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RTP and TE Update - October 2005

October 28

  1. RTP APPORTIONMENTS POSTED Corrected FY 2004

    • We corrected RTP apportionments at www.fhwa.dot.gov/environment/recreational_trails/funding/. Our FY 2004 figure didn't have a supplemental apportionment. (Thank you Sandy Zimmer, ND, for finding the Notice.)

    • Other FHWA FY 2006 Apportionments are at www.fhwa.dot.gov/legsregs/directives/notices/, scroll down to N4510.564 through N4510.576. Transportation Enhancement apportionments are NOT calculated yet because we still need a final Appropriations Act to calculate the final Equity Bonus amounts that get attributed to STP.

  2. CONTACT LISTS
    We keep the State RTP list at www.fhwa.dot.gov/environment/recreational_trails/rtpstate.cfm. Please check for accuracy, and please provide corrections to jonathan.leclere@dot.gov and to mactrail@aol.com.

    State Bicycle and Pedestrian Coordinators: http://design.transportation.org/?siteid=59&pageid=852
    State Transportation Enhancement Managers: www.enhancements.org/statecontacts_TE.asp
    State Scenic Byway Coordinators: www.bywaysonline.org/contacts/

  3. SECTION 6003 IMPLEMENTATION: Presentation to AASHTO on October 19, 2005
    The American Association of State Highway and Transportation Officials (AASHTO) Center for Environmental Excellence sponsored a meeting on SAFETEA-LU Implementation for environmental provisions on October 17-19. I am attaching a Presentation and a Question and Answer, that were presented at a the session on Delegation Provisions. I prepared the presentation and answers, but I did not attend: Dianna Noble of Texas DOT read portions of the presentation, and provided the attachments to the attendees.

    BOTTOM LINE: FHWA's initial assessment is that the Section 6003 pilot program is more documentation-intensive than currently existing environmental streamlining provisions, and may not be worthwhile to implement. FHWA recommends that States use existing procedures and programmatic agreements, which are probably far more efficient than the documentation-intensive process established in Section 6003. States should implement Section 6004 (Categorical Exclusions) before attempting to implement Section 6003. By implementing Section 6004, States may account for 75% to 95% of RTP and TE projects.

  4. CRS Report Gives Overview Of New Highway, Transit Law
    The Congressional Research Service (CRS) released an overview of the new surface transportation reauthorization law in a report dated Oct. 18. The report, Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU or SAFETEA): Selected Major Provisions, provides background and an explanation of major provisions of the new law. Text of the report may be accessed from Open CRS, a project of the Center for Democracy & Technology, at www.opencrs.com/document/RL33119.

  5. Safe Routes to School Website
    From: Tim Arnade, Safe Routes to School Program Manager

    The FHWA Office of Safety now has a website dedicated to the new Safe Routes to School Program: www.fhwa.dot.gov/environment/safe_routes_to_school/. Please pass this link on to your State partners, local stakeholders, etc.

    It is our intent to disseminate new information (Q&A, program guidelines, etc) through this web site which will allow for regular additions, updates, revisions, etc., while reaching a wide range of users. When significant new information is posted, we will send a note to the Division POCs for Safe Routes to School informing them.

    Tim Arnade, Safe Routes to School Program Manager
    Office of Safety Programs, HSA-20, Room 3407
    Federal Highway Administration
    U.S. Department of Transportation
    400 Seventh Street SW
    Washington DC 20590
    202-366-2205
    tim.arnade@dot.gov

  6. USDOT Preserve America Website
    The USDOT established a Preserve America website. Preserve America is a White House initiative that encourages and supports community efforts to preserve and enjoy our priceless cultural and natural heritage. The goals of the initiative include a greater shared knowledge about the Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's cultural and natural heritage assets, and support for the economic vitality of our communities.

