Federal Transportation Funds Benefit Recreation
Federal Highway Administration Programs Benefit Trails
- Who is FHWA?
- FHWA Funds for Pedestrian and Bicyclist Projects and Trails
- Key Programs for Trail Projects
- Federal Lands Highways Program
- Federal-Aid Highway Program Funds for Trails
- Transportation Enhancements
- Transportation Enhancements: 12 Eligible Activities
- Transportation Enhancements
- How does TE project funding work?
- TE Project Examples
- Some TE Issues
- National Scenic Byways Program
- Eligible Scenic Byways Projects
- Recreational Trails Program (RTP)
- RTP Eligible Projects
- RTP Partnerships
- RTP Project Examples
- Who can sponsor an RTP project?
- How does RTP project funding work?
- How do I get funds for my project?
- Federal Highway Program Update
- For more information
Who is FHWA?
- The Federal Highway Administration (FHWA), part of the US Department of Transportation, provides expertise, resources, and information to improve the nation's highway system and its intermodal connections.
- The Federal-Aid Highway Program provides financial assistance to the States to construct and improve the National Highway System, other roads, bridges, and trails.
- The Federal Lands Highway Program provides access to and within national forests and parks, Indian reservations, and other public lands by preparing plans, letting contracts, supervising construction, and inspecting bridges.
- FHWA conducts and manages a comprehensive research, development, and technology program.
FHWA Funds for Pedestrian and Bicyclist Projects and Trails
- Pedestrian and bicycle projects are eligible for every major Federal-aid funding category.
- The Federal Surface Transportation Program is the largest single funding source for shared use paths, trails, and related projects in the United States:
- About $550 million/year obligated for pedestrian and bicycle related facilities and programs. (FY 2009: $1.117 billion)
- About $250 to $300 million/year for obligated for trails, including $70 million/year for recreational trails. (FY 2009 probably over $400 million)
- Pedestrian Safety is one of FHWA's priority areas.
See:
- Bicycle and Pedestrian Funding: www.fhwa.dot.gov/environment/bikeped/bipedfund.htm. FY 2007: $564 million. FY 2008: $541 million. Additional funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act) helped raise the total to $1.117 billion for FY 2009 (as of September 25, 2009).
- Transportation Enhancement Funding: www.fhwa.dot.gov/environment/te/app_resc_ob.htm. For FY 2009, $833 million was authorized, with $614 million obligated as of September 25, 2009. The Recovery Act provided an additional $800 million in potential TE funding, with $466 million obligated as of September 25, 2009.
- Recreational Trails Program Funding: www.fhwa.dot.gov/environment/rectrails/recfunds.htm. For FY 2009, $85 million was authorized, with $81 million obligated as of September 25, 2009.
NOTE: Over the life of the TE Activities, about one-third of TE project funding has been obligated for shared use paths, rail-trails, and other transportation trails. With TE obligations at $550 million per year, about $190 million is for TE-funded trails that relate to surface transportation. See Transportation Enhancements: A Summary of Nationwide Spending at www.enhancements.org/publications.asp. For FY 2009, with $1.080 billion in both regular TE and ARRA TE funds, the same ratio would be about $360 million for transportation trails.
Key Programs for Trail Projects
- Federal Lands Highways Program
- Surface Transportation Program
- Transportation Enhancement Activities
- Congestion Mitigation and Air Quality
- National Scenic Byways Program
- Recreational Trails Program
- Safe Routes to School
- TE and RTP can support Youth Corps
- Several trail projects have been funded through the "High Priority Projects" and through earmarks to discretionary programs.
Federal Lands Highways Program
- Provides access to and within Federal lands.
- Project decisions made by the Federal land management agencies in coordination with local governments.
- Trails are eligible for funding; agencies have put higher priority on highway access and safety projects.
- Emphasis on pedestrian safety.
- See http://flh.fhwa.dot.gov.
