or portions of the IRR Program including contractible functions traditionally performed in the BIA Area Office, 23 U.S.C. 202(d)(3).

Up to 2 percent of the funds made available each fiscal year for IRR must be allocated to Indian tribal governments applying for transportation planning assistance pursuant to the provisions of the Indian Self-Determination and Education Assistance Act. The Indian tribal government, in cooperation with the BIA, and, as may be appropriate, with a State, local government, or metropolitan planning organization, must develop a TIP that includes all IRR projects proposed for funding. Projects must be selected by the Indian tribal government from the TIP and are subject to the approval of the BIA and FHWA. The planning of all regionally significant IRR projects will be part of the continuing, cooperative and comprehensive planing process used to develop the Transportation Improvement Program.

Section 9002(i)(3) of the TEA-21 Restoration Act (IRS Restructuring and Reform Act of 1998, Title IX, TEA-21 Restoration Act) deleted 23 U.S.C. 144(g)(4) set-aside of apportioned Highway Bridge Replacement and Rehabilitation Program funds and added a nationwide priority program for improving deficient IRR bridges using a set-aside of $13 million of IRR funds per year. All IRR bridges are to be inventoried and rated, and a priority set for replacement or rehabilitation of deficient bridges, 23 U.S.C. 144(c)(3).

Section 1115(b) of the TEA-21, codified as 23 U.S.C. 203, allows IRR funds to be obligated when engineering and related activities are approved for construction contracts prior to contract award after the plans, specifications, and estimates are approved.

The TEA-21, authorized $1.66 billion appropriated out of the Highway Trust Fund over a 6 year period and continued the IRR program and authorized $225 million for FY 1998 and $275 million for each of FYs 1999-2003.

Section 1115(b) of the TEA-21, codified as 23 U.S.C. 202(d)(2), require IRR program procedures be developed under a negotiated rule making with Indian tribal governments by April 1, 1999.

Section 1115(d) of the TEA-21, codified as 23 U.S.C. 204(a)(2) 23 U.S.C. 204(a)(6), added the requirement that Transportation planning procedures and bridge, congestion, pavement and safety management systems as appropriate be implemented by regulation.

23 U.S.C. 204(f) requires that all regulations and agreements dealing with IRR funding shall be jointly approved by the FHWA and the BIA.

Funds allocated for IRR may also be used for the purpose of funding road projects on roads of tribally controlled post secondary vocational institutions.

Section 1214(d) of the TEA-21 provides $1.5 million from the Highway Trust Fund for each FYs 1998-2003 for the maintenance of county maintained public roads serving as a school or Headstart bus route that are within, adjacent to, or provides access to the Navajo Indian Reservation. These funds are allocated equally to the States of Arizona, New Mexico and Utah.

ADDITIONAL INFORMATION: Contact the Federal Lands Highway Office of Program Development (HFPD).

NATIONWIDE PRIORITY PROGRAM FOR IMPROVING DEFICIENT INDIAN RESERVATION ROAD (IRR) BRIDGES

STATUS: ACTIVE Set-aside from the Indian Reservation Road funds

APPROPRIATION CODE: 412 -- FY 1998 and subsequent years

FEDERAL PARTICIPATION: 100 percent Federal share

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Set-aside from the Indian Reservation Road funds are transferred to the Secretary of the Interior to carry out this program.

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 202(d)(4)

CFR REFERENCE: None

ELIGIBILITY: IRR Bridge funds set aside for deficient Indian Reservation Road Bridge may be obligated for eligible projects to replace, rehabilitate, seismically retrofit, paint, or apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing composition, or install scour countermeasures for deficient highway bridges, including multiple pipe culverts located on Indian reservation roads.

To be eligible to receive funding a bridge must: a) have an opening of 20 feet or more, b) be on an Indian reservation road, c) be unsafe because of structural deficiencies, physical deterioration, or functional obsolescence, d) be recorded in the national bridge inventory. Funds to carry out IRR bridge projects shall be made available only on approval of plans, specifications and estimates by the Secretary.

