####### Fact Sheets for Highway Provisions

**in the**

Safe, Accountable, Flexible, Efficient Transportation

Equity Act: A Legacy for Users

(SAFETEA-LU)

Federal Highway Administration

Office of Legislation and Strategic Planning

Program Analysis Team

October 25, 2007

Revision Notes

Revisions made in October 2007 compilation

-   Added new fact sheet for the Nonmotorized Transportation Pilot
    Program

-   Revised discussion of Federal share for Recreational Trails Program

-   Revised discussion of Federal share for Highway Safety Improvement
    Program

-   Correction of years for which takedowns for On-the-Job Training
    Supportive Services and Disadvantaged Business Enterprise Training
    apply to the apportionments of Surface Transportation Program funds

SAFETEA-LU

HIGHWAY PROGRAM FACT SHEETS

Appalachian Development Highway System Program 1

Congestion Mitigation and Air Quality Program 2

Congestion Mitigation Provisions 4

Construction of Ferry Boats and Ferry Terminal Facilities Program 5

Coordinated Border Infrastructure Program 7

Delta Region Transportation Development Program 9

Denali Access System Program 11

Emergency Relief Program 13

Environmental Review Process 14

Environmental Stewardship 16

Equity Bonus Program 18

Federal-aid Highways Obligation Limitation 20

Federal Lands Highway Programs 22

Future Strategic Highway Research Program 24

Guaranteed Funding 25

High Occupancy Vehicle Lanes 28

High Priority Projects Program 30

Highways for LIFE Pilot Program 32

Highway Bridge Program 34

Highway Safety Improvement Program 36

Highway Trust Fund and Taxes 38

Highway Use Tax Evasion Projects 41

Idling Reduction Facilities in Interstate Rights-of-Way 43

Interstate Maintenance Program 44

Interstate Oasis Program 46

Metropolitan Planning Program 47

National Corridor Infrastructure Improvement Program 50

National Highway System Program 52

National Historic Covered Bridge Preservation 54

National Scenic Byways Program 55

Nonmotorized Transportation Pilot Program 56

Projects of National and Regional Significance 57

Program Administration 59

Railway-Highway Crossings 61

Real-Time System Management Information Program 63

Recreational Trails Program 64

Safe Routes to School Program 66

State Infrastructure Bank Program 68

Statewide Planning 70

Stewardship and Oversight 71

Surface Transportation-Environmental Cooperative Research Program 73

Surface Transportation Program 74

Surface Transportation Research, Development and Deployment Program 76

Tolling Programs 79

Training and Education 81

Transportation, Community, and System Preservation Program 83

Transportation Conformity 85

Transportation Enhancement Program 87

Transportation Improvements 88

Transportation Infrastructure Finance and Innovation Act 90

Transportation Systems Management and Operations 92

Truck Parking Facilities 93

Work Zone Safety Provisions 94

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$470 M    \$470 M    \$470 M    \$470 M    \$470 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The Appalachian Development Highway System (ADHS) Program continues
funding for the construction of the Appalachian corridor highways in 13
States to promote economic development and to establish a State-Federal
framework to meet the needs of the region.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(7), 1116

Other: 40 USC 14501

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available until expended.
\[1116\]

Funds are subject to the overall Federal-aid obligation limitation, and
will receive no-year obligation authority prorated on the same basis as
for other Federal-aid programs. \[1102(c)(4) & (g)\]

Funds will be apportioned among the 13 eligible States based on the
latest available cost to complete estimate prepared by the Appalachian
Regional Commission. \[1116\]

**[Eligible Use of Funds]{.underline}**

Funds shall be available to construct highways and local access roads
under section 14501 of title 40, United States Code.

**[Program Features]{.underline}**

The Secretary of Transportation retains full oversight responsibilities
for the design and construction of all Appalachian Development System
Highways. \[1904\]

#### Federal Share

The Federal share remains at 80 percent. Toll credits may not be used
for the non-Federal share. \[40 USC 14501, 1116(c)\]

### Feasibility Study

From funds authorized for Surface Transportation Research under section
5101(a)(1) of SAFETEA‑LU, the Secretary of Transportation will make a
grant to the Appalachian Regional Commission to conduct a feasibility
study for the creation of a system of inland ports and distribution
centers in Appalachia. \[5513(d)\]

CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$1,667M   \$1,694M   \$1,721M   \$1,749M   \$1,777M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus program funds

**[Program Purpose]{.underline}**

The Congestion Mitigation and Air Quality Improvement Program (CMAQ)
provides funding for projects and programs in air quality nonattainment
and maintenance areas for ozone, carbon monoxide (CO), and particulate
matter (PM-10, PM-2.5) which reduce transportation related emissions.
\[23 USC 149(a)\]

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(5), 1103(d), 1808

Other: 23 USC 149, 104(b)(2), 126(c)

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

Funds are apportioned according to a formula based on population and
severity of pollution in ozone and carbon monoxide areas, similar to the
formula under TEA-21, but weighting factors have been revised.
\[1103(d), 104(b)(2)\]

A State may transfer CMAQ funds to its Surface Transportation, National
Highway System, Interstate Maintenance, Bridge, Highway Safety
Improvement, and/or Recreational Trails apportionment. The amount that
may be transferred may not exceed 50% of the amount by which the State's
CMAQ apportionment for the fiscal year exceeds the amount the State
would have been apportioned if the program had been funded at \$1.35
billion annually. 23 USC 126(c)

States and MPOs will give priority in distributing funds for projects
and programs to diesel retrofits and other cost-effective emission
reduction activities, and cost-effective congestion mitigation
activities that provide air quality benefits.

**[Eligible Use of Funds]{.underline}** \[1808(b)\]

Eligibility is expanded to include projects and programs that:

-   establish or operate advanced truck stop electrification systems

-   improve transportation systems management and operations that
    mitigate congestion and improve air quality

-   involve the purchase of integrated, interoperable emergency
    communications equipment

-   involve the purchase of diesel retrofits that are for motor vehicles
    or non-road vehicles and non-road engines used in construction
    projects located in ozone or particulate matter non-attainment or
    maintenance areas and funded under 23 USC

-   conduct outreach activities that provide assistance to diesel
    equipment and vehicle owners and operators regarding the purchase
    and installation of diesel retrofits

The following States are provided the flexibility to use CMAQ funds for
the activities listed:

-   Montana -- operation of public transit activities that serve a
    non-attainment or maintenance area \[1808(g)\]

-   Michigan -- operation and maintenance of intelligent transportation
    system strategies that serve a non-attainment or maintenance area
    \[1808(h)\]

-   Maine -- operation of passenger rail service between Boston, MA and
    Portland, ME \[1808(i)\]

-   Oregon -- operation of additional rail service between Eugene and
    Portland \[1808(j)\]

-   Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio --
    purchase of alternative fuels (as defined in section 301 of the
    Energy Policy Act of 1992) or biodiesel \[1808(k)\]

The eligible use of program funds for States that receive the minimum
apportionment is clarified to include projects that would be
CMAQ-eligible if in a non-attainment or maintenance area or any project
under the Surface Transportation Program. \[1808(c)\]

**[Program Features]{.underline}**

SAFETEA-LU adds new requirement that States and MPOs will give priority
to projects and programs to diesel retrofits and other cost-effective
emission reduction activities, and cost-effective congestion mitigation
activities that provide air quality benefits.

The EPA is to publish a list of approved diesel retrofit technologies
and the emission reduction effectiveness and cost effectiveness of the
technologies.

States and MPOs are encouraged to consult with State and local air
quality agencies in non-attainment and maintenance areas on the
estimated emission reductions from proposed congestion mitigation and
air quality improvement programs and projects.

An evaluation and assessment of CMAQ projects and programs to determine
the direct and indirect impact of the projects on air quality and
congestion is required. A cumulative database describing the impacts
shall be maintained and disseminated.

**[Federal Share]{.underline}**

The Federal share is generally 80 percent, subject to sliding scale and
90 percent for Interstate projects. Certain other activities, including
carpool/vanpool projects, priority control systems for emergency
vehicles and transit vehicles and traffic control signalization receive
a Federal share of 100 percent.

CONGESTION MITIGATION PROVISIONS

SAFETEA-LU includes a number of programs to encourage and promote the
safe and efficient management and operation of integrated, intermodal
surface transportation systems to mitigate the impacts of traffic
congestion and improve system reliability, including:

[Real-Time System Management Information Program]{.underline} \[1201\]

Establishes a new program aimed at providing in all States the ability
to monitor, in real time, the traffic and travel conditions on major
highways and to share that information to mitigate congestion and
improve the operation of the highway system. *(see separate fact sheet)*

##### 

[HOV Facilities]{.underline} \[1121\]

Enhances States' ability to manage congestion by increasing flexibility
to allow certain single occupant vehicles, such as deadheading public
transportation vehicles, tolled vehicles, and low emission / energy
efficient vehicles to use excess capacity in HOV facilities. Includes
provision to ensure that the operational performance of the facility
does not become seriously degraded. *(see separate fact sheet)*

[Tolling]{.underline} \[1604\]

Continues the existing Value Pricing program, funded at a total of \$59
million through 2009. Establishes a new Express Lanes Demonstration
Program focused on managing congestion and reducing emissions through up
to 15 projects by using tolls to support construction and management of
new capacity or management of existing HOV or toll facility capacity.
*(see separate fact sheet)*

[Congestion Mitigation and Air Quality Improvement Program]{.underline}
\[1808\]

Continues and expands eligibility for activities designed to improve
traffic flow and air quality, including projects to establish or operate
a traffic monitoring, management, and control facility or program;
programs or projects that improve traffic flow, including projects to
improve signalization, construct high occupancy vehicle lanes, improve
intersections, and implement ITS strategies; and programs or projects
that improve transportation systems management and operations. *(see
separate fact sheet)*

[Surface Transportation Congestion Relief Solutions
Research]{.underline} \[5502\]

Provides a total of \$36 million in funding for research and \$3 million
for training and technical assistance activities focused on congestion
measurement and reporting, and development and implementation of
effective congestion relief strategies.

[Future Strategic Highway Research Program]{.underline} \[5210\]

Establishes new program, to be carried out through the National Academy
of Sciences, funded at a total of \$205 million for 2006-2009, to focus
on research in four high priority areas, including reduction of
non-recurring highway congestion. *(see separate fact sheet)*

[Intelligent Transportation System (ITS) Research]{.underline} \[5306\]

Provides \$550 million in funding and establishes specific priority
areas and goals for ITS research, including reduction of congestion.

CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$38M      \$55M      \$60M      \$65M      \$67M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

This discretionary program provides funding for the construction of
ferry boats and ferry terminal facilities.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(13), 1801

Other: 23 USC 147 & 129(c)

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available until expended. Funds
are subject to the overall Federal-aid obligation limitation.

In addition to the authorizations provided in section 1101, there is
funding authorized from the General Fund of the Treasury of such sums as
may be necessary (ssambn) to carry out the provisions of the program for
fiscal years 2006 through 2009. These funds are subject to annual
appropriation. \[1801\]

For fiscal years 2005 through 2009, \$20M of each year's authorization
is set aside for projects within the marine highway systems that are
part of the NHS. Each year the \$20M setaside will be distributed in the
following manner:

-   \$10M to the State of Alaska

-   \$5M to the State of New Jersey

-   \$5M to the State of Washington

Priority shall be given to projects that:

-   provide critical access to areas not well served by other modes of
    surface transportation

-   carry the greatest number of passengers and vehicles

-   carry the greatest number of passengers in passengers-only service

**[Eligible Use of Funds]{.underline}**

Funds shall be available to construct ferry boats and ferry terminal
facilities within the States and territories of the United States. The
ferry boat must operate on a route classified as a public road and not
on the Interstate and be either publicly owned or operated or majority
publicly owned. Except as permitted under 23 USC 129(c)(5), ferry
operations cannot be operated in foreign or international waters.

**[Program Features]{.underline}**

The Secretary is required to establish a national ferry database. The
database must be compiled within 1 year of enactment of SAFETEA-LU, be
updated every 2 years, and be readily available to the public. Funding
to establish and maintain the database will be provided by a takedown of
up to \$500,000 from Bureau of Transportation Statistics funds (section
5101). The database will contain information regarding routes, vessels,
passengers and vehicles carried, funding sources, and other useful
information. Using information collected through the database, the
Secretary shall periodically update the report submitted under section
1207(c) of TEA-21.

#### Federal Share

The Federal share is 80 percent.

COORDINATED BORDER INFRASTRUCTURE PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$123M     \$145M     \$165M     \$190M     \$210M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

To improve the safe movement of motor vehicles at or across the land
border between the U.S. and Canada and the land border between the U.S.
and Mexico. This program replaces the TEA-21 Coordinated Border
Infrastructure discretionary program which ends after 2005.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(11), 1303

**[Funding/Formula]{.underline}**

Funded by contract authority, funds are subject to the overall
Federal-aid obligation limitation, not transferable except as permitted
for transfer to GSA (see below), and remain available until expended.

Funds are to be apportioned among border States based on factors related
to the movement of people and goods through the land border ports of
entry within the boundaries of the State as follows:

-   20% based on number of incoming commercial trucks

-   30% number of incoming personal motor vehicles and buses

-   25% based on weight of incoming cargo by commercial trucks

-   25% based on number of land border ports of entry

For FY 2005, \$140 million is provided for the combination of the
National Corridor Planning and Development and Coordinated Border
Infrastructure discretionary programs under Sections 1118 and 1119 of
TEA-21 to be administered under the terms of those sections..
\[1101(a)(19)\]

**[Eligible Use of Funds]{.underline}**

States may use funds in a border region, defined as any portion of a
border State within 100 miles of an international land border with
Canada or Mexico, for the following types of improvements to
facilitate/expedite cross border motor vehicle and cargo movements:

-   improvements to existing transportation and supporting
    infrastructure

-   construction of highways and related safety and safety enforcement
    facilities related to international trade

-   operational improvements, including those related to electronic data
    interchange and use of telecommunications

-   modifications to regulatory procedures

-   international coordination of transportation planning, programming,
    and border operation with Canada and Mexico.

**[Program Features]{.underline}**

Projects in Canada or Mexico -- a border State may use these funds to
construct a project in Canada or Mexico if the project directly and
predominantly facilitates cross-border vehicle and cargo movement at an
international port of entry in the border region of the State.
Canada/Mexico must assure that the project will be constructed to
standards equivalent to those in the US, and be maintained and used over
the useful life of the facility only for the purpose for which the funds
were allocated.

Transfers to General Services Administration (GSA) -- if a border State
requests, the Secretary approves, and GSA agrees, up to 15% or \$5M
(whichever is less) of the State's border program funds may be
transferred to GSA to carry out 1 or more eligible projects. The State
must provide the non-Federal share directly to GSA.

#### Federal Share

The Federal share is generally 80 percent, subject to the sliding scale
adjustment. When the funds are used for Interstate projects to add high
occupancy vehicle or auxiliary lanes, but not other lanes, the Federal
share may be 90 percent, also subject to the sliding scale adjustment.
Certain safety improvements listed in 23 USC 120(c) have a Federal share
of 100 percent.

DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$10 M     \$10 M     \$10 M     \$10 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

To support and encourage multistate transportation planning and corridor
development, provide for transportation project development, facilitate
transportation decisionmaking and support transportation construction in
the eight States comprising the Delta Region (Alabama, Arkansas,
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee).

#### Statutory References

SAFETEA-LU Section(s): 1308, 1923

**[Funding]{.underline}**

Funded by contract authority, to remain available until expended.
Contract authority is not subject for transfer and is subject to the
overall Federal-aid obligation limitation. \[1308\]

Funds are distributed at the discretion of the Secretary of
Transportation giving priority to projects that emphasize multimodal
planning, including planning for operational improvements that---

-   increase the mobility of people and goods

-   improve the safety of the transportation system with respect to
    catastrophic natural disasters or disasters caused by human activity

-   contribute to the economic vitality of the area in which the project
    is located.

**[Eligible Use of Funds]{.underline}**

Eligible uses are multistate highway planning, development and
construction projects with projects selected on the basis of---

-   whether the project is in an area under the authority of the Delta
    Regional Authority (DRA) and on a Federal-aid highway

-   endorsement of the project by the State department of transportation

-   evidence of the ability of the recipient of funds provided under the
    program to complete the project.

State departments of transportation and metropolitan planning
organizations are eligible recipients of funds under this program.

#### Federal Share

The Federal share is 80 percent, subject to the sliding scale
adjustment. Delta funds may be used as the non-Federal share of the
costs of projects funded under 23 USC.

### Transportation Assets and Needs of Delta Region \[1923\]

The Secretary of Transportation is to enter into an agreement with the
DRA to conduct a comprehensive study of transportation assets and needs
for all modes of transportation, including passenger and freight
transportation, in the eight-State Delta region. In conducting the
study, the DRA is to consult with the Delta region's State and local
governments and planning organizations. The DRA is to submit to the
Secretary and the House Transportations and Infrastructure Committee and
the Senate Environment and Public Works Committee a final report on the
results of the study along with any recommendations the DRA considers
appropriate. Upon completion of the report, the DRA is to establish a
regional strategic plan to implement the recommendations of the report.
Funding for the study and plan, \$500,000 for each of fiscal years 2005
and 2006, is contract authority, subject to the obligation limitation,
available until extended, and may not be transferred.

DENALI ACCESS SYSTEM PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$15 M     \$15 M     \$15 M     \$15 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The new Denali Access System Program will fund planning, design,
engineering, and construction of road and other surface transportation
infrastructure identified for the Denali access system.

#### Statutory References

SAFETEA-LU Section(s): 1960

Other: Denali Commission Act of 1998 (42 USC 3121 note)

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available until expended.
Contract authority is not subject for transfer and is subject to the
overall Federal-aid obligation limitation. \[1960\]

The Secretary is to provide the funds directly to the Denali Commission
to carry out the program in consultation with the Denali Access System
Program Advisory Committee. In distributing funds for projects, the
Commission is to consult the list of transportation priorities developed
by the Advisory Committee.

In addition to the funds authorized for the Denali Access System, the
State of Alaska may transfer up to 15 percent of its Surface
Transportation Program apportionment to the Denali Access System
program.

**[Eligible Use of Funds]{.underline}**

Eligible uses are planning, design, engineering, and construction of
road and other surface transportation infrastructure identified for the
Denali access system. Funding for a construction project under this
program may include additional amount equal to not more than 10 percent
of the total cost of construction to be retained for future maintenance
of the project. Funds so retained may not be used for any other purpose.

**[Program Features]{.underline}**

The Commission is the lead agency for purposes of accepting Federal
funds and for purposes of carrying out the program.

The Denali Access Program Advisory Committee is established to consist
of 9 members, including the chairman of the Denali Commission; four
members representing existing regional native corporation, native
nonprofit entities, or tribal governments, of which one of the four must
be a civil engineer; and four members representing rural Alaska regions
or villages, of which one of the four must be a civil engineer. The
Advisory Committee's responsibilities are to:

-   advise the Commission on surface transportation needs of Alaska
    Native villages and rural communities, including projects for the
    construction of essential access routes within remote Alaska Native
    villages and rural communities and for the construction of roads and
    facilities necessary to connect isolated rural communities to a road
    system

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-   advise the Commission on considerations for coordinating
    transportation planning among the Alaska Native villages, Alaska
    rural villages, the State, and other government entities

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-   establish an annual list of transportation project priorities and
    funding recommendations for Alaska Native villages and rural
    communities

-   facilitate the Commission's work when a transportation project
    involves more than one region.

Construction of projects under this section shall, to the maximum extent
practicable, encourage the use of employees and businesses that are
residents of Alaska.

Technology and design standards for a Denali Access System project shall
be determined by the Commission as appropriate given the location and
the functionality of the project.

#### Federal Share

The Federal share is 80 percent, subject to the sliding scale
adjustment. Denali funds may be used as the non-Federal share of the
costs of projects funded under 23 USC.

EMERGENCY RELIEF PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$100 M    \$100 M    \$100 M    \$100 M    \$100 M
  (HTF)                                                        

  Authorization    SSAMBN\*   SSAMBN\*   SSAMBN\*   SSAMBN\*   SSAMBN\*
  (GF)                                                         
  ---------------- ---------- ---------- ---------- ---------- ----------

\* Such sums as may be necessary

**[Program Purpose]{.underline}**

The Emergency Relief program provides funds for the repair or
reconstruction of Federal-aid highways and roads on Federal lands that
have suffered serious damage as a result of natural disasters or
catastrophic failure from an external cause

#### Statutory References

SAFETEA-LU Section(s): 1112, 1937

Other: 23 USC 125

**[Funding]{.underline}**

Funded by a permanent authorization of contract authority from the
Highway Trust Fund with obligations not to exceed \$100 million per
year, available until expended, and exempt from the Federal-aid highway
obligation limitation. 23 USC 125

In addition to the permanent authorization, SAFETEA-LU authorizes from
the General Fund of the Treasury such sums as may be necessary to
supplement the permanent authorization in years when Emergency Relief
allocations exceed \$100 million. Appropriation legislation would be
necessary to make the additional funds available. \[1112\]

**[Devils Lake]{.underline}**

Emergency Relief funds are to be made available, without requiring any
further emergency declaration, for the construction of necessary
measures for the continuation of roadway services or the impoundment of
water to protect roads at Devils Lake in North Dakota. The maximum
amount of Emergency Relief funds to be provided for this purpose is \$10
million per year and an aggregate of \$70 million. This funding
limitation does not apply to emergency relief in response to an eligible
event occurring after the date of enactment of SAFETEA-LU or an
authority under any other provision of law. \[1937\]

ENVIRONMENTAL REVIEW PROCESS

#### Purpose

SAFETEA-LU incorporates changes aimed at improving and streamlining the
environmental process for transportation projects. These changes,
however, come with some additional steps and requirements on
transportation agencies.

