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SAFETEA

Safe, Accountable, Flexible and Efficient
Transportation Equity Act of 2003

Key Information

U.S. Department of Transportation
May 16, 2003

Integral to improving the quality of our lives and to enhancing the productivity of our economy is a greater focus on transportation safety. Although we have made improvements in the rates of fatalities and injuries on our highways, the total numbers remain intolerable, and they are rising. Every year, nearly 43,000 people lose their lives on our highways and roads. Families are destroyed and promise is lost.

The economic costs are unacceptable as well. The total annual economic impact of all motor vehicle crashes is an astonishing $230.6 billion. For these reasons, saving lives is the number one priority for the Department and for the Reauthorization of the Transportation Equity Act of the 21st Century (TEA-21).

The Bush Administration is committed to reducing highway fatalities and nothing would make a greater difference in these numbers than to increase the use of safety belts everywhere in America. The Administration's SAFETEA bill offers proposals to increase safety belt use and to take those actions that can make the achievement of this goal possible. Enactment of this bill would be an important step, we believe, in reducing highway fatalities and injuries, and providing greater flexibility to State and local governments to use these funds consistent with a comprehensive strategic highway safety plan.

The President's proposal would provide over $201 billion in funding for highway and safety programs and nearly $46 billion in funding for public transportation programs from fiscal year 2004 through fiscal year 2009.

Our nation's transportation systems face significant challenges in the areas of safety, security, congestion, intermodal connectivity and timely project delivery. Building upon the principles, values, and achievements of the Intermodal Surface Transportation Efficiency Act and TEA-21, our proposal addresses these challenges and creates a safer, simpler and smarter Federal program.

Table of Contents

Create a Safer Transportation System
Simplify Federal Transportation Programs
     Expand State and Local Discretion
     Improve Project Delivery
Make Federal Transportation Programs Smarter
SAFETEA Fact Sheets
APPENDIX: SAFETEA Tables

Create a Safer Transportation System

President Bush and his Administration are committed to fostering the safest, most secure transportation system, even as we seek to enhance mobility, reduce congestion, and grow our economy. These are not incompatible goals. Indeed, it is essential that the nation's transportation system be both safe and secure, and efficient and productive.

TEA-21 Successes

Highway safety programs authorized by TEA-21 have been integral to reducing death and injury on our highways through safety belt use promotion and alcohol-impaired driving countermeasures.

  • Safety belt use increased to 75 percent, saving an estimated 13,000 people annually.
  • The number of States that have .08 BAC laws in effect increased significantly.
  • The number of States with open container laws increased from 14 to 36 plus the District of Columbia.
  • The number of States with Repeat Offender laws increased from 4 to 33 plus the District of Columbia.

Key SAFETEA Provisions

Making substantial improvements in the safety of the Nation's surface transportation system. It is not acceptable that the Nation suffers nearly 43,000 deaths and over 3 million injuries annually on our highways.

SAFETEA would more than double funding for highway safety improvements over TEA-21 levels through a new core highway safety infrastructure program in lieu of the existing Surface Transportation Program safety set-aside.

SAFETEA would create a new safety belt incentive program to strongly encourage States to enact primary safety belt laws and achieve substantially higher safety belt usage rates.

SAFETEA would combine the several safety programs administered by the National Highway Traffic Safety Administration into a consolidated grant program.

States would be granted broad new flexibility to transfer safety funds among the diverse safety programs administered by the Department if they develop performance-based comprehensive strategic highway safety plans that identify their highest priority safety improvements.

SAFETEA would provide increased funding for commercial vehicle safety and research programs enhancing the quality, stability, continuity, and uniformity of State commercial vehicle safety and enforcement programs.

SAFETEA would expand and improve safety auditing of "New Entrant" motor carriers.

Simplify Federal Transportation Programs

Expand State and Local Discretion

State and local decisionmakers are the most capable of addressing State and local transportation problems. The Federal Government's primary role should be to facilitate, enable, and maintain a national perspective.

TEA-21 Successes

Almost 93 percent of Federal highway funds are delivered to the States through the core formula grant programs and are used consistent with state and local decision-making.

Since ISTEA, over $7.7 billion has been transferred from Title 23 programs to public transportation programs, providing critical resources to supplement the basic public transportation authorization levels.

Key SAFETEA Provisions

Preserving funding flexibility to allow the broadest application of funds to transportation solutions, as identified by States and local communities.

SAFETEA would expand State and local flexibility by eliminating most discretionary highway grant programs and making these funds available under the core highway formula grant programs.

SAFETEA would establish a new highway pilot program under which States could manage their Interstate Maintenance, National Highway System, Surface Transportation (except for the Transportation Enhancement funds), Highway Safety Improvement, Highway Bridge, and Minimum Guarantee program funds as a block grant. Under the pilot program, States would be required to work with the Department to develop and meet specific system performance measures.

SAFETEA would also improve the ability of State and local decision makers to provide public transportation in the most cost-effective way by streamlining program requirements, especially for smaller grantees, and restructuring Federal Transit Administration (FTA) programs into three major areas:

  1. Urbanized Area Formula Grants, that would include the current formula grant as well as the formula Fixed Guideway Modernization funding;
  2. Major Capital Investments, which would broaden the current New Starts program to include non-fixed guideway corridor improvements, such as Bus Rapid Transit; and
  3. State Administered Programs, including the Rural, Elderly and Disabled, Job Access and Reverse Commute and New Freedom Initiative programs. The Job Access and Reverse Commute and New Freedom Initiative programs would be provided as flexible formula grants to the States.

Improve Project Delivery

We can and must protect our environment while improving the efficiency of transportation project delivery, consistent with the President's Executive Order on Environmental Stewardship and Transportation Infrastructure Project Reviews.

TEA-21 Successes

TEA-21 has been crucial in encouraging meaningful streamlining and stewardship. Using TEA-21 authority:

  • The median time for completing environmental reviews for projects requiring an Environmental Impact Statement decreased from five and a half years to four and a half years.
  • All fifty States have adopted initiatives for streamlining that clarify, amend, or re-invent the project development process.
  • Forty-one States have created some level of delegated authority for historic resources that allows many projects to be processed quickly.
  • Thirty-four States have agreed to provide personnel to State and Federal environmental agencies for the purposes of expediting reviews.
  • Twenty-nine States have adopted agreements to merge the Federal Highway Administration's NEPA process and the Clean Water Act permitting process administered by the United States Army Corps of Engineers.

Key SAFETEA Provisions

Simplifying Federal transportation programs and continuing efforts to streamline project approval and implementation.

SAFETEA would enhance the delivery of transportation projects and streamline the environmental review process by:

  • Improving the linkage between the transportation planning and project development processes;
  • Strengthening the provisions of current law that establish time frames for resource agencies to conduct environmental reviews and grant permits;
  • Simplifying the processing of Categorical Exclusion approvals;
  • Clarifying the legal standard applicable to determinations under Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. 303) as to whether an alternative is feasible and prudent;
  • Resolving the current overlap between Section 106 of the National Historic Preservation Act and Section 4(f);
  • Providing for timely resolution of outstanding legal disputes by establishing a six-month statute of limitations for appeals on the adequacy of projects' environmental impact statements and other environmental documents; and
  • Expanding the ability of States to use Federal-aid highway funds to provide resources to Federal agencies to expedite the environmental review process.

SAFETEA would protect and enhance our environment by:

  • Revising the CMAQ program to better address the new air quality standards;
  • Continuing a major emphasis on improving public transportation;
  • Revising the High Occupancy Vehicle (HOV) lane provisions to encourage the use of cleaner and more fuel efficient vehicles;
  • Encouraging the active consideration and implementation of context sensitive design principles and practices in all Federally-aided transportation projects; and
  • Establishing a new Transportation, Energy, and Environment program to carry out multi-modal energy and climate change research.

SAFETEA would simplify the transportation planning process by:

  • Combining the long-range metropolitan transportation plan and the shorter term Transportation Improvement Program into a single document;
  • Aligning the transportation and air quality planning horizons for purposes of transportation conformity;
  • Creating a single set of requirements applicable to both highway and public transportation planning.

Make the Federal Transportation Programs Smarter

The President has urged every Federal agency to be more results-oriented, guided not by process but performance. In the context of transportation, that means:

  • Using Federal surface transportation programs to increase the efficiency with which goods move throughout the transportation system;
  • Expanding innovative financing options;
  • Encouraging private sector participation;
  • Enhancing operational capacity;
  • Rewarding grantees that meet important goals;
  • Promoting a seamless transportation system in which transportation modes are efficiently connected; and
  • Increasing oversight to ensure large Federal investments are being protected.

TEA-21 Successes

TEA-21's innovative loan and grant programs have further augmented both the highway and transit programs. The Transportation Infrastructure Finance and Innovation Act (TIFIA) provided almost $3.6 billion in Federal credit assistance to eleven projects of national significance, representing $15 billion in infrastructure improvements.

TEA-21 enhanced the Federal Highway Administration's oversight role on larger projects by requiring that projects with an estimated total cost of $1 billion or more submit an annual Finance Plan.

Key SAFETEA Provisions

Strengthening the efficiency and integration of the Nation's system of goods movement by improving international gateways and points of intermodal connection.

SAFETEA would expand the capacity and efficiency of the nation's freight system by:

  • Dedicating a portion of National Highway System (NHS) funds for highway connections between the NHS and intermodal freight facilities, such as ports and freight terminals;
  • Allowing Surface Transportation Program (STP) funds to be used for publicly owned intermodal freight transportation projects that address economic, congestion, security, safety, and environmental issues associated with freight transportation gateways;
  • Allowing private freight rail projects to qualify for TIFIA credit assistance;
  • Expanding the availability of tax-exempt private activity bonds to include highway projects and freight transfer facilities.
Building on the intermodal approaches of ISTEA and TEA-21.
SAFETEA would authorize a $425 million grant program to fund capital improvements to improve intercity bus access to significant intermodal facilities.
Focusing more on the management and performance of the system.

SAFETEA would establish a ridership-based Performance Incentive Program using up to ten percent of Federal Transit Administration's Urbanized Area and Rural program funds.

SAFETEA would reward States that measurably improve their safety performance with increased Federal funds.

Expanding the scope of innovative financing programs, in order to encourage greater private sector investment in the transportation system, and examining other means to augment existing trust funds and revenue streams.

SAFETEA would expand the investment of private capital in the nation's surface transportation system by improving innovative financing tools by permitting state and local governments to issue tax-exempt private activity bonds to all Title 23 and Title 49-eligible projects that serve the general public;

SAFETEA would increase access to government loan assistance by lowering the TIFIA program's project threshold from $100 million to $50 million.