Federal-Aid Highway Program Funds for Trails
- Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Highway Safety Improvement Program (HSIP), and Safe Routes to School (SRTS).
- Broad range of eligible projects: from highway construction to pedestrian and bicycle projects and transportation trails.
- SRTS projects are eligible within about 2 miles of elementary and middle schools, and may include trails.
- CMAQ projects must benefit air quality; may be used as STP in States with no nonattainment areas.
- Pedestrian/bicycle/trail projects using STP or CMAQ funds may be located anywhere. While 23 U.S.C 133(c) requires most STP projects to be located within Federal-aid highway rights-of-way, it exempts bicycle and pedestrian projects and safety projects from the highway requirement. The Secretary of Transportation issued an exemption for Transportation Enhancements projects.
- See STP Legislation: http://frwebgate5.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=723943137692+0+1+0&WAISaction=retrieve.
- See TE Exception: www.fhwa.dot.gov/environment/te/gmemo_request.htm.
- Pedestrian/bicycle/trail projects using HSIP or SRTS funds also can be located anywhere:
- HSIP: 23 U.S.C. 148(d)(1)(A)
- SRTS: SAFETEA-LU §1404(f)(1)(B)
- Planning Process. Projects must be consistent with metropolitan and statewide transportation plans. Prior to funding, projects must be included in a metropolitan area's Transportation Improvement Program (TIP) [if in a metropolitan area] and the Statewide Transportation Improvement Program (STIP).
- Earmarks. The best way to get funding for a project is to go through the normal application process through the metropolitan planning organization (if in a metropolitan area) and the State. Project sponsors that obtain earmarks generally work outside the normal process, which makes the process more difficult for everybody else. Many earmarked projects end up "bumping" other eligible projects that may have been of higher priority for a community or for the State. Some States "punish" communities that receive earmarks; that is, if a community receives an earmark for one project, then the State may decide not to fund other projects that normally would have been funded. Some States delay earmarked projects, so that the sponsor may have obtained a completed project sooner by going through the normal process.
Transportation Enhancement Activities
- Transportation Enhancement (TE) activities expand transportation choices and enhance the transportation experience through 12 eligible TE activities related to surface transportation.
- Funding: 10% of STP (including Equity Bonus attributed to STP): $800 million per year (2005-2009).
Surface Transportation
Surface transportation means all elements of the intermodal transportation system, exclusive of aviation. For the purposes of TE eligibility, surface transportation includes water as surface transportation and includes as eligible activities related features such as canals, lighthouses, and docks or piers connecting to ferry operations, as long as the proposed enhancement otherwise meets the basic eligibility criteria.
Funds: www.fhwa.dot.gov/environment/te/app_resc_ob.htm
Surface transportation means all elements of the intermodal transportation system, exclusive of aviation. For the purposes of TE eligibility, surface transportation includes water as surface transportation and includes as eligible activities related features such as canals, lighthouses, and docks or piers connecting to ferry operations, as long as the proposed enhancement otherwise meets the basic eligibility criteria.
Funds: www.fhwa.dot.gov/environment/te/app_resc_ob.htm
Transportation Enhancement Activities. 12 Eligible Categories
TE projects must relate to surface transportation and be eligible under one or more of 12 Eligible Categories:
- Pedestrian and bicycle facilities
- Pedestrian and bicycle safety and education
- Scenic or historic easements and sites
- Scenic or historic highway programs
- Landscaping and scenic beautification
- Historic preservation
- Historic transportation buildings, structures, or facilities
- Rail-trail conversions
- Inventory, control, and removal of outdoor advertising
- Archaeological planning and research
- Mitigate highway water pollution and wildlife mortality
- Transportation museums
See more details at http://www.fhwa.dot.gov/environment/te/teas.htm.
Transportation Enhancement Activities
- Administered by State DOTs. Each State has its own project application and selection process.
- States requirements may be stricter than the Federal requirements.