  7. Updates from American Trails (States may receive a separate email directly from American Trails).

    • Training Resources: www.NTTP.net.
    • American Trails Website contest: www.americantrails.org/webcon05.html
    • National Recreation Trails Designation, deadline December 1, 2005: www.americantrails.org/nationalrecreationtrails/BenefitsNRT.html
    • The 18th National Trails Symposium will be held in the Quad Cities IA/IL, October 19-22, 2006. The 2006 State Trail Administrators meeting is likely to be October 18-19. www.americantrails.org/quad/index.html.
    • National Trails Awards to be awarded at the National Trails Symposium: www.americantrails.org/quad/awards.html.

October 27

RTP Trail Assessments, Education and Training, and State Administrative Costs has moved to: www.fhwa.dot.gov/environment/recreational_trails/guidance/assess_edu_costs.cfm


October 6

Action Items

  1. FY 2006 RTP Apportionments
  2. A. RTP Motorized / Nonmotorized Requirements
    B. RTP Legislation
    C. Recommendations for the RTP Guidance
  3. OHV Liability Survey [action item for States, not for FHWA divisions]
  4. National Recreation Trail Designations [action item for States, locals, nonprofits, not for FHWA divisions]
  5. Preserve America Presidential Awards [action item for States, locals, nonprofits, not for FHWA divisions]

Information Items

  1. State Trail Administrators Meeting notes
  2. SAFETEA-LU Sec 6003: State Assumption of Responsibilities: Postponed for now.
  3. FY 2006 State Trail Advisory Committee Meetings
  4. FHWA's Safe Routes to School Program Manager
  5. State Trail Plan Survey Results
  6. Trail Tracks Articles

  1. FY 2006 RTP APPORTIONMENTS
    The RTP Apportionments webpage at www.fhwa.dot.gov/environment/recreational_trails/funding/ have been updated with the FY 2006 RTP apportionments (FY06 Rec Trails). Federal-aid highway program Notices are posted at www.fhwa.dot.gov/legsregs/directives/notices/ (expect the FY 2006 Notices to be posted soon). Attaching to the original e-mail is information on new program codes (distributed Oct 5).

  2. A. RTP MOTORIZED / NONMOTORIZED REQUIREMENTS
    I have heard some confusion about what changed in the RTP diverse / motorized / nonmotorized requirement.

    • The minimum 40% diverse requirement remains unchanged.
    • The minimum 30% motorized requirement remains unchanged.
    • The minimum 30% nonmotorized requirement remains unchanged.
    • The Small State Exclusion from the 30% requirements remains unchanged. It only affects CT, DE, DC, and RI.
    • THE CHANGE: Effective August 10, 2005 (SAFETEA-LU enactment): No State may waive the 30% requirements [except for the Small State Exclusion]. Each State MUST use at least 30% of its apportionments on motorized projects, and each State must use at least 30% of its apportionments on nonmotorized projects [again, except for the Small States]. If a State can't meet the 30% requirements in a fiscal year, then it must carry over the funds to a subsequent fiscal year.

    See www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#use for the exact legislative language.

  1. B. RTP LEGISLATION
    The RTP legislation, as amended, is at www.fhwa.dot.gov/environment/recreational_trails/legislation/. It includes:

    • Authorized funding FY 2005 through 2009: www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#authorization.
    • Permissible Uses: www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#permissible
    • 40-30-30 Requirements: www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#use
    • Federal Share: www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#fedshare
    • Credit for Planning and Environmental Assessment Costs: www.fhwa.dot.gov/environment/recreational_trails/legislation/index.cfm#project (scroll to (h)(1)(C)).
  1. C. RECOMMENDATIONS FOR RTP GUIDANCE
    The current RTP Guidance is posted under www.fhwa.dot.gov/environment/recreational_trails/guidance/. I am accepting recommendations from States for changes or suggestions on how to improve the guidance through the end of October 2005. I hope to have final RTP guidance out in December 2005. YES, we intend to make the document web-user-friendly.

