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Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Fact Sheets on Highway Provisions


Program Purpose

To strengthen the cultural, aesthetic, and environmental aspects of the Nation's intermodal transportation system.

Statutory References

SAFETEA-LU Section(s): 1113, 1122, 6003


A State's TE funding is derived from a setaside from its annual Surface Transportation Program apportionment. For 2005, the amount setaside for TE will be 10 percent of the State's STP apportionment (after application of the setaside for the State Planning and Research program). After 2005, the TE setaside will be 10% or the amount set aside for TE in the State in 2005, whichever is greater. [1113(c)]

Eligible Use of Funds [1122]

All previous TE eligibilities continue and are restated in SAFETEA-LU. New items are:

  • clarification of the eligibility of acquisition of historic battlefields as a specific inclusion in the existing eligibility of acquisition of scenic easements and scenic or historic sites.
  • clarification of the eligibility inventories of outdoor advertising as part of the larger eligibility for control and removal of outdoor advertising. The word "inventory" is added to the legislative language. Further clarification is provided in the Joint Explanatory Statement in H. Rept. 109-203, which states that inventory for outdoor advertising is currently, and continues to be, an eligible activity. Report language further explains that inventory control includes, but is not limited to, data collection, acquisition, and maintenance of digital aerial photography, video logging, scanning and imaging of data, developing and maintaining an inventory and control database, as well as hiring of outside legal counsel.

Other Provisions

SAFETEA-LU establishes a pilot program for States to assume the responsibilities of the Secretary relating to environmental review and decisionmaking, including activities related to transportation enhancements (see environmental review process fact sheet). [6003]

Federal Share

Generally, the Federal share is 80 percent, subject to the sliding scale adjustment, but this may be achieved on an aggregate, rather than project-by-project, basis. Funds from other Federal agencies and the value of other contributions may be credited toward the non-Federal share of a transportation enhancement project or group of such projects, but the aggregate effect may not exceed an 80 percent, or the sliding scale, Federal share. [23 USC 133(e)(5)]

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