States would be allowed to establish user charges on Federal-aid highways, including the Interstate System, provided that the funds are re-invested in the facility and the charges are established as part of a program to manage congestion or improve air quality.

SAFETEA would allow States to permit Single Occupancy Vehicles (SOVs) on High Occupancy Vehicle lanes, so long as time-of-day variable charges are assessed on SOVs for such access (so-called HOT lanes).

Fostering "intelligent everything" in the development and deployment of technology, such as pavement monitoring, message systems, remote sensing, and toll collection.
SAFETEA would continue to foster the research, development and implementation of Intelligent Transportation Systems (ITS) technologies with greater emphasis on using these technologies to improve the performance and operation of transportation systems in a way that directly benefit transportation customers.
Improve oversight and accountability for the expenditure of public funds, without negatively impacting the ability of States and local governments to deliver their programs.

SAFETEA would strengthen the stewardship of Federal funds without treading on State prerogatives or creating red tape by:

  • Requiring that project management plans and annual financial plans be submitted for all Federal-aid projects costing $1 billion or more;
  • Requiring that annual financial plans be prepared for all projects receiving $100 million or more in Federal-aid funds;
  • Establishing minimum cost-estimating standards in order to provide more reliable and consistent project cost expectations;
  • Strengthening the Department's suspension and debarment policies to prevent contractors from continuing to defraud the government; and
  • Allowing States to share in monetary recoveries from Federal fraud cases.

SAFETEA
Fact Sheets

Table of Contents

SAFETY

  • Highway Safety Improvement Program
  • Consolidated Highway Safety Grants
  • Highway Safety Performance/Safety Belt Grants
  • Impaired Driving
  • Emergency Medical Services
  • State Traffic Safety Information System Improvements
  • National Driver Register
  • Highway Safety Research and Development
  • Motor Carrier Safety Grants
  • Performance and Registration Information System Management (PRISM)
  • Federal Motor Carrier Safety Administration
  • Hazardous Material Transportation
  • Sanitary Food Transportation

FINANCE

  • Trust Fund and Taxes
  • Federal-Aid Highway Obligation Limits
  • Guaranteed Funding
  • Minimum Guarantee
  • Highway Use Tax Evasion
  • Highway User Tax Administration
  • State Infrastructure Bank Pilot Program
  • Transportation Infrastructure Finance and Innovation Act
  • Private Activity Bonds
  • Toll Programs
  • Commercialized Rest Area Pilot Projects

HIGHWAY PROGRAMS

  • Interstate Maintenance Program
  • National Highway System Program
  • Freight Transportation Gateways
  • Highway Bridge Program
  • Surface Transportation Program
  • Appalachian Development Highway System Program
  • Federal Lands Highway Program
  • Tribal Provisions
  • Intelligent Transportation Systems Performance Incentive Program
  • Real Time System Management Information Program
  • Commercial Vehicle Information Systems and Networks
  • Infrastructure Performance and Maintenance Program
  • Transportation Systems Management and Operations
  • Surface Transportation System Performance Pilot Program
  • Emergency Relief
  • Program Administration

ENVIRONMENTAL

  • Transportation Enhancements
  • Transportation, Community, and Systems Preservation Program
  • Bicycle Transportation and Pedestrian Walkways
  • Congestion Mitigation and Air Quality Improvement Program
  • Recreational Trails Program
  • National Scenic Byways Program
  • Surface Transportation Environment and Planning Cooperative Research Program
  • Transportation, Energy and the Environment
  • Environmental Stewardship
  • Environmental Review Process

PUBLIC TRANSPORTATION

  • Urbanized Area Formula Program (5307)
  • State Managed Programs - Formula Programs for Other Than Urbanized Areas (5311)
  • Major Capital Investments Program (5309)
  • State Managed Programs - Job Access and Reverse Commute (5308)
  • State Managed Programs - New Freedom Initiative (5317)
  • Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities
  • Formula Planning Programs
  • Intermodal Passenger Facilities Program

PLANNING AND RESEARCH

  • Transportation Planning
  • State Planning and Research
  • Planning Capacity Building Initiative
  • Multi-State Corridor Planning Program
  • Border Planning, Operations and Technology Program
  • Surface Transportation Research, Development and Deployment Program
  • Advanced Travel Forecasting Procedures Program
  • Training and Education
  • Bureau of Transportation Statistics
  • Intelligent Transportation Systems (ITS) Research
  • University Transportation Research Program
  • Multi-modal Research Program
  • High Speed Rail Program
  • Commercial Remote Sensing Program

HIGHWAY SAFETY IMPROVEMENT PROGRAM
FLEXIBILITY FOR SAFETY INITIATIVES

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization NA*$1,000 M$1,100 M $1,200 M$1,300 M$1,400 M$1,500 M

* for comparability, 10% STP setaside in 2003 totaled $ 648 M

Program Purpose

This new stand-alone "core" program reflects increased importance and emphasis on highway safety initiatives. It replaces the current statutory requirement that States set aside 10 percent of their Surface Transportation Program funds for carrying out the rail-highway crossings and hazard elimination programs. The new program is designed to provide States with funds to institute Highway Safety Improvement (HSIP) programs that: reduce the fatalities and injuries that occur annually on the highway system; reinforce the Federal Highway Administration's (FHWA's) safety partnerships; and complement National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) safety programs.

Program Requirements

  • In order to receive funds, States must have a process in place to analyze highway safety problems, identify opportunities for prevention of hazardous conditions, and produce a list of projects to be funded based upon the analysis and opportunities identified.
  • The Secretary will formulate programmatic guidelines for the States' use that include the following components:
    • Adoption of strategic and performance-based goals for the Highway Safety Improvement Program (HSIP) that address all roadways within the State and focus on areas of greatest need;
    • Advancement of the States' capabilities in traffic records data collection, analysis, and integration with other sources of safety data;
    • Provide flexibility to the States to address potential as well as existing highway safety problems; and
    • Requirement that States establish an evaluation process to assess the results of safety improve projects and use the results to set priorities for future projects.
  • States are to report their progress in implementing safety improvement projects and the effectiveness of the improvements to the Secretary.

Eligibility

Safety improvement projects on any public road or publicly owned bicycle or pedestrian pathway or trail will be eligible. A safety improvement project corrects or improves a hazardous roadway condition, or proactively addresses highway safety problems that may include: intersection improvements; installation of rumble strips and other warning devices; elimination of roadside obstacles; railway-highway grade crossing safety; pedestrian or bicycle safety; traffic calming; improving highway signage and pavement marking; installing traffic control devices at high crash locations or priority control systems for emergency vehicles at signalized intersections, safety conscious planning and improving crash data collection and analysis, etc.

Flexibility

  • The States that adopt and implement a strategic highway safety plan are provided additional flexibility to use HSIP funds for public awareness, education, and enforcement activities otherwise not eligible if they are consistent with a strategic State highway safety plan and comprehensive safety planning process. To qualify for flexible safety funding under this section, the State strategic highway safety plan must:
    • Be based on a collaborative process that includes the State DOT, the Governor's representative for highway safety and other major stakeholders;
    • Address engineering, education, enforcement, and emergency services elements of highway safety;
    • Consider the results of existing State transportation and highway safety planning processes; and
    • Be certified by the Secretary, in consultation with FHWA and NHTSA.
  • Development of a State strategic highway safety plan will not require changes in the planning processes, plans or programs of other State transportation or highway safety agencies.

Transfer of Funds

Funds transferred between this section and section 402 may not exceed 50 percent of the authorization for this section or for section 402(k).

Funding/Formula

Provides contract authority from the Highway Trust Fund, to be apportioned using a formula identical to the formula currently used for STP apportionments. Each State will receive a minimum of 1/2 of 1 percent.

Federal Share

The Federal share payable will be 90 percent.

Safety Belt Encouragement

Beginning in FY 2005, 10 percent of a State's HSIP funds must be obligated for section 402 programs, unless the State enacts a primary safety belt law or demonstrates safety belt usage of 90 percent or above. States subject to this provision must have a strategic highway safety plan and the activities funded must be consistent with the plan.

National Blue Ribbon Commission On Highway Safety

  • Establishes a National Blue Ribbon Commission on Highway Safety to develop a realistic national safety goal and a consensus within the highway safety community and the public in support of it.
  • The Commission would conduct a comprehensive study to evaluate national highway safety needs in the areas of engineering, education, enforcement and emergency response to identify a realistic national goal for reducing highway fatalities, assist in developing a national consensus in support of the goal and provide the Secretary a comprehensive plan with specific strategies for achieving the goal.
  • The Commission will have 15 members, including the Secretary of Transportation or his or her delegate, the Administrators of FHWA, FRA, NHTSA, and FMCSA, or their delegates and 10 members representing State and local government, law enforcement, the safety community, and public health, appointed by the Secretary and who have been nominated by the Senate Committee on Environment and Public Works and the Senate Committee on Commerce, Science, and Transportation, and by the House Committee on Transportation and Infrastructure.

CONSOLIDATED HIGHWAY SAFETY GRANTS

Year 2003 2004 2005 2006 2007 2008 2009
State & Community Formula Grants$165M$162M$167M$172M$177M$183M$189M
Performance Grants$0$175M$179M$183M$189M$195M$201M
Impaired Driving Grants$0$50M$50M$50M$50M$50M$50M

Program Purpose

  • The highway safety program grants apportioned to the States (including the District of Columbia, Puerto Rico, the territories, and the Bureau of Indian Affairs) for their State and Community highway safety programs under 23 U.S.C. 402 provide the foundation for the States' highway safety efforts.
  • The new authorization would continue this program, and augment it through a new program of Performance Grants and Impaired Driving Grants. These new programs are described in the following pages.

Funding Features

  • The State & Community Formula Grants would continue to be authorized from the Highway Trust Fund under the existing formula based on population (75 percent) and road mileage (25 percent). At least 40 percent of these funds are to be used to address local traffic safety problems.
  • The Federal share for these grants would be 80 percent.

Eligible Use of Funds

  • States would continue to use their Section 402 State & Community Formula Grants to support a full-range of highway safety programs, including occupant protection, impaired driving, motorcycle safety, emergency medical services, police traffic services, and roadway safety.

