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U.S. Department

of Transportation

**Federal Highway Federal Transit**

**Administration Administration**

Subject: **INFORMATION**: Flexible Funding for Highways and Date:
February 6, 2006

Transit and Funding for Bicycle & Pedestrian Programs

/original signed by/

From: Cynthia J. Burbank, Associate Administrator Reply to

> for Planning, Environment & Realty, FHWA Attn. of:

/original signed by/

Brigid Hynes-Cherin, Associate Administrator

> for Planning & Environment, FTA

To: FHWA Division Administrators

Federal Lands Highway Divisions

FTA Regional Administrators

FHWA/FTA Metropolitan Offices

The guidance in this memorandum updates and replaces the information
contained in our May 24, 2002, memorandum on the same subject to reflect
new programs and revisions to existing programs as a result of enactment
of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA-LU) on August 10, 2005. The main change is
the addition of information on new programs and the deletion of
information on programs that were not continued under the SAFETEA-LU.
Also added is information on metropolitan and statewide planning funds.

Flexible funding was one of the hallmarks of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) that was continued under
the 1998 Transportation Equity Act for the 21^st^ Century (TEA-21) and
under the SAFETEA-LU. These flexible funding provisions enable State and
local governments, transit operators, and metropolitan planning
organizations to more effectively meet their unique needs, and
facilitate a multimodal approach to meeting transportation needs at both
the statewide and metropolitan levels. The flexibility provisions of
these transportation acts include:

1.  Broad highway/ transit eligibility within selected categories of
    major highway and transit programs;

2.  Transfer of funds within the Federal-aid highway program to other
    programs with broader highway/transit eligibility; and

3.  Transfer of funds from FHWA to FTA and vice versa.

Attachment 1 is a summary of these flexibility provisions and the table
in Attachment 2 includes information on eligible highway and transit
projects under the various FHWA and FTA programs. Attachment 3 provides
information on FHWA and FTA funds that may be used for bicycle and
pedestrian activities. Although not a flexible funding issue, we felt
that the

information on bicycle and pedestrian facilities should be included in
since it was also in the May 24, 2002, memorandum.

Please ensure that your staff is aware of this flexibility, and please
share this information with your transportation partners.

If you or your staff has any questions about flexible funding, please
contact Ken Petty (202-366-6654) in the FHWA Office of Planning
(HEPP-20) or Ken Johnson (202-366-2053) in the FTA Office of Program
Management (TPM-10). For questions on funding for bicycle and pedestrian
activities, contact John Fegan (202-366-5007) in the FHWA Office of
Natural and Human Environment (HEPN-50).

Attachments (3)

#### Attachment 1

**FLEXIBLE FUNDING FOR TRANSIT**

AND HIGHWAY IMPROVEMENTS

## ELIGIBILITY

Many Federal-aid highway programs have specific eligible transit
activities identified in the legislation. In addition, funds from other
programs that do not have specific transit eligibility may be
transferred by the State under the uniform transferability provisions of
23 U.S.C. §126 to other Federal-aid highway programs that do have such
eligibility. If funds are transferred from one Federal-aid highway
program to another, those funds then have the same eligibility as the
program that they are transferred to. For example, Interstate
Maintenance (IM) funds transferred to the Surface Transportation Program
(STP) would have the same eligibility as STP funds. The table in
Attachment 2 shows which Federal-aid highway programs have eligible
transit activities and those programs that do not, but where funds may
be transferred to another program that does have such eligibility. This
table also lists Federal transit programs that may be used for highway
related activities.

In addition to the project eligibility identified in Attachment 2, there
are other projects that support both transit and highway systems, either
directly or indirectly (e.g., construction of park and ride lots,
carpool/vanpool programs), that are eligible for funding under both
title 23 and Chapter 53 of title 49, U.S.C.

## 

## As with all other projects proposed for funding under title 23 and Chapter 53 of title 49, it is important to remember that the requirements of the metropolitan and statewide transportation planning processes must be met for flexible funded projects, including project selection requirements.

## INTERAGENCY TRANSFERS

Under the transfer provisions in 49 U.S.C. 5334(h), section 5307,
Urbanized Area Formula Grant, funds made available for a highway project
must be transferred to the FHWA for administration under the provisions
of title 23, U.S.C.

Under the transfer provisions first enacted under the Intermodal Surface
Transportation Efficiency Act (ISTEA), title 23 funds made available for
transit projects had to be transferred to the FTA for administration
under the provisions of Chapter 53 of title 49. However, under current
transfer provisions in 23 U.S.C. §104(k), the State may request transfer
of the title 23 funds used for transit projects to FTA for
administration or have the FHWA administer the funds under title 23
without transfer.

Following are a few important points to keep in mind when considering
interagency transfers:

1.  Funds transferred to or from FHWA or FTA can be used only for
    purposes eligible under the original program that the funds are
    transferred from.

2.  Funds that are transferred from FHWA to FTA shall be administered
    under the requirements of the Chapter 53 of title 49, U.S.C. and
    funds transferred from FTA to FHWA shall be administered under the
    requirements of title 23, U.S.C., except that the non-Federal share
    for the original source of the funding applies to the transferred
    funds (see 23 U.S.C. §104(k) and 49 U.S.C. §5334(h)).

3.  For transit capital projects funded with National Highway System
    (NHS) funds under 23 U.S.C. 103(b)(6)(C) or STP funds under 23
    U.S.C. 133(b)(2), applicable Chapter 53 statutory requirements
    (e.g., Employee protective arrangements (49 U.S.C. 5333(b)), Charter
    bus transportation services (49 U.S.C. 5323(d)), etc.) must be
    complied with even if the funds are not transferred to FTA for
    administration under Chapter 53. If the funds will be administered
    by the FHWA for such capital projects, the FHWA Division should work
    with the FTA Regional Office to determine which Chapter 53
    provisions apply and how.

4.  To transfer funds from FHWA to FTA, the State transportation
    department must request that the funds be transferred, with the
    concurrence of the Metropolitan Planning Organization (MPO) if the
    project is within a metropolitan planning area, in a letter to the
    FHWA Division Office.

