Originally posted March 23, 2005
Provision of facilities for pedestrians and bicycles [Revised 09/18/2008]
Eligibility Principle: A facility for pedestrians and bicycles should be consistent with the provisions of 23 U.S.C. 217. The project must relate to surface transportation for nonmotorized use.
Transportation enhancement (TE) projects must relate to surface transportation. This is a flexible provision that accommodates recreational use as long as the project relates to surface transportation.
For bicycle projects, 23 U.S.C. Section 217(i) states: Transportation Purpose.--No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation purposes. This requirement only affects bicycle projects. It does not require a transportation purpose for pedestrian, equestrian, or any other use.
Trails (including shared use paths) and pedestrian walkways open for pedestrian or other nonmotorized uses do not have this transportation purpose restriction. Section §217(h) anticipated recreational use along trails and pedestrian walkways. However, TE projects still must relate to surface transportation. Recreational trails and motorized use trails are eligible under the Recreational Trails Program.
Guiding questions for eligibility and viability:
Provision of safety and educational activities for pedestrians and bicyclists
Eligibility Principle: The provision of safety and educational activities for pedestrians and bicyclists must inform, encourage, or help train people to walk or bicycle safely, and/or educate motorists about pedestrian and bicyclist safety. This includes workforce development, training, and education for pedestrian and bicyclist safety activities. [Second sentence added December 12, 2005]
Guiding questions for Eligibility and Viability:
Acquisition of scenic easements and scenic or historic sites (including historic battlefields) - Revised 10/28/2005
Eligibility Principle: The acquisition of scenic easements and scenic or historic sites must benefit the travel experience and preserve the scenic or historic authenticity and integrity of the property, site, or battlefield for the traveler. The property or site must be strikingly distinct and offer the traveling public a pleasing or memorable visual or historic experience: the site is a principal reason for the trip. The view or historic site must be protected and preserved for perpetuity.
Guiding questions for eligibility and viability:
Scenic or historic highway programs (including the provision of tourist and welcome center facilities)
Eligibility Principle: The scenic or historic highway program must serve the traveling public through the implementation of a scenic or historic highway program, including a State scenic byway program as recognized under 23 U.S.C. 162 (HTML / PDF). A tourist or welcome center facility must serve travelers visiting one or more designated scenic or historic highways in the area. The term tourist or welcome center includes highway turnouts, overlooks, viewing areas, designation signs and markers related to specific scenic or historic sites, and roadwork necessary to accommodate the TE project, such as turn lanes. The connection to a scenic or historic site should take into account the intrinsic characteristics that make an area or site scenic or historic as determined by a Federal or State agency, or an area commission, where one exists. Where these mechanisms are not available, the proposal should document those characteristics that give evidence of a clear link to a specific scenic or historic site.
TE funds cannot be used for the ongoing administrative or operating expenses for scenic or historic highway program activities, for consultants to help administer the program, or to conduct general program training. See FHWA Policy on Indirect Costs (last section). Consultants may be hired to help administer a scenic or historic highway program using nonfederal funds.
TE funds may not be used for highway rest areas that are not part of a scenic or historic highway program. TE funds may not be used for community centers or general welcome centers that are not part of a scenic or historic highway program. Where a project sponsor intends to combine uses (such as a highway program welcome center using space in a community center), TE funds are limited to the share of the project that relates to a scenic or historic highway program.
Guiding questions for eligibility and viability:
Landscaping and other scenic beautification
Eligibility Principle: A landscaping or scenic beautification project must enhance the aesthetic or visual character of a site, corridor, or community along a surface transportation facility. The project may include plantings, vegetation management (including removal of invasive plants and revegetation with native plants), or other landscaping that respects the natural heritage and regional character, consistent with 23 U.S.C. 319 (HTML / PDF). The project also may include built elements or innovative design features, including public art, to enhance the landscape.
Guiding questions for eligibility and viability:
Eligibility Principle: A historic preservation project must demonstrate a relationship to surface transportation and result in historic preservation consistent with the Secretary of the Interior's Standards for Preservation Projects.
Guiding questions for eligibility and viability:
Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals)
Eligibility Principle: A project for rehabilitation and operation of historic transportation buildings, structures, or facilities must be for a building, structure, or facility historically used for a surface transportation purpose or function. Rehabilitation should be consistent with the Secretary of the Interior's Standards for Preservation Projects.
Guiding questions for eligibility and viability:
Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails)
Eligibility Principle: A project for preservation of an abandoned railway corridor must preserve and protect a railway corridor. It may allow trail use on or along the corridor consistent with 23 U.S.C. 217. This category may not be used to keep a railroad corridor from becoming abandoned.
If the railroad corridor or portions of the corridor have been railbanked under 16 U.S.C. 1247(d), there must be an agreement stating that the corridor is subject to restoration or reconstruction for railroad purposes. There must be an agreement specifying payback provisions if the restoration for railroad purposes takes place before the end of the economic or useful life of the project.
Guiding questions for eligibility and viability:
Inventory, control, and removal of outdoor advertising
Eligibility Principle: Inventory control may include, but not be 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, and hiring of outside legal counsel. Removal of outdoor advertising must result in the removal of illegal and nonconforming billboards or other off-premise outdoor advertising signs. Sign owners must remove illegal signs or to be liable to the State for costs to remove illegal signs (23 U.S.C. 131(r)) (HTML / PDF). TE funds may be used to remove illegal signs only after the DOT has attempted to recover the cost from a sign owner, but is not able to recover the cost. Inventory, control and removal of outdoor advertising may include monitoring and enforcement within the boundaries of the TE project for the purpose of aiding in the removal of signs within the project limits.
TE funds cannot be used for the ongoing administrative or operating expenses for State outdoor advertising program activities, for consultants to help administer the program, or to conduct general program training. See FHWA Policy on Indirect Costs (last section of the memo). Consultants may be hired to help administer an outdoor advertising program using nonfederal funds.
Guiding questions for eligibility and viability:
Archaeological planning and research
Eligibility Principle: Archaeological planning and research must focus on physical evidence of historic or prehistoric human life or activity relating to surface transportation, or relating to artifacts recovered from locations within or along surface transportation corridors. The project must be consistent with the Secretary of the Interior's Standards for Preservation Projects.
Guiding questions for eligibility and viability:
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle caused wildlife mortality while maintaining habitat connectivity
Eligibility Principle: The environmental mitigation project must reduce the impacts of water pollution due to highway runoff or reduce vehicle caused wildlife mortality while maintaining habitat connectivity. The project may not substitute for environmental mitigation normally required under the National Environmental Policy Act (NEPA) and other regulations for Federal-aid projects.
Guiding questions for eligibility and viability:
Water pollution due to highway runoff
Wildlife protection and habitat connectivity
Establishment of transportation museums
Eligibility Principle: A transportation museum or transportation display must be for surface transportation. For multiple purpose museums, the costs borne through TE funds must be limited to the share attributable to a surface transportation focus. The museum must follow best practices established by the museum profession (see Establishment of Transportation Museums in the TE Guidance).
Guiding questions for eligibility and viability:
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