BACKGROUND: Section 1115(b)(4)(C) of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178), contained requirements concerning Indian reservation bridges which was previously covered under Section 1028(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). Under ISTEA, funds for deficient IRR bridges were State specific and were set-aside from Highway Bridge Replacement and Rehabilitation Program. Under TEA-21, a nationwide priority program is established and does not restrict expenditures in a specific State, but funds can be spent on deficient IRR bridges regardless of the State in which the bridge is located. In addition to bridges under the jurisdiction of the Department of the Interior s Bureau of Indian Affairs (BIA), there are also State, local, and other federally owned bridges on Indian reservation roads on which the funds may be used. Also, the TEA-21 also authorized a set-aside of $13 million per fiscal year from Indian Reservation Road funds for this program. Project selection/fund allocation procedures for uniform application of the legislation is being developed.

ADDITIONAL INFORMATION: Contact the Federal Lands Highway Office of Program Development (HFPD).

PUBLIC LANDS HIGHWAYS - DISCRETIONARY AND FOREST HIGHWAYS

STATUS: ACTIVE Prior to the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) , Forest Highways(FH) and Public Lands Highways (PLH) were separate categories under the Federal Lands Highway Program (FLHP). The 1991 ISTEA combined the Forest Highways and PLH discretionary categories into one category. It provided for the combined PLH category to be administered under coordinated, but different procedures. The Transportation Equity Act for the 21st Century (TEA-21) continued the combined categories with no significant changes.

APPROPRIATION CODES:
151 -- FYs 1972-1983 (1st Qtr.) Apportioned FH Funds
153 -- Pre-FY 1983 PLH Discretionary Funds
181 -- FY 1983 Allocated FH Funds.
183 -- FYs 1983-1991 PLH Discretionary Funds
18E -- Public Lands, FY 1992 and Subsequent Years
18F -- PLH, FYs 1992 and Subsequent Years (FLH ONLY)
18G -- PLH, FYs 83 and Subsequent Years (23 USC 202(c)) (FLH ONLY)
191 -- FYs 1984-1991 Allocated FH Funds.
19A -- FY 1992 and Subsequent Years, Allocated PLH/FH Funds
413 -- PLH, FYs 1998 and Subsequent Years
414 -- PLH, FYs 1998 and Subsequent Years (23 USC 202(c)) (FLH ONLY)
415 -- FY 1998 and Subsequent Years, Allocated PLH/FH Funds

FEDERAL PARTICIPATION: 100 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 201, 202, 203 and 204

CFR REFERENCE: 23 CFR 660A

ELIGIBILITY: The PLH funds may be used on eligible PLH and FH roads as discussed below and defined in 23 U.S.C. 101 for the following purposes:

BACKGROUND:

FLHP

Section 126 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) established a coordinated FLHP consisting of forest highways, public lands highways, parkways and park roads, and Indian reservation roads. The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) continued the FLHP with the same four funding categories. Section 1032 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) also continued the FLHP, but reduced the funding categories from four to three by combining forest highways and discretionary public lands highways under public lands highways. The Transportation Equity Act for the 21st Century (1998 TEA-21, Public Law 105-178) continues the combined categories with no significant changes.

PLH - Discretionary

The PLH program was initially established by the Amendment Relative to Construction of Roads through Public Lands and Federal Reservations of 1930. The Federal-Aid Highway Act of 1970 changed the funding source for the program from the General Fund to the Highway Trust Fund, effective FY 1972. The program has been continued with each highway or transportation act since then. Applications for funding are solicited annually from the States.

Under 23 U.S.C. 204(b), the PLH funds are available for any kind of transportation project eligible for assistance under Title 23, United States Code, that is within, adjacent to, or provides access to the areas served by the public lands highway. A "public lands highway" as defined in 23 U.S.C. 101 is a forest road or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations that is under the jurisdiction of and maintained by a public authority and open to public travel.