5.  In a Transportation Management Area (TMA), the MPO may elect to
    transfer portions of its FTA Section 5307 funds that cannot be used
    for operating assistance to FHWA for highway projects subject to the
    requirements of 49 U.S.C. §5307(b)(2).

6.  To transfer 49 U.S.C. §5307 funds from FTA to FHWA, the MPO must
    submit a request to the FTA Regional Office with a certification
    that: (1) Americans with Disabilities Act (ADA) needs have been
    met, (2) notice and opportunity for comment and appeal have been
    provided to affected transit providers, and (3) local funds used for
    the non‑Federal match are eligible to provide assistance for either
    highway or transit projects.

7.  Funding transfers are permitted only for projects contained in an
    approved metropolitan transportation improvement program (TIP)
    and/or statewide transportation improvement program (STIP).

######### **Attachment 2**

######### **FHWA and FTA Funds That May be Used for Either Highway or Transit Purposes**

+---------------+-------------------+-------------+-------------------+
| #             |                   |             |                   |
| Federal Highw |                   |             |                   |
| ay Administra |                   |             |                   |
| tion Programs |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| **Primary     | **Eligible        | **Transfer  | **Interagency     |
| Purpose**     | Transit           | Among Title | Trans­fer          |
|               | Activities**      | 23          | Considerations**  |
|               |                   | Programs**  |                   |
+---------------+-------------------+-------------+-------------------+
| **            |                   |             |                   |
| *Metropolitan |                   |             |                   |
| Planning (PL) |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 104(f)***     |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| To carry out  | 49 U.S.C. 5303    | None.       | May be            |
| the           | metropolitan      |             | transferred to    |
| metropolitan  | transportation    |             | FTA at the        |
| t             | planning process  |             | request of the    |
| ransportation |                   |             | State DOT to be   |
| planning      |                   |             | combined with 49  |
| process under |                   |             | U.S.C. 5305(d)    |
| 23 U.S.C.     |                   |             | metropolitan      |
| 134.          |                   |             | planning funds as |
|               |                   |             | a consolidated    |
|               |                   |             | planning grant.   |
+---------------+-------------------+-------------+-------------------+
| ***Statewide  |                   |             |                   |
| Planning&     |                   |             |                   |
| Research      |                   |             |                   |
| (SPR) (23     |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 505)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Highway and   | 49 U.S.C. 5305    | None.       | SPR funds for     |
| transit       | statewide         |             | planning may be   |
| planning;     | transportation    |             | transferred to    |
| statewide     | planning process; |             | FTA at the        |
| t             | public            |             | request of the    |
| ransportation | transportation    |             | State DOT to be   |
| planning      | management        |             | combined with 49  |
| under 23      | systems under 23  |             | U.S.C. 5305(e)    |
| U.S.C. 135;   | U.S.C. 303.       |             | statewide         |
| metropolitan  |                   |             | planning funds as |
| t             |                   |             | a consolidated    |
| ransportation |                   |             | planning grant.   |
| planning      |                   |             | The 25% of SPR    |
| under 23      |                   |             | funds that can    |
| U.S.C. 134.   |                   |             | only be used for  |
|               |                   |             | RD&T may not be   |
|               |                   |             | transferred.      |
+---------------+-------------------+-------------+-------------------+
| ***National   |                   |             |                   |
| Highway       |                   |             |                   |
| System (NHS)  |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 103)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Improvements  | Transit           | Up to 50%   | May be            |
| to rural and  | improvements      | of funds    | administered by   |
| urban roads   | within a NHS      | may be      | FHWA or may be    |
| that are part | corridor, subject | transferred | transferred to    |
| of the NHS or | to statutory      | to CMAQ,    | FTA for transit   |
| that are NHS  | conditions set in | STP, IM,    | projects eligible |
| Intermodal    | 23 U.S.C. 103     | HSIP, RTP,  | for NHS funds     |
| connectors.   | (b)(6)(C);        | and/or      | under 23 U.S.C.   |
|               | transportation    | HBRRP.      | 103(b)(6).        |
|               | planning in       |             |                   |
|               | accordance with   | Up to 100%  |                   |
|               | 23 U.S.C. 134 &   | of NHS      |                   |
|               | 135; fringe and   | funds may   |                   |
|               | corridor parking  | be          |                   |
|               | facilities;       | trans­ferred |                   |
|               | carpool and       | to STP if   |                   |
|               | vanpool projects; | approved by |                   |
|               | public            | the         |                   |
|               | transportation    | Secre­tary   |                   |
|               | management        | and if      |                   |
|               | systems under 23  | suffi­cient  |                   |
|               | U.S.C. 303;       | notice and  |                   |
|               | publicly owned    | opportunity |                   |
|               | intracity and     | for public  |                   |
|               | intercity bus     | comment is  |                   |
|               | terminals.        | given.      |                   |
+---------------+-------------------+-------------+-------------------+
| ***Equity     |                   |             |                   |
| Bonus (EB)    |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 105)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Same as STP.  | Same as STP.      | None.       | Same as STP.      |
+---------------+-------------------+-------------+-------------------+
| ***Interstate |                   |             |                   |
| Maintenance   |                   |             |                   |
| (IM) (23      |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 119)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Resurfacing,  | No direct transit | Up to 50%   | Must first be     |
| restoring,    | uses.             | of funds    | transferred to    |
| re            |                   | may be      | another 23 U.S.C. |
| habilitating, |                   | transferred | program that has  |
| and           |                   | to NHS,     | transit           |
| r             |                   | CMAQ, STP,  | eligibility       |
| econstructing |                   | HSIP, RTP,  | before the funds  |
| most routes   |                   | and/or      | may be            |
| on the        |                   | HBRRP.      | transferred to    |
| Interstate    |                   |             | FTA.              |
| system.       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+