#### 

#### Statutory References

SAFETEA-LU Section(s): \[6002-6005, 6007, 6009, 6010\]

### Features

#### Efficient environmental reviews

A new environmental review process is established for highways, transit,
and multimodal projects. The process applies to new projects advanced
with environmental impact statements and can be applied, if DOT elects,
to projects advanced with other environmental documents. A new category
of "participating agencies" is added, to allow more state, local, and
tribal agencies a formal role and rights in the environmental process.
After providing an opportunity for public and interagency involvement,
DOT will define the project's purpose and need, and establish a plan for
coordinating public and agency participation. As early as practicable in
the process, DOT is to provide an opportunity for a range of
alternatives to be considered for a project. If any issue that could
delay the process cannot be resolved within 30 days, DOT must notify
Congress. A 180-day statute of limitations for lawsuits challenging
Federal agency approvals is provided, but it will require a new step of
publishing environmental decisions in the Federal Register. \[6002\]

# State assumption of responsibilities

-   After entering into a Memorandum of Understanding with the
    Secretary, each State may assume responsibility for categorical
    exclusions, with FHWA in a programmatic monitoring role. Another
    provision calls for the Secretary to establish a categorical
    exclusion, to the extent appropriate, for activities that support
    the deployment of intelligent transportation infrastructure and
    systems. \[6004,6010\]

-   SAFETEA-LU establishes a project delivery pilot program for 5 States
    (specified as Alaska, Ohio, Oklahoma, Texas, and California),
    allowing them to apply to USDOT to assume all USDOT environmental
    responsibilities under NEPA and other environmental laws (excluding
    the Clean Air Act and transportation planning requirements). This
    delegation authority is limited to highway projects, and it could be
    for specific projects within a State or a programmatic delegation.
    \[6005\]

-   A pilot program is established under which, during the first 3 years
    after enactment, the Secretary may allow up to 5 States to assume
    environmental responsibilities \[including NEPA and 4(f)\] for
    Recreational Trails and Transportation Enhancement projects.
    \[6003\]

**Section 4(f)**

Section 4(f) of the DOT Act prohibits projects on publicly owned parks,
recreation areas, wildlife and waterfowl refuges, or historic sites
unless there is no feasible and prudent alternative and all possible
mitigation is used. Under SAFETEA-LU, the Secretary can comply with
Section 4(f) in a streamlined manner by finding that the program or
project will have a "de minimis" impact on the area -- i.e., there are
no adverse effects of the project and the relevant State Historic
Preservation Officer or other official with jurisdiction over a property
concurs. The Secretary is to conduct a study evaluating the
implementation of the changes to Section 4(f) , and report to Congress
no earlier than 4 years after enactment. The Interstate System is
exempted from being treated as an historic resource under Section 4(f),
unless the Secretary determines that individual elements possess
national or exceptional historic significance and should receive
protection. The Secretary is to conduct a rulemaking to clarify the 4(f)
standard of "prudent and feasible" for alternatives. \[6007, 6009\]

### Design-Build

Eliminates the \$50 million floor on the size of eligible contracts;
Secretary must issue revised regulations that will allow transportation
agencies to proceed with certain actions prior to receipt of final NEPA
approval. \[1503\]

ENVIRONMENTAL STEWARDSHIP

#### Purpose

SAFETEA-LU retains and increases funding for environmental programs of
TEA-21, and adds new programs focused on the environment. SAFETEA-LU
also includes significant new environmental requirements for the
planning process.

# [New Programs]{.underline} *(see separate fact sheets)*

In addition to continuing the CMAQ, Ferry Boats, Recreational Trails,
and Scenic Byways programs, SAFETEA-LU establishes the following new
programs focused on the environment --

-   Safe Routes to School \[1404\]

-   Highways for LIFE \[1502\]

-   National Historic Covered Bridge Preservation \[1804\]

-   Nonmotorized Transportation Pilot \[1807\]

# [Core Program Eligibilities]{.underline}

Expands NHS and STP eligibilities to include environmental restoration
and pollution abatement to minimize the impact of transportation
projects, control of noxious weeds and aquatic noxious weeds, and
establishment of native species. \[6006\]

Expands STP eligibility to include advanced truck stop electrification
systems. \[1113\]

Clarifies and expands CMAQ eligibility to include diesel retrofits,
advanced truck stop electrification, interoperable emergency
communications equipment, and alternative fuel purchases in designated
States, with an emphasis on cost-effective projects. \[1808\]

# [Wildlife Vehicle Collision Reduction Study]{.underline}

The Secretary is to conduct a study of methods to reduce collisions
between motor vehicles and wildlife, and report to Congress within 2
years on causes, impacts, and solutions. A manual of best practices is
due 1 year after report to Congress. The Secretary is required to
develop a training course for transportation professionals. \[1119\]

### Use of High Occupancy Vehicle (HOV) Lanes *(see separate fact sheet)*

Enhances and clarifies provisions governing the use and operation of HOV
lanes. \[1121\]

###### [Idling Reduction in Rights-of-Way]{.underline}

Permits electrification or other idling reduction facilities and
equipment for use by commercial motor vehicles to be placed in
rights-of-way on the Interstate System. \[1412\]

### Historic Covered Bridges

Authorizes \$10 million per year for 2006 through 2009 for
rehabilitation, repair, or preservation of historic covered bridges.
\[1804\]

# [Use of Debris from Demolished Bridges and Overpasses]{.underline}

If a bridge eligible for assistance under section 144 of title 23 is
demolished, the debris is to be made available to Federal, State, or
local government for shore erosion control or stabilization, ecosystem
restoration, or marine habitat creation, unless it would obstruct
navigation. \[1805\]

### Community Enhancement Study

Authorizes set-aside of \$1 million in each of 2006 and 2007 from TCSP
funds for a study on the role of a well-designed transportation projects
in promoting economic development; protecting public health, safety, and
the environment; enhancing the architectural design and planning of
communities; and the positive economic, cultural, aesthetic, scenic,
architectural, and environmental benefits of such projects for
communities. \[1925\]

######### [Transportation Planning]{.underline} 

Requirements are added in the metropolitan and statewide transportation
planning processes for plans to address environmental mitigation,
improved performance, multimodal capacity, and enhancement activities;
tribal, bicycle, pedestrian, and disabled interests are to be
represented. \[6001\]

##### **Context Sensitive Solutions**

Authorizes the Secretary to consider the FHWA report, "Flexibility in
Highway Design" and the national context sensitive solutions workshop
document, "Eight Characteristics of Process to Yield Excellence and the
Seven Qualities of Excellence in Transportation Design" in establishing
standards to be used on the National Highway System. \[6008\]

EQUITY BONUS PROGRAM

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$7,428 M  \$6,873 M  \$8,327 M  \$9,175 M  \$9,093 M
  ----------------- ---------- ---------- ---------- ---------- ----------

\* Such sums as may be necessary are authorized. Amounts shown are
estimates.

**[Program Purpose]{.underline}**

The Equity Bonus provides funding to States based on equity
considerations. These include a minimum rate of return on contributions
to the Highway Account of the Highway Trust Fund, and a minimum increase
relative to the average dollar amount of apportionments under TEA-21.
Selected States are guaranteed a share of apportionments and High
Priority Projects not less than the State's average annual share under
TEA-21. This program replaces TEA-21's Minimum Guarantee program.

#### Statutory References

SAFETEA-LU Section(s): 1104, 1102

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years.

Each State's share of apportionments from the Interstate Maintenance
(IM), National Highway System (NHS), Bridge, Surface Transportation
(STP), Highway Safety Improvement (HSIP), Congestion Mitigation and Air
Quality Improvement (CMAQ), Metropolitan Planning, Appalachian
Development Highway System, Recreational Trails, Safe Routes to School,
Rail-Highway Grade Crossing, Coordinated Border Infrastructure programs,
the Equity Bonus itself, along with High Priority Projects will be at
least a specified percentage of that State's contributions to the
Highway Account of the Highway Trust Fund. The specified percentage,
referred to as a relative rate of return, is 90.5% for 2005 and 2006,
91.5% for 2007, and 92% for 2008 and 2009.

States with certain characteristics will receive a share of
apportionments and High Priority Projects that is the greater of the
relative rate of return approach described above or their average annual
share of total apportionments and High Priority Projects under TEA-21.
This applies to States with:

-   a population density of less than 40 persons per square mile and of
    which at least 1.25% of the total acreage is under Federal
    jurisdiction; or

-   a total population less than 1 million; or

-   a median household income of less than \$35,000; or

-   a 2002 Interstate fatality rate greater than 1 per 100M VMT; or

-   a State with an indexed State motor fuel tax rate higher than 150%
    of the Federal motor fuel excise tax rate as of the date of
    enactment of SAFETEA-LU

In any given year, no State is to receive less than a specified
percentage of its average annual apportionments and High Priority
Projects under TEA-21. These percentage floors are 117% for 2005, 118%
for 2006, 119% for 2007, 120% for 2008, and 121% for 2009.

All but \$2,639,000,000 per year is programmatically distributed to the
IM, NHS, Bridge, STP, HSIP, and CMAQ programs. Of the remainder,
\$639,000,000 is exempt from the obligation limitation and \$2 billion
receives special no year limitation. \[1104, 1102\]

**[Eligible Use of Funds]{.underline}**

Amounts programmatically distributed to other programs take on the
eligibilities of those programs. The remaining \$2,639,000,000 has the
same eligibilities as STP funds, but is not subject to the STP safety
setaside, the transportation enhancement setaside or the suballocations
to sub-State areas.

#### Federal Share

The Federal share for the funds programmatically distributed to other
programs have the same Federal share as those programs. For the
remainder of the funds (\$2,639 million per year), the Federal share is
determined under 23 USC 120, that is, the Federal share is generally 80
percent, subject to the sliding scale adjustment. When the funds are
used for Interstate projects to add high occupancy vehicle or auxiliary
lanes, but not other lanes, the Federal share may be 90 percent, also
subject to the sliding scale adjustment. Certain safety improvements
listed in 23 USC 120(c) have a Federal share of 100 percent.

FEDERAL-AID HIGHWAYS OBLIGATION LIMITATION

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Limitation       \$34,422 M \$36,032 M \$38,244 M \$39,585 M \$41,200 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Purpose]{.underline}**

A limitation is placed on Federal-aid highway and highway safety
construction program obligations to act as a ceiling on the obligation
of contract authority that can be made within a specified time period,
usually a fiscal year, regardless of the year in which the funds are
authorized. These limits are imposed in order to control the highway
program spending in response to economic and budgetary conditions.

#### Statutory References

SAFETEA-LU Section(s): 1102, 1105, 8002

Other: 23 USC 110(a)(2), 251b)(1)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.

**[Distribution of Limitation]{.underline}**

The majority of the limitation available for a single fiscal year and is
distributed among the States based on each State's relative share of the
total of apportioned funds subject to the limitation to all States for
the fiscal year. \[1102(c)(6)\]

*Exempt Programs*.---Certain Federal-aid highway programs---Emergency
Relief, a portion of the new Equity Bonus (\$639 million per year),
demonstration projects authorized prior to TEA-21, and balances from a
portion of the old Minimum Guarantee (\$639 million per year) and the
old Minimum Allocation program---are exempt from the obligation
limitation. \[1102(b)\]

*100% Programs*.---Prior to distribution, limitation is set aside for
administrative expenses, the Highway Use Tax Evasion program, and the
Bureau of Transportation Statistics at 100 percent of the funding
available for these programs. Limitation is also setaside for the funds
carried over from the prior year for allocated program
\[1102(c)(1)-(2)\]

*Calculation of Ratio*.---After making the setasides for the 100%
programs described above, the ratio is calculated of the remaining
obligation limitation to the remaining contract authority subject to the
limitation for which limitation has not yet been set aside.

*Special Limitation*.---Continues the practice of providing special "no
year" limitation that is available until used for certain programs and
expands the list of such programs. The Appalachian Development Highway
System, the High Priority Projects program, Projects of National and
Regional Significance, National Corridor Infrastructure Improvement
program, Transportation Projects, and designated Bridge Projects (and in
2005, programs funded by section 117 of division H of the Consolidated
Appropriations Act, 2005) receive limitation equal to the amount
authorized for the program multiplied by the ratio. A portion of the
Equity Bonus (\$2 billion per year) also receives special limitation.
Special limitation is not subject to the August Redistribution described
below. \[1102(c)(4) & (g)\]

*Allocated Programs*.---As in TEA-21, allocated programs for which
limitation has not been setaside in earlier steps of the distribution
each receive limitation equal to the amount authorized for the program
times the ratio. Contract authority in excess of the limitation provided
is withdrawn (lopped off) from the program and combined with the amounts
withdrawn from other allocated programs to be distributed to States by
formula to be used like Surface Transportation Program funds.
\[1102(c)(5) & (f)\]

*Formula Limitation*.---The remaining obligation limitation is
distributed among the States based on each State's relative share of the
total of apportioned funds subject to the limitation to all States for
the fiscal year. \[1102(c)(6)\]

*August Redistribution*.---The law provides for a redistribution in
August of each year of the obligation limitation from those States or
programs unable to obligate their shares of the limitation to States or
programs that are able to obligate more than their initial shares of the
limitation.

##### Special Rules

*Research Programs*.---Obligation limitation for research programs
authorized under section 5101(a) of SAFETEA-LU is available for 3 years.

*High Priority Projects*.---The treatment of obligation limitation for
High Priority Projects is modified with obligation limitation assigned
individually to High Priority Projects numbered 1-3676 and in aggregate
to each State for projects numbered 3677-5173.

*Flexibility for FY 2005*.---For fiscal year 2005 only, obligation
limitation set aside for the High Priority Projects program, Projects of
National and Regional Significance, National Corridor Infrastructure
Improvement program, and Transportation Projects may be used as formula
limitation. Limitation so used is to be restored to its original purpose
when the FY 2006 obligation limitation is distributed.

[Adjustment of the Obligation Limitation]{.underline}

The special budgetary treatment accorded the highway program continues
with funding levels based on estimated receipts to the Highway Account
of the Highway Trust Fund. The levels will be adjusted as new receipt
projections and actual receipts become available. Negative adjustments
are possible, but will not be made in any year when, on October 1 of
that year, the balance in the Highway Account of the Highway Trust Fund
exceeds \$6 billion. \[1102(h), 1105, 8002\]

FEDERAL LANDS HIGHWAYS

  ---------------- ------------ ------------ ------------ ------------ --------------
                   2005         2006         2007         2008         2009

  Indian           \$300M       \$330M       \$370M       \$410M       \$450M
  Reservation                                                          
  Roads                                                                

  Park Roads &     \$180M       \$195M       \$210M       \$225M       \$240M
  Parkways                                                             

  Refuge Roads     \$29M        \$29M        \$29M        \$29M        \$29M

  Public Lands     \$260M       \$280M       \$280M       \$290M       \$300M

  **Total**        **\$769M**   **\$834M**   **\$889M**   **\$954M**   **\$1,019M**
  ---------------- ------------ ------------ ------------ ------------ --------------

**[Program Purpose]{.underline}**

The Federal Lands Highways program provides for transportation planning,
research, engineering, and construction of highways, roads, and parkways
and transit facilities that proved access to or within public lands,
national parks, and Indian reservations.

#### Statutory References

SAFETEA-LU Section(s): 1119

Other: 23 USC 202, 203, 204

**[Funding]{.underline}**

Federal Lands Highways (FLH) program authorizations thru 2009 for Indian
Reservation Roads (IRR), Park Roads and Parkways, Refuge Roads, and
Public Lands Highways total \$4.5 billion.

Direct transfer of apportioned funds to a Federal agency upon State
request is now allowed.

FLHP funds can be used as the State/local match for Federal-aid highway
or transit projects that provide access to or within Federal or Indian
lands.

**[Indian Reservation Roads]{.underline}**

SAFETEA-LU makes significant changes in the IRR program.

*Funding.* IRR funds that are transferred to the Secretary of the
Interior must be made available to the tribe with 30 days of transfer.
In addition, IRR funds shall only be expended on projects identified in
a transportation improvement program approved by the Secretary.

*BIA Expenses.* Funding for the Bureau of Indian Affairs (BIA) program
management and oversight expenses is provided, although this amount now
includes BIA project-related administrative expenses.

*PS&E Approval.* Tribal government may approve PS&E and commence
construction with TEA-21 and SAFETEA-LU IRR funds if health and safety
standards are met and the PS&E are certified by a state-licensed civil
engineer.

*Contracts and Agreements with Indian Tribes.* IRR funding for a
highway, road, bridge, parkway, or transit facility program or project
that is on or provides access to an Indian reservation may now be
provided via a funding agreement, in accordance with the Indian
Self-Determination and Education Assistance Act, to a requesting Indian
tribal government or consortium (2 or more tribes) that has
satisfactorily demonstrated financial stability and financial management
to the Secretary. The amount provided includes such additional amounts
as the Secretary determines equal the amounts that would have been
withheld for the costs of the BIA for administration of the program or
project.

*National Tribal Transportation Facility Inventory.* In order to
identify the tribal transportation system and determine the relative
transportation needs among the tribes, the Secretary, in cooperation
with the Secretary of the Interior, shall complete a comprehensive
national inventory of transportation facilities that are eligible for
assistance under the IRR program within 2 years of enactment. Report to
Congress due within 90 days after inventory is completed.

*IRR Bridges*. Separate contract authority (replaces the previous
set-aside) of \$14 million/year for 2005-2009 is provided to carry out
planning, design, engineering, preconstruction, construction, and
inspection of projects to replace structurally deficient or functionally
obsolete IRR bridges.

*Road Maintenance*. Up to 25% of a tribe's IRR funds may now be used for
the purpose of IRR system maintenance as defined in 25CFR170, although
BIA will retain primary responsibility for IRR maintenance programs
through DOI appropriations.

*Tribal-State Road Maintenance Agreements.* An Indian tribe may enter
into a road maintenance agreement with a State to assume the
responsibilities of the State for IRR roads and roads providing access
to Indian reservations. Annual report to Congress required beginning in
2005 (prepared and submitted by the Secretary) identifying tribes and
States that have entered into these agreements, miles assumed, and funds
transferred.

*Deputy Assistant Secretary of Transportation for Tribal Government
Affairs.* A new position in DOT is established to plan, coordinate, and
implement DOT programs serving Indian tribes.

**[Park Roads and Parkways]{.underline}**

No change

**[Refuge Roads]{.underline}**

No change

### Public Lands Highways

New eligible uses of Public Lands funds include up to \$20 million per
year for maintenance of Forest Highways, \$1 million per year for
signage identifying public hunting and fishing access, and \$10 million
by the Secretary of Agriculture to facilitate the passage of aquatic
species beneath roads in the National Forest System.

FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM (F-SHRP)

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$51.25M   \$51.25M   \$51.25M   \$51.25M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The program provides for a time-specific, concentrated, short-term and
results-oriented research program focused on solving the top problems of
highway safety, reliability, capacity, and renewal.

#### Statutory References

SAFETEA-LU Section: 5210

**[Funding]{.underline}**

Funded from Surface Transportation Research, authorization in
5101(a)(1). Funds are contract authority, to remain available for 4
years, and may not be transferred. Federal share is 100%.

##### Program Administration

Projects and researches must, to the maximum extent practicable, be
selected on merit basis through open solicitation; State and other
stakeholders to be involved in governance of program; Council to acquire
a permanent core staff; no duplication of effort with other Departmental
research. Provides for limitation of remedies, treatment of individuals
associated with F-SHRP activities as Federal employees, and payment of
claims. Programmatic evaluation to be conducted by Comptroller General
within 3 years.

**[Program Features]{.underline}**

The Secretary, in consultation with AASHTO, will carry out a future
strategic highway research program through the National Research Council
of the National Academy of Sciences.