- States are encouraged to use Youth Corps.
- Program info: www.fhwa.dot.gov/environment/te.
- The National Transportation Enhancements Clearinghouse (NTEC) has project examples and State contacts: www.enhancements.org.
- The National Transportation Enhancements Clearinghouse provides technical assistance for TE: www.enhancements.org.
- The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See www.corpsnetwork.org/transportation/.
How does TE project funding work?
- Project sponsors apply to their State DOT.
- Project sizes vary in each State: some have minimum and/or maximum amounts.
- Reimbursable cost share program (not up-front except for case-by-case working capital basis):
- 23 U.S.C. 132 allows up-front transfers to Federal agencies.
- 23 U.S.C. 133(e)(3) has an advance payment option.
- In general: 80% Federal share / sliding scale, with some flexibility (23 U.S.C. 133(e)(5)(C)).
States must keep the aggregate non-Federal not less than their share under 23 U.S.C. 120(b) (80%/sliding scale).
- States may allow funds from Federal agencies to match TE funds, but this conflicts with a requirement for States to meet their programmatic Federal share.
- States may allow a programmatic match.
- States may allow individual projects up to a 100% Federal share.
- See http://www.fhwa.dot.gov/environment/te/1999guidance.htm#summa.
TE Project Examples
Rail-trails: Osage Prairie Trail, Tulsa OK.
Canal Parks: Canal Boats in the Turning Basin, Richmond VA.
Riverwalks: Tennessee Riverwalk, Chattanooga TN.
Rail-trails and canal trails: Farmington Canal Linear Park, Cheshire CT. (Cheshire Historical Society)
Trails and Wildlife Corridors: Stevens Creek Trail and Wildlife Corridor, Mountain View, CA.
See more examples at www.enhancements.org.
Source: National Transportation Enhancements Clearinghouse project library: www.enhancements.org.
Some TE Issues
- TE projects must relate to surface transportation.
- General park projects (parkland acquisition, sports fields, picnic areas, playgrounds, general park amenities, etc.) are not eligible.
- TE projects must meet accessibility requirements.
- Project sponsors must include various interest groups in the planning and project development process: equestrians and other trail users, historic preservation advocates, etc.
- Nothing in Federal law or regulation requires trails to be paved.
- Nothing in Federal law or regulation prohibits equestrian use.
- FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails.
- USDOT encourages States to use Youth Corps on TE projects, but few States use them.
- States should ensure that they choose high quality projects that clearly relate to surface transportation.
- The TE Activities have a lot of opposition, with claims that TE projects divert Federal Highway Trust Fund money away from essential highway projects by funding "frivolous" projects that don't benefit transportation. Attacks continue to the present, such as the Out of Gas report from July 2009 (http://coburn.senate.gov/public/_files/OutofGas730Final0.pdf) [see Historical Notes below]. The attackers often use selective facts, and ignore the transportation, community, economic, and safety benefits of most TE projects. However, TE Projects that don't benefit surface transportation are easy targets for people who oppose the TE Activities.
- Although TE projects must relate to surface transportation, nothing in Federal law prohibits TE funded trails from allowing recreational use. The restriction in 23 U.S.C. 217(i) requiring principally a transportation purpose only applies only bicycle projects, not to other uses. However, recreational park amenities are not eligible because they don't relate to or benefit transportation.
- Accessible trails must have a firm and stable surface, but this does not necessarily require paving. It is also possible to have dual tracks: one accessible (firm and stable) track, and one soft surface track. See Path Surfaces.
- The planning and project development processes require open public involvement for all possible stakeholders. Equestrians, mountain bicyclists, snowmobilers, historic preservation advocates, and others have a right to participate in any trail or highway project development process.
- See Equestrian and Other Nonmotorized Use on Bicycle and Pedestrian Facilities at www.fhwa.dot.gov/environment/bikeped/allow_uses_eqnm.htm. States may have more restrictive requirements. Project sponsors can limit uses based on safety considerations.
- FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails and Pedestrian Walkways under 23 U.S.C. §217. See www.fhwa.dot.gov/environment/bikeped/framework.htm.
- FHWA encourages States to use Youth Corps on TE projects. See www.enhancements.org/connections/Vol9no2.pdf for examples. The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See www.corpsnetwork.org/transportation/.
Historical Notes: Congressional action specific to TE funding.
- House of Representatives proposal to eliminate TE funds in Summer 2003: Failed: 327-90.
- Senate proposal to cut TE funds on May 17, 2005: Failed 84-16.
- Senator Coburn proposed three amendments to the FY 2010 Transportation, Housing and Urban Development appropriations bill on September 15, 2009:
- S. Amendment 2370 would have prohibited funding for TE if the Highway Trust Fund does not contain amounts sufficient to cover unfunded highway authorizations (and the Fund is bankrupt). Amendment withdrawn.
- S. Amendment 2371 would have allowed States to opt out of the 10% set aside rule (10% of STP for TE). VOTED DOWN, 39 yes, 59 no votes. The amendment title stated "opt out", but the text was "None of the funds made available by the Act may be used to implement section 133(d)(2) of title 23, United States Code." This would have prevented any State from funding any TE projects with FY 2010 funds.
- S. Amendment 2372 would have stated that none of the funds made available by this Act may be used for a museum. VOTED DOWN, 41 yes, 57 no votes.
National Scenic Byways Program
- Designates All American Roads and National Scenic Byways: America's BywaysTM
- Discretionary program rises from $26.5 m in FY 2005 to $43.5 m in FY 2009.
- Funds for designated byways.
- Program info, see
www.bywaysonline.org - Traveler info, see
www.byways.org
Photo credits: Vista House, Crown Point, Historic Columbia River Highway, Oregon. This project used a combination of Federal Lands Highway Program, Transportation Enhancement, and National Scenic Byways Funds. See www.oregonstateparks.org/park_150.php.
Eligible Scenic Byways Projects
- Plan, design, develop State byway program.
- Corridor management plans.
- Safety improvements to byways.
- Enhance recreation access.
- Protect scenic, historic, recreation, cultural, natural, archaeological resources adjacent to a scenic byway.
- Develop and provide tourist information.
- Develop and implement a marketing program.
- Program: www.bywaysonline.org
- Travelers: www.byways.org
- America's Byways Resource Center: www.bywaysresourcecenter.org
Recreational Trails Program
- Funds to develop and maintain recreational trails for all trail uses.
- Only FHWA program to support routine maintenance.
- Rose from $60 m in FY 2005 to $85 m in FY 2009.
- Funds distributed by formula to States: see www.fhwa.dot.gov/environment/rectrails/recfunds.htm.
- Represents a portion of the Federal motor fuel excise tax paid by OHV users.
- States solicit and select projects for funding.
- States are encouraged to use Youth Corps.
- See www.fhwa.dot.gov/environment/rectrails.
Recreational Trails Program Funding: www.fhwa.dot.gov/environment/rectrails/recfunds.htm. For FY 2009, $85 million was authorized, but $69 million was obligated as of September 15, 2009.
FHWA encourages States to use Youth Corps on RTP projects. FHWA and the Corps Network developed Conservation Corps and Transportation: Making the Connection in 2008 to encourage States and Youth Corps to work better together. See www.corpsnetwork.org/transportation/.
RTP Eligible Projects
- Maintain and restore existing trails (and bridges).
- Develop and rehabilitate trailside and trailhead facilities.
- Purchase and lease trail construction and maintenance equipment.
- Construct new trails (limits on Federal lands).
- Acquire easements or property for trails (willing seller only: Condemnation is prohibited).
- Trail assessments for accessibility and maintenance.
- Trail safety and environmental protection education.
- State administrative costs.
RTP Partnerships
- Each State has a State Trail Committee to assist with the program.