PLH - Forest Highway

Congress created National Forests in 1891. The 1916 Federal-Aid Road Act provided funds for forest roads and trails serving National Forests. The Federal-Aid Highway Act of 1921 divided forest roads and trails into a) Forest Highway and b) Forest Development roads and trails. Forest highways are public roads that are owned by State or local agencies and serve the National Forest system. They should not be confused with forest development roads which are owned by the Forest Service. Forest highways are designated by FHWA's Federal Lands Highway Division Engineers in consultation with State department of transportation and local agencies and with the Forest Service.

A 1977 General Accounting Office (GAO) report directed the FHWA and the Forest Service to jointly assure that transportation needs of the National Forest system were adequately considered when projects were being selected. This resulted in an amendment to the FH definition in the Federal-Aid Highway Act of 1978, and also to the issuance of an amended 23 CFR 660A in 1982.

Section 126 of the 1982 STAA (Public Law 97-424) provided for allocating FH funds according to relative needs of the National Forest system instead of apportioning FH funds to the States.

Relative to PLH, Section 1032(a) of the 1991 ISTEA stipulated in amended 23 U.S.C. 202 that:

Although the 1991 ISTEA combined FH and PHL into 1 category, it provided for the combined Public Lands Highways category to be administered under coordinated, but different procedures. The first procedure was to follow the present PLH discretionary process. The second procedure was to follow the present FH allocation and program selection process. In both procedures, the State highway agency was to concur in the planning and selection of projects.

Section 1101 of the TEA-21 authorized over $1.4 billion to be appropriated out of the Highway Trust Fund over a 6-year period for PLH, broken down as follows:

  Total FH PLH Discretionary
FY 1998 $ 196 000,000 $ 129,360,000 $ 66,640,000
FY 1999-2003
(per each FY)		 $ 246,000,000 162,360,000 83,640,000

ADDITIONAL INFORMATION: Contact the Federal Lands Highway Office of Program Development (HFPD) for FH and/or the Office of Program Administration (HIPA) for the PLH Discretionary.

PARKWAYS AND PARK ROADS

STATUS: ACTIVE

APPROPRIATION CODES:
417 -- Park Roads and Parkways

FEDERAL PARTICIPATION: 100 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 101, 201, 202, 203, and 204

CFR REFERENCE: None

ELIGIBILITY: Parkways and Park Roads funds may be used on eligible roads as discussed below and defined in 23 U.S.C. 101 for the following purposes:

Allocations are based on each project ranking on a servicewide priority list developed by the National Park Service and approved by the FHWA.

BACKGROUND: The FHWA began providing technical and engineering assistance in the early 1920's to the National Park Service. A formal interagency agreement has been in existence since 1926 under which the FHWA provides all highway engineering assistance. Section 126 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424) established a coordinated Federal Lands Highways Program(FLHP) consisting of forest highways, public lands highways, parkways and park roads, and Indian reservation roads. The Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17) continued the FLHP with the same four funding categories. Section 1032 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) also continued the FLHP, but reduced the funding categories from four to three by incorporating forest highways into public lands highways.

Park roads are owned by the National Park Service. Parkways are authorized by Congress and owned by the National Park Service. The FHWA's Federal Lands Highway Office administers the Parkways and Park Roads Program in cooperation with the National Park Service (NPS). A memorandum of agreement was executed on May 19, 1983 in accordance with 23 U.S.C. 204(f).

Prior to the 1982 STAA, funds for park roads and parkway projects were made available through appropriations from the Department of the Interior (DOI), and to some extent the Department of Transportation (DOT). The 1982 STAA authorized $75 million for FY 1983 and $100 million for each of FYs 1984-1986 for parkways and park roads. The 1987 STURAA authorized $60 million for each of FYs 1987-1991 for parkways and park roads.