HIGHWAY SAFETY PERFORMANCE/SAFETY BELT GRANTS

Year 2003 2004 2005 2006 2007 2008 2009
Performance Grants$0$175M$179M$183M$189M$195M$201M
General Performance Grants$0$50M$52M$54M$58M$61M$65M
Primary safety belt use law grants$0*$100M$100M$100M$100M$100M$100M
Safety belt use rate grants$0*$25M$27M$29M$31M$34M$36M

NOTE: Safety Belt Grants are set-asides from Performance Grants

Program Purpose

  • The new authorization would augment State and Community Formula Grants with a new program of performance grants.
  • The General Performance Grants will provide incentive funds to the States based on the performance of their highway safety programs in three categories:
    1. motor vehicle crash fatalities,
    2. alcohol-related fatalities, and
    3. motorcycle, bicycle, and pedestrian crash fatalities.
  • The Safety Belt Performance program consisting of the Safety Belt Use Law Grant and Safety Belt Use Rate Grant Programs, would promote the enactment of primary safety belt use laws in all States and the increase of safety belt use rates across the country.

Funding Features

  • The General Performance Grants, from the Highway Trust Fund, would be awarded to a State based upon the performance of its highway safety program (achievement and annual progress, as determined by the Secretary through a rulemaking proceeding) in the three categories noted above. The Federal share for these grants would be 80 percent.
  • Safety Belt Use Law Grant Program could award up to a total of $100 million in each fiscal year, out of the Highway Trust Fund, in two ways:
    • First, a State that enacted and is enforcing a primary safety belt use law for all passenger motor vehicles that became effective before December 31, 2002 would receive grants for each of FYs 2004 and 2005 equal to 1/2 of the size of its basic highway safety formula grant under Section 402 for FY 2003.
    • Second, a State that either enacts for the first time after December 31, 2002 and has in effect a primary safety belt use law for all passenger motor vehicles, or, if the State does not have such a law but has a safety belt use rate in the prior fiscal year of at least 90% could receive a one-time grant equal to 5 times the size of its basic highway safety formula grant under Section 402 for FY 2003.
    • The Federal share for these grants would be 100 percent.
  • Under the Safety Belt Use Rate Grant Program, a State would be eligible to receive a grant for its safety belt use rate in the prior fiscal year, based on (i) its achievement or annual progress in its safety belt use rate, (ii) the amount appropriated for the grants for the fiscal year, and (iii) the ratio the funds apportioned to the State for Section 402 for the fiscal year bears to the funds apportioned for Section 402 for the fiscal year to all States that qualify for such a grant for the fiscal year. The Federal share for these grants would be 100 percent.

Eligible Use of Funds

  • A State allocated General Performance Grants must use the amount for activities eligible for assistance under Section 402, except that the State could use up to 50 percent of the amount for highway safety infrastructure activities consistent with the State's strategic highway safety plan.
  • A State allocated a Primary Safety Belt Use Law Grant may use the amount for Section 402 highway safety activities or for highway safety infrastructure activities consistent with the State's strategic highway safety plan.
  • A State allocated a Safety Belt Use Rate Grant must use it for safety belt use programs under Section 402, except that it may use up to 50 percent of the amount for highway safety infrastructure activities consistent with the State's strategic highway safety plan.

IMPAIRED DRIVING

Year 2003 2004 2005 2006 2007 2008 2009
Authorization$0*$50M$50M$50M$50M$50M$50M

* In FY 2003, $150M was authorized for a variety of alcohol safety programs under 23 U.S.C. 163 and 23 U.S.C. 410.

Program Purpose

The Impaired Driving Grants (new Section 402 (l)) under 23 U.S.C. 402 are intended to enable the States with a high number or rate of alcohol-related fatalities to identify the causes of these high numbers and rates. These grants will also help States develop and implement programs to reduce the fatalities significantly.

Funding Features

Rather than distributing funds to a large number of States, the new grants would focus significant resources on those States with the highest numbers or highest rates of impaired driving fatalities.

The Federal share for grants under the program would be 100 percent in the first and second fiscal years, 75 percent in the third and fourth fiscal years, and 50 percent in the fifth and sixth fiscal years.

Eligible Use of Funds

The program would provide funding to States with high numbers or high rates of alcohol-involved fatalities to:

  • enable them to identify the sources of the problem,
  • help them develop programs to address the problem, and
  • help them carry out the programs and evaluate the results.

EMERGENCY MEDICAL SERVICES

Year 2003 2004 2005 2006 2007 2008 2009
Authorization0$10M$10M$10M$10M$10M$10M

Program Purpose

The Emergency Medical Services program (new Section 407 of title 23) is a State formula grant program to improve coordination and support of emergency medical services (EMS) and 9-1-1 systems nationwide. It is also designed to strengthen transportation safety and public health, consistent with the President's focus on reinforcing the nation's emergency preparedness and first response capacity. The term 'State,' under the program, means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Secretary of the Interior on behalf of the Indian Tribes. The program would be administered at the State level through State EMS Offices. The funds proposed each fiscal year for the program would be an important catalyst to encourage the States to ensure greater coordination among the various elements of their EMS and 9-1-1 programs.

Funding Features

The Emergency Medical Services program would be a newly created program funded out of the Highway Trust Fund. These funds would be subject to a deduction not to exceed 10 percent for the necessary costs of administering the provisions of the program, and the remainder would be apportioned among the States. The apportionment of these funds incorporates the exact formula for the apportionment of State and community highway safety funds under section 402 (c) of title 23. The Federal share of the cost of a project or program funded by the program would be 80 percent.

Eligible Use of Funds

  • The program authorizes the Secretary to provide financial assistance to States to aid them in conducting coordinated EMS services and 9-1-1 programs that are in accord with the provisions of the program.
  • States would be required to administer the program through the State's EMS office. State EMS offices have adequate powers and are suitably equipped and organized to carry out such programs. The State EMS office would be required to coordinate the program with the State's highway safety office. The political subdivisions of a State would participate in and receive funds under such programs, consistent with the goal of achieving statewide coordination of emergency medical services and 9-1-1 activities.

STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS

Year 2003 2004 2005 2006 2007 2008 2009
Authorization0$50M$50M$50M$50M$50M$50M

Program Purpose

The State Traffic Safety Information System Improvements program (new Section 412 of title 23) is an incentive grant program to encourage States (i.e., the fifty States, the District of Columbia, Puerto Rico, the territories, and the Secretary of the Interior on behalf of the Indian Tribes) to improve their traffic records data. Components of these traffic records systems include driver licensing, vehicle registration, citation, court and accident records related to traffic violations, traffic convictions, emergency medical services information and data on roadway characteristics. By improving the availability of timely, accurate, complete, uniform, integrated and accessible traffic safety data, State and Federal agencies will be better equipped to identify local, State and national transportation safety problems and to evaluate their programs and countermeasures.

Funding Features

  • The State Traffic Safety Information System Improvements program would be a newly created program funded out of the Highway Trust Funds. No State that is eligible for a first-year grant would receive less than $300,000, if sufficient funds are available. No State that is eligible for a succeeding-year grant would receive less than $500,000, if sufficient funds are available.
  • To become eligible for a grant under the program, a State must certify to the Secretary that the State has adopted and used model data elements that were previously determined by the Secretary.
  • The Federal share for these grants would be 80 percent.

Eligible Use of Funds

  • The program authorizes the Secretary to provide incentive grants to States to aid them in improving their traffic records data.
  • States receiving these grants may use their funds only to implement the program.

NATIONAL DRIVER REGISTER

Year 2003 2004 2005 2006 2007 2008 2009
Operations$2M$3.6M$4M$4M$4M$4M$4M

Program Purpose

The purpose of the National Driver Register (NDR) is to facilitate the exchange of driver licensing information on problem drivers among the States and various Federal agencies. This information aids States and Federal agencies in making decisions concerning driver licensing, driver improvement, transportation safety, and driver employment. The National Highway Traffic Safety Administration administers the provisions of the NDR statute.

Funding Features

The National Driver Register (NDR) program would be reauthorized without any changes to its provisions. The program would continue to be funded out of the Highway Trust Fund.

Eligible Use of Funds

The National Driver Register (NDR) statute directs the Secretary to maintain and carry out the NDR to assist chief driving licensing officials of participating States in exchanging information about the motor vehicle driving records of problem drivers.

HIGHWAY SAFETY RESEARCH AND DEVELOPMENT

Year 2003 2004 2005 2006 2007 2008 2009
Research and Development$72M$88.45M$90M$92M$94M$96M$99M

Program Purpose

The Act continues the Section 403 Highway Safety Research and Development program under Title 23.

Funding Features

The authorization covers fiscal years 2004-2009 and would be funded out of the Highway Trust Fund. Contract authority is provided for the funds for the program, consistent with the practice established under TEA-21.

Eligible Use of Funds

Out of the funds provided for Section 403, the Act amends the program to specify allocations to be made of:

  • $2.226 million in each fiscal year to enhance coordination among Federal agencies involved with State, local, tribal and community-based emergency medical services.
  • $.20 million in each fiscal year for participation and cooperation in international activities to enhance highway safety.
  • $10 million in each fiscal year to conduct a nationally representative survey to collect on-scene motor vehicle crash causation data.

MOTOR CARRIER SAFETY GRANTS

Year 2004 2005 2006 2007 2008 2009
MCSAP$164.6M$168M$172M$176M$180M$184M
Border Enforcement$32M$33M$33M$34M$35M$36M
CDL$22M$22M$23M$23M$24M$25M
TOTAL$218.6M$223M$228M$233M$239.0$245M

Program Purpose

The Motor Carrier Safety Grant programs, including the Motor Carrier Safety Assistance Grant Program (MCSAP), Border Enforcement Grants, and Commercial Driver's License Program Improvement Grants are primarily designed to promote State enforcement of and compliance with Federal Motor Carrier Safety Regulations (FMCSRs) and related statutory requirements.

Funding Features

The Motor Carrier Safety Grant provisions extend contract authority funding for the existing MCSAP funding authorization (49 U.S.C. 31104) and create new contract authority funding lines for Border Enforcement Grants and Commercial Driver's License Program Improvement Grants. The SAFETEA authorization covers fiscal years 2004-2009 and is a Highway Trust Fund (Highway account) authorization. In general, MCSAP grants require an 80/20 match. However, "high-priority" and incentive activities and "new entrant" safety audits are 100% Federally funded.

Eligible Use of Funds

The program authorizes the Secretary to provide financial assistance:

  • To States for the development or implementation of programs for improving motor carrier safety.
  • To States for the enforcement of regulations, standards, and orders of the United States Government on commercial motor vehicle safety, hazardous materials transportation safety, and compatible State regulations, standards, and orders.
  • To a State agency, local government, or other person for the full cost of research, development, demonstration projects, public education, and other special activities relating to commercial motor vehicle safety.
  • For audits of new entrant motor carriers conducted pursuant to section 210 of the Motor Carrier Safety Improvement Act of 1999, 113 Stat. 1764.
  • To a State that shares a border with Mexico or Canada for carrying out border commercial motor vehicle safety programs, related enforcement activities, and projects at the border.
  • To a State to improve its implementation of the commercial driver's license program.