F-SHRP will issue requests for proposals, award contracts, conduct
research, and disseminate research results as defined in Special Report
260 (*Strategic Highway Research: Saving Lives, Reducing Congestion,
Improving Quality of Life)* and NCHRP Report 510 (*Interim Planning for
a Future Strategic Highway Research Program)* to support the priority
areas of:

-   *renewal* -- accelerate renewal of aging infrastructure through a
    consistent, systematic approach that is rapid, causes minimum
    disruption, and produces long-lived facilities.

-   *safety* --prevent or reduce the severity of highway crashes through
    more accurate knowledge of crash factors and of the
    cost-effectiveness of countermeasures in addressing these factors.

-   *reliability* -- provide a highway system with reliable travel times
    by preventing and reducing the impact of nonrecurring congestion.

-   *capacity* --develop approaches and tools for systematically
    integrating environmental, economic, and community requirements into
    the analysis, planning, and design of new highway capacity.

Report to Congress on strategies and administrative structure for
implementation of results must be prepared by TRB, in consultation with
stakeholders, and submitted to Congress by February 1, 2009. Must
include identification of most promising results, potential
incentives/impediments to implementation, estimate of costs,
recommendations for future implementation.

GUARANTEED FUNDING

  ------------------ ----------- ----------- ----------- ----------- ----------- ------------
  Year               2005        2006        2007        2008        2009        Total

  Guaranteed                                                                     
  Available for                                                                  
  Obligation                                                                     

  Highway Category:                                                              

  Firewall           \$35,164M   \$37,221M   \$39,461M   \$40,824M   \$42,470M   \$195,892M

  Exempt             \$739M      \$739M      \$739M      \$739M      \$739M      \$3,6954M

  Total              \$35,903M   \$37,960M   \$40,199M   \$41,563M   \$43,209M   \$198,834M

  Mass Transit                                                                   
  Category:                                                                      

  Firewall           \$7,646M    \$8,623M    \$8,975M    \$9,731M    \$10,338M   \$45,313M

  Total              \$43,550M   \$46,583M   \$49,174M   \$51,294M   \$53,547M   \$244,148M
  ------------------ ----------- ----------- ----------- ----------- ----------- ------------

**[Purpose]{.underline}**

SAFETEA-LU extends the practice of establishing separate budget
categories for highway and mass transit discretionary spending,
establishing a budgetary "firewall" between each of those programs and
all other discretionary programs.

#### Statutory References

SAFETEA-LU Section(s): 8001-8005, 1102, 1105

Other: Sections 250-251 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (BBEDCA), as amended; 23 USC 110

### Features

The highway category firewall includes the Federal-aid highway program
obligation limitation and the contract authority for Highway Safety and
Motor Carrier Safety in Titles II and IV of SAFETEA‑LU. \[8001,
250(c)(4)(B) of BBEDCA\]

The mass transit category firewall includes both the programs funded
from the Mass Transit Account of the Highway Trust Fund and those funded
from the General Fund. \[8001, 250(c)(4)(C) of BBEDCA)

If overall discretionary budget caps were in place (not so at the time
of enactment of SAFETEA-LU), the highway and mass transit firewalls
would protect the highway, highway safety, and transit programs that
were within the firewalls from having to compete with other
discretionary programs for room within those caps. Highway or transit
program funding could still be reduced, but the reductions would not
allow increases in other discretionary programs. This removes one of the
principal motivations to restrict highway and transit spending in the
budget /appropriations process.

Funding for the programs is also protected by the Rules of the House of
Representatives which specify that, "It shall not be in order to
consider a bill, joint resolution, amendment, or conference report that
would cause obligation limitations to be below the level for any fiscal
year set forth in section 8003 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, as adjusted,
for the highway category or the mass transit category, as applicable."
\[8004, House Rule XXI, clause 3\].

The highway category firewall is established based on assumptions about
future receipts to the Highway Account of the Highway Trust Fund.
Beginning with FY 2007, when newer projections of receipts and actual
receipts become available, the highway category firewall is adjusted
accordingly. To smooth out the effects of any adjustments, the
calculated adjustment will be split over two years. When the firewall is
adjusted, equal adjustments are made to highway contract authority
(called Revenue Aligned Budget Authority) and the Federal-aid highway
obligation limitation. While the adjustment can be either positive or
negative, no negative adjustment will be made in fiscal year if, as of
October 1 of that year, the balance in the Highway Account is more than
\$6 billion. \[8002, 251(b)(1) of BBEDCA 1105(b), 1102(h)\]

The guaranteed amount for highways has two components: the amount within
the highway category budgetary firewall, adjusted as described above,
and the authorizations for programs exempt from the obligation
limitation---Emergency Relief and a portion (\$639 million per year) of
the Equity Bonus. \[8003(a) and 1102(b)\]

The guaranteed amount for mass transit has a single component---the
firewall amount. There is no provision for adjusting the mass transit
category firewall. \[8003(b)\]

**[Revenue Aligned Budget Authority (RABA)]{.underline}**

Beginning in FY 2007, authorizations for Federal-aid highway and highway
safety construction programs funded from the Highway Account of the
Highway Trust Fund and the Motor Carrier Safety Assistance Program
(MCSAP) will be adjusted whenever the highway firewall amount is
adjusted to reflect changed estimates of Highway Account receipts. The
additional authorizations are called RABA because they serve to align
budget authority with the revised revenue. The adjustments to
authorizations will be made in the same amounts and in the same years as
the adjustments to the firewalls (see the Guaranteed Funding fact
sheet). \[1105, 23 USC 110\]

If the adjustment is an increase, a portion of the increase in
authorizations is reserved for the Federal-aid highway and highway
safety construction programs allocated by the Secretary of
Transportation---programs that are not apportioned by statutory
formula---and to the Motor Carrier Safety Assistance Program. The amount
reserved is determined by calculating the ratio of the authorizations
for these programs to total authorizations from the Highway Account for
Federal-aid highway and highway safety construction programs and MCSAP
and applying this ratio to the additional authorizations. The resulting
amount is divided among the various allocated programs in the same
proportion that those programs receive authorizations exclusive of RABA.
\[1105, 23 USC 110(a)\]

The remainder of the increased funding is distributed to the States
proportional to their shares of Federal-aid highway and highway safety
construction apportionments from the Highway Account. Each State's share
is then divided proportionally among the following programs: Interstate
Maintenance, National Highway System, Bridge Replacement and
Rehabilitation, Surface Transportation Program, Highway Safety
Improvement Program, and Congestion Mitigation and Air Quality
Improvement. \[1105, 23 USC 110(a)(2)\]

A negative adjustment (reduction) is possible, but no reduction will be
made in fiscal year if, as of October 1 of that year, the balance in the
Highway Account is more than \$6 billion. When a reduction is made, it
is applied proportionally to all Highway Account authorizations for
Federal-aid highway and highway safety construction programs (except
Emergency Relief) and to the MCSAP. \[1105(b)\]

*Special rule for RABA in 2007*.---If the RABA is positive for 2007, the
first call on the additional funds will be to increase States' return on
contributions to the Highway Account of the Highway Trust Fund to 92%.
If any RABA remains after bringing the minimum rate of return up to 92%
for all States, such funds would be distributed under the usual RABA
procedures described above. If the amount of RABA is not sufficient to
bring States up to a 92% return, all States with a return less than 92%
(excluding RABA) are to receive a proportional share of the RABA.
\[1105(f)\]

HIGH OCCUPANCY VEHICLE (HOV) LANES

**[Program Purpose]{.underline}**

SAFETEA-LU enhances and clarifies provisions governing the use and
operation of HOV lanes.

#### Statutory References

SAFETEA-LU Section(s): 1121

Other: 23 USC 102

**[Program Features]{.underline}**

Replaces 23 USC 102(a) relating to HOV passenger requirements. A State
agency with jurisdiction over the operation of a HOV facility shall
establish occupancy requirements for HOV lanes, allowing no fewer than
two vehicles with the following **exceptions**:

-   *motorcycles and bicycles* \-- **must** allow motorcycles and
    bicycles to use the HOV facility, unless either or both create a
    safety hazard. If so, State must certify, Secretary must accept
    certification, and it must be published in the Federal Register with
    opportunity for public comment;

-   *public transportation vehicles* --**may** allow public
    transportation vehicles, if vehicle identification requirements are
    established and enforced;

-   *high occupancy toll (HOT) vehicles --***may** allow vehicles that
    are not otherwise exempt to use the facility if the vehicles pay a
    toll; program must be established to address enrollment and
    participation; automatic toll collection required; procedures must
    be established for variable pricing and enforcement;

-   *inherently low-emission and energy-efficient vehicles* -- before
    9/30/2009, **may** allow inherently low-emission vehicles to use HOV
    facility if procedures for enforcing restrictions on use are
    established; vehicles must be certified and labeled under title
    40,CFR;

-   *other low emission and energy-efficient vehicles* \-- before
    9/30/2009, may allow low-emission and energy-efficient vehicles to
    use the facility if they pay a toll; vehicles must be certified and
    labeled by EPA; program must be established for vehicle selection
    and enforcement of restrictions on use of facility. State agency may
    charge "no toll," or toll that is less than tolls charged for public
    transportation vehicles.

**Excess toll revenues.** Priority consideration for use of toll
revenues shall be given to projects for developing alternatives to
single occupancy vehicle travel and for improving highway safety.

**HOV facility management, operation, monitoring, and enforcement.**
State agency that chooses to allow the exceptions to HOV requirements
must certify to the Secretary that they have established a program to
monitor, assess, and report on the operation of the facility and the
impact of high occupancy toll vehicles and other low emission and energy
efficient vehicles. An adequate enforcement program is also required,
and provision made for limiting or discontinuing the exemption(s) if the
facility becomes seriously **degraded.** \*

> *\***degraded facility*** -- an HOV facility is considered degraded if
> vehicles operating on it are failing to maintain a minimum average
> operating speed 90% of the time over a consecutive 180-day period
> during morning and/or evening weekday peak hours. (minimum average
> operating speed is defined as 45mph in a 50-mph zone, or 10mph below
> limit when limit is less than 50mph) State may make mileage
> requirements more restrictive than specified in SAFETEA-LU when
> managing use by low emission and energy-efficient vehicles.

**EPA final rule.** Within 180 days of enactment, EPA must issue a final
rule establishing requirements for certification of vehicles as low
emission and energy-efficient, and requirements for labeling vehicles.
EPA must also establish guidelines and procedures for making vehicle
comparisons and performance calculations.

**Definitions.** Provides definitions for alternative fuel vehicle, HOV
facility, low emission and energy-efficient vehicle, public
transportation vehicle, State agency.

**Sense of Congress.** States should provide incentives for purchase and
use of hybrid and other fuel efficient vehicles.

HIGH PRIORITY PROJECTS PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$2,966 M  \$2,966 M  \$2,966 M  \$2,966 M  \$2,966 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The High Priority Projects Program provides designated funding for
specific projects identified in SAFETEA-LU. A total of 5,091 projects
are identified, each with a specified amount of funding over the 5 years
of SAFETEA-LU. \[1701\]

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(16), 1701, 1702, 1913, 1935, 1936,1102,

Other: 23 USC 117

**[Funding]{.underline}**

Funded by contract authority, available until expended. The funds
designated for a project in section 1702 are available only for that
project with the following exception: Funds allocated for a project
specified below may be obligated for any other of these projects in the
same State:

-   High Priority Projects listed in section 1702 and numbered 3677 or
    higher;

-   Projects of National and Regional Significance listed in section
    1301 and numbered 19 or higher;

-   National Corridor Infrastructure Improvement Program projects listed
    in section 1302 and numbered 28 or higher; or

-   Any Transportation Improvements project listed in section 1934;

except that the authorization for a project from the category list may
not be reduced. \[1935\]

Advance construction, using State funds until Federal funds are
available, remains as an allowable method for States to construct high
priority projects. High priority projects may also be advanced with
funds apportioned under 23 U.S.C. 104(b) from a program under which the
project would be eligible, and the funds are to be restored from future
allocations of the high priority project funds for the project. \[1936,
1701(c) and 23 USC 117(e)\]\]

The High Priority Projects program is subject to obligation limitation
that is set aside specifically for this program. The limitation is
special no year limitation that remains available until used. The
obligation limit is assigned individually to high priority projects
numbered 1 -- 3676 and in aggregate to each State for projects numbered
3677 or higher. The limitation provided to individual projects numbered
1 -- 3676 may be obligated for any other project in section 1702 as long
as it is restored to the individual project when limitation is
distributed in the subsequent fiscal year. \[1102(c)(4) & (g), 1102(j)\]

For FY 2005 only, the obligation limitation set aside for the High
Priority Projects program may be used as formula limitation. Any
limitation used in this manner must be restored when the FY 2006
obligation limit is distributed. \[1102(i)\]

**[Eligible Use of Funds]{.underline}**

The funds are available only for the activities described for each
project in Section 1702 of SAFETEA-LU, subject to the flexibility
described above.

### 

### Federal Share

The Federal share remains at 80%, except in the States of Alaska,
Montana, Nevada, North Dakota, Oregon, and South Dakota where the
sliding scale provision of 23 USC 120(b) applies, and project number 200
for which the Federal share is 90%. \[1913, 1964, & 23 USC 117(c)\]

HIGHWAYS FOR LIFE PILOT PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$15 M     \$20 M     \$20 M     \$20 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

A new discretionary program that provides funding to demonstrate and
promote state-of-the-art technologies, elevated performance standards,
and new business practices in the highway construction process that
result in improved safety, faster construction, reduced congestion from
construction, and improved quality and user satisfaction.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(20), 1502

**[Funding]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

To participate in the program, States are required to submit an
application that includes a description of the proposed project(s).
Priority will be given to projects that:

-   address Highways for LIFE performance standards for quality, safety
    and speed of construction

-   deliver and deploy innovative technologies, manufacturing processes,
    financing, contracting, and performance measures

-   include innovation that will lead to change in the administration of
    the State's transportation program

-   are or will be ready for construction within 1 year of approval of
    the project proposal

**[Eligible Use of Funds]{.underline}**

A project is eligible if it:

-   constructs, reconstructs or rehabilitates a route or connection on
    an eligible Federal-aid highway

-   uses innovative technologies, manufacturing processes, financing or
    contracting methods that improve safety, reduce congestion due to
    construction, and improve quality

-   meets additional criteria as determined by the Secretary

**[Program Features]{.underline}**

For the period 2005 -- 2009 at least 1 project in each State shall be
approved for program participation, if possible. The maximum number of
projects that may be approved in any 1 fiscal year is 15.

The amount allocated for a Highways for LIFE project may be up to 20%
but not more than \$5 million, of the total project cost. Such funds may
be used as the non-Federal share of a project constructed under 23 USC.

A State may obligate up to 10 percent its apportionments for one or more
of the Interstate Maintenance, National Highway System, Congestion
Mitigation and Air Quality Improvement or Surface Transportation
programs for projects approved under the Highways for LIFE program.

The Secretary may make grants and enter into cooperative agreements to
foster the development, improvement and creation of innovative
technologies and facilities to improve safety, enhance the speed of
construction, and improve highway quality and durability.

A Highways for LIFE technology transfer program will be conducted. The
information and technology used, developed, or deployed through Highways
for LIFE will be made available to the transportation community and the
public.

A process will be established for stakeholder input and involvement in
the development, implementation, and evaluation of the Highways for LIFE
Pilot Program.

The Secretary will monitor and evaluate the effectiveness of any
activity carried out by the program.

#### Federal Share

The Federal share for projects approved under this program may be up to
100 percent. Program funds may be applied to the non-Federal share of
the cost of construction of a project under 23 USC.

The Federal share for Technology Partnerships may be up to 80 percent.

HIGHWAY BRIDGE PROGRAM

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$4,188 M  \$4,254 M  \$4,320 M  \$4,388 M  \$4,457 M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus Program funds

**[Program Purpose]{.underline}**

The Highway Bridge Program provides funding to enable States to improve
the condition of their highway bridges through replacement,
rehabilitation, and systematic preventive maintenance.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(3), 1114

Other: 23 USC 144

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

The following funds are to be set aside from the authorized amounts
prior to apportionment:

> [Bridge Discretionary]{.underline} -- For fiscal year 2005, \$100
> million for bridge projects at the discretion of the Secretary.
> \[1114(e)\]
>
> [Bridge Set-Aside]{.underline} -- For each of fiscal years 2006-2009,
> \$100 million for bridge projects and dollar amounts designated in
> Section 1114(e)(2). Funds provided remain available until expended.

[Off-System Bridges]{.underline} -- A set aside of not less than 15% of
the amount apportioned to each State in each fiscal year 2005 -- 2009
will be used for bridge projects that are not on a Federal-aid highway
or to complete the Warwick Intermodal Station (includes construction of
a people mover between the Station and T.F. Green Airport). \[1114(d)\]

Apportioned funds are to be distributed according to the existing
formula that is based on each State's relative share of the total cost
to repair or replace deficient highway bridges. The following factors in
the cost calculation for deficient bridges have been modified. The
reference to "square footage" in the formula calculation has been
replaced with the more generic term "deck area". The total cost of
deficient bridges is no longer reduced by the total cost of bridges
built to replace destroyed bridges and ferryboat services \[1114(c)\]

**[Eligible Use of Funds]{.underline}**

Eligible activities are expanded to include systematic preventative
maintenance on Federal-aid and non-Federal-aid highway systems. States
may carry out projects for the installation of scour countermeasures or
systematic preventative maintenance without regard to whether the bridge
is eligible for rehabilitation or replacement. \[1114(b)\]

**[Annual Report]{.underline}**

Not later than 1 year after enactment and annually thereafter, the
Secretary will publish a report in the Federal Register describing
construction materials used in new bridge construction and
rehabilitation projects.

**[Federal Share]{.underline}**

The Federal share for all projects, except those on the Interstate
System, will be 80 percent, subject to the sliding scale adjustment. For
those on the Interstate System, the Federal share will be 90 percent,
subject to the sliding scale adjustment.

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$0        \$1,236 M  \$1,256 M  \$1,276 M  \$1,296 M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus Program funds.

In 2005, safety programs are funded from a setaside from the Surface
Transportation Program (see separate fact sheet)

#### Program Purpose

The program authorizes a new core Federal-aid funding program beginning
in FY 2006 to achieve a significant reduction in traffic fatalities and
serious injuries on all public roads.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(6), 1401

#### 

#### Funding/Formula

Before apportioning HSIP funds, \$220M is setaside for the
Railway-Highway Crossing program under 23 USC 130 (see separate fact
sheet on this program). The remainder is apportioned to States based on
the following factors:

-   33-1/3% based on lane miles of Federal-aid highways

-   33-1/3% based on vehicle miles traveled on lanes on Federal-aid
    highways

-   33-1/3% based number of fatalities on the Federal-aid system

Each State will receive at least ½ of 1 percent of the funds apportioned
for the HSIP.

***High risk rural roads***.---Each State's apportionment of HSIP funds
is subject to a setaside for construction and operational improvements
on high-risk rural roads. High-risk rural roads are roadways
functionally classified as rural major or minor collectors or rural
local roads with a fatal and incapacitating injury crash rate above the
statewide average for those functional classes of roadways; or likely to
experience an increase in traffic volume that leads to a crash rate in
excess of the average Statewide rate. The setaside will total \$90M
nationally and be applied proportionally to the States' HSIP
apportionments. If a State certifies that it has met all its needs
relating to construction and operational improvements on high-risk rural
roads, it may use those funds for any safety improvement project
eligible under the HSIP

### 

### Eligible Use of Funds

Starting in FY 2006, States with Strategic Highway Safety Plans (SHSP)
that meet the requirements of 23 USC 148 may obligate HSIP funds for all
the purposes listed in section 148. Funds may be used for projects on
any public road or publicly owned bicycle and pedestrian pathway or
trail. Each State must have an SHSP to be eligible to use up to 10
percent of its HSIP funds for other safety projects under 23 USC
(including education, enforcement and emergency medical services). It
must also certify that it has met its railway-highway crossing and
infrastructure safety needs.

States without an SHSP in FY 2006 or any year thereafter will receive
safety apportionments that may be used only for projects eligible under
23 USC 130 and 152 (railway-highway crossings, and hazard elimination)
as in effect prior to enactment of SAFETEA-LU.

**[Program Features]{.underline}**

***Strategic highway safety plan***.---By October 1, 2007, each State
must have a strategic highway safety plan that identifies and analyzes
safety problems and opportunities in order to use HSIP funds for new
eligible activities under 23 USC 148. The plan is required to include a
crash data system that can perform problem identification and
countermeasure analysis

***No strategic highway safety plan.***---If a State does not have a
plan in place by October 1, 2007, subsequent HSIP apportionments are
frozen at the 2007 level and may only be used to fund projects eligible
under sections 130 and 152 (railway-highway crossings, and hazard
elimination.) as in effect prior to enactment of SAFETEA-LU. States
without SHSPs will be ineligible to use up to 10 percent of their HSIP
funds for other safety projects under 23 USC.