+---------------+-------------------+-------------+-------------------+
| ***Surface    |                   |             |                   |
| T             |                   |             |                   |
| ranspor­ta­tion |                   |             |                   |
| Program (STP) |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 133)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Construction, | Capital costs of  | Up to 50%   | May be            |
| re            | transit projects  | of the STP  | administered by   |
| construction, | that are eligible | funds may   | FHWA or may be    |
| re            | under Ch. 53 of   | be          | transferred to    |
| habilitation, | 49 U.S.C.,        | transferred | FTA for transit   |
| resurfacing,  | including         | to NHS,     | projects eligible |
| restoration,  | vehicles and      | CMAQ, HSIP, | for STP funds     |
| and           | facilities,       | IM, RTP,    | under 23 U.S.C.   |
| operational   | publicly or       | and/or      | 133(b).           |
| improvements  | privately owned,  | HBRRP,      |                   |
| for highways  | that are used to  | except that |                   |
| and bridges   | provide intercity | funds       |                   |
| including     | bus service;      | s           |                   |
| construction  | carpool projects  | uballocated |                   |
| or            | and fringe &      | under 23    |                   |
| r             | corridor parking  | U.S.C.      |                   |
| econstruction | facilities;       | 133(d)(3)   |                   |
| necessary to  | transit safety    | for use in  |                   |
| accommodate   | infrastructure    | areas of a  |                   |
| other         | improvements and  | State may   |                   |
| t             | programs; transit | not be      |                   |
| ransportation | research,         | transferred |                   |
| modes.        | development and   | to other 23 |                   |
|               | technology        | U.S.C.      |                   |
|               | transfer; surface | programs.   |                   |
|               | transportation    |             |                   |
|               | planning          |             |                   |
|               | programs; public  |             |                   |
|               | transportation    |             |                   |
|               | management        |             |                   |
|               | systems under 23  |             |                   |
|               | U.S.C. 303.       |             |                   |
+---------------+-------------------+-------------+-------------------+
| ***Surface    |                   |             |                   |
| T             |                   |             |                   |
| ranspor­ta­tion |                   |             |                   |
| Program       |                   |             |                   |
| T             |                   |             |                   |
| ransportation |                   |             |                   |
| Enhancements  |                   |             |                   |
| Set-aside     |                   |             |                   |
| (TE) (23      |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 133(d)(2))*** |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| 12 specific   | Although transit  | Up to 25%   | May be            |
| activities    | is not            | of the      | administered by   |
| included in   | specifically      | increase    | FHWA or may be    |
| the           | mentioned in the  | above the   | transferred to    |
| definition of | list of 12        | FY97        | FTA for TE        |
| T             | eligible TE       | Tra         | projects that     |
| ransportation | activities, some  | ns­por­ta­tion | benefit transit.  |
| Enhancement   | of the eligible   | E           |                   |
| Activities in | TE activities     | nhance­ments |                   |
| 23 U.S.C.     | benefit transit.  | or Safety   |                   |
| 101(a)(35).   |                   | amount may  |                   |
|               |                   | be          |                   |
|               |                   | trans­ferred |                   |
|               |                   | to NHS,     |                   |
|               |                   | CMAQ, IM,   |                   |
|               |                   | HSIP, RTP,  |                   |
|               |                   | and/or      |                   |
|               |                   | HBRRP.      |                   |
+---------------+-------------------+-------------+-------------------+
| ***Highway    |                   |             |                   |
| Bridge        |                   |             |                   |
| Replacement   |                   |             |                   |
| and           |                   |             |                   |
| R             |                   |             |                   |
| ehabilitation |                   |             |                   |
| (HBRRP) (23   |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 144)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Replace and   | No direct transit | Up to 50%   | Must first be     |
| rehabili­tate  | uses.             | of funds    | transferred to    |
| deficient     |                   | may be      | another 23 U.S.C. |
| highway       |                   | transferred | program that has  |
| bridges and   |                   | to NHS,     | transit           |
| to            |                   | CMAQ, STP,  | eligibility       |
| seis­mically   |                   | IM, HSIP,   | before the funds  |
| retrofit      |                   | and/or RTP. | may be            |
| bridges       |                   |             | transferred to    |
| located on    |                   | Transfer of | FTA.              |
| any public    |                   | any HBRRP   |                   |
| road.         |                   | funds after |                   |
|               |                   | September   |                   |
|               |                   | 30, 1997,   |                   |
|               |                   | will result |                   |
|               |                   | in          |                   |
|               |                   | deduction   |                   |
|               |                   | of the      |                   |
|               |                   | amount of   |                   |
|               |                   | the         |                   |
|               |                   | transfer    |                   |
|               |                   | from the    |                   |
|               |                   | total cost  |                   |
|               |                   | of          |                   |
|               |                   | deficient   |                   |
|               |                   | bridges in  |                   |
|               |                   | the State   |                   |
|               |                   | and all     |                   |
|               |                   | States in   |                   |
|               |                   | the         |                   |
|               |                   | succeeding  |                   |
|               |                   | fiscal      |                   |
|               |                   | year.       |                   |
|               |                   |             |                   |
|               |                   | Funds       |                   |
|               |                   | provided    |                   |
|               |                   | for         |                   |
|               |                   | Off-System  |                   |
|               |                   | bridges may |                   |
|               |                   | not be      |                   |
|               |                   | transferred |                   |
|               |                   | to other 23 |                   |
|               |                   | U.S.C.      |                   |
|               |                   | programs    |                   |
|               |                   | without a   |                   |
|               |                   | needs       |                   |
|               |                   | de          |                   |
|               |                   | termination |                   |
|               |                   | (23 U.S.C.  |                   |
|               |                   | 144(g)(3)). |                   |
+---------------+-------------------+-------------+-------------------+

