Surface Transportation System Performance Pilot Program

Surface Transportation System Performance Pilot Program
Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003 Section 1801	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
New pilot program to test feasibility of allowing States to manage and use of FAH funds across program lines.	No comparable performance-based pilot program to test managing Federal-aid funds in a new way. However, establishes pilot program which provides limited authority for pilot States to assume certain NEPA responsibilities for TE, Rec Trails, and specified projects (Transportation System Management & Operations; ITS research, devel., & operational tests). [1207,1211]	No comparable performance-based pilot program to test managing Federal-aid funds in a new way. However, SEPW bill does include a Surface Transportation Project Delivery Pilot Program, which provides limited authority for pilot States to assume certain NEPA responsibilities. [1513]
No separate funding - States use regular FAH apportionments: IM, NHS, STP (10% reserved for TE), HSIP, MG, Bridge	No separate funding	No separate funding
Up to 5 pilot States	Up to 5 pilot States for first 3 years.	Up to 5 pilot States, one of which must be Oklahoma.
Annual agreements required on assumption of responsibilities, long and short term goals, performance measures.	Requires MOU, renegotiated at least every 3 years; Sec'y must review compliance and consider this in decision to renew MOU	Must have MOU covering responsibilities to be assumed; term of no more than 3 years; State agrees to accept jurisdiction of Federal courts. Secretary to monitor compliance, taking into account performance by the State.
State may obligate funds its apportionments ( IM, NHS, STP, Bridge, HSIP, Minimum Guarantee) for any Title 23 purpose.	No comparable provision	No comparable provision
State must agree to maintain total (Federal and State) program expenditures at least at the level of average of last 3 years.	No comparable provision	No comparable provision
Qualification requirements to rank applicants - goals (short & long-term, national), performance measures, proposed fund distribution method.	Sec'y must determine that State has capability to assume the responsibilities.	State must (1) meet requirements as established by the Secretary within 270 days of enactment (including projects that will be included, verification of financial resources, solicitation of public comment); (2) State have necessary financial and personnel capability; (3) written agreement.
Assumption of responsibilities- State may assume all or some, except related to tribes; State subject to Federal laws to same extent as Federal agency; must have laws and regs in place that allow assumed responsibilities; must have FOIA-comparable laws. May not assume Title VI, 106(h), statewide and metro planning, rulemaking authority.	State may assume responsibilities, except related to tribes.	Pilot States may be allowed to assume the NEPA responsibilities of the Secretary with respect to 1 or more highway projects within the State. May also assume responsibilities for environmental review/consultation, except conformity determinations, and metro/state planning responsibilities.
No comparable provision	No comparable provision	Semi-annual audits for first 2 years, annual after that.
Pilot ends 6 years after enactment. Participation of pilot State that fails to comply can be terminated.	No comparable provision	Pilot ends 6 years after enactment. Participation can be terminated if State doesn't adequately carry out responsibilities.

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