***Reporting requirements***.---As a condition of obligating HSIP funds,
a State is required to submit an annual report to the Secretary
describing at least 5 percent of locations with the most severe safety
needs, and an assessment of remedies, costs, and other impediments to
solving the problems at each location. The Secretary is required to make
these reports available on the Department's website and through other
means. In addition to this report, a State is also required to submit a
report, according to the schedule and content established by the
Secretary, describing progress on safety improvement projects, their
effectiveness, and their contribution to reducing roadway related
fatalities, injuries, and crashes as well as railway-highway crossing
crashes.

#### Federal Share \[updated 10-2007\]

The Federal share is 90 percent, except that the Federal share is 100%
for certain safety improvements listed in 23 USC 120(c).

HIGHWAY TRUST FUND AND TAXES

#### Statutory References

SAFETEA-LU Section(s): Title XI; 4121

Other: 26 USC; 1362 of Energy Policy Act of 2005

**[Extension of Highway-User Taxes]{.underline}**

Extends the imposition of highway-user taxes through September 30, 2011.
These taxes consist of gallonage taxes on highway motor fuel and truck
related taxes, including an annual tax on heavy vehicle use, a load
rating-based tax on heavy truck tires and a retail sales tax on truck
and trailer sales. The fuel taxes, with the exception of the 4.3 cents
per gallon, the tire tax and the truck and trailer retail tax would have
expired September 30, 2005. The heavy vehicle use tax would have expired
September 30, 2006 having been extended in the Surface Transportation
Extension Act of 2005. With the exception of certain alternative fuels
(see below), the taxes are extended at the rates in effect prior to
SAFETEA-LU enactment.

\[11101(a)\]

Extends provisions providing refunds and credits of fuel tax from the
Highway Trust Fund. \[11101(b)\]

The imposition of the Leaking Underground Storage Tank Trust Fund tax is
extended without rate change. \[1362 of the Energy Policy Act of 2005\].

### Alternative Fuels \[11113\]

Effective October 1, 2006, excise tax rates for certain "alternative
fuels" (previously referred to as special fuels in the Internal Revenue
Code) are increased. Each of these fuels would be eligible for a credit
per gallon for the alternative fuel, with the credit being paid from the
General Fund. Excise tax rates would change as follows:

-   Liquefied petroleum gas -- increases from 13.6 cents per gallon to
    18.3 cents per gallon

-   Liquefied natural gas -- increases from 11.9 cents per gallon to
    24.3 cents per gallon

-   Compressed natural gas -- increases from 48.54 cents per thousand
    cubic feet to a rate that is energy equivalent to gasoline

#### Transfer of Taxes to the Highway Trust Fund

The deposit to the Highway Trust Fund of amounts equivalent to the
proceeds of the highway-user taxes is extended through September 30,
2005. \[11101(c)\]

Generally, the Leaking Underground Storage Tank Trust Fund receives 0.1
cent per gallon of the fuel tax, the Mass Transit Account of the Highway
Trust Fund receives 2.86 cents per gallon and the Highway Account of the
Highway Trust Fund receives the remainder. All proceeds of the non-fuel
taxes are deposited in the Highway Account. (See table below for
details.)

The transfer of estimated motorboat gasoline taxes and taxes on
small-engine fuel to the Sport Fish Restoration and Boating Trust Fund
(SFRBT, formerly the Aquatic Resources Trust Fund) is extended. The Land
and Water Conservation will continue to receive \$1 million per year of
motorboat gasoline receipts. Beginning October 1, 2005, no portion of
the tax on motorboat gasoline will be retained by the General Fund.
\[11101(c)\]

Civil penalties pursuant to 49 USC 31138(d)(5) and 31139(f)(5) related
to minimum financial responsibility for transporting passengers and
property, respectively, will be deposited in the Highway Account of the
Highway Trust Fund instead of in the General Fund. \[4121\]

### Expenditures from the Highway Trust Fund

Authority to make expenditures from the Highway Account of the Highway
Trust Fund for authorized purposes is extended through September 29,
2009, except for expenditures for administrative expenses, which may
take place through September 30, 2009. For the Mass Transit Account,
expenditure authority is extended through September 30, 2009. After the
specified dates, expenditures from the Trust Fund are authorized only to
liquidate obligations made before that date. Any other expenditure will
cause the cessation of deposits of highway-user taxes to the Trust Fund.
\[11101(d)\]

### Byrd Test

The Byrd Test is intended to ensure that the Highway Account and the
Mass Transit Account of the Highway Trust Fund are each maintained as a
self-financing entity. It provides fiscal discipline while still
allowing recognition of the slow spending nature of these predominantly
capital programs, but limits the number of years of estimated future
receipts that can be counted on. SAFETEA-LU modifies the provision to
count receipts for 4 years into the future, instead of the current 2
years. \[11102\]

**Federal Highway User Taxes**

+---+--------------------+--------+------+--------+--------+----------+
| F |                    | Eff    | Tax  | Distri |        |          |
| u |                    | ective | Rate | bution |        |          |
| e |                    | Date   | (c   | of Tax |        |          |
| l |                    |        | ents |        |        |          |
| T |                    |        | per  |        |        |          |
| y |                    |        | gal  |        |        |          |
| p |                    |        | lon) |        |        |          |
| e |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   |                    |        |      | H      |        | Leaking  |
|   |                    |        |      | ighway |        |          |
|   |                    |        |      | Trust  |        | Und      |
|   |                    |        |      | Fund   |        | erground |
|   |                    |        |      |        |        | Storage  |
|   |                    |        |      |        |        | Tank     |
|   |                    |        |      |        |        | Trust    |
|   |                    |        |      |        |        | Fund     |
+---+--------------------+--------+------+--------+--------+----------+
|   |                    |        |      | H      | Mass   |          |
|   |                    |        |      | ighway | T      |          |
|   |                    |        |      | A      | ransit |          |
|   |                    |        |      | ccount | A      |          |
|   |                    |        |      |        | ccount |          |
+---+--------------------+--------+------+--------+--------+----------+
| G |                    | 10/0   | 18.4 | 15.44  | 2.86   | 0.1      |
| a |                    | 1/1997 |      |        |        |          |
| s |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| i |                    |        |      |        |        |          |
| n |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| D |                    | 10/0   | 24.4 | 21.44  | 2.86   | 0.1      |
| i |                    | 1/1997 |      |        |        |          |
| e |                    |        |      |        |        |          |
| s |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| G |                    | 01/0   | 18.4 | 15.44  | 2.86   | 0.1      |
| a |                    | 1/2005 |      |        |        |          |
| s |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| h |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| S |                    |        |      |        |        |          |
| p |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| c |                    |        |      |        |        |          |
| i |                    |        |      |        |        |          |
| a |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| F |                    |        |      |        |        |          |
| u |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| s |                    |        |      |        |        |          |
| : |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   | General rate       | 10/0   | 18.4 | 15.44  | 2.86   | 0.1      |
|   |                    | 1/1997 |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   | Liquefied          | 10/0   | 13.6 | 11.47  | 2.13   | \-       |
|   | petroleum gas      | 1/1997 |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   |                    | *10/01 | *1   | *      | *2.13* | *-*      |
|   |                    | /2006* | 8.3* | 16.17* |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   | Liquefied natural  | 10/0   | 11.9 | 10.04  | 1.86   | \-       |
|   | gas                | 1/1997 |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   |                    | *10/01 | *2   | *      | *1.86* | *-*      |
|   |                    | /2006* | 4.3* | 22.44* |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   | M85 (from natural  | 10/0   | 9.25 | 7.72   | 1.43   | 0.1      |
|   | gas)               | 1/1997 |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   | Compressed natural | 10/0   | 4    | 38.83  | 9.71   | \-       |
|   | gas                | 1/1997 | 8.54 |        |        |          |
|   |                    |        |      |        |        |          |
|   | (cents per         |        |      |        |        |          |
|   | thousand cu. ft.)  |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
|   |                    | *10/01 | [    | []{    | []{    | \-       |
|   |                    | /2006* | ]{.m | .mark} | .mark} |          |
|   |                    |        | ark} |        |        |          |
|   |                    |        |      | TBD    | 9.71   |          |
|   |                    |        | TBD  |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| T |                    |        |      |        |        |          |
| r |                    |        |      |        |        |          |
| u |                    |        |      |        |        |          |
| c |                    |        |      |        |        |          |
| k |                    |        |      |        |        |          |
| R |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| a |                    |        |      |        |        |          |
| t |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| d |                    |        |      |        |        |          |
| T |                    |        |      |        |        |          |
| a |                    |        |      |        |        |          |
| x |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| s |                    |        |      |        |        |          |
| - |                    |        |      |        |        |          |
| - |                    |        |      |        |        |          |
| A |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| l |                    |        |      |        |        |          |
| P |                    |        |      |        |        |          |
| r |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| c |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| e |                    |        |      |        |        |          |
| d |                    |        |      |        |        |          |
| s |                    |        |      |        |        |          |
| t |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| H |                    |        |      |        |        |          |
| i |                    |        |      |        |        |          |
| g |                    |        |      |        |        |          |
| h |                    |        |      |        |        |          |
| w |                    |        |      |        |        |          |
| a |                    |        |      |        |        |          |
| y |                    |        |      |        |        |          |
| A |                    |        |      |        |        |          |
| c |                    |        |      |        |        |          |
| c |                    |        |      |        |        |          |
| o |                    |        |      |        |        |          |
| u |                    |        |      |        |        |          |
| n |                    |        |      |        |        |          |
| t |                    |        |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| T |                    | 9.45   |      |        |        |          |
| i |                    | cents  |      |        |        |          |
| r |                    | for    |      |        |        |          |
| e |                    | each   |      |        |        |          |
| T |                    | 10     |      |        |        |          |
| a |                    | pounds |      |        |        |          |
| x |                    | so     |      |        |        |          |
|   |                    | much   |      |        |        |          |
|   |                    | of the |      |        |        |          |
|   |                    | m      |      |        |        |          |
|   |                    | aximum |      |        |        |          |
|   |                    | rated  |      |        |        |          |
|   |                    | load   |      |        |        |          |
|   |                    | ca     |      |        |        |          |
|   |                    | pacity |      |        |        |          |
|   |                    | t      |      |        |        |          |
|   |                    | hereof |      |        |        |          |
|   |                    | as     |      |        |        |          |
|   |                    | e      |      |        |        |          |
|   |                    | xceeds |      |        |        |          |
|   |                    | 3,500  |      |        |        |          |
|   |                    | pounds |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| T |                    | 12     |      |        |        |          |
| r |                    | p      |      |        |        |          |
| u |                    | ercent |      |        |        |          |
| c |                    | of     |      |        |        |          |
| k |                    | reta   |      |        |        |          |
| a |                    | iler's |      |        |        |          |
| n |                    | sales  |      |        |        |          |
| d |                    | price  |      |        |        |          |
| T |                    | for    |      |        |        |          |
| r |                    | tr     |      |        |        |          |
| a |                    | actors |      |        |        |          |
| i |                    | and    |      |        |        |          |
| l |                    | truck  |      |        |        |          |
| e |                    | over   |      |        |        |          |
| r |                    | 33,000 |      |        |        |          |
| S |                    | pounds |      |        |        |          |
| a |                    | GVW    |      |        |        |          |
| l |                    | and    |      |        |        |          |
| e |                    | tr     |      |        |        |          |
| s |                    | ailers |      |        |        |          |
| T |                    | over   |      |        |        |          |
| a |                    | 26,000 |      |        |        |          |
| x |                    | pounds |      |        |        |          |
|   |                    | GVW    |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+
| H |                    | Annual |      |        |        |          |
| e |                    | tax:   |      |        |        |          |
| a |                    |        |      |        |        |          |
| v |                    | Trucks |      |        |        |          |
| y |                    | 55,000 |      |        |        |          |
| V |                    | pounds |      |        |        |          |
| e |                    | and    |      |        |        |          |
| h |                    | over   |      |        |        |          |
| i |                    | GVW,   |      |        |        |          |
| c |                    | \$100  |      |        |        |          |
| l |                    | plus   |      |        |        |          |
| e |                    | \$22   |      |        |        |          |
| U |                    | for    |      |        |        |          |
| s |                    | each   |      |        |        |          |
| e |                    | 1,000  |      |        |        |          |
| T |                    | pounds |      |        |        |          |
| a |                    | (or    |      |        |        |          |
| x |                    | fr     |      |        |        |          |
|   |                    | action |      |        |        |          |
|   |                    | th     |      |        |        |          |
|   |                    | ereof, |      |        |        |          |
|   |                    | in     |      |        |        |          |
|   |                    | excess |      |        |        |          |
|   |                    | of     |      |        |        |          |
|   |                    | 55,000 |      |        |        |          |
|   |                    | p      |      |        |        |          |
|   |                    | ounds. |      |        |        |          |
|   |                    | M      |      |        |        |          |
|   |                    | aximum |      |        |        |          |
|   |                    | tax:   |      |        |        |          |
|   |                    | \$550  |      |        |        |          |
+---+--------------------+--------+------+--------+--------+----------+

HIGHWAY USE TAX EVASION PROJECTS

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$5M       \$44.8M    \$53.3M    \$12M      \$12M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The program funds projects to reduce motor fuel tax evasion.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(21), 1115, and 11141, 11145

Other: 23 USC 143

**[Funding]{.underline}**

Of the amount authorized \$2M annually is for intergovernmental
activities relating to preventing tax evasion. Funds are also provided
to the Internal Revenue Service (IRS). No funding is specifically
provided for the States, although States are permitted to use up to ¼ of
1 percent of their Surface Transportation Program funding for fuel tax
evasion activities. \[1115\]

**[Eligible Use of Funds]{.underline}**

Funds under this section may be used to:

-   expand efforts to enhance motor fuel tax enforcement

-   fund IRS staff activities related to motor fuel tax enforcement

-   supplement motor fuel tax examinations and criminal investigations

-   develop fuel tax data processing tools

-   evaluate and implement registration and reporting requirements for
    motor fuel taxpayers

-   reimburse States for supplementing existing fuel tax enforcement
    activities

-   analyze and implement programs to reduce other highway use tax
    evasion

-   support efforts between States and Indian tribes to address State
    motor fuel tax issues

-   analyze and implement programs to reduce tax evasion associated with
    foreign imported fuel \[1115\]

**[Program Features]{.underline}**

The use of funds to support efforts to address State/Indian tribe motor
fuel tax issues, and to implement programs to reduce evasion associated
with foreign imported fuel are new eligibilities under this program. In
addition, the Secretary and the Commissioner of the IRS are required,
within 90 days, to enter into a new memorandum of understanding (MOU)
supporting the joint efforts related to motor fuel tax compliance. This
MOU is required to address:

-   development of new reporting and data base requirements under
    SAFETEA-LU and the American Jobs Creation Act of 2004 relating to
    motor fuel enforcement, including recommendations of the Motor Fuel
    Tax Enforcement Advisory Commission created under section 11141

-   completion of the data system relating to electronic reporting of
    transactions from carriers and terminal operators (ExSTARS)

-   operation and maintenance of a terminal reporting system to analyze
    and track domestic and foreign fuel distribution trends and patterns

-   sharing of analyses and information collected relating to fuel tax
    compliance/noncompliance within the disclosure limitations of
    section 6103 of the Internal Revenue Code

-   development, operation, and maintenance of an electronic claims
    filing system and database, and an electronic database of heavy
    vehicle use tax payments.

The IRS is required to develop and maintain these systems under
contract. The systems are to be available to State and federal revenue,
tax, and law enforcement authorities subject to 26 USC 6103,
confidentiality and disclosure of returns and return information. The
IRS Commissioner is to provide an annual report to the Secretary on the
status of these projects. In addition, the Commissioner and the States
are to submit an annual report to the Secretary describing the projects,
examinations, and criminal investigations funded under this program, as
well as the yield from them.

#### Federal Share

The Federal share is 100 percent.

IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-OF-WAY

**[Program Purpose]{.underline}**

This provision allows States to provide facilities in Interstate System
rights-of-way that allow operators of commercial vehicle to reduce truck
idling or provide alternative power to support driver comfort while
parked in a rest or recreation area.

#### Statutory References

SAFETEA-LU Section: 1412

OTHER: 23 USC 111

**[Program Features]{.underline}**

States may allow idling reduction facilities for commercial vehicles to
be placed in rest or recreation areas, and in safety rest areas
constructed or located on rights-of-way of the Interstate System. The
idling reduction facilities may not reduce the existing number of truck
parking spaces at a given rest or recreation area. States may charge a
fee, or permit charging of a fee, for parking spaces actively providing
idling reduction measures.

**INTERSTATE MAINTENANCE (IM) PROGRAM**

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$4,884M   \$4,961M   \$5,039M   \$5,119M   \$5,199M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus Program funds

**[Program Purpose]{.underline}**

The Interstate Maintenance (IM) program provides funding for
resurfacing, restoring, rehabilitating and reconstructing (4R) most
routes on the Interstate System.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(1), 1111

Other: 23 USC 119, 104(b)(4), 118(c)

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation. A State may
transfer up to 50% of its IM apportionment to its National Highway
System, Surface Transportation, Congestion Mitigation and Air Quality
Improvement, Highway Bridge Replacement and Rehabilitation, or
Recreational Trails apportionment.

The following funds are to be set aside from the authorized amounts:

> [Interstate Maintenance Discretionary]{.underline} - \$100 million for
> each fiscal year 2005 through 2009 to be distributed at the discretion
> of the Secretary of Transportation for projects for 4R work (including
> added lanes) on any route or portion thereof on the Interstate System.
> Excluded are projects on any highway designated as a part of the
> Interstate System under 23 USC 139 as in effect before the date of
> enactment of TEA-21 and any toll road on the Interstate System not
> subject to an agreement under 23 USC 119(c) as in effect on December
> 17, 1991. Funds are available until expended. \[1111(a), 23 USC
> 118(c)\]

Funds are apportioned to States based on the following factors:

-   33-1/3% based on lane miles on Interstate System routes open to
    traffic

-   33-1/3% based on total vehicle miles traveled on Interstate System
    routes open to traffic

-   33-1/3% based on State's annual contributions to the Highway Account
    of the Highway Trust Fund attributable to commercial vehicles.

Each State shall receive a minimum of ½ percent of combined IM and
National Highway System apportionments.

**[Eligible Use of Funds]{.underline}**

Projects on routes on the Interstate System, except those added under 23
USC 103(c)(4)(A) that were not previously designated future Interstate
under former 23 USC 139(b), as well as any segments that become part of
the Interstate System under Section 1105(e)(5) of ISTEA are eligible for
funding. Construction of additional Single Occupancy Vehicle (SOV) lanes
continues to be ineligible for IM program funds.

IM program funds may not be used on a facility where tolls are being
collected under the Interstate System Reconstruction and Rehabilitation
Pilot Program \[TEA-21 1216(b)\] or the Interstate System Construction
Toll Pilot Program. \[1604(c)(7)\]

**[Federal Share]{.underline}**

The Federal share is 90 percent, subject to the sliding scale
adjustment. Certain safety improvements listed in 23 USC 120(c) have a
Federal share of 100 percent.

####  

INTERSTATE OASIS PROGRAM

**[Program Purpose]{.underline}**

In order to This program requires the Secretary to establish standards
for designating certain facilities near the Interstate System offering
services to travelers as "Interstate Oases."

#### Statutory References

SAFETEA-LU Section: 1310

**[Program Features]{.underline}**

This provision requires the Secretary, within 180 days of enactment of
SAFETEA-LU, and after consultation, to establish standards for
designating a facility as an "Interstate Oasis". In order to be eligible
for designation the facility must, at a minimum:

-   offer products and services to the public

-   provide 24-hour access to restroom

-   have parking for heavy trucks and automobiles.

In establishing the standards, facility appearance and proximity to the
Interstate System are to be considered.

The Secretary is also required to design a logo for these facilities.

If a State decides to participate in the Interstate Oasis Program
program, facilities meeting the standards established by the Secretary
are eligible for designation.

METROPOLITAN PLANNING

**[Program Purpose]{.underline}**

The metropolitan planning process establishes a cooperative, continuous,
and comprehensive framework for making transportation investment
decision in metropolitan areas. Program oversight is a joint Federal
Highway Administration/Federal Transit Administration responsibility.

#### Statutory References

SAFETEA-LU Section(s): 1107, 6001

Other: 23 USC 104, 134

**[Funding/Formula]{.underline}**

The Metropolitan Planning Program is funded by a takedown of 1.25
percent from the Surface Transportation, Interstate Maintenance,
Congestion Mitigation and Air Quality Improvement, Highway Bridge
Replacement and Rehabilitation, and National Highway System programs,
and by authorizations in the transit title of SAFETEA-LU. \[1107, 3007\]

Funds set aside from the highway programs are distributed to the States
based on the population in urbanized areas or portion of urbanized areas
in the State compared to all States. \[104(f)(2)\]

**[Continuing Provisions]{.underline}**

Significant continuing provisions include:

-   Local officials, in cooperation with the State and transit
    operators, remain responsible for determining the best
    transportation investments to meet metropolitan transportation
    needs.