+---------------+-------------------+-------------+-------------------+
| **            |                   |             |                   |
| *Construction |                   |             |                   |
| of Ferry      |                   |             |                   |
| Boats & Ferry |                   |             |                   |
| Terminal      |                   |             |                   |
| Facilities    |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 147)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Construction  | Passenger ferry   | None        | May be            |
| of ferry      | boats & terminal  |             | administered by   |
| boats and     | facilities.       |             | FHWA or may be    |
| ferry         |                   |             | transferred to    |
| terminal      |                   |             | FTA for transit   |
| facilities in |                   |             | projects eligible |
| accordance    |                   |             | under 23 U.S.C.   |
| with section  |                   |             | 147.              |
| 129(c).       |                   |             |                   |
| Priority in   |                   |             |                   |
| the           |                   |             |                   |
| allocation of |                   |             |                   |
| funds is to   |                   |             |                   |
| be given to   |                   |             |                   |
| those ferry   |                   |             |                   |
| systems, and  |                   |             |                   |
| public        |                   |             |                   |
| entities      |                   |             |                   |
| responsible   |                   |             |                   |
| for           |                   |             |                   |
| developing    |                   |             |                   |
| ferries,      |                   |             |                   |
| that---(1)    |                   |             |                   |
| provide       |                   |             |                   |
| critical      |                   |             |                   |
| access to     |                   |             |                   |
| areas that    |                   |             |                   |
| are not       |                   |             |                   |
| well-served   |                   |             |                   |
| by other      |                   |             |                   |
| modes of      |                   |             |                   |
| surface       |                   |             |                   |
| tr            |                   |             |                   |
| ansportation; |                   |             |                   |
| (2) carry the |                   |             |                   |
| greatest      |                   |             |                   |
| number of     |                   |             |                   |
| passengers    |                   |             |                   |
| and vehicles; |                   |             |                   |
| or (3) carry  |                   |             |                   |
| the greatest  |                   |             |                   |
| number of     |                   |             |                   |
| passengers in |                   |             |                   |
| passenger     |                   |             |                   |
| only service. |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| ***Highway    |                   |             |                   |
| Safety        |                   |             |                   |
| Improvement   |                   |             |                   |
| Program       |                   |             |                   |
| (HSIP) (23    |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 148)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| To achieve a  | No direct transit | Up to 50%   | Must first be     |
| significant   | uses.             | of HSIP     | transferred to    |
| reduction in  |                   | funds       | another 23 U.S.C. |
| traffic       |                   | apportioned | program that has  |
| fatalities    |                   | under 23    | transit           |
| and serious   |                   | U.S.C. 104  | eligibility       |
| injuries on   |                   | may be      | before the funds  |
| public roads. |                   | transferred | may be            |
|               |                   | to NHS,     | transferred to    |
|               |                   | CMAQ, STP,  | FTA.              |
|               |                   | IM, RTP,    |                   |
|               |                   | and/or      |                   |
|               |                   | HBRRP; the  |                   |
|               |                   | annual      |                   |
|               |                   | set-aside   |                   |
|               |                   | for 23      |                   |
|               |                   | U.S.C. 130, |                   |
|               |                   | R           |                   |
|               |                   | ail-highway |                   |
|               |                   | crossings,  |                   |
|               |                   | may not be  |                   |
|               |                   | t           |                   |
|               |                   | ransferred. |                   |
+---------------+-------------------+-------------+-------------------+
| ***Congestion |                   |             |                   |
| Mitigation    |                   |             |                   |
| and Air       |                   |             |                   |
| Quality       |                   |             |                   |
| Im­prov­ement   |                   |             |                   |
| Pro­gram       |                   |             |                   |
| (CMAQ) (23    |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 149)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Projects in   | Transit capital   | An amount   | May be            |
| non­attainment | projects and      | not to      | administered by   |
| and           | operating         | exceed 50   | FHWA or may be    |
| main­tenance   | expenses for new  | percent of  | transferred to    |
| areas that    | services.         | the         | FTA for transit   |
| reduce        | Operating         | difference  | projects eligible |
| t             | assistance is     | between the | for CMAQ funds    |
| ransportation | limited to new or | State's     | under 23 U.S.C.   |
| related       | expanded          | annual      | 149(b).           |
| emissions.    | transpor­ta­tion    | ap          |                   |
|               | services and to 3 | portionment |                   |
|               | years.            | and the     |                   |
|               |                   | amount the  |                   |
|               | Funds may only be | State would |                   |
|               | used in           | have        |                   |
|               | non­attainment and | received if |                   |
|               | main­tenance areas | the CMAQ    |                   |
|               | and projects must | program was |                   |
|               | demonstrate an    | authorized  |                   |
|               | air quality       | at \$1.35   |                   |
|               | benefit.          | billion for |                   |
|               |                   | that year   |                   |
|               | States without    | may be      |                   |
|               | non­attain­ment or  | transferred |                   |
|               | main­tenance areas | to Up to    |                   |
|               | may use their     | 50% of      |                   |
|               | minimum           | funds may   |                   |
|               | apportionment of  | be          |                   |
|               | CMAQ for any      | transferred |                   |
|               | project in the    | to NHS,     |                   |
|               | State eligible    | STP, IM,    |                   |
|               | under either CMAQ | HSIP, RTP,  |                   |
|               | or STP.           | and/or      |                   |
|               |                   | HBRRP.      |                   |
|               |                   | Funds       |                   |
|               |                   | transferred |                   |
|               |                   | to other    |                   |
|               |                   | title 23    |                   |
|               |                   | pro­grams    |                   |
|               |                   | must still  |                   |
|               |                   | be expended |                   |
|               |                   | within the  |                   |
|               |                   | State's     |                   |
|               |                   | no          |                   |
|               |                   | n­attainment |                   |
|               |                   | or          |                   |
|               |                   | maintenance |                   |
|               |                   | areas.      |                   |
+---------------+-------------------+-------------+-------------------+