- Committees represent both nonmotorized and motorized recreational trail users.
- The committees help trail groups cooperate and communicate with each other.
- Partnerships lead to better projects, and better maintained trails.
Through the RTP, FHWA works with:
- Federal Interagency Council on Trails.
- National Trails Training Partnership to develop trail training: www.NTTP.net.
- Federal Interagency trail training course.
- National Trails Day - first Saturday of June: see www.americanhiking.org/.
- National Scenic and Historic Trails.
- US Forest Service Technology and Development Centers to provide trail publications to the public: www.fhwa.dot.gov/environment/fspubs/index.htm.
- National conferences for trail organizations.
- US Access Board, US Forest Service, and others to develop trail accessibility guidelines: see www.access-board.gov/outdoor/outdoor-rec-rpt.htm and www.fs.fed.us/recreation/programs/accessibility/.
- OHV, Mountain Bike, and Equestrian groups to develop trail design and management manuals.
- Snowmobile and OHV safety and ethics information.
- Coalition for Recreational Trails for the RTP Database: www.funoutdoors.info/rtphome.html.
Many trail related publications are available at http://www.fhwa.dot.gov/environment/rectrails/publications.htm.
American Trails has an extensive resources library at http://www.americantrails.org/resources/index.html.
American Trails has an extensive resources library at http://www.americantrails.org/resources/index.html.
From the Coalition for Recreational Trails
Annual Achievement Awards
RTP Project Examples
High Bridge Park, New York City: Inner-city kids benefit the most from this urban mountain bike trail.
Boundary Canal Trail, Palm Bay FL, part of the South Brevard Linear Trail plan, a 22-mile multi-use path through the southeastern end of the county.
Oregon integrates recreational trails and transportation facilities: Portland Esplanade.
Trails connect parks and recreation in urban cores: MKT Trail, Columbia MO.
River Valley OHV Park, Council Bluffs IA |
|
Urban Off Highway Vehicle Park From the Nebraska Department of Roads, to document US 275 bridge reconstruction. The River Valley OHV Park, Council Bluffs IA is on the Iowa (east) side (to the right). |
Busy parking lot! River Valley Trail Riders. The new OHV parking lot was constructed using Highway Bridge Program funds as mitigation for taking the old parking lot for the new bridge. RTP funds were used for the trails. |
Who can sponsor an RTP project?
- Federal agencies (restrictions in a few States)
- Tribal government agencies
- State agencies
- Local agencies: county, city, town, township, borough, school, water/sewer district, etc.
- Nonprofit organizations (many States)
- For profit organizations (a few States)
- Project sponsors are encouraged to use qualified youth conservation or service corps
How does RTP project funding work?
- Project sponsors apply to their State.
- Project sizes vary in each State: some have minimum and/or maximum amounts.
- Reimbursable cost share program (not up-front except for case-by-case working capital basis). 23 U.S.C. 132 allows up-front transfers to Federal agencies.
- In general: 80% Federal share / sliding scale.
- Flexibilities for Federal agency project sponsors.
- RTP may match / be matched by other Federal funds.
RTP Federal Share and Matching Requirements:
- In general: 80% Federal share / sliding scale.
- Federal project sponsors may provide an additional Federal share up to 95% Federal.
- Funds from Federal programs can match RTP funds.
- RTP Funds may match other Federal funds.
- States may allow a programmatic match.
How do I get funds for my project?
- Contact your State RTP or TE Administrator: see www.fhwa.dot.gov/environment/rectrails/rtpstate.htm or www.enhancements.org.
- Develop a workable, realistic project.
- Get public support.
- Develop funding sources and donations.
- Consider youth corps involvement
- Youth Corps: Seek out project sponsors. See www.corpsnetwork.org / Policy / Transportation.
- Develop a good design: consider the trail setting, community benefits, user needs, accessibility.