-   MPOs are responsible for adopting the long range transportation plan
    (Plan); Governor and MPO approve the transportation improvement
    program (TIP).

-   The Plan and TIP remain separate documents.

-   A 20-year planning perspective, air quality conformity, fiscal
    constraint, and public involvement established under ISTEA.

-   Plan must contain: operational and management strategies to improve
    the performance of existing transportation facilities; investment
    and other strategies that provide for multimodal capacity increases
    based on regional priorities and needs; and proposed transportation
    and transit enhancement activities. \[6001(i)\]

-   A Congestion Management System is still required in Transportation
    Management Areas (TMAs) (urbanized areas larger than 200,000
    population).

-   The planning process in TMAs requires DOT certification.

**[Key Modifications]{.underline}**

Modifications to the metropolitan planning process include the
following:

[Metropolitan Planning in General]{.underline}

-   MPOs will be encouraged to consult or coordinate with planning
    officials responsible for other types of planning activities
    affected by transportation, including planned growth, economic
    development, environmental protection, airport operations, and
    freight movement. \[6001(g)\]

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-   The metropolitan planning process is to promote consistency between
    transportation improvements and State and local planned growth and
    economic development patterns. \[6001(h)\]

-   Safety and security of the transportation system are separate
    planning factors that are to be considered during the metropolitan
    planning process. \[6001(h)\]

-   A State will have 30 days to reimburse an MPO for planning expenses
    after request from the MPO for reimbursement

[Long Range Transportation Plan (Plan)]{.underline}

-   Will be updated every 4 years (unless the MPO chooses to do so more
    frequently) in non-attainment and maintenance areas. Attainment
    areas remain on a 5-year update cycle. \[6001(i)\]

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-   Intermodal connectors are added as a transportation facility.
    \[6001(i)\]

-   Include a discussion of potential environmental mitigation
    activities along with potential sites to carry out the activities to
    be included. The discussion is to be developed in consultation with
    Federal, State, and tribal wildlife, land management, and regulatory
    agencies. \[6001(i)\]

-   Transit operators are to be included in the cooperative development
    of funding estimates for the financial plan section. \[6001(i)\]

-   MPOs are required to consult with State and local agencies
    responsible for land use management, natural resources,
    environmental protection, conservation, and historic preservation
    concerning development of the Plan. \[6001(i)\]

-   Representatives of users of pedestrian walkways, bicycle
    transportation facilities, the disabled are specifically added as
    parties to be provided with the opportunity to participate in the
    planning process. \[6001(i)\]

-   The MPO is to develop a participation plan in consultation with
    interested parties that provides reasonable opportunities for all
    parties to comment. \[6001(i)\]

-   To carry out the participation plan, public meetings are to be:
    conducted at convenient and accessible locations at convenient
    times; employ visualization techniques to describe plans; and make
    public information available in an electronically accessible format,
    such as on the Web. \[6001(i)\]

-   The Plan is to be published and made available electronically, such
    as on the Web. \[6001(i)\]

[Transportation Improvement Program (TIP)]{.underline}

-   Will be updated every 4 years. \[6001(j)\]

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-   Will contain: priority list of projects and strategies for 4 years;
    financial plan; and descriptions (type of work, termini, length,
    etc.) of each project in the TIP. \[6001(j)\]

-   Investments in pedestrian walkways and bicycle transportation
    facilities are to be included in the published annual listing of
    projects. \[6001(j)\]

[Transportation Management Areas (TMAs)]{.underline}

-   Must be certified not less than once every 4 years. \[6001(k)\]

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-   The phase-in schedule for compliance with the congestion management
    system may not be sooner than 1 year after identification of a TMA.
    \[6001(k)\]

**[Implementation]{.underline}**

Implementation of the modifications to statewide and metropolitan
planning processes will be in accordance with the following:

-   The Secretary will issue guidance on a schedule for implementation
    of the changes made to the transportation planning process.

-   State and MPOs will not be required to deviate from their
    established plan and program update cycles to implement these
    changes.

-   State or MPO plan or program updates shall reflect the changes
    beginning July 1, 2007.

#### Federal Share

The Federal share is 80 percent, subject to the sliding scale adjustment
in 23 USC 120(b).

NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$195 M    \$390 M    \$487M     \$487M     \$390 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

A discretionary program that provides funding for construction of
highway projects in corridors of national significance to promote
economic growth and international or interregional trade. This program
replaces TEA-21 section 1118, National Corridor Planning and Development
program.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(10), 1302, 1935, 1936, 1953; 1102

**[Funding]{.underline}**

Funded by contract authority, to remain available until expended. Funds
are subject to the overall Federal-aid obligation limitation. Projects
will receive special no year obligation limitation that is available
until used. In addition, an unspecified amount of funding is authorized
from the General Fund, which would require appropriation action to
become available \[1102, 1953\]

Funding for projects will be awarded through a selection process
conducted by the Secretary that:

-   requires States to submit an application

-   gives priority to projects in corridors that are part of, or will be
    part of, the Dwight D. Eisenhower National System of Interstate and
    Defense Highways after completion, and to projects that will be
    completed within 5 years of allocation of funds for the project.

For each project designated in section 1302, the Secretary shall
allocate a portion of the amount designated for that project: 10% in
2005, 20% for 2006, 25% for 2007, 25% for 2008 and 20% for 2009

The funds designated for a project in section 1302 are available only
for that project with the following exception: Funds allocated for a
project specified below may be obligated for any other of these projects
in the same State:

-   High Priority Projects listed in section 1702 and numbered 3677 or
    higher;

-   Projects of National and Regional Significance listed in section
    1301 and numbered 19 or higher;

-   National Corridor Infrastructure Improvement Program projects listed
    in section 1302 and numbered 28 or higher; or

-   Any Transportation Improvements project listed in section 1934;

except that the authorization for a project from the category list may
not be reduced. \[1935\]

Corridor projects also may be advanced with funds apportioned under 23
U.S.C. 104(b) from a program under which the project would be eligible,
and the funds are to be restored to that program from future allocations
for the project. \[1936\]

In addition to the funding shown above for FY 2005, \$140 M is provided
for the National Corridor Planning and Development and Coordinated
Border Infrastructure programs combined under sections 1118 and 1119 of
TEA-21 to be administered under the terms of those sections.
\[1101(a)(19)\]

**[Eligible Use of Funds]{.underline}**

Highway construction projects in corridors of national significance will
be selected with consideration of the extent to which:

-   the corridor links two existing segments of the Interstate System

-   the project facilitates major multi-state or regional mobility,
    economic growth, and development in areas underserved by highway
    infrastructure

-   commercial traffic in corridor has increased since enactment of
    NAFTA and where traffic is projected to increase in the future

-   international truck-borne commodities movement through the corridor

-   the project will reduce congestion on an existing segment of the
    Interstate

-   the project will reduce commercial and other travel time through a
    major freight corridor

-   Federal funds will be leveraged

and the value of the cargo carried by commercial vehicle traffic in the
corridor and the economic costs arising from congestion in the corridor

#### Federal Share

The Federal share is generally 80 percent, subject to the sliding scale
adjustment. When the funds are used for Interstate projects to add high
occupancy vehicle or auxiliary lanes, but not other lanes, the Federal
share may be 90 percent, also subject to the sliding scale adjustment.
Certain safety improvements listed in 23 USC 120(c) have a Federal share
of 100 percent.

NATIONAL HIGHWAY SYSTEM (NHS) PROGRAM

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$5,911M   \$6,005M   \$6,111M   \$6,208M   \$6,307M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus Program funds

**[Program Purpose]{.underline}**

The program provides funding for improvements to rural and urban roads
that are part of the NHS, including the Interstate System and designated
connections to major intermodal terminals. Under certain circumstances,
NHS funds may also be used to fund transit improvements in NHS
corridors.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(2), 1103, 6006

Other: 23 USC 103, 104(b)(1)

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

A State may transfer up to 50% of its NHS apportionment to its
Interstate Maintenance, Surface Transportation (STP), Congestion
Mitigation and Air Quality Improvement, Highway Bridge Replacement and
Rehabilitation, or Recreational Trails apportionment. Up to 100% may be
transferred to the STP if approved by the Secretary and if sufficient
notice and opportunity for public comment is given.

The following funds are to be set aside from the authorized amounts:

> [Alaska Highway]{.underline} - \$30 million to be set aside in each of
> fiscal years 2005 through 2009 for the portion of the Alaska Highway
> from the Alaskan border to Haines Junction in Canada and the Haines
> Cutoff Highway from Haines Junction in Canada to Haines. \[1103(b), 23
> USC 218\]
>
> [Territories]{.underline} - \$40 million to be set aside in each of
> fiscal years 2005 and 2006 and \$50 million to be set aside in each of
> fiscal years 2007 through 2009 for the territories of Guam, American
> Samoa, the Virgin Islands, and the Commonwealth of Northern Mariana
> Islands. \[1103(c)\]

Apportioned funds are to be distributed based on the following factors
\[104(b)(1)\]:

-   25% based on total lane miles of principal arterials

-   35% based on total vehicle miles of travel on principal arterials

-   30% based on diesel fuel used on all highways

-   10% based on total lane miles of principal arterials per capita

Each State is to receive a minimum of ½% of combined NHS and Interstate
Maintenance apportionments.

**[Eligible Use of Funds]{.underline}**

Expands NHS eligibility to include the following activities:

-   Environmental restoration and pollution abatement \[6006\]

-   Control of terrestrial and aquatic noxious weeds and establishment
    of native species \[6006\]

#### Federal Share

The Federal share is generally 80 percent, subject to the sliding scale
adjustment. When the funds are used for Interstate projects to add high
occupancy vehicle or auxiliary lanes, but not other lanes, the Federal
share may be 90 percent, also subject to the sliding scale adjustment.
Certain safety improvements listed in 23 USC 120(c) have a Federal share
of 100 percent.

#### 

#### High Priority Corridors on the National Highway System

The list of high priority NHS corridors established in section 1105 of
the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) is
amended to modify corridor descriptions and identify additional
corridors. The identification of evacuation routes is added as a purpose
of this section. Such sums as may be necessary are authorized to carry
out projects on the corridors designated in section 1105(c) of ISTEA, as
amended, subject to appropriation, from the General Fund. \[1304, 1105
of ISTEA, as amended\]

NATIONAL HISTORIC COVERED BRIDGE PRESERVATION

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$10M      \$10M      \$10M      \$10M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

To provide for the rehabilitation, repair, or preservation of covered
bridges that are listed or eligible for listing on the National Register
of Historic Places.

#### Statutory References

SAFETEA-LU Section: 1804

**[Funding]{.underline}**

Funded by contract authority, available until expended and not
transferable. Funds are subject to the overall Federal-aid highway
obligation limitation. \[1804, 1102\]

[]{.mark}

**[Eligible Use of Funds]{.underline}**

Eligible uses of funds are the rehabilitation or repair of a historic
covered bridge, or the preservation of such a bridge, including
installation of a fire protection system, installation of a system to
prevent vandalism or arson, or relocation of a bridge to a preservation
site.

To the maximum extent practicable, projects under this program must be
carried out in the most historically appropriate manner and preserve the
existing structure of the historic covered bridge. The project must also
provide for the replacement of wooden components with wooden components
unless the use of wood is impracticable for safety reasons.

**[Project Selection]{.underline}**

### The Secretary of Transportation will make grants based on applications from States that demonstrate the need for assistance in carrying out one or more eligible historic covered bridge projects.

### Federal Share

The Federal share is 80 percent, subject to sliding scale adjustment
under 23 USC 120(b). \[1804\]

NATIONAL SCENIC BYWAYS PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$26.5M    \$30M      \$35M      \$40M      \$43.5M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The program recognizes roads having outstanding scenic, historic,
cultural, natural, recreational, and archaeological qualities and
provides for designation of these roads as National Scenic Byways,
All-American Roads or America's Byways.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(12), 1802

Other: 23 USC 162

**[Funding]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

Grants and technical assistance are provided to States and Indian tribes
to implement projects on highways designated as National Scenic Byways,
All-American Roads, America's Byways, State scenic or Indian tribe
scenic byways; and to plan, design, and develop a State or Indian tribe
scenic byway program.

**[Eligible Use of Funds]{.underline}**

Funds shall be available for:

-   an activity related to the planning, design, or development of a
    State or Indian tribe scenic byway program;

-   development and implementation of a byway corridor management plan;

-   safety improvements to accommodate increased traffic; improvements
    that enhance access; protection of resources adjacent to the byway;

-   development and implementation of a marketing program;

-   development and provision of tourist implementation; and
    construction of bicycle and pedestrian facilities, interpretive
    facilities, overlooks and other enhancements for byway travelers.

Passing lanes are no longer an eligible use of funds.

#### Federal Share

The Federal share remains at 80 percent. A Federal land management
agency may use agency funds as the non-Federal share.

### America's Byways Resource Center 

The Center provides technical support and conduct educational activities
for National Scenic Byways, All-American Roads, and America's Byways.
Funds are available to provide proactive, technical and on-site
assistance that includes training, communications, publications,
conferences, meetings, and other appropriate assistance to local
officials and organizations associated with the byways program. Funding
provided by authorizations of \$1.5 M for FY 2005 and \$3 M for each FY
2006 -- 2009. Funds are available until expended, and subject to the
overall Federal-aid obligation limitation. Federal share is 100 percent.
Funds are not transferable. \[1803\]

NONMOTORIZED TRANSPORTATION PILOT PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    N/A        \$25 M     \$25 M     \$25 M     \$25 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

SAFETEA-LU establishes a new program to fund pilot projects to construct
a network of nonmotorized transportation infrastructure facilities in 4
designated communities. The purpose is to demonstrate the extent to
which walking and bicycling can represent a major portion of the
transportation solution in certain communities.

#### Statutory References

SAFETEA-LU Section(s): 1807

**[Funding]{.underline}**

Funded by contract authority, available until expended. Contract
authority is not subject to transfer and is subject to the overall
Federal-aid obligation limitation.

The Secretary may make a grant of \$6,250,000 per fiscal year for each
designated community.

-   Grants may be made to State, local, and regional agencies that the
    Secretary determines are suitably equipped and organized to carry
    out the objectives and requirements of the program.

-   An agency that receives a grant may suballocate funds to a nonprofit
    organization to carry out the program.

**[Program Features]{.underline}**

Funds may be used to construct, in the following 4 communities selected
by the Secretary, a network of non-motorized transportation
infrastructure facilities, including sidewalks, bicycle lanes, and
pedestrian and bicycle trails, that connect directly with transit
stations, schools, residences, businesses, recreation areas, and other
community activity centers:

-   Columbia, Missouri

-   Marin County, California

-   Minneapolis-St. Paul, Minnesota

-   Sheboygan County, Wisconsin

### 

Projects shall be treated as projects on a Federal-aid system under
chapter 1, 23 U.S.C.

**[Program Assessment and Report to Congress]{.underline}**

The Secretary must develop statistical information on changes in motor
vehicle, nonmotorized transportation, and public transportation usage in
participating communities, and assess how such changes decrease
congestion and energy usage, increase the frequency of bicycling and
walking, and promote better health and a cleaner environment.

An interim report on the results of the pilot program shall be submitted
to Congress not later than September 30, 2007, and a final report no
later than September 30, 2010.

### Federal Share

The Federal share is 100 percent.

PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE (PNRS)

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$178M     \$356M     \$445M     \$445M     \$356M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The Projects of National and Regional Significance program provides
funding for high cost projects of national or regional importance.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(15), 1102, 1301; 1935; 1936; 1953; 1959;
1964

**[Funding]{.underline}**

Funded by contract authority, available until expended and not
transferable. In addition to the authorized amounts shown above, an
unspecified amount of funding is authorized from the General Fund, which
would require appropriation action to become available. \[1301, 1953\]

The funds designated for a project in section 1301 are available only
for that project with the following exception: Funds allocated for a
project specified below may be obligated for any other of these projects
in the same State:

-   High Priority Projects listed in section 1702 and numbered 3677 or
    higher;

-   Projects of National and Regional Significance listed in section
    1301 and numbered 19 or higher;

-   National Corridor Infrastructure Improvement Program projects listed
    in section 1302 and numbered 28 or higher; or

-   Any Transportation Improvements project listed in section 1934;

except that the amount of funds authorized for a project from the
category list may not be reduced. \[1935\]

[]{.mark}

PNRS projects may be advanced with funds apportioned under 23 U.S.C.
104(b) from a program under which the project would be eligible, and the
funds are to be restored from future allocations of the PNRS project
funds for the project. \[1936\]

The PNRS program is subject to obligation limitation that is set aside
specifically for this program. The limitation is special no year
limitation that remains available until used. \[1102(c)(4) & (g)\]

For FY 2005 only, the obligation limitation set aside for the PNRS
projects program may be used as formula limitation. Any limitation used
in this manner must be restored when the FY 2006 obligation limit is
distributed. \[1102(i)\]

**[Eligible Use of Funds]{.underline}**

An eligible project is any surface transportation project eligible for
assistance under 23 USC, including a freight railroad project eligible
under that title, that has a total eligible cost greater than or equal
to the lesser of (1) \$500,000,000 or (2) 75 percent of the amount of
Federal highway funds apportioned to the State in which the project is
located for the most recently completed fiscal year.

Eligible costs are development phase activities (including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities) and the costs of construction, reconstruction,
rehabilitation, and acquisition of right-of-way, environmental
mitigation, construction contingencies, acquisition of equipment, and
operational improvements.

**[Project Selection]{.underline}**

Applications for funding will be solicited by the Secretary of
Transportation and funding for projects will be awarded competitively
through an evaluation process modeled on the Transit New Starts program.
Projects are evaluated on the ability of the project to:

-   generate national economic benefits

-   reduce congestion

-   improve transportation safety

-   enhance the national transportation system

-   garner support for non-Federal financial commitments and the degree
    to which Federal investment is leveraged

-   provide evidence of stable and dependable financing for
    construction, maintenance, and operation of the facility

-   use new technologies that enhance project efficiency

-   help maintain or protect the environment

All of the funds authorized for this program from the Highway Trust Fund
are designated for projects listed in section 1301(m). Notwithstanding
the selection process defined in section 1301 and described above, for
each project designated in section 1301(m), the Secretary shall allocate
a portion of the amount designated for that project: 10% in 2005, 20%
for 2006, 25% for 2007, 25% for 2008 and 20% for 2009.

**[Special Provisions]{.underline}**

Funds for PNRS project #12 are to be provided to the public entity known
as the Port Authority of New York and New Jersey, established by the
States of New York and New Jersey. \[1959\]

### 

### Federal Share

The Federal share is 80%, except for projects designated in section 1301
in the States of Alaska, Montana, Nevada, Oregon, and South Dakota for
which the Federal share is 80%, subject to the sliding scale adjustment
under 23 USC 120(b). \[1301(i), 1964\]

PROGRAM ADMINISTRATION

**[Program Purpose]{.underline}**

Various provisions of SAFETEA-LU will improve efficiency in the
administration of Federal-aid highway programs. A brief description of
each of these provisions follows.

**[Excess Funds for Inactive Projects]{.underline}** \[1603,
1102(b)(11)\]

Under this provision funds earmarked prior to 1991 for projects can be
used by a State for any STP-eligible purpose if the funds are \"excess\"
or \"inactive\".

[Excess funds]{.underline} include funds obligated for a specific
project or activity that remain available after the project or activity
has been completed or cancelled, and any unobligated balance of funds
allocated for a project or activity that the State certifies are no
longer needed for the project or activity.

Funds are determined to be [inactive]{.underline} if they are obligated
but have no expenditures during any 1-year period or are available to
carry out a project but unlikely to be obligated within 1 year, as
certified by the State. If a State certifies that funds, which would
otherwise be identified as inactive, are still needed for their original
purpose, the Secretary may determine that the funds will remain
available for that original purpose. Such certification by a State must
be accompanied by a report that includes the status of, and estimated
completion date for, the project.

Section 1603 does not apply to Emergency Relief funds or discretionary
funds allocated by the Secretary for which the Secretary has the
authority to withdraw the funds for use on other projects.

Funds obligated under this section must be used for projects and
activities in the same State as the original earmark, and it is the
sense of the Congress that the funds should be used for projects in the
same geographic region within the State as the earmarked projects. Funds
made available under this section are available for obligation through
fiscal year 2008.

Funds obligated under section 1603 are exempt from the limitation on
obligations if they were originally exempt from the limitation.
\[1102(b)(11)\]

Within 1 year of enactment and annually thereafter, the Secretary must
report to Congress on actions taken under this section.

**[Design-Build]{.underline}** \[1503\]

The definition of "qualified project" is broadened allowing a State
transportation department or local transportation agency to award a
design-build contract without regard to the project cost.