PERFORMANCE and REGISTRATION INFORMATION SYSTEM MANAGEMENT
PRISM

Year 2004 2005 2006 2007 2008 2009
Authorization$4M$4M$4M$4M$4M$4M

*included in the Motor Carrier Safety Grants TOTAL.

Program Purpose

The Performance and Registration Information System Management (PRISM) program links Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems. The program is designed to enable a State to determine the safety fitness of a motor carrier or registrant when they are applying for a license or registration, or while the license or registration is in effect. PRISM also assists States to deny, suspend, or revoke the commercial motor vehicle registration of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary.

Funding Features

Under TEA-21 and the Motor Carrier Safety Improvement Act of 1999 (MCSIA), the PRISM grants funding authorization was part of the contract authority for information systems codified at 49 U.S.C. 31107. The provisions of SAFETEA create a contract authority funding line specific to PRISM grants. The SAFETEA authorization covers fiscal years 2004-2009 and is a Highway Trust Fund (Highway account) authorization.

Eligible Use of Funds

The program authorizes the Secretary to provide financial assistance to States:

  • To establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carriers, commercial motor vehicles, and driver safety performance.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Year 2004 2005 2006 2007 2008 2009
Operations and Programs$224.4M$228M$233M$239M$244M$250M

Program Purpose

This authorization provides a dedicated funding source for all FMCSA general operating expenses and all motor carrier programs, including: the Research & Technology Program; information management; regulatory development (including the medical registry & medical review board); operation of the PRISM program; outreach & education; and the safety and consumer telephone hotline.

Funding Features

The Motor Carrier Safety Improvement Act of 1999 (MCSIA) amended 23 U.S.C. 104(a) to fund FMCSA administrative expenses and research & technology from a one-third of one percent takedown on the formula portion of the Federal Highway Administration (FHWA) Federal-aid Highways Program. The provisions of SAFETEA separate FMCSA administrative expenses from the Federal-aid Highway Program Section 104(a) administrative takedown mechanism and authorize a distinct contract authority line for FMCSA administrative expenses. The SAFETEA authorization covers fiscal years 2004-2009 and is a Highway Trust Fund (Highway account) authorization.

Eligible Use of Funds

The Secretary is authorized to fund all FMCSA operating expenses and Federal programs, including:

  • personnel costs; administrative infrastructure; rent; information technology; programs for research and technology, information management, regulatory development (including a medical review board and rules for medical examiners), performance and registration information system management (PRISM), [M1], and outreach and education; other operating expenses and similar matters; and such other expenses as may from time to time become necessary to implement statutory mandates not funded from other sources.

HAZARDOUS MATERIAL TRANSPORTATION

Program Purpose

Federal hazardous materials transportation law directs the Department of Transportation to promulgate a national hazardous materials transportation safety, including security, program that will minimize the risks to life and property inherent in the commercial transportation of hazardous materials. These areas include clarification and modification of: hazmat transportation by air; representations and tampering with hazardous materials packaging; hazardous materials transportation safety and security; administrative authority for transportation service and infrastructure assurance research; United States Postal Service penalty authority; registration provisions of hazardous materials transportation law; shipping paper retention provisions; planning and training grants; enforcement authority; penalties; emergency waiver of preemption; and judicial review.

Program Changes

  • Clarifies that DOT has the authority, under Federal hazardous materials transportation law to regulate hazardous materials transportation conducted on all U.S.-registered aircraft.
  • Modifies the definition of "commerce."
  • Clarifies and expands the list of persons subject to the requirements of Federal hazardous materials transportation law and the Hazardous Materials Regulations.
  • Clarifies and expands DOT's enforcement authority under the Federal hazardous materials transportation law to discover hidden shipments of hazardous materials.
  • Provides Research and Special Programs Administration (RSPA) with the authority to enter into "other transactions" agreements to conduct research into transportation service and infrastructure assurance and to carry out RSPA's research activities.
  • Prohibits hazardous materials in the mail unless specifically authorized by law or Postal Service regulation.
  • Changes the registration provisions of Federal hazmat law and clarifies the extent to which the prohibitions may apply to the transportation of explosives in commerce.
  • Requires that each person, who prepares a shipping paper, to make the disclosures the Secretary prescribes by regulation.
  • Clarifies and, in some instances, simplifies, existing authority regarding Planning and Training grants.
  • Clarifies types of judicial relief, including civil penalties, which may be granted in action brought by the Attorney General.
  • Amends the civil and criminal penalty provisions in the Federal hazardous materials transportation law and increases maximum civil penalty from $27,500 to $100,000 for each violation.
  • Outlines the Secretary's current preemption authority and clarifies several aspects of that authority.
  • Establishes the appropriate judicial forum for review of final agency actions in the areas of compliance, enforcement, civil penalties, rulemaking, and preemption. Provides for judicial review of final actions taken by the Secretary under Federal hazmat law in areas of compliance, enforcement, civil penalties, rulemaking, and preemption.

SANITARY FOOD TRANSPORTATION

Program Purpose

This proposal would streamline Federal responsibilities for ensuring the safety of food shipments. Primary responsibility would be transferred from the Department of Transportation to the Department of Health and Human Services, which would set practices to be followed by shippers, carriers, and others. Highway and railroad safety inspectors would be trained to spot threats to food safety and to report possible contamination.

Program Changes

  • This section sets forth the short title for the Sanitary Food Transportation Act of 2003. This title would reallocate responsibilities for food transportation safety among the Departments of Health and Human Services (HHS), Transportation, and Agriculture.
  • This provision would require the Secretary of HHS to establish sanitary transportation practices to be followed by shippers, carriers, and others engaged in food transport. The Secretary of HHS could prescribe practices relating to matters such as sanitation, packaging and protective measures; limitations on the use of vehicles; information sharing between shippers and carriers; and record keeping, reporting, and compliance with inspections.
  • Other Federal agencies, including the Secretaries of Transportation and Agriculture and the Administrator of the Environmental Protection Agency, would be required to assist the Secretary of HHS, upon request, in carrying out this section. The Secretary of Transportation would be required to train DOT personnel who perform motor vehicle and railroad related safety inspections to identify practices and conditions that could pose a threat to food safety and to notify the Secretary of HHS and the Secretary of Agriculture of any instances of potential food contamination identified during those inspections.

TRUST FUNDS AND TAXES

Extension of Highway-user Taxes

  • Extends at the already enacted rates the imposition of highway-user taxes through September 30, 2011. These taxes consist of gallonage taxes on highway motor fuel and truck related taxes, including an annual tax on heavy vehicle use, a weight-based tax on heavy truck tires and a retail sales tax on heavy truck and trailer sales. Each of these taxes, with the exception of 4.3 cents per gallon of the motor fuel taxes would have expired after September 30, 2005.
  • The partial exemption from the gasoline tax for gasohol and other alcohol fuels is extended through September 30, 2014.

Transfer of Highway-user Taxes to the Highway Trust Fund

  • Generally, the deposit in the Highway Trust Fund of amounts equivalent to the proceeds of the highway-user taxes is extended through September 30, 2011.
  • The Leaking Underground Storage Tank Trust Fund continues to receive 0.1 cent per gallon of the motor fuel tax through March 31, 2005, at which time the 0.1-cent levy terminates.
  • The Mass Transit Account of the Highway Trust Fund continues to receive the same portion of the taxes on motor fuels as under current law, typically 2.86 cents per gallon with lesser amounts from liquefied petroleum gases, liquefied natural gas, and methanol from natural gas.
  • The Highway Account of the Highway Trust Fund receives the proceeds of all highway-user fuel taxes not specifically directed to the Mass Transit Account or the Leaking Underground Storage Tank Trust Fund. It also receives all proceeds of the non-fuel taxes.
  • Beginning October 1, 2003, the 2.5 cents per gallon of the gasohol tax currently deposited in the General Fund would be redirected to the Highway Account of the Highway Trust Fund.

Expenditures from the Highway Trust Fund

Authority to expend Highway Trust Fund monies for authorized purposes is extended through September 30, 2011.

Aquatic Resources Trust Fund

  • Extends through September 30, 2011 at the already enacted rates the transfer of motorboat gasoline and special fuel taxes and small engine gasoline taxes from the Highway Trust Fund to the Aquatic Resources Trust Fund.
  • Extends through September 30, 2009 the authority to expend Aquatic Resources Trust Fund Boat Safety Account and Sport Fish Restoration Account monies for authorized purposes.

FEDERAL-AID HIGHWAYS OBLIGATION LIMITATION

Year 2003 2004 2005 2006 2007 2008 2009
Limitation $31,593M$29,294M$30,265M$31,326M$32,257M$33,104M$33,903M

Purpose

SAFETEA requests and Appropriation Acts usually set a limitation on Federal-aid highway and highway safety construction program obligations. The limitation is a ceiling on the amount of contract authority that may be obligated within a specified time period, usually a fiscal year, regardless of the year in which the contract authority was made available. These limits are imposed in order to control the highway program spending in response to economic and budgetary conditions.

Distribution

  • The majority of the limitation is distributed among the States based on each State's relative share of the total of apportioned funds subject to the limitation to all States for the fiscal year.
  • Certain programs-the Emergency Relief Program, a portion of the Minimum Guarantee program ($639 million per year), demonstration projects authorized prior to TEA-21, and balances from the old Minimum Allocation Program-are exempt from the obligation limitation and, from a Federal budgeting perspective, are mandatory programs.
  • Prior to distribution, a portion of the limitation is set aside for FHWA's administrative expenses (not to exceed the separate limitation on administrative expenses), other programs funded from the administrative takedown, the new Infrastructure Performance and Maintenance Program and each program allocated by the Secretary of Transportation, including.
  • Also setaside prior to distribution is obligation limitation for the Appalachian Development Highway System and for $2 billion of the Minimum Guarantee.
  • The law provides for redistribution after August 1 of each year of the obligation limitation from each State or program unable to obligate its share of the limitation to States that are able to obligate more than their initial shares of the limitation.

Continuing Provisions

  • The obligation limitation is keyed to anticipated receipts to the Highway Account of the Highway Trust Fund and will be adjusted as new receipt projections and actual receipts become available.
  • Limitation set aside for the Appalachian Development Highway System and a portion of the Minimum Guarantee ($2 billion per year) is available until used. This limitation carries over at the end of each year and is not part of the August redistribution of obligation limitation described above.
  • Limitation for research programs is available for 3 years.