- Consider potential problems:
- Environmental impacts: wetlands, endangered species, archaeological impacts, etc.
- Permits
- Public opposition: liability, property rights, safety, environmental impact.
- Complete the project application completely.
- If approved, get to work!
- Submit an invoice if you want to get paid!
- The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See www.corpsnetwork.org/transportation/.
- See Manuals and Guides for Trail Design, Construction, Maintenance, and Operation, and for Signs at www.fhwa.dot.gov/environment/rectrails/manuals.htm.
Complete the project application completely.
- Fully explain what the project will involve.
- Include detailed cost estimates so that the reviewer can fully understand specific cost items, not only an overall cost "guesstimate". Make sure the numbers add up correctly.
- Make sure your project match is eligible, incorporated into the project, and readily available.
- Be honest! Don't try to cover up potential problems such as impacts on environmental, historic, or cultural resources, hazardous waste, design constraints, etc. It is better to be aware of problems and mitigate them correctly, rather than potentially lose the whole project.
- Make sure you have sufficient title or easement rights. Property right interests must comply with the Uniform Act: see www.fhwa.dot.gov/realestate/ua/index.htm.
- Check your proposal before submitting, and make sure all sections are complete and accurate. A well-written, grammatically correct, and fully complete proposal is easier to read and evaluate, and an accurate application often indicates the ability to complete a quality project.
- Do not begin work prior to Federal approval to proceed. Costs incurred prior to Federal approval cannot be reimbursed.
However, please remember that project reviewers have limited time available to review your application. Provide the essential information necessary to determine if your project is eligible and beneficial. But please don't include information that is not relevant or necessary. Do not include:
- Historical anecdotes that don't directly relate to the project.
- Copies of supplemental reports that are not necessary to support the application.
- Costs and proposals for items that are not eligible or relevant: this may result in rejecting your entire project.
- Don't "pad" costs and don't "pad" donations or match: this may result in rejecting your entire project.
- Please don't start letter writing campaigns in support of the application. A few select letters of support may be helpful from key elected officials or high ranking decisionmakers--if required in the application process. But spam-style letter writing campaigns that don't provide useful information for the reviewer may only aggravate the reviewers.
After project approval:
- Get to work! States will rescind funds from projects that don't move forward, because funds expire if not used.
- Only perform work that is approved in the project agreement. If changes are needed, you must work with your State, and you may need Federal approval to amend the project agreement.
- You must submit an invoice if you want to get paid.
- You must not charge for ineligible items.
- You must not charge for work not covered in the project agreement.
- When the project is complete, make sure the State initiates project close out procedures.
Federal Highway Program Update
The Federal Surface Transportation Program must be reauthorized (or extended) in FY 2009. FHWA is considering input.
- National Surface Transportation Policy and Revenue Study Commission: www.transportationfortomorrow.org/.
- House Transportation & Infrastructure Committee: http://transportation.house.gov.
- State DOTs; Highway Users; Transit; Rail
- Federal Land Management Agencies
- Other Interests: air quality, bicyclists, climate change, ecosystems, environment, freight, trails, wetlands, wildlife...
- RTP: www.fhwa.dot.gov/environment/rectrails/authideas09.htm
- TE: www.fhwa.dot.gov/environment/te/authideas09.htm
Surface Transportation (Re)Authorization: Resources and Comments for Trails and Transportation Enhancements
September 2009
Several organizations have thoughts about surface transportation authorization considerations related to trails and transportation enhancement activities. The list of resources and comments focuses on viewpoints of interest to pedestrian, bicyclist, trail, and transportation enhancement advocates.
For more information:
- State RTP Administrator contacts: www.fhwa.dot.gov/environment/rectrails/rtpstate.htm.
- State TE Manager contacts: www.enhancements.org.
National RTP and TE oversight:
Christopher Douwes
Trails and Enhancements Program Manager
christopher.douwes@dot.gov
202-366-5013; fax 202-366-3409
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