The Secretary is to issue revised design-build regulations within 90
days of enactment of SAFETEA-LU. The revised regulations must not
preclude a State transportation department or local transportation
agency, prior to NEPA compliance, from:

-   issuing requests for proposals;

-   proceeding with awards of design-build contracts; or

-   issuing notices to proceed with preliminary design work under
    design-build contracts.

The State or local transportation agency must receive concurrence from
the Secretary before carrying out any of the preceding activities.

The design-build contractor may not proceed with final design or
construction of any permanent improvement prior to completion of the
NEPA process.

**[Transfer of Highway Funds]{.underline}** \[1108\]

The transfer provisions of 23 USC 104(k) continue. These allow highway
funds that may be used for transit projects to be transferred to the
Federal Transit Administration and administered under Chapter 53 of 49
USC. These also allow transit funds that may be used for highway
projects to be transferred to FHWA and administered under 23 USC.
Clarification is made that highway funds may be transferred for any
transit use eligible under 23 USC and transportation planning funds
provided under both 23 USC and 49 USC may be transferred for
administration under either title.

Added is the ability, at the request of a State, for the Secretary to
transfer funds allocated to that State, to another State or to the FHWA
to fund 1 or more eligible projects. This will allow States to undertake
jointly funded projects or conduct planning or research activities of
mutual benefit to the States.

The transfer will have no effect on any apportionment of funds to a
State. To transfer funds suballocated under the Surface Transportation
Program for an urbanized area with a population of over 200,000, the
affected metropolitan planning organization must concur in the transfer.

Obligation authority will be transferred in the same manner and amount
as the funds that are transferred.

The ability for States to transfer funds among title 23 programs remains
unchanged. \[23 USC 126\]

RAILWAY-HIGHWAY CROSSINGS

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$0        \$220M     \$220M     \$220M     \$220M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*In 2005 funded from the 10-percent safety setaside each State's
apportionment for the Surface Transportation Program. Beginning in 2006,
funded from a setaside from the total amount authorized for the new
Highway Safety Improvement Program.

**[Program Purpose]{.underline}**

#### To reduce the number of fatalities and injuries at public highway-rail grade crossings through the elimination of hazards and/or the installation/upgrade of protective devices at crossings.

#### Statutory References

SAFETEA-LU Section(s): 1401

Other: 23 USC 130

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

Apportioned funds are to be distributed based on the following factors
\[1401, 23 USC 130(f)\]:

-   50% based on the formula factors for the Surface Transportation
    Program in 23 USC 104(b)(3)(A)

-   50% based on the number of public railway-highway crossings

Each State is to receive a minimum of ½% of the program funds.

50% of each State's apportionment must be set aside for the installation
of protective devices at railway-highway crossings. \[1401, 23 USC
130(e)\]

**[Eligible Use of Funds]{.underline}**

All previous eligibilities under 23 USC 130 continue.

In addition, up to 2% of the funds apportioned to a State may be used
for compilation and analysis of data for the required annual report to
the Secretary on the progress being made to implement the
railway-highway crossings program.

Activities funded under this program are also eligible for funding under
the broader eligibilities of the Highway Safety Improvement Program.

**[Program Features]{.underline}**

Most requirements of the program remain unchanged, including the
following**[:]{.underline}**

Each State is required to conduct and systematically maintain a survey
of all highways to identify those railroad crossings that may require
separation, relocation, or protective devices, and establish and
implement a schedule of projects for this purpose. At a minimum this
schedule is to provide signs for all railway-highway crossings. \[23 USC
130(d)\]

A railroad participating in a hazard elimination project is responsible
for compensating the State transportation department for the net benefit
to the railroad of the project. The net benefit is determined by the
Secretary of Transportation, but may not exceed 10 percent of the
project cost. \[23 USC 130(b)-(c)\]

The Secretary of transportation is required to report to Congress on the
progress being made by the States implementing projects under this
program.

#### Federal Share

The Federal share is 90 percent. \[1401, 23 USC 130(f)(3)\]

REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM

**[Program Purpose]{.underline}**

To provide the capability to monitor, in real-time, the traffic and
travel conditions of the major highways of the United States and to
share that information to improve surface transportation system
security, address congestion, improve response to weather events and
surface transportation incidents, and to facilitate national and
regional highway traveler information.

#### Statutory References

SAFETEA-LU Section(s): 1201

**[Funding]{.underline}**

No separate funds are authorized for this program. States may use their
National Highway System, Congestion Mitigation and Air Quality
Improvement program, and Surface Transportation program apportionments
for activities related to the planning and deployment of real-time
monitoring elements that advance the goals of the program to the extent
that such activities are eligible for funding under the source program.

**[Program Features]{.underline}**

The purposes of the program are to:

-   establish, in all States, a system of basic real-time information
    for managing and operation the surface transportation system

-   identify longer range real-time highway and transit monitoring needs
    and develop plans and strategies for meeting the needs

-   provide the capability and means to share the data with State and
    local governments and the traveling public.

Within 2 years of the date of enactment of SAFETEA-LU, the Secretary of
Transportation is to establish data exchange formats to ensure that the
data provided by highway and transit monitoring systems, including
statewide incident reporting systems, can be readily exchanged to
facilitate nationwide availability of information.

As States and local governments develop or update regional intelligent
transportation system architectures as described in 23 CFR 940.9, they
shall explicitly address real-time highway and transit information needs
and the systems needed to meet those needs. States shall also
incorporate the data exchange formats established by the Secretary.

The term ''statewide incident reporting system'' is defined as a
statewide system for facilitating the real-time electronic reporting of
surface transportation incidents to a central location for use in
monitoring the event, providing accurate traveler information, and
responding to the incident as appropriate.

RECREATIONAL TRAILS PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$60 M     \$70M      \$75M      \$80M      \$85M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The Recreational Trails program provides funds to the States to develop
and maintain recreational trails and trail-related facilities for both
nonmotorized and motorized recreational trail uses.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(8), 1109

Other: 23 USC 104(h) & 206

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid highway obligation limitation.

Before apportioning funds to the States, there will be a takedown of
\$840,000 each fiscal year (2005-2009) for program research, technical
assistance, and training expenses. Funds will be distributed to the
States by formula as follows:

-   50% of the amount will be apportioned equally among eligible States;

-   50% of the amount will be apportioned among eligible States
    proportionate to the amount of non-highway recreational fuel used in
    each State during the preceding year.

**[Eligible Use of Funds]{.underline}**

Funds are available to develop, construct, maintain, and rehabilitate
trails and trail facilities. Trail uses include hiking, bicycling,
in-line skating, equestrian use, cross-country skiing, snowmobiling,
off-road motorcycling, all-terrain vehicle riding, four-wheel driving,
or using other off-road motorized vehicles.

Continued eligibilities include:

-   maintenance and restoration of trails

-   development and rehabilitation of trailside and trailhead facilities

-   purchase and lease of trail construction and maintenance equipment

-   construction of new trails (with some limits on Federal lands)

-   acquisition of easements and fee simple title to property

-   assessment of trail conditions for accessibility and maintenance

-   development and dissemination of publications and operation of trail
    safety and trail environmental protection programs (including
    non-law enforcement monitoring and patrol programs and trail-related
    training), not to exceed 5% of the annual apportionment

-   State costs for administering the program, not to exceed 7% of the
    annual apportionment

New eligible activities include:

-   assessment of trail conditions for accessibility and maintenance

-   clarification that educations funds may be used for publications,
    monitoring and patrol programs and for trail-related training

**[Program Features]{.underline}**

States must meet minimum funding between motorized, non-motorized and
diverse trail use:

-   40% for diverse trail use;

-   30% for non-motorized recreation

-   30% for motorized recreation

-   The ability for a State recreational trails advisory committee to
    waive the setasides for non-motorized and motorized recreation has
    been eliminated by SAFETEA-LU.

States are encouraged to enter into contracts and cooperative agreements
with youth conservation and service corps to perform trail construction
and maintenance.

#### Federal Share \[revised 2-2006\]

In general, the Federal share will be in accordance with section \[23
USC 120(b)\] (i.e. the sliding scale provision), but with additional
flexibilities. Where a Federal land management agency is the project
sponsor, the combination of the U.S. DOT and other Federal agency share
may not exceed 95 percent. The RTP also allows funds from any Federal
program (including other U.S. Department of Transportation programs) to
fulfill the non-Federal share requirement, for purposes that would be
eligible under the program from which the funds are derived. Under
SAFETEA-LU, RTP funds also may be used to fulfill the non-Federal share
requirement of other Federal programs (including other U.S. Department
of Transportation programs), for purposes that would be eligible under
the Recreational Trails program. A State also may allow adjustments to
the non-Federal share on a programmatic basis.

Upon approval, planning and environmental assessment costs incurred
prior to project approval may be credited toward the non-Federal share
cost of the project, limited to costs incurred not more than 18 months
prior to project approval.

SAFE ROUTES TO SCHOOL PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$54 M     \$100 M    \$125 M    \$150 M    \$183 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

To enable and encourage children, including those with disabilities, to
walk and bicycle to school; to make walking and bicycling to school safe
and more appealing; and to facilitate the planning, development and
implementation of projects that will improve safety, and reduce traffic,
fuel consumption, and air pollution in the vicinity of schools.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(17), 1404

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available until expended.
Contract authority is not subject to transfer and is subject to the
overall Federal-aid obligation limitation.

Each year after deducting \$3 million for the administrative expenses of
the program, the Secretary shall apportion the funds to States based on
their relative shares of total enrollment in primary and middle schools
(kindergarten through eight grade), but no State will receive less than
\$1 million.

Funds are to be administered by State departments of transportation to
provide financial assistance to State, local, and regional agencies,
including non-profit organizations, that demonstrate the ability to meet
the requirements of the program.

**[Eligible Use of Funds]{.underline}**

For infrastructure related projects, eligible activities are the
planning, design, and construction of projects that will substantially
improve the ability of students to walk and bicycle to school. These
include sidewalk improvements, traffic calming and speed reduction
improvements, pedestrian and bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and pedestrian facilities, secure
bike parking, and traffic diversion improvements in the vicinity of
schools (within approximately 2 miles). Such projects may be carried out
on any public road or any bicycle or pedestrian pathway or trail in the
vicinity of schools.

Each State must set aside from its Safe Routes to School apportionment
not less than 10 percent and not more than 30 percent of the funds for
noninfrastructure-related activities to encourage walking and bicycling
to school. These include public awareness campaigns and outreach to
press and community leaders, traffic education and enforcement in the
vicinity of schools, student sessions on bicycle and pedestrian safety,
health, and environment, and training, volunteers, and managers of safe
routes to school programs.

Each State receiving program funds must use a sufficient amount of the
funds to fund a full-time position of coordinator of the State's safe
routes to school program.

**[Program Features]{.underline}**

Using funds setaside for the administrative costs of the program, the
Secretary shall

-   Make grants to a national nonprofit organization engaged in
    promoting safe routes to school to operate a national safe routes to
    school clearinghouse, develop information and educational programs
    on safe routes to school, and provide technical assistance and
    disseminate techniques and strategies used for successful safe
    routes to school programs.

-   Establish a national safe routes to school task force, composed of
    leaders in health, transportation, and education, to study and
    develop a strategy for advancing safe routes to school programs
    nationwide. The Secretary is to report to Congress by March 31,
    2006, on the results of the study and a description of the strategy
    developed, along with information regarding the use of program funds
    for infrastructure and noninfrastructure purposes.

#### Federal Share

The Federal share is 100 percent.

STATE INFRASTRUCTURE BANK PROGRAM

**[Program Purpose]{.underline}**

SAFETEA-LU establishes a new State Infrastructure Bank (SIB) program
under which all States, Puerto Rico, the District of Columbia, American
Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern
Mariana Islands are authorized to enter into cooperative agreements with
the Secretary to establish infrastructure revolving funds eligible to be
capitalized with Federal transportation funds authorized for fiscal
years 2005-2009.

The new program gives States the capacity to increase the efficiency of
their transportation investment and significantly leverage Federal
resources by attracting non-Federal public and private investment. The
program provides greater flexibility to the States by allowing other
types of project assistance in addition to grant assistance.

#### Statutory References

SAFETEA-LU Section: 1602

Other: 23 USC 610

### Assistance

SIBs provide various forms of non-grant assistance to public or private
entities for eligible projects, including below-market rate subordinate
loans, interest rate buy-downs on third party loans, and guarantees and
other forms of credit enhancement. Any debt issued or guaranteed by the
SIB must be of investment grade quality.

**[Funding]{.underline}**

States participating in the new SIB program may capitalize the
account(s) in their SIBs with Federal surface transportation funds for
each of fiscal years 2005-2009 as follows:

-   Highway account -- up to 10 percent of the funds apportioned to the
    State for the National Highway System Program, the Surface
    Transportation Program, the Highway Bridge Program and the Equity
    Bonus.

-   Transit account -- up to 10 percent of funds made available for
    capital projects under Urbanized Area Formula Grants, Capital
    Investment Grants, and Formula Grants for other Than Urbanized Areas

-   Rail account -- funds made available for capital projects under
    subtitle V (Rail Programs) of Title 49, United States Code.

-   The State must match the Federal funds used to capitalize the SIB on
    an 80-20 Federal/non-Federal basis, except that for the highway
    account, the sliding scale provisions apply.

### Eligible Use of Funds

Projects eligible under Title 23, United States Code, capital projects
as defined in section 5302 of Title 49, United States Code and any other
projects related to surface transportation that the Secretary determines
to be appropriate are eligible for assistance from the SIBs. Both the
initial credit assistance funded with Federal capitalization grants,
including the required non-Federal match, and any assistance funded with
loan repayments and other recycled funds are subject to the requirements
of Titles 23 and 49, as applicable.

##### **SIBS Authorized by Prior Legislation**

States that established SIBs authorized by the NHS Designation Act and
TEA-21 may continue to operate those SIBs.

STATEWIDE PLANNING

**[Program Purpose]{.underline}**

The statewide planning process establishes a cooperative, continuous,
and comprehensive framework for making transportation investment
decisions throughout the State and is administered jointly by the
Federal Highway Administration and the Federal Transit Administration.

#### Statutory References

SAFETEA-LU Section(s): 6001

Other: 23 USC 135

**[Funding]{.underline}**

The State Planning and Research program is funded by a 2 percent
setaside from each State's apportionments for the Interstate
Maintenance, National Highway System (NHS) , Surface Transportation
Program (STP), Congestion Mitigation and Air Quality Improvement, and
Bridge programs plus the new Highway Safety Improvement Program (HSIP)
and a portion of funds so set aside may be used for planning activities.

Statewide planning is an eligible activity for additional funding under
the STP and NHS programs.

**[Continuing Provisions]{.underline}**

Significant continuing provisions include:

-   Federal reliance on the statewide transportation planning process as
    the primary mechanism for cooperative transportation decision making
    throughout the State.

-   Coordination of statewide planning with metropolitan planning

-   Emphasis on fiscal constraint and public involvement in the
    development of the Statewide Transportation Improvement Program
    (STIP).

-   Emphasis on involving and considering the concerns of Tribal
    governments in planning.

-   State development of statewide transportation plans and programs.

-   Plan and program shall be developed in consultation with affected
    local officials with responsibility for transportation in
    non-metropolitan areas, but this process will not be reviewed or
    approved by the Secretary.

**[Key Modifications]{.underline}**

Modifications to the statewide planning process include the following:

[Statewide Planning in General]{.underline}

-   Will be coordinated with metropolitan planning **[and]{.underline}**
    with statewide trade and economic development planning activities
    and related multi-state planning efforts.

-   Two or more States may enter into planning agreements or compacts
    and the right to alter, amend or repeal these compacts is reserved.

-   Will consider and implement projects, strategies and services that
    support the economic vitality of non-metropolitan areas.

-   Safety and security of the transportation system are separate
    planning factors that are to be considered during the statewide
    planning process.

-   Will promote consistency between transportation improvements and
    State and local planned growth and economic development patterns.

-   Should consider coordination of planning activities between States

> [Long Range Statewide Plan]{.underline}

-   Will be developed in consultation with State, tribal, and local
    agencies responsible for land use management, natural resources,
    environmental protection, conservation, and historic preservation.
    Consultation will involve comparison of transportation plans to
    State and tribal conservation plans or maps, and to inventories of
    natural or historic resources (if available).

-   Include a discussion of potential environmental mitigation
    activities along with potential sites to carry out the activities to
    be included. The discussion is to be developed in consultation with
    Federal, State, and tribal wildlife, land management, and regulatory
    agencies

-   Should include capital, operations and management strategies,
    investments, procedures, and other measures to ensure the
    preservation and most efficient use of the existing transportation
    system.

-   Representatives of users of pedestrian walkways, bicycle
    transportation facilities, the disabled are specifically added as
    parties to be provided with the opportunity to participate in the
    statewide planning process

-   To enhance the public participation process, the State should:
    conduct public meetings at convenient and accessible locations at
    convenient times; employ visualization techniques to describe plans;
    and make public information available in an electronically
    accessible format, such as the Web

-   Should be published or made available electronically, such as on the
    Web

> [State Transportation Improvement Program]{.underline}

-   Shall cover a period of 4 years and be updated every 4 years (more
    frequently if the governor elects to do so).

-   Representatives of users of pedestrian walkways, bicycle
    transportation facilities, and the disabled are specifically added
    as parties to be provided with the opportunity to participate in the
    planning process.

-   Shall include an annual list of project for which funds have been
    obligated in the preceding year, the list will be published or made
    available through the cooperative effort of the State, transit
    operators and MPO for public review, and the list is to be
    consistent with the funding categories identified in each MPO TIP.

-   Shall be reviewed and approved every 4 years if based on a current
    planning finding.

**[Implementation]{.underline}**

Implementation of the modifications to statewide and metropolitan
planning processes will be in accordance with the following:

-   The Secretary will issue guidance on a schedule for implementation
    of the changes made to the transportation planning process.