Section 1003 of the 1991 ISTEA authorized $69 million to be appropriated out of the Highway Trust Fund over a 6-year period for parkways and park roads for FY 1992, $83 million for each of FYs 1993-1995, and $84 million for each of FYs 1996-1997. Additional funding for specific parkways and park roads projects is sometimes provided in DOT and DOI appropriations acts. Also several specific projects received funding under Sections 1069, 1104, 1105, and 1107 of the 1991 ISTEA.

The ISTEA amended 23 U.S.C. 144(c) to require all park road bridges to be inventoried, rated, have priority set to rehabilitate or replace deficient bridges and determine associated costs.

The Transportation Equity Act for the 21st Century (TEA-21, P.L. 105-178) authorized $115 million for FY 1998 and $165 million for each of FYs 1999-2003 out of the Highway Trust Fund for park roads and parkways.

ADDITIONAL INFORMATION: Contact the Federal Lands Highway Office of Program Development (HFPD).

REFUGE ROADS

STATUS: ACTIVE

APPROPRIATION CODES: 419

FEDERAL PARTICIPATION: 100 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 201, 202, 203 and 204

CFR REFERENCE: None

ELIGIBILITY: Limited to payment of costs for maintenance and improvements of refuge roads; maintenance and improvements of adjacent vehicular parking areas, maintenance and improvements of provisions for bicycles and pedestrians including modification of existing public sidewalks to comply with the requirements of the Americans with Disabilities Act, and maintenance and improvements of rest areas located in or adjacent to wildlife refuges, and administrative costs associated with such maintenance and improvements.

Allocations are based on a long range transportation improvement program developed by the U. S. Fish and Wildlife Service.

BACKGROUND: Section 1115(e) of the Transportation Equity Act for the 21st Century (TEA-21, P.L. 105-178) expanded the Federal Lands Highways Program to include Refuge Roads, those roads in the refuges of the National Wildlife Refuge System. It also provided that the funds are to be allocated according to the relative needs of the various refuges, and taking into account:

The TEA-21 also authorized $20 million for each of FYs 1999-2003 out of the Highway Trust Fund for Refuge Roads.

ADDITIONAL INFORMATION: Contact the Federal Lands Highway Office of Program Development (HFPD).

METROPOLITAN PLANNING FUNDS

STATUS: ACTIVE

APPROPRIATION CODES:
085 -- PL-FYs 1992 - 1997
Q45 -- PL-FYs 1998 - 2003
3BM -- PL flexed to FTA for consolidated planning grant - 1992 - 1997
QA1 -- PL flexed to FTA for consolidated planning grant - 1998 - 2003

FEDERAL PARTICIPATION: 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: 1 percent deduction from funds authorized for certain Title 23 programs is apportioned to the States based on a ratio of urbanized population in individual States to the total nationwide urbanized area population. The minimum apportionment per State is 1/2 percent of the total nationwide apportionment. States must make all Metropolitan Planning (PL) funds authorized by 23 U.S.C. 104(f) available to the Metropolitan Planning Organizations (MPOs) in accordance with a formula developed by the State, in consultation with the MPOs, and approved by the FHWA. In developing the formula for distributing PL funds, the State must consider population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out the requirements of 23 U.S.C. 134 and other applicable requirements of Federal law. In addition to apportioned PL funds, any amount of National Highway System (NHS) and Surface Transportation Program (STP) funds may be used for PL activities if desired.

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: 23 U.S.C. 104(f) and 134

CFR REFERENCE: 23 CFR 420 and 450

ELIGIBILITY: PL funds are available for MPOs to carry out the metropolitan transportation planning process required by 23 U.S.C. 134, including development of metropolitan area transportation plans and transportation improvement programs. Eligible activities include conducting inventories of existing routes to determine their physical condition and capacity, determining the types and volumes of vehicles using these routes, predicting the level and location of future population, employment, and economic growth, and using such information to determine current and future transportation needs. Under 23 U.S.C. 134, MPOs are responsible for developing, in cooperation with the State and affected transit operators, a long-range transportation plan and a transportation improvement program (TIP) for the area. Both the plan and the TIP must be fiscally constrained. The TIP also must be prioritized, and consistent with the transportation plan, and must include all projects in the metropolitan area that are proposed for funding with either Title 23 or Federal Transit Act (Title 49, U.S.C., Chapter 53) money.

