Federal Lands Highways Program

Federal Lands Highways Program
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
	Section 1804	Section 1120	Section 1806
Program categories: Park Roads and Parkways, Indian Reservation Roads, Public Lands Highways (Public Lands Highways Discretionary & Forest Highways), Refuge Roads.	Adds new categories: Safety, Recreation Roads. Discontinues: Public Lands Highways Discretionary Program. [1804(d)2]	No change to current law	Adds new categories for Safety and Recreation Roads [1806 (f) & (g)]; does not eliminate Public Lands Discretionary [1806(c)(2)]. Adds operation and maintenance of transit facilities as an eligible use of funds. [1806(d)]
FLHP and/or appropriated Federal land management agency (FLMA) funds may be used to match Title 23, Sec. 104 funds (IM, NHS, STP, CMAQ).	Expands the FLHP and/or FLMA fund match to all Title 23 FAH programs and transit programs under Chapter 53 of Title 49. [1804(b)]	No change to current law	Same as Administration bill [1806(a)]
No authority to transfer funds.	Allows direct transfer of apportioned funds to Federal agencies upon State request. [1804(c)]	No comparable provision	Same as Administration bill [1806(b)]
	Revisions in definitions.	Does not include Administration bill's revised definitions	Similar to Administration bill
	Exempt from 4(f) if project is to serve or enhance Federal land [1604(d)]	No comparable provision	Secretary may make a finding of de minimis impact for a refuge road transportation improvement program [1514]
Forest Highways
	No comparable provision	Allows up to $20 M/year to be used for maintenance, $2.5 M/year to repair culverts and bridges to facilitate fish passage, and $1 M/year for hunting and fishing signage. [1121(b)]	Requires $14.1 M/year of forest highways funds to be used to improve passage of aquatic species beneath roads [1817]
Park Roads
Park Roads - funds allocated based on relative need	No change to current law.	No change to current law	Minimum 3% of funds to States with more than 50% of acreage in National Park System, to be used for park transportation projects. [1101(9)(C)(ii)] Adds new provision to give priority funding to roads in older and more heavily visited National Parks, especially those adjacent to a National Park of a foreign country. [1806(c)]
Indian Reservation Roads (IRR)
Must issue regs and establish funding distribution formula under a negotiated rulemaking by April 1, 1999; implemented by October 1999. Maintenance of IRR -- up to 15% of IRR funds may be used for road sealing; BIA responsible for road maintenance.	Changes dates for new IRR fund distribution formula regulation from 1999 to 2004; allows IRR funds to be used for bridge design as well as construction. [1804(d)]	Same as current law, but adds requirement that allocations of IRR funds to Alaska must be based on a specified inventory of roads. Beginning 10/1/04, Sec'y may use up to 3% of IRR funds to pay interest on tribal transportation debt on Indian reservation roads. Authorizes amounts beginning in 2006 that may be used by Sec'y of Interior for management oversight and project-related administrative expenses. [1120]	Changes dates for new IRR fund distribution formula to begin in 2005; Sec'y of Interior to make funds available to eligible tribes within 30 days; projects must be in approved TIP. Limits BIA admin expenses for IRR to 6% of CA. Provisions for meeting health/safety standards before PS&E or construction. Up to 25% of IRR funds may be used for maintenance, excluding road sealing; funds not subject to any limitation. BIA retains primary responsibility, including funding, for road maintenance. [1806] Authorizes Tribal-State road maintenance agreements; Secretary must submit annual report [1816]
	No comparable provision	Expands provisions relating to tribal governments' management of their IRR funds if they demonstrate financial management capability to the Secretary. Authorizes Sec'y to enter into a funding agreement with tribe or tribal government to carry out highway or transit project providing access to a reservation or Indian community.	FLHP Demonstration Project-- Secretary to establish a demonstration project wherein tribes can contract directly with the Secretary using the Indian Self-determination and Educational Assistance Act procedures; report to Congress by 9/30/06. [1806]
IRR bridges - reserves $13M/year to replace, rehabilitate, seismically retrofit, anti- or de-icing, scour countermeasures for deficient IRR bridges.	IRR bridges - Expands use of funds to include design.	Amends current law to limit the amount that may be spent on bridge preconstruction activities, such as engineering and design, to 15 percent.	IRR bridges - Authorizes separate funding, and increases to $14.1 M/year. Expands use of funds to include design. [1806]
	No comparable provision	Requires DOT to establish a new political position, to be appointed by the President, for Deputy Assistant Secretary for Tribal Government Affairs	No comparable provision
	No comparable provision	Alaska Native Village transportation program to be established by Sec'y and Denali Commission. [1120(g)]	No comparable provision
Refuge Roads
	Expands eligible use of funds to include interpretative signage, maintenance of public roads in National Fish Hatcheries. [1804(e)(3)]	Expands eligible use of funds to include construction of refuge roads and bridges and to construct, improve or maintain wildlife observation infrastructure. [1121]	Same as Administration bill
Recreation Roads
	Under jurisdiction of Bureau of Reclamation, Army COE, BLM, Military Management Traffic Command (DOD), and FS; provides percentages for distribution of funding; (existing roads, not new construction). [1804(g)]	No comparable provision	Similar to Administration bill, but doesn't include Military Traffic Management Command [1806(f)]
Safety
	Dedicated funds for transportation safety improvement projects, collection of safety information, safety management systems, planning, bridge inspection, highway safety education, etc, to be available to Federal land management agencies. [1804(f)]	No comparable provision	Similar to Administration bill, but doesn't include Military Traffic Management Command [1806(e)]
Other Federal Lands Provisions
	No comparable provision	No comparable provision	Add'l Funding for States with Indian Reservations: Provides $1.8 M/year for maintenance of county roads that carry school bus traffic on or near Indian Reservations; to be shared equally by States having an Indian Reservation over 10 million acres. Supplements funds provided by the Bureau of Indian Affairs. [1826]
	No comparable provision	Wildlife Vehicle Collision Reduction Study - Sec'y to study methods to reduce collisions between motor vehicles and wildlife; report to Congress within 2 years after enactment; develop manual, training course. [1121(c)]	No comparable provision

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