  2. OHV LIABILITY SURVEY [action item for States]
    From: Weiss, Alexandra
    Sent: Thursday, September 15, 2005 10:51 AM
    Subject: NAOPM Liability Working Group - A request for input

    The National Association of Off-Highway Vehicle Program Managers (NAOPM) is addressing the issue of off-highway vehicle liability. This includes both insurance for private land owners as well as risk management for public lands managing agencies.

    We have formed a national working group to study the issues surrounding OHV liability. The collaborative partnership includes state and federal agencies, user groups, members of the insurance industry as well as OHV users and representatives of the National Off-Highway Vehicle Conservation Council (NOHVCC).

    Our goal is two fold:

    Insurance can be written for private property owners and associations in all 50 states. Best management practices developed, approved and put into use by local, state and federal agencies.

    Before we can begin true dialog, we must collect information and assess need. NOHVCC is assessing the needs as associated with clubs and private land owners. NAOPM is assessing land managing agency needs as well as reviewing current practice.

    At the moment, we are collecting information. And it's not just information about OHVs, we are looking at other "high risk" activities managed on public lands. We are hoping that the RTP administrators, or other professionals in their agencies would assist by providing the information requested in the attached questionnaire.

    In the original email there was an Adobe Acrobat file containing two surveys and a letter to RTP Administrators (which reads a lot like the beginning of this e-mail). If you need a copy please contact Alexandra Weiss at: Alexandra.Weiss@dep.state.fl.us

  3. NATIONAL RECREATION TRAIL DESIGNATIONS [action item for States, locals, nonprofits]
    From: Cherri_Espersen@nps.gov
    Sent: Friday, September 30, 2005 7:06 PM
    Subject: DOI NRT Application & Deadline Importance: High

    Hi All, I wanted to remind you that the Department of the Interior's National Recreation Trail (NRT) deadline for applications is Dec. 1 this year. Also, the application form has been revised slightly from last year (based on input from American Trails and other NRT Roundtable members). Please visit http://americantrails.org/nationalrecreationtrails/ApplyNRT.html and click on the link at the top of the page for a copy of the new form. I ask that you encourage applicants to submit digital photos, as well as both a hard copy and electronic version of the application.

    Please note that I will still be accepting the old form, if applicants have already started the process. Sorry for any confusion; and let me know if you have any questions. Thank you for your continued assistance and support for the NRT program!

    Cherri Espersen, National Recreation Trail Coordinator, Rivers, Trails and Conservation Assistance Program
    National Park Service, 1849 C Street, NW (Org Code 2235), Washington, DC 20240-0001 202-354-6920; 202-371-5179 (fax)

  4. PRESERVE AMERICA PRESIDENTIAL AWARDS [action item for States, locals, nonprofits]
    The deadline for submitting nominations for the 2006 Preserve America Presidential Awards is November 1, 2005. These are the highest national awards honoring historic preservation achievement.

    The Preserve America Presidential Awards are part of a White House initiative to celebrate and preserve our Nation's cultural and natural heritage assets. First Lady Laura Bush is Honorary Chair of Preserve America. Each year at a White House ceremony two awards are presented for heritage tourism and two for historic preservation.

    The Preserve America Presidential Awards are given to organizations, businesses, government entities, and individuals for:

    • exemplary accomplishments in the sustainable use and preservation of cultural or natural heritage assets;
    • demonstrated commitment to the protection and interpretation of America's cultural or natural heritage assets; and
    • the integration of these assets into contemporary community life, and combination of innovative, creative, and responsible approaches to showcasing historic resources in communities.

    The 2006 Preserve America Presidential Award Nomination Guidance and Form (both in PDF) can be found at www.PreserveAmerica.gov. The Web site also provides information on past winners and the Preserve America initiative. Showcase your favorite preservation or heritage tourism project! Apply for the Presidential Award by November 1, 2005.

  5. STATE TRAIL ADMINISTRATORS MEETING 2005: September 20-22, 2005, Newark DE
    THANK YOU to Delaware State Parks for hosting an excellent training meeting! We hope to have the meeting notes posted at www.fhwa.dot.gov/environment/recreational_trails/events/stam_2005/ today or tomorrow.

