Recreational Trails Program

Recreational Trails 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 1606	Section 1119	Section 1603
Formula program authorized at $270 million over 6 years.	Continues program funding over 6 years.	Program is funded at $507.9 M over 6 years	Program is funded at $280.7 M over 5 years.
Federal share is 80%; up to 95% including add'l funds from Federal agency project sponsors.; other Federal funds may be used to match.	Amends to permit use of FAH sliding scale and to allow Recreational Trails funds to match other Federal funds.	Allows use of FAH sliding scale and use of Rec Trails funds to match other Federal funds	Amends to permit use of FAH sliding scale and to allow Recreational Trails funds to match other Federal funds.
States encouraged to use qualified youth conservation or service corps to perform trail construction and maintenance.	State must use at least 10% of RTP funds with qualified youth conservation corps for recreational trail activities	Encourages the States to enter into contracts and agreements with youth conservation or service corps.	State must use at least 10% of RTP funds with qualified youth conservation corps for recreational trail activities
The Governor designates agency to administer the program (can be other than State DOT). The State must have a State Recreational Trail Advisory Committee that represents both motorized and nonmotorized recreational trail users; must meet at least once/year.	Amends provisions on State recreational trails committees: membership must reflect motorized/nonmotorized funding split (at least 30% each); must meet at least once a year; must be used to develop statewide Recreational Trails Program, including project ranking & recommendations. Must meet committee requirements within a fiscal year, or be ineligible for funding the following year.	No change from current law.	Same as current law
States must meet minimum funding among motorized, non-motorized and diverse trail use: 40% for diverse trail use; 30% for motorized recreation; and 30% for nonmotorized recreation. The State committee may waive the 30% requirements.	Same as current law, except the authority of the committee to waive the 30% requirements is eliminated.	Same as current law, except the authority of the committee to waive the 30% requirements is eliminated.	Same as current law
Eligible project categories provided; State administrative costs limited to 7%; operation of education programs limited to 5%.	Broadens permissible uses of RTP project funds and educational funds. Retains current limits on State administrative cost and operation of education programs.	Broadens permissible uses of RTP project and educational funds. Retains the 7% and 5% limits on administrative and operation of education programs respectively.	Broadens permissible uses of RTP project funds and educational funds. Retains current limits on State administrative cost and operation of education programs.
The RTP is exempt legislatively from 23 USC 138 and 49 USC 303. Most RTP projects are also exempt from sections 112, 113, and 114 of 23 USC because they are not on Federal-aid highway right-of-way.	Exempts the RTP from requirements more appropriate for large highway projects: highway contracting requirements; maintenance of the Federal-aid highway system by State DOTs; state and metropolitan planning requirements; bike and ped requirements; and use of highway tolls.	No exemptions from highway program requirements.	The RTP is not subject to sections 112, 114, 116, 134, 135, 138, 217, or 301 of Title 23 and section 303 of title 49. The RTP is not exempted from section 113 - Prevailing Wage.
No legislative provision, but some administrative flexibility to delegate some responsibilities to the States	Secretary may assign to State some or all responsibilities under Federal law, except those relating to federally-recognized tribes, that are applicable to Recreational Trails projects. MOU required between Secretary and the State; must be renegotiated every 3 years; Secretary must conduct annual compliance reviews for the first 3 years and periodically thereafter. [1815]	Under a pilot program, up to 5 States may assume the Secretary's responsibilities under Federal law that are applicable to Recreational Trails projects, except those responsibilities relating to federally recognized tribes, A MOU is required between the Secretary and the State and must be renegotiated at least every 3 years. The Secretary must review compliance and consider this in decision to renew MOU, [1207]	No comparable provision

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