BACKGROUND: Section 9 of the Federal-aid Highway Act of 1962 (Public Law 87-866) added Section 134 to Title 23, U.S.C., which required a continuing, comprehensive, and cooperative planning process in urban areas of 50,000 or more population. Prior to 1973, funding for this planning process was provided from existing programs. Section 112 of the Federal-aid Highway Act of 1973 (Public Law 93-87) added Section 104(f) to Title 23, to provide PL funds for MPOs to carry out the Section 134 process. One-half percent of certain categories of funds authorized under 23 U.S.C. 104 were deducted before apportionment and apportioned to the States for metropolitan planning based on each States share of population in urbanized areas. The optional use of 1/2 percent of minimum allocation funds for PL was added by Section 124 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (1987 STURAA, Public Law 100-17). The Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240) increased the deduction for PL funds to 1 percent.

The Federal-aid Highway Act of 1976 (Public Law 94-280) amended 23 U.S.C. 104(f) to allow States receiving the minimum apportionment of PL funds to use these funds to finance transportation planning activities outside the urbanized areas, subject to approval of the Secretary, if the funds were in excess of that needed for urbanized area planning. In accordance with 23 U.S.C. 134(n), which was added by the 1991 ISTEA, any PL funds in any State that are not used for metropolitan planning under Section 134, may be made available by the MPO(s) to the State for statewide transportation planning under 23 U.S.C. 135.

The Federal share for the PL funds was initially administratively linked to the ratio for Highway Planning and Research (HPR) funds (now State Planning and Research funds). When the HPR Federal share was increased to 85 percent beginning in FY 1983, per Section 156 of the Surface Transportation Assistance Act of 1982 (1982 STAA, Public Law 97-424), the PL ratio was also increased to 85 percent. Prior to FY 1983, the PL ratio was generally 80 percent. The 1982 STAA also provided (codified as 23 U.S.C. 120(j)) that the sliding scale rates were applicable to HPR; therefore, it was administratively determined that the sliding scale rates also applied to PL funds. Section 6001 of the 1991 ISTEA changed the name of HPR funds to State Planning and Research (SPR) funds and set the SPR matching ratio at 80 percent without sliding scale. At the same time, Section 120(j) was removed from 23 U.S.C.; thus the matching ratio for PL funds is now 80 percent with sliding scale in accordance with the general matching provisions of 23 U.S.C. 120(a).

The Transportation Equity Act for the 21st Century (TEA-21), did not alter the basic provisions for PL funds. However, with the restructuring of the Federal-aid highway program under the TEA-21, the categories of funds that PL funds are derived from has changed.

ADDITIONAL INFORMATION: Contact the Office of Metropolitan Planning (HEMP).

NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM (See also COORDINATED BORDER INFRASTRUCTURE PROGRAM)

STATUS: ACTIVE

APPROPRIATION CODES:

FEDERAL PARTICIPATION: 80 percent

PERIOD AVAILABLE: FY + 3 years

FUND: Highway Trust Fund

FUND DISTRIBUTION METHOD: Allocation

TYPE OF AUTHORITY: Contract

SUBJECT TO OBLIGATION LIMITATION: Yes

STATUTORY REFERENCE: Sections 1101(a)(9) and 1118 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178)

CFR REFERENCE: None

ELIGIBILITY: Allocations are made to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. Allocations may be made for conducting feasibility studies, comprehensive corridor planning and design, location and routing studies, multistate and intrastate coordination for corridors, and after review of a development and management plan for the corridor or a useable segment, environmental review and construction.

Eligible corridors consist of:

BACKGROUND: The TEA-21 authorized $140 million for each of FYs 1999-2003 for the National Corridor Planning and Development and the Coordinated Border Infrastructure Programs. It provided eligibility criteria and a definition of Corridor Development and Management Plan.