  6. STATE ASSUMPTION OF RESPONSIBILITIES
    Sec 6003, State Assumption of Responsibilities for Certain Programs and Projects, allows up to five States to assume the responsibilities of the Secretary of Transportation for the Recreational Trails Program and/or for Transportation Enhancements for environmental reviews, consultation, and project and program decisionmaking. See www.fhwa.dot.gov/environment/recreational_trails/rtp_te_update/2005/september/index.cfm#a3 for my September 6th message on this.

    The legislation, including sections 6003, 6004, and 6005 [6005 only pertains to HIGHWAY projects, and gives first priority to Alaska, Calfornia, Texas, Oklahoma, and Ohio], is available at: www.fhwa.dot.gov/environment/recreational_trails/events/stam_2005/saor.cfm

    As of right now, I have heard initial expressions of interest from 7 States [some for TE, some for RTP]. However, FHWA proposes to delay implementing the Section 6003 pilot program for now. FHWA will develop application procedures and more information after more immediate SAFETEA-LU implementation requirements are met.

    • Section 6003 is a permissive provision. It does not establish an implementation schedule, nor does it require regulations or rulemaking.

    • States already are required to assume responsibility for non-NHS projects for design, plans, specification, estimates, contract awards, and inspection of properties under 23 U.S.C. 106.

    • States already can enter into programmatic agreements for environmental and historic resources reviews without going through an application process or issuing Federal Register notices. Several States already have programmatic agreements: see www.fhwa.dot.gov/environment/recreational_trails/guidance/.

    • The documentation-intensive procedure established in section 6003 is more complex than existing environmental review processes available to the States. States interested in section 6003 should first consider currently existing environmental streamlining options.

    • The State Assumption of Responsibility for Categorical Exclusions (section 6004) establishes a more streamlined method for States to assume responsibilities than does section 6003. States should have the opportunity to implement section 6004 first, which may eliminate the need to develop the procedures established in section 6003.

    • If a State is still interested in participating in this pilot program, it should make sure that it has the legal authority to assume responsibility with respect to a Federal law and to accept the jurisdiction of the Federal courts.

  7. STATE TRAIL ADVISORY COMMITTEE MEETINGS IN FY 2006
    It's time to plan your State Trail Advisory Committee Meetings for FY 2006. This year, I don't plan to nag (I ended up pestering myself instead). In about a June or July timeframe, we will send an official memorandum requesting that States verify that their State Trail Advisory Committee has (or will have) met in FY 2006 (between October 1, 2005 and September 30, 2006).

    Suggestion: Plan your meeting for sooner rather than later in the fiscal year. In particular, southeastern States should plan their meetings well in advance of hurricane season (June-November with concentrations in August-September).

  8. FHWA SAFE ROUTES TO SCHOOL PROGRAM MANAGER
    From: Wright, Frederick (Bud) [FHWA Executive Director]
    Sent: Wednesday, September 14, 2005 11:39 AM

    "I am pleased to announce that after having served with distinction as a Special Assistant to the Federal Highway Administrator for several years, Tim Arnade will soon be taking the next step in his Federal Highway Administration career. Effective October 3, Tim will join the staff in the Office of Safety to lead the agency's implementation of the new Safe Routes to School program.

    Please join me in congratulating Tim on his outstanding service to the Administrator's office, and on this move to the next phase of his career."

    Contact information:
    Tim Arnade, Special Assistant
    Office of Highway Safety Programs
    tim.arnade@dot.gov, or 202-366-2205

  9. STATE TRAIL PLAN SURVEY RESULTS
    THANK YOU to Mary Fitch (OH) and Steve Morris (IN) for developing and compiling a State Trail Plan survey. If you need a copy please contact jonathan.leclere@dot.gov

Updated: 06/16/2017
Updated: 6/16/2017
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