Program Administration

Program Administration
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
Provides for transfer of highway and transit funds to/from FHWA/FTA.	Provides for transfer of highway and transit funds to/from FHWA/FTA, to other Federal agencies, and between/among States and FHWA to facilitate pooled fund studies. [1302]	No comparable provision	Similar to Administration bill, no reference to pooled fund studies. [1302]
No comparable provision	Eliminates the requirement that only the Governor can certify a State’s public road mileage for highway safety programs. [1404]	No comparable provision	No comparable provision
No comparable provision	Requires States to indemnify the United States when using Federal-aid funds on railbanked property. [1617]	No comparable provision	No comparable provision
No comparable provision	Allows a territory of the United States to undertake a ferryboat project crossing international waters using Federal funding. [1814]	No comparable provision	No comparable provision
Sliding Scale
States with large amounts of Federal lands may have their Federal share of certain programs (IM, NHS, STP, CMAQ, Appalachia, Borders/Corridors, Metro Planning) increased to up to 95%, based on the percentage of their total land area that is under Federal control.	The calculation of sliding scale is simplified; States electing the increased Federal share no longer have to enter into an agreement; Requires an adjustment to sliding scale rates as necessary. [1301] Recreational Trails funds are eligible for sliding scale. [1606]	Makes Recreational Trails funds eligible for sliding scale. [1119(d)]	Requires the Secretary to use the maximum Federal share allowable under Section 120, as adjusted, unless the State agrees otherwise. [1301] Broadens use of sliding scale to other programs [Scenic Byways, Rec. Trails, Bridge, research funds funded in 2001(a), SPR, CVISN]. [1602, 1603, 1808, 2001(b)(1), 2101(507 &527)]
Donations and Credits
Allows contributions by local government of real property, funds, or materials to be used to match Federal funds.	Expands to allow the value of donated services provided by local government employees to be credited to the non-Federal share for projects using Title 23 funds. [1810]	No comparable provision.	Same as Administration bill. [1820]
Puerto Rico Highway Program
Provides a total of $660 million in contract authority, subject to the obligation limitation for FYs 1998-2003. This lump sum is in lieu of apportionments, since Puerto Rico is not defined as a State for purposes of apportioning funds under 23USC 104(NHS, CMAQ, STP, IM), 105(Minimum Guarantee), 144(Bridge), and 206 (Rec. Trails). [TEA-21, 1103(n)] The annual authorization is to be treated as if apportioned under sections 104, 144, and 206, based on the distribution of those funds in Puerto Rico in 1997. Funds subject to Title 23 and 49 penalties. [TEA-21, 1214]	By repealing the definition of a State in 1103(n) of TEA-21, Puerto Rico is to be treated as a State for purposes of apportionment. [1103(c)]	Same as current law, except the lump sum funding is increased to $780 million for 2004-2009, and is a deduction from the NHS apportionment. [1103(d)]	Funding is authorized at $723.68 million for 2005-2009. [1101(15)] The annual authorization is to be treated as if apportioned under sections 104, 144, and 206, based on the distribution of those funds in Puerto Rico in 1997. Funds subject to Title 23 and 49 penalties.
Design-Build Contracting
Provides for design and construction of a project by a contractor; projects must cost at least $50 million ($5 million for ITS projects) to qualify [23USC 112(b)(3)]	Eliminates minimum project cost criteria. [1813]	Eliminates minimum project cost criteria. Directs the Secretary to evaluate the use of procurement procedures where subjective evaluation criteria account for the majority of the selection determination. [1501(a)]	Same as Administration bill [1803]
No comparable provision.	No comparable provision.	Requires a report to Congress not later than three years after date of enactment on the effectiveness of design-build contracting procedures in which the majority of the selection determinations are made based on subjective criteria. [1501(b)]	No comparable provision.
No comparable provision.	No comparable provision.	No comparable provision.	Requires the Secretary to promulgate regulations NLT 90 days after DOE of SAFETEA that allow State or local transportation agencies to proceed with awards of design build contracts or issue notices to proceed with preliminary design work under design build contracts prior to compliance with Section 102 of NEPA. Eliminates need for Secretarial concurrence prior to carrying out design build activities.
Disadvantaged Business Enterprise
Requires that at least 10% of specified Federal-aid funds be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. [TEA-21, 1101(b)]	Same as current law [1811]	Requires each State annually to compile a list of small business concerns that are disadvantaged business enterprises, and notify the Secretary in writing of the percentage of such concerns controlled by women, by socially and economically disadvantaged individuals other than women, and by individuals who are women and are otherwise socially and economically disadvantaged.[1101(b)(3)]	Same as House bill. [1821]
No comparable provision.	No comparable provision.	Requires the Secretary to establish minimum uniform criteria for States to use in certifying whether a concern qualifies as a disadvantaged business enterprise. {1101(b)(4)]	Same as House bill. [1821]
Critical Real Property Acquisition
Provides for advance acquisition of real property under limited conditions. (23USC 108)]	Provides that Title 23 funds may be used to pay the Federal share of costs of acquiring real property determined to be critical to a project prior to completion of environmental reviews. [1504]	No comparable provision	Provides that Title 23 funds may be used to pay the Federal share of costs of acquiring real property determined to be critical to a project under more limited conditions than in Administration bill. [1521]
Such purchases shall not affect the consideration of project alternatives during the environmental review process. [1521]	No comparable provision	No comparable provision	Same as current law
Use of Excess Funds and Funds for Inactive Projects
			Section 1106
No comparable provision	No comparable provision	No comparable provision	Requires the identification of funds allocated (not apportioned) prior to 1998 for projects in a public law or associated report that are inactive or in excess of project needs. The funds identified are to be made available to the State for any STP-eligible purpose, and be available for 4 fiscal years. Discretionary funds for which the Secretary has authority to withdraw and use on other projects and Emergency Relief funds are excluded.
No comparable provision	No comparable provision	No comparable provision	Excess funds are defined as obligated funds remaining after project completion, or any unobligated balances no longer needed for the project.
No comparable provision	No comparable provision	No comparable provision	Inactive funds are defined as obligated balances against which no expenditures have been charged during any 1-year period after the date of obligation, or funds available to a project but unlikely to be advanced during the 1-year period beginning on the date of certification.
No comparable provision	No comparable provision	No comparable provision	Funds associated with inactive projects may be retained for their initial purpose upon certification of need by the State and agreement by the Secretary.
No comparable provision	No comparable provision	No comparable provision	Requires a report regarding the status of any project for which inactive funds are retained.
No comparable provision	No comparable provision	No comparable provision	States a sense of Congress that eligible funds should be available for obligation in the same geographic region for which the funds were initially available.

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