+---------------+-------------------+-------------+-------------------+
| ***Federal    |                   |             |                   |
| Lands         |                   |             |                   |
| High­ways      |                   |             |                   |
| Program       |                   |             |                   |
| (FLHP) (23    |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 204)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Coordinated   | May be used for   | None.       | May be            |
| program of    | transit           |             | administered by   |
| public roads  | facilities        |             | FHWA or may be    |
| and transit   | within, adjacent, |             | transferred to    |
| facilities    | or providing      |             | FTA for transit   |
| serving       | access to public  |             | projects eligible |
| Federal and   | lands, national   |             | for FLH funds     |
| Indian lands. | parks, national   |             | under 23 U.S.C.   |
| Funding is    | forests, refuge   |             | 204(h).           |
| broken into 4 | roads, and Indian |             |                   |
| discrete      | reservations.     |             |                   |
| sources:      |                   |             |                   |
| Indian        | Refuge roads      |             |                   |
| Reservation   | category funds    |             |                   |
| Roads (IRR);  | may not be used   |             |                   |
| Public Lands  | for new           |             |                   |
| Highway --    | construction and  |             |                   |
| Discretionary | transit.          |             |                   |
| & Forest      |                   |             |                   |
| Highways;     |                   |             |                   |
| Parkways &    |                   |             |                   |
| Park Roads;   |                   |             |                   |
| Refuge Roads  |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| **            |                   |             |                   |
| *Recreational |                   |             |                   |
| Trails        |                   |             |                   |
| Program (RTP) |                   |             |                   |
| (23 U.S.C.    |                   |             |                   |
| 206)***       |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Develop and   | No direct transit | Up to 50%   | Cannot be         |
| maintain      | uses.             | of funds    | transferred to    |
| recreational  |                   | may be      | FTA.              |
| trails and    |                   | transferred |                   |
| trail-related |                   | to NHS,     |                   |
| facilities    |                   | CMAQ, STP,  |                   |
| for both      |                   | IM, HSIP,   |                   |
| nonmotorized  |                   | and/or      |                   |
| and motorized |                   | HBRRP,      |                   |
| recreational  |                   | subject to  |                   |
| trail uses.   |                   | approval of |                   |
|               |                   | the State   |                   |
|               |                   | agency      |                   |
|               |                   | ad          |                   |
|               |                   | ministering |                   |
|               |                   | the RTP.    |                   |
+---------------+-------------------+-------------+-------------------+
| ***Tr         |                   |             |                   |
| ansportation, |                   |             |                   |
| Community,    |                   |             |                   |
| and System    |                   |             |                   |
| Preservation  |                   |             |                   |
| Program       |                   |             |                   |
| (TCSP) (S-LU  |                   |             |                   |
| Sec. 1117,    |                   |             |                   |
| formerly      |                   |             |                   |
| TEA-21 Sec.   |                   |             |                   |
| 1221)***      |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| Provides      | Transit projects  | None.       | Given the         |
| funding for a | that meet the     |             | specific          |
| comprehensive | purpose of the    |             | prohibition on    |
| program to    | TCSP that are:    |             | transfer within   |
| facilitate    |                   |             | section 1117(g)   |
| the planning, | 1.  Eligible      |             | the "reach and    |
| development,  |     under Title   |             | intent" of the no |
| and           |     49 U.S.C.,    |             | transfer language |
| i             |     Ch. 53.       |             | within 1117(g)    |
| mplementation |                   |             | versus the        |
| of strategies | 2.  Transit       |             | authority to      |
| to integrate  |     activities    |             | transfer in       |
| tr            |     relating to   |             | general under 23  |
| ansportation, |     TCSP that the |             | U.S.C. 104(k)     |
| community,    |     Secretary     |             | needs to be       |
| and system    |     determines to |             | examined within   |
| preservation  |     be            |             | HCC               |
| plans and     |     appropriate,  |             |                   |
| practices     |     including     |             |                   |
| that:         |     corridor      |             |                   |
|               |     preservation  |             |                   |
| 1.  Improve   |     activities    |             |                   |
|     the       |     that are      |             |                   |
|               |     necessary to  |             |                   |
|    efficiency |     implement:    |             |                   |
|     of the    |                   |             |                   |
|     t         |     a.            |             |                   |
| ransportation |  Transit-oriented |             |                   |
|     system of |                   |             |                   |
|     the       |       development |             |                   |
|     United    |         plans,    |             |                   |
|     States.   |                   |             |                   |
|               |     b.  Traffic   |             |                   |
| 2.  Reduce    |         calming   |             |                   |
|     the       |         measures, |             |                   |
|     impacts   |         or        |             |                   |
|     of        |                   |             |                   |
|     t         |     c.  Other     |             |                   |
| ransportation |                   |             |                   |
|     on the    |       coordinated |             |                   |
|               |         TCSP      |             |                   |
|  environment. |                   |             |                   |
|               |        practices. |             |                   |
| 3.  Reduce    |                   |             |                   |
|     the need  |                   |             |                   |
|     for       |                   |             |                   |
|     costly    |                   |             |                   |
|     future    |                   |             |                   |
|               |                   |             |                   |
|   investments |                   |             |                   |
|     in public |                   |             |                   |
|     in        |                   |             |                   |
| frastructure. |                   |             |                   |
|               |                   |             |                   |
| 4.  Provide   |                   |             |                   |
|     efficient |                   |             |                   |
|     access to |                   |             |                   |
|     jobs,     |                   |             |                   |
|     services, |                   |             |                   |
|     and       |                   |             |                   |
|     centers   |                   |             |                   |
|     of trade. |                   |             |                   |
|               |                   |             |                   |
| 5.  Examine   |                   |             |                   |
|     community |                   |             |                   |
|               |                   |             |                   |
|   development |                   |             |                   |
|     patterns  |                   |             |                   |
|     and       |                   |             |                   |
|     identify  |                   |             |                   |
|               |                   |             |                   |
|    strategies |                   |             |                   |
|     to        |                   |             |                   |
|     encourage |                   |             |                   |
|     private   |                   |             |                   |
|     sector    |                   |             |                   |
|               |                   |             |                   |
|   development |                   |             |                   |
+---------------+-------------------+-------------+-------------------+

  ----------------- -------------------- -------------- -------------------
  ***Coordinated                                        
  Border                                                
  Infrastructure                                        
  Program (CBIP)                                        
  (S-LU Section                                         
  1303)***                                              

  To improve the    Improvements to      None.          Cannot be
  safe movement of  existing                            transferred to FTA.
  motor vehicles at transpor­ta­tion and                  
  or across the     supporting                          
  border between    infra­structure that                 
  the United States facilitate                          
  and Canada and    cross-border vehicle                
  the border        movements (for                      
  between the       high­way or transit                  
  United States and projects).                          
  Mexico.                                               

  ***Nonmotorized                                       
  Transportation                                        
  Pilot Program                                         
  (S-LU Sec.                                            
  1807)***                                              

  To demonstrate    Sidewalks, bicycle   None.          Cannot be
  the extent to     lanes, and                          transferred to FTA.
  which bicycling   pedestrian and                      
  and walking can   bicycle paths that                  
  carry a           connect directly to                 
  significant part  transit stations.                   
  of the                                                
  transportation                                        
  load, and                                             
  represent a major                                     
  portion of the                                        
  transportation                                        
  solution, within                                      
  4 identified                                          
  communities.                                          
  ----------------- -------------------- -------------- -------------------