GUARANTEED FUNDING

Year 2004 2005 2006 2007 2008 2009 Total
Highways:
Firewall $30,280M$31,270M$32,352M$33,307M$34,179M$35,005M$196,393M
Exempt $839M$839M$839M$839M$839M$839M$5,034M
Total $31,119M$32,109M$33,191M$34,146M$35,018M$35,844M$201,427M
Mass Transit:
Firewall $5,936M$6,055M$6,181M$6,320M$6,476M$6,633M$37,600M
Total $37,055M$38,164M$39,372M$40,466M$41,494M$42,477M$239,027M

Guaranteed Funding

  • Extends TEA-21 provisions that guarantee that specified amounts of the authorized funding will be available for obligation each year.
  • Updates the list of budget accounts included in guaranteed funding to reflect latest budget account structure.
  • Guaranteed funding is made up of two parts: (1) discretionary spending that is protected by firewalls that effectively wall off specified amounts of highway and transit spending from other discretionary spending; and (2) for the highway program, small amounts of mandatory funding, that is, funding exempt from the obligation limitation (Emergency Relief and $639 million per year of the Minimum Guarantee funding).
  • The highway category firewall protects the Federal-aid highway program's obligation limitation, the programs of the Federal Motor Carrier Safety Administration, and the portions of the National Highway Traffic Safety Administration's programs funded from the Highway Trust Fund. The public transportation category firewall protects the programs or portions of programs funded from the Mass Transit Account of the Trust Fund.
  • The highway category and mass transportation category firewalls assume certain projections of receipts to the Highway Account and the Mass Transit Accounts of the Highway Trust Fund and each will be adjusted up or down as new receipt projections and actual receipts become available. The adjustment will be determined each year, beginning with FY 2006, during the development of the President's Budget and updated at the time of the Mid-session Review of the budget.
  • The calculation of the adjustment is modified to reduce the swings in funding experienced during the TEA-21 period. The portion of the adjustment based on looking back at actual receipts will remain the same-a comparison of the actual receipts and the estimated receipts specified in the Act. For example, the FY 2006 "look back" calculation will be based on FY 2004 receipts and will be submitted with the FY 2006 President's Budget submission in February 2005.
  • The portion of the calculation based on prospective receipts has been modified. At the time of the Mid-session Review of the President's Budget, a "look ahead" comparison will be made. The comparison will be between the original estimate of receipts for the current year specified in the Act and the Mid-session Review estimate for that year. For example, the FY 2006 "look ahead" calculation will be based on estimated receipts for FY 2005 and will be submitted with the FY 2006 Mid-session Review in June 2005.

Revenue Aligned Budget Authority (RABA)

  • Beginning in FY 2006, authorizations for Federal-aid highway and highway safety construction programs funded for the Highway Account of the Highway Trust Fund will be adjusted (increased or decreased) whenever the highway firewall amount is adjusted to reflect actual receipts and more recent of Highway Account revenue, that is, the budget authority will be aligned with the revenue.
  • In the case of an increase, a portion of the increase in authorizations is reserved for the Federal-aid highway and highway safety construction programs allocated by the Secretary of Transportation-programs that are not apportioned by statutory formula. The amount reserved is determined by calculating the ratio of the authorizations for the allocated programs to total authorizations from the Highway Account of for the Federal-aid highway and highway safety construction programs and applying this ratio to the additional authorizations. The resulting amount is divided among the various allocated programs in the same proportion that those programs receive authorizations exclusive of RABA.
  • The remainder of the increased funding is distributed to the State proportional to their shares of Federal-aid highway and highway safety construction apportionments from the Highway Account. Each State's share is then divided proportionately among the following programs: Interstate Maintenance, National Highway System, Surface Transportation Program, Highway Bridge Program, Highway Safety Improvement Program, and the Congestion Mitigation and Air Quality Improvement Program.
  • Should a decrease be necessary, the reduction in authorizations would be applied proportionally to all Highway Account authorizations for Federal-aid highway and highway safety construction programs except Emergency Relief.
  • Beginning in FY 2006, authorizations for public transportation funding from the Mass Transit Account of the Highway Trust Fund will be adjusted (increased or decreased) whenever the mass transit firewall amount is adjusted. The adjustment would be applied proportionately to all Federal transit programs receiving funding from the Mass Transit Account.

MINIMUM GUARANTEE

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization* $6,421M$6,853M $7,074M $7,340M $7,572 M $7,805 M $8,008 M

*Such sums as may be necessary are authorized. Amounts shown for 2004-2009 are estimates.

Program Purpose

The Minimum Guarantee provides funding based on equity considerations. These include specific shares of overall program funds and a minimum return on contributions to the Highway Account of the Highway Trust Fund.

Calculation

  • SAFETEA specifies for each State (except Puerto Rico) a specific share of the aggregate annual funding for Interstate Maintenance (IM), National Highway System (NHS), Bridge, Congestion Mitigation and Air Quality Improvement (CMAQ), Surface Transportation Program (STP), Highway Safety Improvement Program (HSIP), Appalachian Development Highway System, Recreational Trails, Infrastructure Performance and Maintenance, and the Minimum Guarantee itself.
  • The percentage shares are adjusted each year to ensure that each State's share of apportionments (except Puerto Rico's) for the specified programs is at least 90.5 percent of its share of contributions to the Highway Account based on the latest data available at the time of the apportionment. The shares of States falling below that minimum return will be increased and the shares of the remaining States will be decreased so that the shares continue to total 100 percent.
  • No State (including Puerto Rico) may receive less than $1 million per year in Minimum Guarantee funds.
  • Minimum Guarantee funds are subject to the 1.4 percent takedown for the administrative costs of the Federal Highway Administration and the 1 percent takedown for Metropolitan Planning.

Administration of Funds

  • One-half of each State's share of Minimum Guarantee is administered as STP funds, except that the STP requirements for the setaside of funds for transportation enhancements and the suballocation of funds to sub-State areas do not apply.
  • Each State's share of the remainder is divided among certain programs-IM, NHS, Bridge, CMAQ, STP, and HSIP-based on the share the State received for each program under the program formulas.

Budgetary Controls

  • Nationwide, $639 million per year of Minimum Guarantee apportionments are exempt from the Federal-aid Highway Program obligation limitation.
  • An additional $2 billion annually receives an equivalent amount of special obligation limitation that does not expire.
  • The remainder of the Minimum Guarantee funds is treated like all other funds subject to the obligation limitation.
  • Each State receives shares of each type of obligation authority in proportion to its share of Minimum Guarantee apportionments.

HIGHWAY USE TAX EVASION

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
IRS  $20.05 M$48.0 M $48.0 M$38.0 M$4.5 M$4.5 M
States  $ 4.5 M$ 4.5 M $ 4.5 M$ 4.5 M$4.5 M$4.5 M
Intergovernmental Enforcement  $ 2.0 M$ 2.0 M $ 2.0 M$ 2.0 M$ 2.0 M$ 2.0 M
Total authorization $5 M$26.55 M$54.5 M $54.5 M$44.5 M$11.0 M$11.0 M

Program Purpose

The purpose of the Highway Use Tax Evasion program is to support the State and Federal efforts to enhance motor fuel tax enforcement.

Funding/Formula

  • Funds are allocated to the Internal Revenue Service (IRS) and the States.
  • A new provision requires that $2 million per year for 2004-2009 will be available only to carry our intergovernmental enforcement efforts, including research and training.
  • Funds will be allocated to the IRS -
    • To complete, operate, and maintain the excise summary terminal activity reporting system (of the total allocated to IRS, $10.5M in 2004, and $4.5M per year in 2005-2009 will be dedicated to this activity)
    • To complete, operate, and maintain a registration system for pipelines, vessels, and barges, and operators of such pipelines, vessels, and barges, that make bulk transfers of taxable fuel.
    • To establish, operate, and maintain an electronic database of heavy vehicle highway use tax payments.
  • Funds allocated to the States (100 percent Federal share) will supplement State highway use tax enforcement programs.
  • Continues to permit 1/4 of 1 percent of the Surface Transportation Program funds apportioned to a State each fiscal year, at 100 percent Federal share, to be used on initiatives to halt the evasion of payment of motor fuel taxes.

Program Changes

  • Requires annual reporting to the Secretary on examinations, criminal investigations, and audits by the States and the Internal Revenue Service (IRS).
  • Requires semiannual (March and September) reports from the IRS to the Secretary on the automated fuel tracking system.

Eligibility

Adds the following activities for which these funds can be used:

  • Identification of tax evasion in the area of foreign imported fuel
  • Assistance to States and Indian Tribes in addressing issues related to the collection of State motor fuel taxes.

HIGHWAY USER TAX ADMINISTRATION

Purpose

A number of modifications to the administration of highway-user taxes are designed to reduce evasion of Federal highway-user taxes. These modifications would enhance revenues to the Highway Trust Fund without raising highway-user taxes.

Changes to Fuel Tax Administration

  • Requires that only fuel transferred by registered pipeline, vessel, or barge would quality for the fuel tax exemption of bulk transfers to registered terminals or refineries.
  • Imposes civil penalties for the carrying of taxable fuels by unregistered pipelines, vessels or barges.
  • Requires that vessels used in transportation of fuels display proof of registration on vessel. Impose penalty for failure to display registration.
  • Requires that registered operators of terminals, refineries, pipelines, or vessels, or dealers in aviation fuel, with 25 or more reportable transactions per month file their information reports electronically for fuel tracking purposes.
  • Imposes civil penalties for refusal of entry to allow fuel related inspections.
  • Allows State or local fuel tax enforcement officers to inspect fuel tax records.

Changes to Heavy Vehicle Use Tax Administration

  • Require display of proof of payment decal/tax certificate on vehicles on which the Heavy Vehicle Use Tax has been paid.
  • Eliminate the option of paying the Heavy Vehicle Use Tax in quarterly installments.
  • Require that records relating to the Heavy Vehicle Use Tax be available for inspection by Federal and State enforcement agencies with responsibilities for such vehicles or taxes.

STATE INFRASTRUCTURE BANK PILOT PROGRAM

Program Purpose

The purpose of the State Infrastructure Bank (SIB) pilot program is to complement the traditional Federal-aid highway and transit programs by supporting certain projects that can be financed in whole or in part with loans or that can benefit from the provision of credit enhancements. By operating their own loan programs, states can gain more flexibility in financing their transportation projects.