-   State and MPOs will not be required to deviate from their
    established plan and program update cycles to implement these
    changes.

```{=html}
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-   State or MPO plan or program updates shall reflect the changes
    beginning July 1, 2007.

#### Federal Share

Federal share remains at 80 percent.

STEWARDSHIP AND OVERSIGHT PROGRAM

**[Program Purpose]{.underline}**

The Stewardship and Oversight Program monitors the effective and
efficient use of resources to best meet the transportation needs of the
nation with a specific focus on financial integrity and project
delivery.

#### Statutory References

SAFETEA-LU Section: 1904

Other: 23 USC 106

**[Program Elements]{.underline}**

[Value Engineering Analysis]{.underline} - States are required to
provide a value engineering analysis or other cost-reduction analysis
for:

-   each project on the Federal-aid system with an estimated total cost
    of \$25 million or more

-   a bridge project with an estimated total cost of \$20 million or
    more

-   any other project designated by the Secretary

The Secretary may require 1 or more analysis for a major project

Value engineering is a systematic process of project review and analysis
conducted during the concept and design phases by a multi-disciplined
team not involved in the project. The process is to provide
recommendations for:

-   providing the needed functions safely, reliably, and at the lowest
    overall cost

-   improving the value and quality of the project

-   reducing the time to complete the project

[Oversight Program]{.underline} - is established to monitor the
effective and efficient use of funds and be responsive all areas
relating to financial integrity and project delivery.

-   Financial integrity -- requires an annual review of elements of the
    State transportation departments' financial management systems that
    affect projects, and development of minimum standards for estimating
    project costs and periodic evaluation of the States' practices for
    estimating project costs, awarding contracts, and reducing project
    costs.

-   Project delivery -- requires annual reviews of a State's project
    delivery system.

-   Responsibility of the States -- the States will be responsible for
    determining that sub-recipients of Federal funds have adequate
    project delivery systems, and sufficient accounting controls. The
    Secretary will periodically review the monitoring of sub-recipients
    by the State.

-   Specific oversight responsibilities -- the Secretary retains full
    oversight responsibilities for the design and construction of all
    Appalachian development highways.

[Major Projects]{.underline} -- recipients of funds for a project with
an estimated total cost of \$500 million or more, and recipients of
funds for other projects as identified by the Secretary, must submit a
project management plan and an annual financial plan for each project.

-   Project management plan -- plan will document the procedures and
    processes that are in effect to allow the project management to
    effectively manage the scope, costs, schedules, quality, and Federal
    requirements applicable to the project. The role of the agency
    leadership and management team in the delivery of the project will
    also be documented.

-   Financial plan -- will be based on detailed estimates of the cost to
    complete the project. The plan will also provide for the annual
    submission of updates that are based on reasonable assumptions of
    future increases in project costs.

[Other Projects]{.underline} -- recipients of funds for a project with
an estimated total cost of \$100 million must prepare an annual
financial plan that will be available for review upon request.

SURFACE TRANSPORTATION-ENVIRONMENTAL COOPERATIVE RESEARCH PROGRAM (STEP)

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    0          \$16.875 M \$16.875 M \$16.875 M \$16.875 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

To establish a surface transportation-environmental cooperative research
program to improve understanding of the complex relationship between
surface transportation and the environment.

#### Statutory References

SAFETEA-LU Section(s): 5207

Statutory Citation: 23 USC 507

**[Funding]{.underline}**

Funded by set-aside from Surface Transportation Research funds
authorized in 5101(a)(1).

The program is to be administered by USDOT. The Secretary may make
grants to, or enter into cooperative agreements with the National
Academy of Sciences as the Secretary determines to be appropriate.

**[Program Contents]{.underline}**

The program may include research to:

-   develop more accurate models for evaluating transportation control
    measures and system designs for use by State and local governments
    to meet environmental requirements;

-   improve understanding of transportation demand factors;

-   develop indicators of economic, social, and environmental
    performance of transportation systems to facilitate alternatives
    analysis;

-   meet additional priorities determined through the transportation
    research and development strategic planning process identified in
    section 5208 of SAFETEA-LU;

-   refine the scope and research emphases through outreach and in
    consultation with stakeholders.

**[Program Administration]{.underline}**

In administering the program, the Secretary shall ensure, to the maximum
extent practicable, that\--

-   the best projects and researchers are selected based on merit, open
    solicitations, and selection by a panel of appropriate experts;

-   qualified, permanent core staff with ability to manage a large
    multiyear budget is used;

-   stakeholders are involved in governance of program;

-   there is no duplication with strategic highway research program.

**SURFACE TRANSPORTATION PROGRAM (STP)**

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$6,860M   \$6,270M   \$6,370M   \$6,473M   \$6,577M
  ----------------- ---------- ---------- ---------- ---------- ----------

\*Authorizations shown here will be augmented by a portion of the Equity
Bonus Program funds

**[Program Purpose]{.underline}**

The Surface Transportation Program provides flexible funding that may be
used by States and localities for projects on any Federal-aid highway,
including the NHS, bridge projects on any public road, transit capital
projects, and intracity and intercity bus terminals and facilities.

#### Statutory References

SAFETEA-LU Section(s): 1101(a)(4), 1103(f), 1113, 1603, 1960, 6006

Other: 23 USC 133, 104(b)(3), 140

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available for 4 years. Funds are
subject to the overall Federal-aid obligation limitation.

Prior to the apportionment of STP funds, the following sums are to be
set aside from the authorized amounts:

> [Operation Lifesaver]{.underline} -- \$560,000 is to be set aside for
> fiscal year 2005. For fiscal years 2006 through 2009, the Operation
> Lifesaver Program will be funded by a separate authorization of
> \$560,000 each year for that program. \[1103(f)\]
>
> [Rail-Highway Crossing Hazard Elimination in High Speed Rail
> Corridors]{.underline} -- \$5.25 million is to be set aside for fiscal
> year 2005. For fiscal years 2006 through 2009, The Hazard Elimination
> Program will be funded by a separate authorization for that program
> (\$7.250M for 2006, \$10M for 2007, \$12.5M for 2008 and \$15M for
> 2009). From this Hazard Elimination funding, there is a setaside for
> the Minneapolis/St. Paul -- Chicago Segment of the Midwest High Speed
> Rail Corridor. \[1103(f)\]
>
> [On-the-Job Training/Supportive Services]{.underline} -- An amount not
> to exceed \$10 million will be set aside for each of fiscal years 2005
> through 2009 for the administration of this program. \[23 USC 140(b)\]
> \[revised 10-2007\]
>
> [Disadvantaged Business Enterprise Training]{.underline} - An amount
> not to exceed \$10 million will be set aside for each of fiscal years
> 2005 through 2009 for the administration of this program. \[23 USC
> 140(c)\] \[revised 10-2007\]

Apportioned funds are to be distributed based on the following factors:

-   25% based on total lane miles of Federal-aid highways

-   40% based on vehicle miles traveled on lanes on Federal-aid highways

-   35% based on estimated tax payments attributable to highway users in
    the States into the Highway Account of the Highway Trust Fund (often
    referred to as "contributions" to the Highway Account

Each State is to receive a minimum of ½% of the funds apportioned for
STP.

**[Eligible Use of Funds]{.underline}**

Continues existing STP eligibilities and adds the following:

-   Advanced truck stop electrification systems \[1113\]

-   Projects relating to intersections that: have disproportionately
    high accident rates; have high congestion; and are located on a
    Federal-aid highway \[1113\]

-   Environmental restoration and pollution abatement -- on a 4R project
    the expenditures for this activity may not exceed 20 percent of the
    total cost of the project. \[6006\]

-   Control of terrestrial and aquatic noxious weeds and establishment
    of native species \[6006\]

**[Program Features]{.underline}**

For FY 2005, the setasides for Safety programs, Transportation
Enhancements (TE) and the allocations to sub-State areas continue,
except the ability to use STP funds from the set aside for areas with
less than 5,000 population on rural minor collectors does not continue.

For 2006 and thereafter---

-   The Safety setaside is eliminated as the new Highway Safety
    Improvement Program takes over the funding of the safety programs.
    \[1113(b)\]

-   The TE setaside is modified to be the greater of 10% of the State's
    STP apportionment or the dollar amount of the TE setaside for the
    State for 2005. \[1113(c)\]

-   62.5 percent of the amount remaining after the TE setaside is
    divided among sub-State areas based on population. \[1113(b)\]

The provision requiring States to make available obligation authority to
urbanized areas over 200,000 population in two 3-year increments
(2004-2006 and 2007-2009) is extended. \[1113(d)\]

State of Alaska -- in any fiscal year up to 15 percent of the State's
STP apportionment may be transferred to the Denali Access System. Such a
transfer of STP funds will have no effect on the TE setaside. \[1960\]

#### Federal Share

The Federal share is generally 80 percent, subject to the sliding scale
adjustment. When the funds are used for Interstate projects to add high
occupancy vehicle or auxiliary lanes, but not other lanes, the Federal
share may be 90 percent, also subject to the sliding scale adjustment.
Certain safety improvements listed in 23 USC 120(c) have a Federal share
of 100 percent.

SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT AND DEPLOYMENT (STRRD)
PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$196.4M   \$196.4M   \$196.4M   \$196.4M   \$196.4M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The program funds surface transportation research, development, and
technology deployment activities to promote innovation in transportation
infrastructure, services, and operations.

#### Statutory References

SAFETEA-LU Section(s): 1102, 5101-5103, 5201-5203, 5206-5210, 7131

**[Funding/Formula]{.underline}**

Funded by contract authority, to remain available until expended. Funds
may not be transferred. \[5101(b)\]

Obligation limitation \--

-   funds are subject to the overall Federal-aid highway obligation
    limitation;

-   funds are also subject to a separate obligation limitation of
    \$410,888,888 per year for 2005-2009 for Title V (includes Surface
    Transportation Research, Training & Education, BTS, University
    Transportation Research, ITS Research, and ITS Deployment); \[5102\]

-   limitation set aside for research programs may be carried over for 3
    years. \[1102(e)\]

Amounts directed/designated for specific recipients or for specific
types of research total more than the amounts authorized for STRRD for
each of FYs 2006-2009. For funding associated with each of these
individual designations from the Surface Transportation Research
authorization in 5101(a)(1), see authorization table.

**[Program Features]{.underline}**

Combines the TEA-21 Surface Transportation Research and Technology
Deployment into a unified program with a clarified Federal role;
establishes principles and procedures for involvement in research and
technology, including stakeholder input, competition and peer review,
and performance review and evaluation. The eligibility of transportation
system management and operations research and development activities is
clarified, and freight security research initiatives are added as
eligible components. An overall 5-year strategic plan is required for
the Department, to integrate the R&D programs of all modes. \[5201,
5203, 5208\]

**Research and technology deployment programs include:**

-   *Exploratory Advanced Research Program*: enhances program to address
    longer-term, higher-risk research, including 1) highway
    infrastructure materials, 2) health effects, 3) safety, 4)
    environment, 5) system condition and performance monitoring, and 6)
    hour-to-hour operational decision-making. \[5201(g)\]

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-   *Long Term Pavement Performance (LTPP)*: continues program for
    pavement research to meet future technology needs. \[5201(i)\]

-   *Seismic Research*: continues program to reduce the vulnerability of
    surface transportation systems to seismic activities. \[5201(j)\]

-   *Biobased Transportation Research*: establishes program to conduct
    biobased research of national importance at the National Biodiesel
    Board and at other research centers. \[5201(m)\]

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-   *Long Term Bridge Performance Program*: parallel to LTPP, this new
    initiative targets bridge research to meet future technology needs.
    \[5202(a)\]

-   *Innovative Bridge Research and Deployment Program*: enhances
    program to promote deployment of innovative bridge technologies,
    including high performance concrete and steel bridges. \[5202(b),
    (c), and (d)\]

-   *Innovative Pavement Research and Deployment Program*: establishes
    program to promote innovative pavement technologies, including
    set-aside for NHS pavements. \[5203(b)\]

-   *Safety Innovation Deployment Program*: establishes a program to
    demonstrate the application of innovative technologies in highway
    safety. \[5203(c)\]

-   *Demonstration projects and studies: Wood Composite Materials
    Demonstration Project*, *Asphalt Reclamation Study*, *Alkali Silica
    Reactivity* \[5203(e)\]

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-   *Transportation Technology Innovations - Fundamental Properties of
    Asphalts and Modified Asphalts and Transportation, Economic, and
    Land Use System*: continues program. \[5204(g)\]

-   *Future Strategic Highway Research Program*: establishes program to
    be carried out through the National Research Council in consultation
    with AASHTO. Program to be based on NRC Special Report 260 and NCHRP
    Project 20-58 and emphasizes the four areas of: renewal, safety,
    congestion, and capacity. \[5210\]

**Operation of the highway system:**

-   *National Cooperative Freight Transportation Research Program*: new
    program, to be conducted through the National Academy of Sciences;
    advisory committee will recommend a national research agenda,
    including estimates of the public benefits derived from freight
    transportation and the uses of technology to improve freight
    transportation. \[5209\]

-   *Surface Transportation Congestion Relief Solutions Research
    Initiative*: two research initiatives to assist States in addressing
    surface transportation congestion problems -- 1) improved congestion
    management system measures, and 2) analytical techniques for action
    on congestion. \[5502\]

#### Facilitating partnerships:

-   *Transportation Pooled Fund Program:* Encourages DOT to pool
    resources with State DOTs and other transportation and research
    organizations for R&T activities of mutual interest. \[5201(d)\]

-   Secretary may directly initiate contracts, agreements to fund, and
    accept funds from TRB, State DOTs, cities, and counties to conduct
    joint R&T programs. \[5201(f)\]

-   *International Highway Transportation Outreach Program*: continues
    program 1) to inform the United States highway community of
    technological innovations in foreign countries, 2) to promote United
    States highway transportation expertise, goods, and services in
    foreign countries, and 3) to increase transfers of United States
    highway transportation technology to foreign countries. \[5206\]

-   *Centers for Surface Transportation Excellence*: provides for the
    establishment of 4 centers \-- environmental excellence, surface
    transportation safety, rural safety, and project finance to provide
    services such as technical assistance, training, information
    sharing, and outreach. \[5309\]

-   *Surface Transportation-Environmental Cooperative Research Program*:
    see separate fact sheet \[5207\]

-   *Center for Transportation Advancement and Regional Development*:
    establishes the Center to assist, through training, education, and
    research, in the comprehensive development of small metropolitan and
    rural regional transportation systems responsive to the needs of
    businesses and local communities.

#### Other 

-   *Infrastructure Investment Needs Report*: due date set at July 31,
    2006, and every two years thereafter must include information
    necessary for comparison with conditions and measures in previous
    reports. \[5201(k)\]

-   *Turner-Fairbank Highway Research Center*: Center recognized as a
    leader in nationwide research to meet the transportation needs of
    the 21st century. \[5201(l)\]

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-   *Promotional Materials*: provides authority to the FHWA to purchase
    promotional items of nominal value for use in educational outreach
    and recruitment. \[5203(d)\]

-   *Transportation Safety Information Management System Project*:
    provides for the further development of TSIMS software application
    to provide for the collection, integration, management, and
    dissemination of safety data. \[5501\]

-   *Commercial Remote Sensing Products and Spatial Information
    Technologies*: program to validate commercial remote sensing
    products and spatial information technologies for application to
    national transportation infrastructure development and construction.
    \[5506\]

-   *Advanced Travel Forecasting Procedures Program*: continues program
    for deployment of the Transportation Analysis Simulation System
    (TRANSIMS) as a planning tool and to develop additional applications
    and uses of the model. \[5512\]

### Federal Share

#### Federal share of surface transportation research funds is 50% unless otherwise determined by the Secretary or expressly provided by SAFETEA-LU, as described below: 

High Performing Steel Bridge Research and Technology Transfer \-- 80%

Wood Composite Materials Demonstration Project \-- 100%

Asphalt Reclamation Study \-- 120(b) or as determined by Secretary

Alkali Silica Reactivity \-- 120(b) or as determined by Secretary

National Cooperative Freight Transportation Research Program -- 100%

Future Strategic Highway Research Program -- 100%

Centers for Surface Transportation Excellence -- 100%

TOLLING PROGRAMS

  ---------------- ---------- ---------- ---------- ---------- ----------
                   2005       2006       2007       2008       2009

  Interstate       \$0        \$0        \$0        \$0        \$0
  System R&R Toll                                              
  Pilot                                                        

  Interstate       \$0        \$0        \$0        \$0        \$0
  System                                                       
  Construction                                                 
  Toll Pilot                                                   

  Value Pricing    \$11 M     \$12 M     \$12M      \$12M      \$12M
  Pilot                                                        

  Express Lanes    \$0        \$0        \$0        \$0        \$0
  Demo                                                         
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

SAFETEA-LU offers States broader ability to use tolling on a pilot, or
demonstration, basis, to finance Interstate construction and
reconstruction, promote efficiency in the use of highways, and support
congestion reduction. In addition to the expanded flexibility available
under these four programs, the Value Pricing Pilot program provides
grants for pre-implementation and implementation costs.

Note: SAFETEA-LU also enhances and clarifies provisions governing the
use and operation of HOV lanes. *See separate fact sheet -- High
Occupancy Vehicle (HOV) Lanes* \[1121\]

#### Statutory References

SAFETEA-LU Section(s): 1604

Other: PL 102-240 (ISTEA) 1012; PL 105-578 (TEA-21) 1216

**[Interstate System Reconstruction & Rehabilitation Toll Pilot
Program]{.underline}**

SAFETEA-LU makes no revisions to the program as established under
TEA-21. Thus, the program is continued, without change, to allow tolling
on up to 3 existing Interstate facilities (highway, bridge, or tunnel)
to fund needed reconstruction or rehabilitation on Interstate highway
corridors that could not otherwise be adequately maintained or
functionally improved. Each of the 3 facilities must be in a different
State.

**[Interstate System Construction Toll Pilot Program]{.underline}**

Similar to the Interstate System R&R Pilot (above), this new program
authorizes up to 3 toll pilot facilities on the Interstate System for
the purpose of constructing new Interstate highways.

Program features include the following:

-   States or Interstate compacts of States are eligible to apply;

-   there is no requirement that the facilities be in different States;

-   tolling must be the most efficient and economical way to finance the
    project, but it doesn't have to be the only way;

-   a facility management plan must be submitted;

-   automatic toll collection is required;

-   non-compete agreements are prohibited \-- a State may not enter into
    an agreement with a private entity that prevents the State from
    improving or expanding capacity of adjacent roads to address
    conditions resulting from diverted traffic;

-   revenues may be used only for debt service, reasonable return on
    investment of private entity, and operation and maintenance costs;
    regular audits will be conducted;

-   Interstate Maintenance funds may not be used on the facility while
    it is tolled;

-   applications must be submitted within 10 years of enactment of
    SAFETEA-LU.

**[Value Pricing Pilot Program (VPPP)]{.underline}**

This pilot program, initially authorized in ISTEA as the Congestion
Pricing Pilot Program, is to encourage implementation and evaluation of
value pricing pilot projects, offering flexibility to encompass a
variety of innovative applications including areawide pricing, pricing
of multiple or single facilities or corridors, single lane pricing, and
implementation of other market-based strategies.

The VPPP is funded by contract authority, to remain available for 4
years. Funds are subject to the overall Federal-aid highway obligation
limitation. The Federal share is 80%. Pre-implementation costs, project
design, and all development and start-up costs are eligible project
expenses. There is no change to the current limit of 15 pilot value
pricing programs, all of which are underway. For these programs, a new
set-aside of \$3 million per year (2006-2009) is to be used only for
congestion pricing pilot projects that do not involve highway tolls.

**[Express Lanes Demonstration Program]{.underline}**

This new demonstration programs permits tolling on selected
demonstration projects to manage high levels of congestion, reduce
emissions in a nonattainment or maintenance area, or finance added
Interstate lanes for the purpose of reducing congestion.

The Secretary is authorized to carry out 15 demonstration projects
during the period from 2005-2009 to allow States, public authorities, or
public or private entities designated by States to collect a toll from
motor vehicles at an eligible toll facility for any highway, bridge, or
tunnel, including on the Interstate. An "eligible toll facility"
includes:

-   a facility in existence on the date of enactment that collects
    tolls;

-   a facility in existence on the date of enactment that serves high
    occupancy vehicles;

-   a facility modified or constructed after the date of enactment to
    create additional tolled capacity (includes construction by a
    private entity or using private funds); and

-   in the case of an added lane on a previously non-tolled facility,
    only the new lane.

Program features include:

-   variable pricing by time of day or level of traffic, as appropriate
    to manage congestion or improve air quality, is required if an HOV
    facility is tolled; for a non-HOV facility, variable pricing is
    optional;

-   motor vehicles with fewer than 2 occupants may be permitted to use
    HOV lanes as part of a variable toll pricing program;

-   automatic toll collection is required in express lanes to optimize
    free flow of traffic; and

-   toll revenue may only be used for debt service, reasonable rate of
    return on private financing, operation and maintenance costs, or any
    eligible title 23 or 49 project if the facility is being adequately
    maintained.

Federal share of project cost of a facility tolled under this program,
including installation of the toll collection facility, may not exceed
80%.

A final rule on interoperability of electronic collection systems is
required within 180 days of enactment. Regular monitoring and reporting
on the achievement of performance goals is required, as well as annual
reports to Congress starting after 1 year on the use of funds, and
reports on program successes beginning 3 years after enactment and then
every 3 years thereafter.

TRAINING AND EDUCATION PROGRAM

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$26.7M    \$26.7M    \$26.7M    \$26.7M    \$26.7M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The Training and Education Program provides funding to develop and
administer education and training programs to support those associated
with surface transportation.

#### Statutory References

SAFETEA-LU Section(s): 5101, 5204, 5505

Other: 23 USC 504

**[Funding]{.underline}**

The following programs are funded by setasides from the Training and
Education authorization:

For each of fiscal years 2005 -- 2009

-   National Highway Institute -- \$9.6 million

-   Local Technical Assistance Program - \$11.1 million

-   Eisenhower Transportation Fellowship Program - \$2.2 million

For each of fiscal years 2006 -- 2009

-   Garrett A. Morgan Program - \$1.25 million

-   Transportation Education Development Pilot Program - \$1.875 million

-   Freight Planning Capacity Building Program - \$875 thousand

-   Surface Transportation Congestion Solutions Research Program --
    \$750 thousand for the technical assistance and deployment of
    results of the Congestions Solutions program.

[Surface Transportation Workforce Development, Training, and
Education]{.underline} -- States may obligate funds apportioned for the
National Highway System, Interstate Maintenance, Surface Transportation,
Congestion Mitigation and Air Quality, and Highway Bridge Replacement
and Rehabilitation programs for surface transportation workforce
development, training and education.

# [Program Features]{.underline}

Significant features of the Training and Education Program include the