+---------------+-------------------+-------------+-------------------+
| #             |                   |             |                   |
| Federal Trans |                   |             |                   |
| it Administra |                   |             |                   |
| tion Programs |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| **Primary     | **Eligible        | **Transfer  | **Interagency     |
| Purpose**     | Highway           | Among Title | Trans­fer          |
|               | Categories**      | 49          | Considerations**  |
|               |                   | Programs**  |                   |
+---------------+-------------------+-------------+-------------------+
| **            |                   |             |                   |
| *Metropolitan |                   |             |                   |
| Planning      |                   |             |                   |
| Program (MPP) |                   |             |                   |
| (49 U.S.C.    |                   |             |                   |
| 5305(d))***   |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| To carry out  | 23 U.S.C. 134     | None.       | May be            |
| the           | metropolitan      |             | transferred to    |
| metropolitan  | transportation    |             | FHWA at the       |
| t             | planning process  |             | request of the    |
| ransportation |                   |             | State DOT to be   |
| planning      |                   |             | combined with 23  |
| process under |                   |             | U.S.C. 104(f)     |
| 49 U.S.C.     |                   |             | metropolitan      |
| 5303.         |                   |             | planning funds as |
|               |                   |             | a consolidated    |
|               |                   |             | planning grant;   |
|               |                   |             | FHWA matching     |
|               |                   |             | ratio may be used |
|               |                   |             | for MPP funds in  |
|               |                   |             | a consolidated    |
|               |                   |             | planning grant    |
|               |                   |             | (CPG).            |
+---------------+-------------------+-------------+-------------------+
| ***Statewide  |                   |             |                   |
| Planning &    |                   |             |                   |
| Research      |                   |             |                   |
| (SPR) (49     |                   |             |                   |
| U.S.C.        |                   |             |                   |
| 5305(e)***    |                   |             |                   |
+---------------+-------------------+-------------+-------------------+
| To carry out  | 23 U.S.C. 135     | None.       | SPR funds for     |
| the           | statewide         |             | state planning    |
| provisions of | transportation    |             | may be            |
| 49 U.S.C.     | planning process. |             | transferred to    |
| sections      |                   |             | FHWA at the       |
| 5304, 5306,   |                   |             | request of the    |
| 5315, and     |                   |             | State DOT to be   |
| 5322.         |                   |             | combined with 23  |
|               |                   |             | U.S.C. 505        |
|               |                   |             | statewide         |
|               |                   |             | planning funds as |
|               |                   |             | a consolidated    |
|               |                   |             | planning grant    |
|               |                   |             | FHWA matching     |
|               |                   |             | ratio may be used |
|               |                   |             | for SPR funds in  |
|               |                   |             | a consolidated    |
|               |                   |             | planning grant    |
|               |                   |             | (CPG)..           |
+---------------+-------------------+-------------+-------------------+
| ***Urbanized  | In a              | Funds       | FTA funds must be |
| Area Formula  | Transportation    | apportioned | transferred to    |
| Grants        | Management Area,  | to the      | FHWA if they are  |
| (Section      | the MPO may elect | Governor    | to be used for    |
| 5307)***      | to transfer       | under       | highway purposes. |
|               | portions of its   | Section     |                   |
| Transit       | FTA Section 5307  | 5307 may be | Only funds in     |
| capital and   | (Urbanized Area   | transferred | designated TMAs   |
| planning      | Formula Grants)   | to the      | (urbanized areas  |
| assistance to | funds that cannot | N           | with population   |
| urbanized     | be used for       | onurbanized | 200,000 and       |
| areas with    | operating         | Formula     | greater) that     |
| populations   | assistance to     | Program     | cannot be used    |
| over 50,000   | FHWA for highway  | (Section    | for operating     |
| and operating | projects subject  | 5311).      | assistance may be |
| assistance to | to the            |             | made available    |
| areas with    | requirements of   |             | for highway       |
| popula­tions   | 49 U.S.C.         |             | projects.         |
| of 50,000 -   | 5307(b)(2).       |             |                   |
| 200,000.      |                   |             |                   |
+---------------+-------------------+-------------+-------------------+

######### 

######### **Attachment 3**

######### **FHWA and FTA Funds That May be Used for Bicycle and Pedestrian Activities**

