Transportation Enhancements

Transportation Enhancements
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
23USC 101 & 133
10% setaside of Surface Transportation Program Funds	Same as current law	Same as current law	Same as current law
State may apply funds from other Federal agencies to the non-Federal share of the project; and the non-Federal share may be calculated on a project, multiple-project, or program basis.	Same as current law	Same as current law	Same as current law
Up to 25 percent of difference between the TE set-aside for a fiscal year and the TE set-aside for FY 1997 may be transferred to IM, NHS, CMAQ, HBRRP, and/or Rec. Trails.	Same as current law	Same as current law	Same as current law
TE activities must relate to surface transportation. TE eligibilities include: provision of safety and educational activities for pedestrians and bicyclists; scenic or historic highway programs including provision of tourist and welcome center facilities; environmental mitigation to reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and establishment of transportation museums.	Same as current law	Same as current law	Minor definition changes. Adds historic battlefields as an eligible acquisition. [ 3]
No comparable provision	No comparable provision	No comparable provision	Requires Secretary to encourage State to give priority to pedestrian and bicycle facility enhancement projects that include a coordinated physical activity or healthy lifestyles program. [1823]
No legislative provision, but some administrative flexibility to delegate some responsibilities to States	Allows the Secretary to assign some or all of the Department's responsibilities under Federal law to a State agency for eligible TE activities. A MOU is required for assumption of responsibilities. States my continue to provide TE subgrants to tribal governments. [1815]	Under a pilot program, up to 5 States may assume the Secretary's responsibilities under Federal law that are applicable to Transportation Enhancements, 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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