Funding/Formula

  • No separate funding is provided for this program.
  • To capitalize a state infrastructure bank, a State may contribute up to 10 percent of its allocations for the National Highway System, the Surface Transportation Program, Interstate Maintenance, Bridge and Minimum Guarantee into the highway account of the SIB established by the State.
  • A State may also transfer 10 percent of the funds made available to the State, or other Federal transit grant recipient, for capital projects under Urbanized Area Formula Grants, Capital Investment Grants and Loans, and Other Than Urbanized Area programs into the transit account of the SIB established by the State.

Program Requirements

  • Limits participation to no more than five States.
  • Requires States interested in participating in the program to submit an application for evaluation based on criteria the Secretary establishes and identified in statute.
  • Applies the requirements of title 23 and title 49 United States Code to all projects financed by the SIB.
  • Establishes separate highway and transit accounts within the SIB.
  • Limits the amount of apportioned funds to be transferred to the bank to 10 percent of eligible funding categories.
  • Federal guidelines regarding project construction and development apply to all projects financed by SIBS capitalized with Federal funds provided under this Act.

TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT (TIFIA) PROGRAM

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $ 130 M$ 130 M$ 130 M $ 130 M$ 130M$ 130M$ 130M
Credit Limitation $2.6 B$2.6 B$2.6 B$2.6 B$2.6 B$2.6 B$2.6 B

Program Purpose

This program provides secured loans, loan guarantees, and lines of credit from the Federal government for surface transportation infrastructure projects of national or regional significance. Eligibility extends to any highway, transit or railroad project in excess of $50 million, and can include intermodal facilities, border crossing infrastructure, expansion of multi-State highway trade corridors, and other investments with regional and national benefits. The program leverages Federal funds by requiring private sector participation in project financing.

Funding

  • A total of $780 million of contract authority is provided to pay the estimated cost to the Federal government of providing credit assistance under TIFIA.
  • Annual credit assistance of up to $2.6 billion can be supported by the contract authority.
  • Repayment of the Federal credit instruments is required to come from tolls, user fees, or other dedicated revenue sources.

Eligible Projects

Projects must meet certain requirements in order to be eligible for funding under the TIFIA program:

  • Any highway or transit project eligible for funding under 23 U.S.C. or 49 U.S.C. 53 is eligible for TIFIA. Other eligible projects may include international bridges; intercity rail or bus projects; and freight rail projects. SAFETEA expands the eligibility of freight rail projects to be consistent with the proposed Freight Transportation Gateways program (section 1205).
  • Projects must meet the applicable Federal grant funding rules, including planning, right-of-way acquisition, competitive procurement and Buy America requirements Total eligible project costs must be at least $50 million. SAFETEA reduces this threshold from the current level of $100 million.

Program Requirements

  • The Secretary selects projects to receive TIFIA credit assistance through a competitive application process administered by the TIFIA Joint Program Office.
  • TIFIA projects are selected on the basis of eight statutory criteria, including national or regional significance; creditworthiness; private participation; accelerating project schedules; the use of new technologies; the use of budget authority; environmental stewardship; and the reduction of Federal grant assistance.
  • SAFETEA improves the usefulness of the line of credit, making it available to a borrower in order to avoid (instead of simply respond to) an event of default.

Federal Share

The amount of the Federal loan or line of credit may not exceed 33 percent of the anticipated eligible project costs.

PRIVATE ACTIVITY BONDS

Proposal Purpose

The purpose of this proposal is to encourage private participation on surface transportation infrastructure projects by expanding the types of projects eligible for exempt facility bonds to include highway facilities and freight transfer facilities. This allows private entities to operate major infrastructure projects while maintaining the tax-exempt status of the bonds issued to finance the projects. These projects would also be excluded from State volume caps so that they can be advanced without displacing other types of projects eligible for exempt facility bonds.

Funding/Formula

No separate funding is provided for this program.

Program Requirements

  • Highway facilities and surface freight transfer facilities are added to a list of other activities eligible for exempt facility bonds.
  • Exempt facility bonds issued for highway facilities and surface freight transfer facilities are not subject to the annual volume cap for private activity bonds, but they may not exceed $15 billion in the aggregate.

TOLL PROGRAMS

Program Purpose

  • Modifies tolling provisions for Federal-aid highways. The Interstate System Rehabilitation and Reconstruction Pilot Program, established under TEA-21 to permit States to collect tolls on the Interstate for the purpose of reconstructing and rehabilitating Interstate highway corridors, is modified to ease the eligibility requirement for participation in the pilot program.
  • The Variable Toll Pricing program, for alleviating congestion and reducing emissions, mainstreams the value pricing concept initiated in a pilot program under ISTEA and TEA-21.

Funding/Formula

No separate funding is provided for these programs. Toll revenues received under the variable pricing program will first be used for debt service, reasonable return on private fund investments, and operation and maintenance costs. A State or public authority may use excess revenues for eligible Title 23 projects if they certify that the toll facility is being adequately maintained.

Program Requirements

  • Interstate Toll Pilot:
    • Replaces strict requirement that tolls must be the only way to improve the facility, with a requirement that tolling be the most efficient, economical, or expeditious way to advance the project.
    • Continues provision limiting the number of pilot projects to 3 Interstate facilities, which must be in different States.
    • Continues requirement that, if a metro area is affected, the metropolitan planning organization must be consulted.
    • Continues limitation on use of toll revenues.
    • Continues to prohibit the use of Interstate Maintenance funds while the facility is being tolled.
  • Variable Pricing Program:
    • The Secretary may permit tolling on any highway, bridge, or tunnel, including Interstate, to manage existing high levels of congestion or reduce emissions in a nonattainment or maintenance area.
    • Agreement required identifying the goals to be achieved and associated performance measures.
    • Tolls must vary in price according to time of day, as appropriate.
    • State may permit vehicles with fewer than 2 occupants in HOV lanes as part of program.
    • The TEA-21 pilot program is repealed, but a State or public authority may continue to operate under existing agreements.
    • Federal share is not to exceed 80 percent.

COMMERCIALIZED REST AREA PILOT PROJECTS

Program Purpose

This new program provides authority for States to conduct pilot projects on Interstate Highways that would permit commercial operations at existing or new rest areas.

Funding/Formula

No separate funding is authorized for this program.

Program Features

  • Permits rest areas in the pilot projects to include commercial operations that provide goods, services, and information that benefit the traveling public and the commercial motor carrier industry, and as deemed appropriate by the States, including:
    • Commercial advertising and displays if such advertising and media displays are exhibited solely within any facility constructed in the rest area; and not legible from the main traveled way
    • Programs to provide commercial vehicle operators with special services designed to enhance motor carrier and highway safety
    • State promotional or tourism-oriented items.
  • States have one year from the date of enactment to submit proposals. Proposals must:
    • Describe the types of goods, services, and information to be provided
    • Include a plan for evaluating the results of the pilot projects
    • Help implement the strategies developed in the "Study of Adequacy of Parking Facilities" (required by TEA-21, sec. 4027)
    • Contain a review and update of the State's action plan for addressing commercial truck parking shortages.
  • The States may permit the commercial operations to be run by a private operator.

Limitations

  • The Secretary must:
    • Determine that these commercial rest area projects will meet all of the design standards applicable to rest areas on the Interstate system (including lighting, security, and safe access to the Interstate roadway)
    • Consider the benefit to the traveling public and the impact on local businesses
  • States must use the net income derived from the commercial operations for projects eligible under 23 USC.

INTERSTATE MAINTENANCE PROGRAM

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $4,218M$4,100M $4,100M $4,200M $4,400M $4,500M $4,700M

Program Purpose

The Interstate Maintenance (IM) program provides funding for resurfacing, restoring, rehabilitating and reconstructing (4R) most routes on the Interstate System.

Distribution of Funds

  • Continues current apportionment formula, including 1/2 percent minimum combined IM and NHS apportionments.
  • Does not extend the authorization in 23 USC 118(c) to set aside funds for the Interstate Maintenance Discretionary program.

Other Provisions Relating to Interstate Highways

  • Tolling -- modifies tolling provisions (see separate fact sheet, "Toll Programs")
    • Modifies Interstate System Rehabilitation and Reconstruction Pilot Program, established under TEA-21 to permit States to collect tolls on the Interstate for the purpose of reconstructing and rehabilitating Interstate highway corridors, to ease the eligibility requirement for participation in the pilot program.
    • Mainstreams variable toll pricing, for alleviating congestion and improving air quality.
  • Commercialized Rest Area Pilot Projects: Authorizes the Secretary to conduct pilot projects to acquire, construct, operate, convert, and maintain rest areas along Interstate highways. (see separate fact sheet, "Commercialized Rest Area Pilot Projects")
  • Exemption of the Interstate System: Exempts the Interstate Highway System, unless determined otherwise by the Secretary, with the advice of the Department of Interior, from consideration under both .303 and .106 processes as an historic property of national, State, or local significance. The exemption would relieve the States and Divisions of being unnecessarily burdened with compliance with these statutes as they work to upgrade or improve the Interstate system. The Advisory Council on Historic Preservation and the Federal Highway Administration are working to achieve the objective of this section through an administrative exemption, using a provision of the regulations that implement Section 106. If we are able to make progress towards such an administrative solution, we will advise the Congress that this additional legislation is no longer needed.
  • Use of High-Occupancy Vehicle (HOV) Lanes: This section would amend section 102(a) of title 23, U.S.C., to clarify existing law and provide more flexibility to State and local agencies for effective management of HOV facilities.
  • Future Interstate System Routes: Replaces the 12-year limit with a 25-year limit for designation of routes as future Interstate routes, to provide States ample opportunity to substantially complete construction of those routes, before the States must forfeit future Interstate designation status.

NATIONAL HIGHWAY SYSTEM PROGRAM

Year 2003 (TEA-1) 2004 2005 2006 2007 2008 2009
Authorization $5,061M$5,000M $5,000M $5,100M $5,200M $5,400M $5,438 M

Program Purpose

This program provides funding for improvements to rural and urban roads that are part of the NHS, including the Interstate System and designated connections to major intermodal terminals. Under certain circumstances, NHS funds may also be used to fund transit improvements in NHS corridors.

Distribution of Funds

Continues current apportionment formula, including:

  • Territorial Highways Program Setaside of $36.4 million for carrying out 23USC 215 (1808(b))
  • Alaska Highway Extends $18.8 million annual set-aside, currently authorized through 2002 in 23USC 104(b)(1)(A), for 2004-2009.