+---------------------------+------------------------------------------+
| # Federal Highwa          |                                          |
| y Administration Programs |                                          |
+---------------------------+------------------------------------------+
| **Program/Primary         | **Eligible Pedestrian and Bicycle        |
| Purpose**                 | Activities**                             |
+---------------------------+------------------------------------------+
| ***Metropolitan Planning  |                                          |
| (23 USC 104(f))***        |                                          |
+---------------------------+------------------------------------------+
| Transportation planning   | Bicycle and pedestrian planning as part  |
| in urbanized areas in     | of the metropolitan planning process.    |
| accordance with 23 USC    |                                          |
| 134 and 49 USC 5303.      |                                          |
+---------------------------+------------------------------------------+
| ***Statewide Planning (23 |                                          |
| USC 505)***               |                                          |
+---------------------------+------------------------------------------+
| Statewide transportation  | Bicycle and pedestrian planning as part  |
| planning in accordance    | of the statewide planning process.       |
| with 23 USC 135 and 49    |                                          |
| USC 5304.                 |                                          |
+---------------------------+------------------------------------------+
| ***National Highway       |                                          |
| System (NHS) (23 USC      |                                          |
| 103)***                   |                                          |
+---------------------------+------------------------------------------+
| Improvements to rural and | Construction of pedes­trian walkways and  |
| urban roads that are part | bicycle transporta­tion facilities on     |
| of the NHS or that are    | land adja­cent to any high­way on the NHS. |
| NHS Intermodal            |                                          |
| connectors.               |                                          |
+---------------------------+------------------------------------------+
| ***Surface Transpor­ta­tion |                                          |
| Program (STP) (23 USC     |                                          |
| 133)***                   |                                          |
+---------------------------+------------------------------------------+
| Construction,             | Construction of pedestrian walkways and  |
| reconstruction,           | bicycle transporta­tion facilities;       |
| rehabilitation,           | noncon­struc­tion projects for safe        |
| resurfacing, restoration, | bicycle use; modi­fy public side­walks to  |
| and operational           | comply with the Ameri­cans with           |
| improvements for highways | Disa­bili­ties Act. Pro­jects do not have   |
| and bridges including     | to be within the right-of-way of a       |
| construction or           | Federal-aid highway.                     |
| reconstruction necessary  |                                          |
| to accommodate other      |                                          |
| transportation modes.     |                                          |
+---------------------------+------------------------------------------+
| ***Surface Transpor­ta­tion |                                          |
| Program Transportation    |                                          |
| Enhancements Set-aside    |                                          |
| (TE) (23 USC              |                                          |
| 133(d)(2))***             |                                          |
+---------------------------+------------------------------------------+
| 12 specific activities    | 3 of the 12 eligible categories are      |
| included in the           | pedes­trian and bicycle facili­ties,       |
| definition of             | safety and educa­tion for pedes­trians and |
| Transportation            | bicy­clists, and rail-trails.             |
| Enhancement Activities in |                                          |
| 23 USC 101(a)(35).        |                                          |
+---------------------------+------------------------------------------+
| ***Interstate Maintenance |                                          |
| (IM) (23 USC 119)***      |                                          |
+---------------------------+------------------------------------------+
| Resurfacing, restoring,   | No specific eligibility, but funds may   |
| rehabilitating, and       | be used to resurface, restore,           |
| reconstructing most       | rehabilitate, and recon­struct pedestrian |
| routes on the Interstate  | and bicycle facilities over, under, or   |
| system.                   | along Interstate routes.                 |
+---------------------------+------------------------------------------+
| ***Highway Bridge         |                                          |
| Replacement and           |                                          |
| Rehabilitation (HBRRP)    |                                          |
| (23 USC 144)***           |                                          |
+---------------------------+------------------------------------------+
| Replace and rehabili­tate  | Pedestrian walkways and bicycle          |
| deficient highway bridges | transporta­tion facilities on high­way     |
| and to seis­mically        | bridges. If a highway bridge deck is     |
| retrofit bridges located  | replaced or re­ha­bilitated, and bicycles  |
| on any public road.       | are permitted at each end, then the      |
|                           | bridge project must include safe bicycle |
|                           | accom­mo­da­tions (within reason­able cost). |
|                           | (23 USC 217(e))                          |
+---------------------------+------------------------------------------+
| ***Highway Safety         |                                          |
| Improvement Program       |                                          |
| (HSIP) (23 USC 148)***    |                                          |
+---------------------------+------------------------------------------+
| To achieve a significant  | Improvements for pedestrian or bicyclist |
| reduction in traffic      | safety. Construction and yellow-green    |
| fatalities and serious    | signs at pedestrian-bicycle crossings    |
| injuries on public roads. | and in school zones. Identification of   |
|                           | and correction of hazardous locations,   |
|                           | sections, and elements (including        |
|                           | roadside obstacles, railway-highway      |
|                           | crossing needs, and unmarked or poorly   |
|                           | marked roads) that constitute a danger   |
|                           | to bicyclists and pedestrians. Highway   |
|                           | safety improvement projects on publicly  |
|                           | owned bicycle or pedestrian pathways or  |
|                           | trails.                                  |
+---------------------------+------------------------------------------+

+---------------------------+------------------------------------------+
| ***Congestion Mitigation  |                                          |
| and Air Quality           |                                          |
| Im­prov­ement Pro­gram       |                                          |
| (CMAQ) (23 USC 149)***    |                                          |
+---------------------------+------------------------------------------+
| Funds projects in         | Construction of pedestrian walkways and  |
| non­attainment and         | bicycle transporta­tion facilities;       |
| main­tenance areas that    | noncon­struc­tion projects for safe        |
| reduce transportation     | bicycle use. Projects do not have to be  |
| related emissions.        | within the right-of-way of a Federal-aid |
|                           | highway, but must demonstrate an air     |
|                           | quality benefit.                         |
+---------------------------+------------------------------------------+
| ***Federal Lands High­ways |                                          |
| Program (FLHP) (23 USC    |                                          |
| 204)***                   |                                          |
+---------------------------+------------------------------------------+
| Coordinated program of    | Construction of pedes­trian walkways and  |
| public roads and transit  | bicycle transportation facilities.       |
| facilities serving        |                                          |
| Federal and Indian lands. |                                          |
| Funding is broken into 4  |                                          |
| discrete sources:         |                                          |
|                           |                                          |
| -   Indian Reservation    |                                          |
|     Roads (IRR)           |                                          |
|                           |                                          |
| -   Public Lands Highway  |                                          |
|     -- Discretionary &    |                                          |
|     Forest Highways       |                                          |
|                           |                                          |
| -   Parkways & Park Roads |                                          |
|                           |                                          |
| -   ***Refuge Roads***    |                                          |
+---------------------------+------------------------------------------+
| ***Recreational Trails    |                                          |
| Program (23 USC 206)***   |                                          |
+---------------------------+------------------------------------------+
| Develop and maintain      | Nonmotorized or mixed use (motorized and |
| recreational trails and   | nonmotorized) trails. Eligible           |
| trail-related facilities  | categories are trail maintenance and     |
| for both nonmotorized and | rehabilitation, trailside or trailhead   |
| motorized recreational    | facilities, construction and maintenance |
| trail uses.               | equipment, trail construction, trail     |
|                           | assessments, and trail safety and        |
|                           | environmental protection education.      |
+---------------------------+------------------------------------------+
| ***Transportation,        |                                          |
| Community, and System     |                                          |
| Preservation Program      |                                          |
| (TCSP) (S-LU Sec. 1117,   |                                          |
| formerly TEA-21 Sec.      |                                          |
| 1221)***                  |                                          |
+---------------------------+------------------------------------------+
| Provides funding for a    | Pedestrian and bicycle projects meet     |
| comprehensive program     | several TCSP goals, are generally        |
| including planning        | eligible for the TCSP program and are    |
| grants, implementation    | included in many TCSP projects.          |
| grants, and research to   |                                          |
| investigate and address   |                                          |
| the relationships among   |                                          |
| transportation and        |                                          |
| community and system      |                                          |
| preservation plans and    |                                          |
| practices and examine     |                                          |
| private sector based      |                                          |
| initiatives               |                                          |
+---------------------------+------------------------------------------+
| ***Coordinated Border     |                                          |
| Infrastructure Program    |                                          |
| (S-LU Section 1303)***    |                                          |
+---------------------------+------------------------------------------+
| To improve the safe       | Eligible as part of an overall project.  |
| movement of motor         |                                          |
| vehicles at or across the |                                          |
| border between the United |                                          |
| States and Canada and the |                                          |
| border between the United |                                          |
| States and Mexico.        |                                          |
+---------------------------+------------------------------------------+
| ### Safe Routes to Schoo  |                                          |
| l (SRTS) (S-LU Sec. 1404) |                                          |
+---------------------------+------------------------------------------+
| \(1\) To enable and       | ### Elig                                 |
| encourage children,       | ible Infrastructure Projects are plannin |
| including those with      | g, design, and construction of infrastru |
| disabilities, to walk and | cture-related projects that will substan |
| bicycle to school;        | tially improve the ability of students t |
|                           | o walk and bicycle to school, including  |
| \(2\) To make bicycling   |                                          |
| and walking to school a   | -   sidewalk improvements,               |
| safer and more appealing  |                                          |
| transportation            | -   traffic calming and speed reduction  |
| alternative, thereby      |     improvements,                        |
| encouraging a healthy and |                                          |
| active lifestyle from an  | -   pedestrian and bicycle crossing      |
| early age; and            |     improvements,                        |
|                           |                                          |
| \(3\) to facilitate the   | -   on-street bicycle facilities,        |
| planning, development,    |                                          |
| and implementation of     | -   off-street bicycle and pedestrian    |
| projects and activities   |     facilities,                          |
| that will improve safety  |                                          |
| and reduce traffic, fuel  | -   secure bicycle parking facilities,   |
| consumption, and air      |     and                                  |
| pollution in the vicinity |                                          |
| of schools                | -   traffic diversion improvements in    |
|                           |     the vicinity of schools.             |
|                           |                                          |
|                           | ### Eligible Nonin                       |
|                           | frastructure activities to encourage wal |
|                           | king and bicycling to school, including  |
|                           |                                          |
|                           | -   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                     |
|                           |                                          |
|                           | -   funding for training, volunteers,    |
|                           |     and managers of safe routes to       |
|                           |     school programs                      |
+---------------------------+------------------------------------------+