following:

-   National Highway Institute: provides for the continuation of NHI and
    adds Asset Management to the list of courses.

-   Local Technical Assistance Program: continues program to provide
    access to surface transportation technology 1) to highway and
    transportation agencies in urbanized and rural areas and 2) to
    contractors that perform work for those agencies.

-   Garrett Morgan Program: funds program for outreach to elementary
    school and secondary school students

-   Transportation Education Development Program: establishes funding
    and pilot program to develop training and education curriculums for
    surface transportation workers.

-   Freight Planning Capacity Building Program: establishes program to
    support enhancements in freight transportation planning in order: 1)
    to better target investments and 2) strengthen the decision making
    capacity of State transportation departments and local
    transportation agencies with regard to freight transportation
    planning and systems.

-   Eisenhower Transportation Fellowship Program: continues funding for
    program 1) to attract the nation\'s brightest minds to the field of
    transportation, 2) to enhance the careers of transportation
    professionals by encouraging them to seek advanced degrees, and 3)
    to retain top talent in the transportation industry of the United
    States.

-   Surface Transportation Congestion Relief Solutions Technical
    Assistance and Training: establishes program to disseminate the
    results of the surface transportation congestion solutions research
    initiative for the purpose of assisting State transportation
    departments and local transportation agencies with improving their
    approaches to surface transportation congestion measurement,
    analysis, and project programming.

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-   Transportation Scholarship Opportunities Program: provides authority
    for the operating administrations of the U.S. Department of
    Transportation and for \"non-governmental institutions\" to
    establish scholarship and mentoring programs. The Secretary may use
    funds available to an operating administration or the Office of
    Inspector General for this program. Some DOT operating
    administrations did not have statutory authority in this area prior
    to SAFETEA-LU.

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-   Transportation Education Development Pilot Program: focuses on
    curriculum development at all education levels and for in-service
    professional development programs.

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-   Surface Transportation Workforce Development, Training and
    Education**:** funds may be used, at the discretion of the states,
    for workforce development, training and education purposes. Eligible
    activities include: tuition and direct educational expenses;
    employee professional development; student internships; university
    or community college support; and education activities, including
    outreach to develop interest and promote participation in surface
    transportation careers.

#### Federal Share

#### Federal share of Training and Education funds is 50% unless otherwise as provided by law or as determined by the Secretary. 

#### 

#### The Federal share for each of the following programs is 100%:

-   Tribal Technical Assistance Program

-   Surface Transportation Workforce Development, Training, and
    Education

-   Transportation Education Development Pilot Program

-   Freight Planning Capacity Building Program

-   Garrett A. Morgan Program

TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION

(TCSP) PROGRAM

  --------------- ---------- ------------ ---------- ------------ ------------
  Year            2005       2006         2007       2008         2009

  Authorization   \$25M      \$61.25M     \$61.25M   \$61.25M     \$61.25M
  --------------- ---------- ------------ ---------- ------------ ------------

**[Program Purpose]{.underline}**

The TCSP Program is intended to address the relationships among
transportation, community, and system preservation plans and practices
and identify private sector-based initiatives to improve those
relationships.

#### Statutory References

SAFETEA-LU Section: 1117.

**[Funding]{.underline}**

Funded by contract authority; funds are not transferable. Funds are
subject to the overall Federal-aid highway obligation limitation.
\[1117, 1102\]

Funds are to be allocated by the Secretary to States, metropolitan
planning organizations, local and tribal governments, ensuring an
equitable distribution to a diversity of populations and geographic
regions.

[]{.mark}

**[Eligible Use of Funds]{.underline}**

Funds may be used to carry out eligible projects to integrate
transportation, community, and system preservation plans and practices
that:

-   Improve the efficiency of the transportation system of the United
    States.

-   Reduce the impacts of transportation on the environment.

-   Reduce the need for costly future investments in public
    infrastructure.

-   Provide efficient access to jobs, services, and centers of trade.

-   Examine community development patterns and identify strategies to
    encourage private sector development.

Eligibility is broadly defined as a project eligible for assistance
under title 23 or chapter 53 of title 49, or any other activity the
Secretary determines to be appropriate to implement transit-oriented
development plans, traffic calming measures, or other coordinated TCSP
practices.

**[Project Selection]{.underline}**

### The Secretary of Transportation will make grants based on applications from States, tribal, regional, and local governments, with priority consideration given to applicants that:

-   Have instituted coordinated preservation or development plans that
    promote cost-effective investment and private sector strategies,

-   Have instituted other TCSP polices such as those addressing
    high-growth areas, urban growth boundaries, "green corridors"
    programs that provide access to major highway corridors for
    controlled growth areas,

-   Address environmental mitigation, and

-   Encourage private sector involvement.

### Federal Share

The Federal share payable on account of any TCSP project or activity
shall be 80% or subject to the sliding scale rate. \[23 USC 120(b)\]

###### TRANSPORTATION CONFORMITY

**[Purpose]{.underline}**

Transportation conformity (\"conformity\") is a provision of the Clean
Air Act that ensures that Federal funding and approval goes to those
transportation activities that are consistent with air quality goals.
Conformity applies to transportation plans and projects funded or
approved by the Federal Highway Administration (FHWA) or the Federal
Transit Administration (FTA) in areas that do not meet or previously
have not met air quality standards for ozone, carbon monoxide,
particulate matter, or nitrogen dioxide.

**[Statutory References]{.underline}**

SAFETEA-LU Section: 6011

Other: 42 USC §7506

### Key Modifications

## Requiring MPOs to redetermine conformity of plan and TIP not later than 2 years after motor vehicle emission budgets are found adequate, the budgets are approved (if they had not yet been found adequate), or a Federal Implementation Plan (FIP) approval that establishes/revises budgets. \[6011(a)\]

## Requiring the frequency of conformity for plans and TIPs to be every four years, except when the MPO elects to update the plan or TIP more frequently, or when SIP actions trigger a new conformity determination. \[6011(b)\]

-   Requiring conformity determination must be made for the last year of
    the transportation plan, but allowing, at the election of the MPO,
    and after consultation with the applicable air agency and public
    comment, conformity to be demonstrated for the longer of: (1) the
    first ten-year period of the plan, (2) the latest year the SIP has a
    budget, or (3) the year after completion of a regionally significant
    project that is in the TIP or one that requires approval before the
    subsequent determination. Such conformity determinations would need
    to be accompanied by a regional emissions analysis for the last year
    of the transportation plan and any year shown to exceed budgets by a
    prior analysis. \[6011(c)\]

-   Allowing at the election of the MPO, after consultation with the
    applicable air agency and public comment, conformity to be
    demonstrated only through the end of the maintenance period once
    budgets are found adequate or approved for the second ten-year
    maintenance plan. \[6011(c)\]

-   Providing that substitute TCMs can replace or be added to existing
    TCMs in approved SIPs, if (1) the substitute achieves equal or
    greater emissions reductions; (2) the schedule is consistent with
    existing TCM, or if the implementation date has passed, as soon as
    practicable, but no later than date reductions are needed; (3)
    adequate personnel, funding, and enforcement are demonstrated;
    and (4) the substitute is developed through a collaborative process
    that includes public comment and concurrence by the MPO, the air
    agency, and EPA. No substitution mechanism in the SIP is needed, and
    substitution doesn't require a new conformity determination or SIP
    revision. \[6011(d)\]

## Defining lapse in Clean Air Act, and providing that a lapse will not occur until 12 months after an applicable deadline. \[6011(e)\]

## Providing that the Conformity SIP only needs to include consultation procedures, and enforcement and enforceability criteria and procedures to address 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c). \[6011(f)\]

##### 

##### Implementation

EPA is required to promulgate revised regulations, with DOT concurrence,
to implement the changes in section 6011 not later than 2 years after
the enactment of SAFETEA \[6011(g)\]

TRANSPORTATION ENHANCEMENT PROGRAM

**[Program Purpose]{.underline}**

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

#### Statutory References

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

**[Funding]{.underline}**

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]{.underline}** \[1122\]

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]{.underline}**

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. \[23 USC 133(e)(5)\]

TRANSPORTATION IMPROVEMENTS

  ----------------- ---------- ---------- ---------- ---------- ----------
  Year              2005       2006       2007       2008       2009

  Authorization\*   \$256 M    \$511 M    \$639 M    \$639 M    \$511 M
  ----------------- ---------- ---------- ---------- ---------- ----------

\* The authorization is for such sums as may be necessary to carry out
the required distribution of funds. Amounts shown above are those
amounts.

**[Program Purpose]{.underline}**

The Transportation Improvements provision provides designated funding
for specific projects identified in SAFETEA-LU. A total of 466 projects
are identified, each with a specified amount of funding over the 5 years
of SAFETEA-LU. \[1934\]

#### Statutory References

SAFETEA-LU Section(s): 1913, 1934, 1935, 1936, 1941,1949, 10210, 1102

**[Funding]{.underline}**

Funded by contract authority, available until expended. The funds
designated for a project are available only for that project with the
following exception: For each project designated in section 1934, the
Secretary will allocate a portion of the amount designated for that
project: 10% in 2005, 20% for 2006, 25% for 2007, 25% for 2008 and 20%
for 2009. \[1934\]

The funds designated for a project in section 1934 are available only
for that project with the following exception: Funds allocated for a
project specified below may be obligated for any other of these projects
in the same State:

-   High Priority Projects listed in section 1702 and numbered 3677 or
    higher;

-   Projects of National and Regional Significance listed in section
    1301 and numbered 19 or higher;

-   National Corridor Infrastructure Improvement Program projects listed
    in section 1302 and numbered 28 or higher; or

-   Any Transportation Improvements project listed in section 1934;

except that the authorization for a project from the category list may
not be reduced. \[1935\]

Transportation Improvements projects may also be advanced with funds
apportioned under 23 U.S.C. 104(b) from a program under which the
project would be eligible, and the funds are to be restored from future
allocations of the Transportation Improvements funds for the project.
\[1936\]

The obligation limitation for Transportation Improvements is special no
year limitation that remains available until used. The obligation limit
is provided each year in aggregate to each State for Transportation
Improvements projects. \[1102(c)(4) & (g)\]

For FY 2005 only, the obligation limitation set aside for the listed
Transportation Improvements may be used as formula limitation. Any
limitation used in this manner must be restored when the FY 2006
obligation limit is distributed. \[1102(i)\]

**[Eligible Use of Funds]{.underline}**

The funds are available only for the activities described for each
project in section 1934 of SAFETEA-LU, subject to the flexibility
described above.

**[Special Provisions]{.underline}**

Funds made available to the State of Montana for the construction of
U.S. 212, Red Lodge North, (Transportation Improvements project \# 246)
or transferred to the project under section 1935 of SAFETEA-LU may be
used for reconstruction of the Bear Tooth Highway, to be subsequently
reimbursed from Emergency Relief funds as they become available.
\[1941\]

Funds provided for the Knik Arm Bridge in Transportation Improvements
project #2 are to be provided to the public entity known as the Knik Arm
Bridge and Toll Authority, established by the State of Alaska. \[1949\]

The Secretary of Transportation is to establish a demonstration
initiative using digital project simulation to plan, design, and
construct Transportation Improvements project \# 31, improvements to
U.S. 285 and Deer Creek interchange in Colorado. \[10210\]

The discussion of section 1934 in the Joint Explanatory Statement in H.
Rept. 109-203 provides further information on the use of funds
designated for projects \# 410, 413, 420, 424, and 425, all in Vermont.

### 

### Federal Share

Generally*,* The Federal share of the cost of a project under this
section shall be determined in accordance with 23 USC 120, which
provides for a Federal share of 90 percent, subject to sliding scale,
for certain Interstate projects; 80 percent for most other projects,
also subject to sliding scale; and 100 percent for certain safety
projects. \[1934\]

For the States of Alaska, Montana, Nevada, North Dakota, Oregon, and
South Dakota, the Federal share is 80 percent, subject to sliding scale.
\[1964\]

Notwithstanding any other provision of law, and regardless of the source
of Federal funds, the Federal share of the eligible costs of
construction of a bridge between Bismarck, North Dakota, and Mandan,
North Dakota, shall be 90 percent. Project #266 is a source of funds for
this bridge. \[1913\]

The Federal share for Transportation Improvements project \# 377 is 100
percent. \[Item 377 in the table in 1934(c)\]

TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT (TIFIA)

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$122 M    \$122 M    \$122 M    \$122 M    \$122 M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The TIFIA program provides Federal credit assistance to nationally or
regionally significant surface transportation projects, including
highway, transit and rail. The program is designed to fill market gaps
and leverage substantial private co-investment by providing projects
with supplemental or subordinate debt.

#### Statutory References

SAFETEA LU Section(s): 1601

Other: 23 USC 601-609

### Program Products

The TIFIA credit program consists of three types of financial
assistance, designed to address requirements throughout a project's life
cycle.

-   *Secured loans* are direct Federal loans to project sponsors
    offering flexible repayment terms and providing combined
    construction and permanent financing of capital costs.

-   *Loan guarantees* provide full-faith-and-credit guarantees by the
    Federal Government to institutional investors, such as pension
    funds, that make loans for projects.

-   *Lines of credit* represent contingent sources of funding in the
    form of Federal loans that may be drawn upon to supplement project
    revenues, if needed, during the first 10 years of project
    operations.

Senior project obligations must receive an investment grade rating. The
total amount of TIFIA credit assistance may not exceed 33 percent of
eligible project costs (or, if the TIFIA credit does not receive an
investment grade rating, the amount of senior project obligations). The
TIFIA credit instrument must be supported in whole or in part from user
charges or other dedicated non-Federal funding sources that also secure
the project obligations. Credit assistance must be repaid within 35
years after the project's substantial completion.

**[Funding]{.underline}**

Funded by contract authority, to remain available until expended, the
funds are subject to the overall Federal-aid obligation limitation.
Funds cover the subsidy cost (similar to a commercial bank's loan
reserve requirement) of TIFIA credit assistance. The annual amount of
available credit assistance is a function of available contract
authority.

**[Eligible Use of Funds]{.underline}**

Any type of project eligible for Federal assistance through surface
transportation programs under Title 23 or chapter 53 of Title 49, USC
(highway projects and transit capital projects) is eligible for the
TIFIA credit program. Eligibility is specifically extended to
international bridges and tunnels as well as inter-city passenger bus
and rail facilities and vehicles (including Amtrak and magnetic
levitation systems).

Eligibility for freight facilities is clarified and expanded to include:
public freight rail facilities or private facilities providing public
benefit for highway users; intermodal freight transfer facilities;
access to such freight facilities and service improvements to such
facilities including capital investment for intelligent transportation
systems (ITS). Freight projects may involve the combining of private and
public sector funds in private sector facility improvement. When located
in a port terminal, only surface transportation infrastructure
modifications necessary to facilitate direct intermodal interchange,
transfer, and access into and out of the port are eligible.

Each project must meet certain objectively measurable thresholds to
qualify, several of which were lowered by SAFETEA-LU. A project must
cost at least \$50M or 1/3 of the State's annual apportionment of
Federal-aid highway funds whichever is less. For intelligent
transportation system projects, the minimum cost is \$15M. Freight
projects with a common objective of improving the flow of goods may be
combined to meet project thresholds. A project must be consistent with
the State's long-range transportation plan and be included in the
transportation improvement program.

Qualified projects meeting the initial threshold eligibility criteria
will be evaluated by the Secretary and selected based on the extent to
which they generate economic benefits, leverage private capital, promote
innovative technologies, and meet other program objectives.

TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS

**[Program Purpose]{.underline}**

To encourage and promote the safe and efficient management and operation
of integrated, intermodal surface transportation systems to serve the
mobility needs of people and freight and foster economic growth and
development.

#### Statutory References

SAFETEA-LU Section(s): 1201, 1808, 5101(a)(5), 5211, 5305, 5306, 5310(8)

Other: 23 USC 511

**[Eligibilities]{.underline}**

Eligibility for transportation systems management and operations is
found in a number of programs, including:

[Congestion Mitigation and Air Quality Improvement Program]{.underline}

Expands eligibilities to include projects or programs that improve
transportation systems management and operations that mitigate
congestion and improve air quality. \[1808\]

Continues eligibility for: \[23 USC 149\]

-   projects to establish or operate a traffic monitoring, management,
    and control facility or program.

-   programs or projects that improve traffic flow, including projects
    to improve signalization, construct high occupancy vehicle lanes,
    improve intersections, and implement ITS strategies.

[Real-Time System Management Information Program]{.underline} \[1201\]

Establishes a new program aimed at providing in all States the ability
to monitor, in real time, the traffic and travel conditions on major
highways and to share that information to improve the operation of the
highway system. (see separate fact sheet on this program)

##### 

##### National Highway System

Continues eligibility for capital and operating costs for traffic
monitoring, management, and control facilities and programs. \[23 USC
103\]

[Transportation Planning]{.underline}

Continues the provisions that:

-   allow the Secretary to provide funding to support adequate
    consideration of transportation systems management and operations,
    including ITS, within metropolitan and statewide planning processes.

-   requires the plans for metropolitan areas and States provide for the
    integrated management and operation of transportation systems that
    will function as an intermodal transportation system. One of the
    considerations of metropolitan and State planning processes for
    projects and strategies is the promotion of efficient system
    management and operation.

[Intelligent Transportation System (ITS) Research]{.underline}

ITS R&D priority areas include several transportation system management
and operations elements, such as traffic management, incident
management, freight management, road weather management, and traveler
information. From funds authorized for ITS Research, \$7 million is
setaside for each of fiscal years 2005-2009 for the continuation of ITS
management and operations in the Interstate Route 95 corridor coalition
region initiated under ISTEA. \[5211\]

TRUCK PARKING FACILITIES

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization    \$0        \$6.25M    \$6.25M    \$6.25M    \$6.25M
  ---------------- ---------- ---------- ---------- ---------- ----------

**[Program Purpose]{.underline}**

The Truck Parking Facilities program is a pilot program that provides
funding to address the shortage of long-term parking for commercial
vehicles on the National Highway System.

#### Statutory References

SAFETEA-LU Section: 1305

**[Funding]{.underline}**

Funded by contract authority, to remain available until expended. Funds
are subject to the overall Federal-aid obligation limitation and are not
transferable.

States, metropolitan planning organizations (MPOs), and local
governments are eligible recipients of program funds. To receive funds,
a State, MPO or local government must submit an application.

Funding priority will be given to applicants that:

-   demonstrate a severe shortage of commercial vehicle parking in the
    corridor

-   have consulted with affected State and local governments, community
    groups, providers of commercial vehicle parking, and motorist and
    trucking organizations

-   demonstrate that their proposed projects are likely to have positive
    effects on highway safety, traffic congestion or air quality

**[Eligible Use of Funds]{.underline}**

Funds shall be available for projects on the NHS that may include the
following activities:

-   constructing safety rest areas that include commercial vehicle
    parking

-   constructing commercial vehicle parking facilities adjacent to
    commercial truck stops and travel plazas

-   opening existing facilities to commercial vehicles

-   promoting the availability of publicly or privately provided
    commercial vehicle parking on the NHS using ITS systems and other
    means

-   constructing turnouts for commercial vehicles

-   making capital improvements to public commercial vehicle parking
    facilities to allow year-round use

-   improve the geometric design of interchanges to improve access to
    parking facilities

**[Report to Congress]{.underline}**

A report on the results of the pilot program shall be submitted to
Congress not later than 3 years after enactment of SAFETEA-LU.

#### Federal Share

The Federal share is generally 80 percent, subject to the sliding scale
adjustment. Certain safety improvements listed in 23 USC 120(c) have a
Federal share of 100 percent.

WORK ZONE SAFETY PROVISIONS

  ---------------- ---------- ---------- ---------- ---------- ----------
  Year             2005       2006       2007       2008       2009

  Authorization:                                               

  Work Zone Safety \$0        \$5 M      \$5 M      \$5 M      \$5 M
  Grants                                                       

  National Work    \$0        \$1 M      \$1 M      \$1 M      \$1 M
  Zone Safety                                                  
  Clearinghouse                                                
  ---------------- ---------- ---------- ---------- ---------- ----------

#### Several provisions in SAFETEA-LU address safety in highway construction work zones.

#### Work Zone Safety Grants \[1409\]

Under the Work Zone Safety Grants program, the Secretary will make
grants to nonprofit and not-for-profit organizations to provide training
to prevent and reduce work zone injuries and fatalities.

Grants may be used for:

-   construction worker training to prevent injuries and fatalities

-   development of guidelines to prevent work zone injuries and
    fatalities

-   training for State and local governments, transportation agencies,
    and other groups implementing these guidelines

The funds are contract authority, available for 4 years and subject to
the Federal-aid highway obligation limitation. The Federal share is 80
percent and funds may not be transferred.

**[National Work Zone Safety Information Clearinghouse]{.underline}**

Under this program, the Secretary will make grants to a national
nonprofit foundation for the operation of the National Work Zone
Information Clearinghouse to be used for assembling and disseminating,
electronically or otherwise, information relating to the improvement of
work zone safety. Program funds are contract authority, available until
expended and subject to the Federal-aid highway obligation limitation.
The Federal share is 100 percent and funds may not be transferred.
\[1410 & 358(b) of P.L. 104-59\]\]

#### 

#### Worker Injury Prevention and Free Flow of Vehicular Traffic

The Secretary is to establish, within one year from SAFETEA-LU's
enactment, regulations requiring highway workers to wear high visibility
garments. \[1402\]

#### Temporary Traffic Control Devices

Projects may not be approved on Federal-aid highways or under the
Federal Lands Highway program unless proper temporary traffic control
devices to improve safety in work zones will be installed and maintained
during construction, utility, and maintenance operations on the portion
of the highway to be improved by such projects. Installation and
maintenance of the devices must be in accordance with the Manual on
Uniform Traffic Control Devices.

The Secretary of Transportation, after consultation with appropriate
Federal and State officials, is to issue regulations establishing the
conditions for the appropriate use of, and expenditure of funds for,
uniformed law enforcement officer, positive protective measures between
workers and motorized traffic, and installation and maintenance of
temporary traffic control devices during construction, utility, and
maintenance operations.

\[1110\]