Freight Intermodal Connectors Creates a new program for freight intermodal connections to the NHS and connectors to strategic military deployment ports. The amount of funds available to a State will be a percentage of its apportionment, determined by the number of miles of (freight/strategic) connectors in a State compared to the total NHS miles in that State; must be at least 2 percent of the State's total NHS apportionment. Exemption from set-aside allowed if State shows that connectors in the State are in good condition and providing an adequate level of service.

Eligibility

New eligibilities in the use of NHS funds are provided for:

  • Environmental restoration and pollution abatement To mitigate impacts of any transportation project funded under Title 23 (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degradation caused or contributed to by transportation facilities.
  • Invasive species control efforts Allows participation in the control of invasive plant species and the establishment of native species related to projects funded under Title 23, which may include participation in statewide inventories of both invasive and desirable plant species and regional native plant habitat conservation and mitigation plans.
  • Brownfield remediation Remediation associated with the construction of a project funded under this Title 23 on a brownfield site is eligible.
  • Real-time system management information program Subject to project approval by the Secretary, a State may obligate NHS funds for activities related to the planning and deployment of real-time monitoring elements.

FREIGHT TRANSPORTATION GATEWAYS
FREIGHT INTERMODAL CONNECTORS

Program Purpose

The purpose of the Freight Gateways program is to institutionalize freight considerations and needs into the traditional transportation development process and increase investments for intermodal improvements at our major freight gateways and connectors. In the interests of international freight security, quality of life in and around key freight gateways, and in recognition of the expected increase in congestion in these same areas, the Nation's transportation system and its intermodal connectors must be prepared to accommodate expected traffic increases in an efficient and safe manner.

This program broadens the flexibility of States and metropolitan planning organizations in meeting today's complex freight challenges through a combination of eligibility changes, innovative finance emphasis, and targeted investment.

Systemic, intermodal improvements for freight movement into and through major trade transport gateways and hubs, and improvements to the transportation infrastructure that connect these gateways to the Nation's mainline transportation networks will relieve congestion related to high levels of truck traffic and facilitate the movement of military vehicles and equipment.

Funding/Formula

No separate funding is provided. Federal-aid funds may be used as follows:

  • STP - freight gateways: Adds eligibility to Surface Transportation Program allowing a State to use its STP funds for publicly owned intermodal freight transportation projects that provide community and highway benefits by addressing economic, congestion, security, safety, and environmental issues associated with freight transportation gateways.
  • NHS - intermodal connectors: Dedicates funds from each State's NHS apportionment -
    • amount in each State determined by the proportion of freight/STRAHNET(Strategic Highway Network) connector miles in the State compared to the total NHS mileage in the State
    • minimum of 2 percent of State's NHS apportionment
    • exemption allowed if State shows that connectors in the State are in good condition and providing an adequate level of service.
  • TIFIA: Definition of "project" for the Transportation Infrastructure Finance and Innovation Act (TIFIA) program is amended to include "a public or private freight rail facility."
  • Private Activity Bonds: Surface freight transfer facilities are added to a list of other activities eligible for exempt facility bonds.

Federal Share

Up to 90 percent Federal share for freight and STRAHNET connector improvements projects.

Eligibility

Surface Transportation Program (STP) Funds

  • Publicly-owned intermodal freight transfer facilities
  • Access to such facilities
  • Operational improvements for such facilities (including capital investment for Intelligent Transportation Systems

National Highway System (NHS) Funds

  • NHS routes connecting to intermodal freight terminals identified according to criteria set forth in the report to Congress entitled "Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals" dated May 24, 1996, as modified
  • STRAHNET connectors to strategic military deployment ports.

Program Features

  • Defines 'freight transportation gateway' as a nationally or regionally significant transportation port of entry or hub for domestic and global trade, military mobilization, and includes freight intermodal and Strategic Highway Network connections that provide access to and from these gateways.
  • Integration into project development - Each State must ensure that intermodal freight transportation needs are integrated into the project development process, including transportation planning.
  • Freight transportation coordinator position - Requires each State to designate a coordinator, who will be responsible for fostering public and private collaboration in regional solutions to freight transportation and freight gateway problems.
  • States and localities are encouraged to adopt innovative financing strategies for freight gateway improvements, including new user fees and private sector investment.

HIGHWAY BRIDGE PROGRAM

Year 2003 (TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $3,619 M$3,400 M$3,500 M$3,700 M$3,800 M$3,900 M$4,000 M

Program Purpose

Formerly the Highway Bridge Replacement and Rehabilitation Program, this program provides funds to assist States in improving the condition of their bridges through replacement, rehabilitation, and systematic preventative maintenance.

Funding/Formula

  • Continues current apportionment formula, including guaranteed minimum of 0.25 percent to each State, with no State receiving more than 10 percent.
  • Eliminates set-aside for Bridge Discretionary program.

Program Changes

  • Adds systematic preventive maintenance as an eligible use of funds, consistent with section 116(d) of the NHS Designation Act.
  • Removes requirement that a bridge must be determined "significantly important" to be eligible for funding.
  • A State may carry out a project for preventive maintenance, seismic retrofit, or install scour countermeasures without regard to whether the bridge is eligible for replacement or rehabilitation.
  • Off-system bridges:
    • Continues requirement that a minimum of 15 percent of a State's apportioned funds be expended for bridge projects located on other than Federal-aid highways.
    • Eliminates 35 percent cap.
    • Allows bridge funds to be used for preventive maintenance on off-system bridges.
  • Amends Historic Bridge Program to correct a conflict with the use of other Federal-aid funds for historic bridge preservation and increases the allowable limits under the Highway Bridge Program.
  • Precludes highway bridges from being treated as "water resources projects" under the Wild and Scenic Rivers Act.

SURFACE TRANSPORTATION PROGRAM

Year 2003 (TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $5,905M$5,102M $5,202M $5,402M $5,514M $5,714M $5,807M

Program Purpose

The Surface Transportation Program (STP) provides a flexible source of funds to be used on surface transportation infrastructure projects (except local streets and roads currently not eligible).

Distribution of Funds

  • Continues current apportionment formula, retaining set asides/sub-allocations for:
    • Railway-Highway Crossing Hazard Elimination in High Speed Rail Corridors -- $5.25 million per year
    • 10 percent for Transportation Enhancements
    • Not to exceed $10 million per year each for On-the-Job Training Supportive Services and Highway Skill Training
    • Urbanized areas with populations over 200,000
    • Special rule for areas of less than 5,000 population
  • Changes to current set asides:
    • Safety programs: eliminates 10 percent set-aside from STP funds for safety construction programs (rail-highway crossings and hazard elimination), which will be funded through the newly created Highway Safety Improvement Program.
    • Operation Lifesaver: increases amount of setaside from $500,000 to $600,000 per year, to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities at railway-highway crossings.
  • Creates new set asides for:
    • Planning Capacity Building: $20 million per year for research, program development, information collection and dissemination, and technical assistance to support enhancements in transportation planning.
    • Bicycle and Pedestrian Safety Grants: $500,000 per year for 2004 through 2009 to provide dedicated funding for the continuation of the national bicycle and pedestrian clearinghouse.
    • Transportation, Community, and System Preservation Program: $26 million per year for 2004 through 2009 for "mainstreaming" this former discretionary pilot program.

Eligibility

New eligibilities in the use of STP funds are provided for:

  • Intermodal freight transportation projects: STP funds may be used for publicly owned intermodal freight transportation projects that address economic, congestion, security, safety, and environmental issues associated with freight transportation gateways. Eligible projects include publicly-owned intermodal freight transfer facilities, access to such facilities, and operational improvements for such facilities (including capital investment for Intelligent Transportation Systems). Projects located in port terminals limited to transportation infrastructure modifications necessary to facilitate direct intermodal access into and out of the port.
  • Environmental restoration and pollution abatement To mitigate impacts of any transportation project funded under Title 23 (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degradation caused or contributed to by transportation facilities.
  • Invasive species control efforts: Allows participation in the control of invasive plant species and the establishment of native species related to projects funded under Title 23, which may include participation in statewide inventories of both invasive and desirable plant species and regional native plant habitat conservation and mitigation plans.
  • Brownfield remediation: Remediation associated with the construction of a project funded under Title 23 on a brownfield site is eligible.
  • Transportation system management and operations: Funds may be used for regional transportation operations collaboration and coordination activities that are associated with regional improvements, such as traffic incident management, technology deployment, emergency management and response, traveler information, and regional congestion relief.
  • Real-time system management information program: Subject to project approval by the Secretary, a State may obligate STP funds for activities related to the planning and deployment of real-time monitoring elements.

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $450 M$450 M$450 M$450 M$450 M$450 M$450 M

Program Purpose

The Appalachian Development Highway System (ADHS) Program continues funding for the construction of the Appalachian corridor highways in 13 States to promote economic development and to establish a State-Federal framework to meet the needs of the region.

Funding/Formula

  • Funded by contract authority, to remain available until expended.
  • Funds are subject to the overall Federal-aid obligation limitation, and will receive no-year obligational authority equal to the authorization level.
  • Funds will be apportioned among the States based on the latest available cost to complete estimate prepared by the Appalachian Regional Commission.
  • Funds are subject to administrative takedown of up to 1.4 percent.

Eligible Use of Funds

  • Funds shall be available to construct highways and local access roads under Section 201 of the 1965 Appalachian Act.
  • The use of toll credits is prohibited on the Appalachian Development Highway System.

Federal Share

The Federal share remains at 80 percent.

FEDERAL LANDS HIGHWAYS PROGRAM

Year 2003 (TEA-21) 2004 2005 2006 2007 2008 2009
Indian Reservation Roads $275 M$333 M$333 M$333 M$333 M$333 M$333 M
Recreational Roads  $50 M$50 M$50 M$50 M$50 M$50 M
Park Road and Parkways $165 M$300 M$310 M$320 M$320 M$320 M$320 M
Refuge Roads $20 M$30 M$30 M$30 M$30 M$30 M$30 M
Forest Highways $162.4 M$200 M$200 M$200 M$200 M$200 M$200 M
Safety  $40 M$40 M$40 M$40 M$40 M$40 M
Public Lands Highways Discretionary $83.6 M      
Total $706 M$953 M$963 M$973 M$973 M$973 M$973 M

Program Purpose

The Federal Lands Highway Program (FLHP) provides funding for a coordinated program of public roads, bridges and transit facilities serving Federal and Indian lands.