+---------------------------+------------------------------------------+
| ***Nonmotorized           |                                          |
| Transportation Pilot      |                                          |
| Program (NTPP) (S-LU Sec. |                                          |
| 1807)***                  |                                          |
+---------------------------+------------------------------------------+
| To demonstrate the extent | Construction of nonmotorized             |
| to which bicycling and    | transportation infrastructure            |
| walking can carry a       | facilities, including sidewalks, bicycle |
| significant part of the   | lanes, and pedestrian and bicycle        |
| transportation load, and  | trails, that connect directly with       |
| represent a major portion | transit stations, schools, residences,   |
| of the transportation     | businesses, recreation areas, and other  |
| solution, within 4        | community activity centers.              |
| identified communities    |                                          |
| (Marin County, CA;        | Educational programs; promotion; network |
| Sheboygan County, WI;     | and project planning; data collection,   |
| Columbia, MO; and         | analysis, evaluation, and reporting of   |
| Minneapolis-St Paul, MN). | results                                  |
+---------------------------+------------------------------------------+

# 

+---------------------------+------------------------------------------+
| # Federal Transi          |                                          |
| t Administration Programs |                                          |
+---------------------------+------------------------------------------+
| **Program/Primary         | **Eligible Pedestrian and Bicycle        |
| Purpose**                 | Activities**                             |
+---------------------------+------------------------------------------+
| ***Metropolitan Planning  |                                          |
| Program (MPP) (49 USC     |                                          |
| 5305(d))***               |                                          |
+---------------------------+------------------------------------------+
| To carry out the          | Bicycle and pedestrian planning as part  |
| metropolitan              | of the metropolitan planning process.    |
| transportation planning   |                                          |
| process under 49 USC      |                                          |
| 5303.                     |                                          |
+---------------------------+------------------------------------------+
| ***Statewide Planning &   |                                          |
| Research (SPR) (49 USC    |                                          |
| 5305(e)***                |                                          |
+---------------------------+------------------------------------------+
| To carry out the          | Bicycle and pedestrian planning as part  |
| provisions of 49 USC      | of the statewide planning process.       |
| sections 5304, 5306,      |                                          |
| 5315, and 5322.           |                                          |
+---------------------------+------------------------------------------+
| ***Urbanized Area Formula |                                          |
| Grants (49 USC 5307)***   |                                          |
+---------------------------+------------------------------------------+
| Transit capital and       | Improve bicycle and pedestrian access to |
| planning assistance to    | transit facilities and vehicles,         |
| urbanized areas with      | including bike stations.                 |
| populations over 50,000   |                                          |
| and operating assistance  |                                          |
| to areas with popula­tions |                                          |
| of 50,000 - 200,000.      |                                          |
+---------------------------+------------------------------------------+
| ***Urbanized Area Formula |                                          |
| Grants Transportation     |                                          |
| Enhancements Set-aside    |                                          |
| (49 USC 5307(k))***       |                                          |
+---------------------------+------------------------------------------+
| 1% setaside of section    | Pedestrian and bicycle access, bicycle   |
| 5307 funds for areas with | storage facilities, and installing       |
| population over 200,000   | equipment to transport bicycles on mass  |
| population for 9 specific | transportation vehicles.                 |
| activities included in    |                                          |
| the definition of Transit |                                          |
| Enhancement Activities in |                                          |
| 49 USC 5302(a)(15).       |                                          |
+---------------------------+------------------------------------------+
| ***Alternative            |                                          |
| Transportation in Parks   |                                          |
| and Public Lands (49 USC  |                                          |
| 5320)***                  |                                          |
+---------------------------+------------------------------------------+
| To enhance the protection | Definition of "Alternative               |
| of national parks and     | Transportation" includes "a nonmotorized |
| public lands and increase | transportation system (including the     |
| the enjoyment of those    | provision of facilities for pedestrians, |
| visiting the parks and    | bicycles, and nonmotorized watercraft)". |
| public lands.             |                                          |
+---------------------------+------------------------------------------+

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