Program Structure

  • Adds the following new program categories:
    • Recreational Roads Program -- provides funding for public roads that provide access to museums, lakes, reservoirs, visitors centers, gateways to major wilderness areas, public use areas, recreation and historic sites for which title is vested in the U.S. Government.
    • Safety Program -- provides funding to Federal Land Management agencies for transportation safety improvement projects, collection of safety information, transportation planning, bridge inspections, development and operation of safety management systems, highway safety education programs and other eligible activities under Chapter 4 of title 23, U.S.C.
  • Continues the Forest Highway, Indian Reservation Roads, Park Road and Parkways, and Refuge Roads programs.
  • Discontinues the Public Lands Discretionary Program.

Program Changes

  • Forest Highway Program: No changes proposed to program procedures, project selection, use of funds or forest highway definition.
  • Federal Share Payable: Expands the ability of Federal land managing agencies to pay the non-Federal share of any Federal-aid project funded under 23 U.S.C. 104 to all title 23 Federal-aid highway programs and the Federal transit program funded under Chapter 53 of title 49 by using their own appropriated funds or FLHP funds.
  • Indian Reservation Roads (IRR) Program: Revises the date on which the new IRR fund distribution formula regulation is published from April 1999 to April 2004, and the year in which the new formula is implemented from October 1999 to October 2004. Allows the use of IRR Bridge funds to be used for design as well as construction. Clarifies that an approved IRR Transportation Improvement Program is needed before entering into contracts or agreements under the Indian Self-Determination and Education Assistance Act.
  • Recreational Roads Program: Recreation roads under the jurisdiction of the Bureau of Land Management, Bureau of Reclamation, Department of Defense, Forest Service, and U.S. Army Corps of Engineers are now eligible for funding. Maintenance and improvement projects addressed in the land use management plan for the Federal area do not require any additional environmental reviews or assessments.
  • Safety Program: This program provides dedicated funds for transportation safety improvement projects, collection of safety information, development and operation of safety management systems, transportation planning, bridge inspection, highway safety education programs, and other eligible activities in Chapter 4 of title 23, U.S.C. Funding will be available to the Bureau of Reclamation, Bureau of Indian Affairs, Bureau of Land Management, Forest Service, Fish and Wildlife service, Military Traffic Management Command, National Park Service and the U.S. Army Corps of Engineers.
  • Refuge Roads: Expand the use of refuge road funds to include interpretive signage, maintenance of public roads in national fish hatcheries, payment of the non-Federal share of Federal-aid highway and transit projects, and maintenance and improvement of recreational trails. Funding used for trails would be limited to 5 percent of available funding per fiscal year.
  • Park Roads and Parkways: No changes proposed to program procedures, project selection, use of funds and park road or parkways definitions. Program increases are in alignment with the President's goal to fix roads within national parks.
  • Lake Tahoe (CA/NV) planning and projects: No change to this part of the program. This provision is moved to Chapter 53 of title 49, U.S.C.

Obligation Limitation

  • FLHP funds are subject to the overall Federal-aid obligation limitation each year.
  • Program will receive obligational authority equal to the authorization level.
  • Full obligation limitation is provided for future fiscal year carryover FLHP funds.

Definitions

  • The definition for "forest development roads and trails" was changed to align with terms used by the U.S. Forest Service.
  • A definition for "Public Forest Service Road" was added.
  • A definition for "recreation roads" was added.
  • The new definition for "public lands highway" that was added by TEA-21 was changed to align with current Federal land terms.
  • The old definition for "public lands highways" was deleted.
  • The definition for "federal lands highway " was changed.

Funding Transfers

Allows direct transfers of apportioned funds to Federal agencies, including the Federal Lands Highways Program, upon State request.

Transit

(Note: for more detailed information, see FTA fact sheets)

In addition to FHWA's Federal Lands Highways program, transit funds are authorized for programs on Federal lands as follows:

  • Indian Reservation Rural Transit Program provides grants to Indian tribes to establish, operate and maintain rural transit programs on Indian reservations and other tribal lands.
  • National Park Legacy Project allows the Secretary to make grants to provide transit service to any Federally owned or managed park, refuge, or recreational area that is open to the general public.

Environment

Refuge roads are exempt from the 4(f) provision.

TRIBAL TRANSPORTATION PROVISIONS

Transfer of Highway and Transit Funds

Allows a State to transfer apportioned Highway Trust Funds to another Federal agency. The project can be administered by the Federal agency under its procedures. This would make it possible for States to transfer funds to the Bureau of Indian Affairs (BIA). The BIA could then administer projects under their procedures including contracting with Indian tribe under the Indian Self-Determination and Education Assistance Act (ISDEAA).

Planning Capacity Building Initiative

Funds could be used to enhance Indian tribes' ability to conduct joint transportation planning. Allows Secretary to enter into grants with tribal governments and tribal consortiums.

Federal Lands Highways Program

  • Changes current language in 23 USC 132 for projects undertaken by a Federal agency pursuant to an agreement between State and Federal agency. It adds a method that allows for transfer directly to the Federal agency.
  • Current legislation allows all funds under Title 23 to be used by Indian tribes under the ISDEAA. Proposed language allows only funds under Chapter 2 and 125(e) (Emergency Relief) to be used in accordance with the ISDEAA and the approved Indian Reservation Road Transportation Improvement Program (IRR TIP).
  • Allows IRR bridge funds to be used for preliminary engineering. Current law only allows the use of funds for construction available after approval of PS&E.
  • Provides funds for Federal agencies for safety projects; 15 percent of the total funds to be allocated to BIA. The Secretary of Transportation and Secretary of the appropriate Federal agency may enter into contracts or agreements with Indian tribes for safety projects.

Emergency Medical Services

Provides 3/4 of one percent to the Secretary of Interior for coordination of the Nationwide Emergency Medical Services Program.

Tribal Technical Assistance Centers

Establishes the Federal share of the cost of the activities to be 100 percent.

Formula Grants for Other Than Urbanized Areas

Establishes an Indian Reservation Rural Transit Program for States to provide transit funds to tribal governments. Provides for distribution of funding based on a plan developed by the State.

Transportation Planning

Moves the Metropolitan and Statewide Planning provisions from sections 134 and 135 in Title 23 USC and Chapter 53 of Title 49 into a new chapter 52 of Title 49. Proposed sections include:

  • Each State shall consider, at a minimum the concerns of Indian tribal governments.
  • The statewide transportation plan shall be developed in consultation with the tribal governments.
  • State Transportation Improvement Program (STIP) shall be developed in consultation with the tribal governments.

INTELLIGENT TRANSPORTATION SYSTEMS
PERFORMANCE INCENTIVE PROGRAM

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $ 85 M *$135 M$135 M $135 M$135 M$135 M$135 M

* for comparability, the TEA-21 authorization for ITS Integration Program is shown

Program Purpose

This is a new formula program designed to provide States with financial incentives to support the deployment and integration of intelligent transportation systems based on the performance of these systems in reducing traffic congestion, improving transportation system reliability, providing better service to users of the highway system, and improving safety and security. This program builds upon the ITS Integration Program, a discretionary deployment incentives program authorized in TEA-21.

Funding/Formula

  • Funds are subject to the overall Federal-aid obligation limitation.
  • Requires the Secretary to issue regulations establishing a funding formula based on criteria that reflect each State's:
    • Reductions in delay due to incidents
    • Improvements in the operation and safety of signalized intersections
    • Reductions in delay and improvements in safety of work zones on the National Highway System
    • Improvements in the efficiency and reliability of transit services
    • Overall improvement in integrated regional transportation operations
    • Improvements in the quality and availability of traveler information
    • Improved crash notification; and
    • Improvements in the safety and productivity of commercial vehicle operations on the National Highway System.
  • Until the formula is established, funds will be apportioned to the States according to the National Highway System (NHS) formula.
  • Once established, the formula will be phased in over a 3-year period as follows:
    • First fiscal year -- 50 percent according to the new formula, 50 percent according to the NHS formula.
    • Second fiscal year - 75 percent according to the new formula, 25 percent according to the NHS formula.
    • Third and subsequent fiscal years -- entirely based on the new formula.

Use of Funds

  • For projects involving planning, deployment, integration, and operation of intelligent transportation systems, or any other project or activity designed to further improve system operations.
  • Funds should be made available for projects in metropolitan planning areas, corridors, and other regions as appropriate.

Federal Share

The Federal share payable will be 80 percent with exceptions provided for in section 120(b) of title 23.

REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM

Program Purpose

This new program is designed to establish the nationwide capability to monitor, in real-time, the traffic and travel conditions of our Nation's major highways and to widely share that information to improve the security of the surface transportation system, address congestion problems, support improved response to weather events, and facilitate national and regional traveler information.

Funding/Formula

  • No separate funds are provided.
  • Expanding eligibilities of current programs as follows:
    • Planning and deployment of real-time monitoring elements will be eligible use of National Highway System (NHS) and Surface Transportation Program (STP) funds
    • Planning of real-time monitoring elements would also be eligible under State Planning and Research Funds (SPR).

Program Requirements

  • Requires the Secretary to establish data exchange formats (for disseminating data among public sector entities and with the private sector) within one year of enactment of the bill.
  • Requires each State to establish a statewide incident reporting system within two years of enactment of this bill.
  • Directs State and local governments to explicitly address real-time highway and transit needs and the systems needed to meet those needs including coverage, monitoring systems, data fusion and archiving, and methods of information sharing and exchange within their intelligent transportation system regional architecture.
  • Encourages States to incorporate explicitly the data exchange formats developed by the Secretary.

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS

Year 2003(TEA-21) 2004 2005 2006 2007 2008 2009
Authorization $ 35.5 M *$ 25 M$ 25 M $ 25 M$ 25M$ 25M$ 25M

* for comparability, the TEA-21 authorization for Commercial Vehicle ITS Infrastructure Deployment is shown

Program Purpose

The purpose of this program is to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial vehicle operations, including commercial vehicle, commercial driver, and carrier-specific information systems and networks. These funds will complete the core development of Commercial Vehicle Information Systems and Networks (CVISN) and encourage expanded deployment through grants to States.

Funding/Formula

Funds are subject to the overall Federal-aid obligation limitation and will receive obligational authority equal to the authorization level.

Program Requirements

  • Core deployment grants: Eligible States may receive an aggregate amount not to exceed $2.5 million, including funds previously received for CVISN core deployment (under sections 4001(e) and 5001(a)(5) and (6) of TEA-21).
  • Expanded deployment grants: Each year, any remaining funds not distributed as core deployment grants may be distributed as expanded deployment grants equally among eligible States, but not to exceed $1 million per State.
  • Funds may only be used for the core or expanded deployment of CVISN.
  • In order to qualify for core deployment grants, States must:
    • Have a CVISN program plan;
    • Certify that its CVISN deployment is consistent with the national ITS architecture and standards; and
    • Agree to interoperability tests.
  • States