NOTEWORTHY PRACTICE

January 2024

Page | 1 January 2024 | FHWA-SA-24-006

TAP-ing into HSIP

Leveraging a flexible Federal share provision for certain highway safety projects. 

Except for the statutes and regulations cited, the contents of this document do not have the force and effect of law and 

are not meant to bind the States or the public in any way. This document is intended only to provide information 

regarding existing requirements under the law or agency policies.

Background

Section 11109(b) of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Pub. 

L. No. 117-58), amended 23 U.S.C. 133(h)(7)(B) to allow Highway Safety Improvement Program (HSIP) funds to be 

credited toward the non-Federal share of certain Transportation Alternatives Set-Aside Program (TA Program) projects 

(subject to other conditions explained below). This provision, referred to throughout this document as the flexible 

Federal share provision, is an important opportunity for State Departments of Transportation (State DOTs) to leverage 

safety-related funding to support smaller-scale projects and vulnerable road users (VRUs). 

State DOTs, including Ohio DOT, are beginning to explore this new flexibility, bringing to light a better understanding of 

the opportunities and challenges associated with it. This noteworthy practice provides an overview of the flexible 

Federal share provision and describes Ohio DOT’s experience using it, with the goal of helping other State DOTs take 

advantage of this opportunity.

What is the Highway Safety Improvement Program? 

HSIP is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious 

injuries on all public roads, including non-State-owned roads and roads on Tribal land (23 U.S.C. 148(b)(2)). HSIP requires 

a data-driven, strategic approach to improving safety on all public roads with a focus on performance. HSIP is legislated 

under 23 U.S.C. 148, with implementing regulations at 23 CFR Part 924.

Read more about HSIP and the BIL guidance for HSIP eligibility. 

What is the Transportation Alternatives Set-Aside Program? 

The TA Program uses a funding set-aside from the Surface Transportation Block Grant (STBG) Program (23 U.S.C. 

133(h)(1)). The TA Program provides funding for a variety of generally smaller-scale transportation projects, such as 

pedestrian and bicycle facilities; construction of turnouts, overlooks, and viewing areas; community improvements such 

as historic preservation and vegetation management; environmental mitigation related to stormwater and habitat 

connectivity; recreational trails; safe routes to school projects; and VRU safety assessments (23 U.S.C. 133(h)(3)). The TA 

Program is codified at 23 U.S.C. 133(h).

Read more about TA and the BIL Guidance for TA.
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How Does the New Provision Work? 

Pursuant to 23 U.S.C. 120, the maximum Federal share for most TA Program projects is generally 80 percent, requiring a 

20 percent State or local match, subject to a sliding scale adjustment that provides a higher Federal share in States with 

large amounts of Federal and nontaxable Indian lands. Providing the non-Federal share can be challenging for some local 

agencies. BIL makes TA Program funding more accessible to State and local agencies by allowing HSIP funds to be used 

as a credit toward the required match, subject to three provisions:

1. The State maintains its required aggregate non-Federal share (23 U.S.C. 133(h)(7)(A)), meaning that the average 

annual Federal share of all TA Program projects does not exceed the Federal share that would otherwise apply.

2. The project is eligible under both the TA Program and HSIP (as defined in 23 U.S.C. 148(e)(1)) and is consistent with 

the State’s Strategic Highway Safety Plan (SHSP) (23 U.S.C. 133(h)(7)(B)). 

3. The State has adequate financial controls to account for the average annual non-Federal share (23 U.S.C. 

133(h)(7)(C)). 

Using this flexible Federal share provision, States can work with local governments to combine HSIP and TA Program 

funds to cover 100 percent of the cost of projects, including those that address bicycle and pedestrian safety on public 

roads or publicly owned bicycle or pedestrian pathways or trails. Note that due to requirement 1. listed above, the use 

of additional Federal funds for one TA Program project will require additional non-Federal share for one or more other 

projects to maintain the aggregate non-Federal share.

Overview of Ohio DOT’s Experience

Ohio DOT has focused on pedestrians and bicyclists for many years. Over the last several years, pedestrian and bicyclist 

fatalities have increased drastically, leading to more focused investment in safety improvements for those roadway 

users. In 2022, Ohio DOT’s safety program operationalized this focus through the HSIP Systemic Safety Funding 

Application Process, which prioritizes the deployment of proven safety countermeasures that prevent pedestrian and 

roadway departure crashes. Ohio DOT prioritized pedestrian safety projects on arterials and major collectors with high 

active transportation demand and a speed limit lower than 45 miles per hour. 

Ohio DOT paid close attention during the development of BIL, looking for opportunities to better leverage Federal funds 

to improve transportation infrastructure in the State. Staff identified the amendment to 23 U.S.C. 133(h)(7)(B) as a 

potential opportunity to improve safety, particularly for VRUs. Ohio DOT staff responsible for administering HSIP were 

already engaged in TA Program project reviews and were able to quickly identify proposed TA Program projects with a 

safety component that would qualify for HSIP funding. Ohio DOT has identified increasing connectivity for people 

walking and bicycling as a key safety activity, especially at locations with high active transportation demand, as identified

in the pedestrian systemic analysis. As a result, Ohio DOT viewed eliminating sidewalk gaps and building multiuse paths 

as key priorities for using HSIP funds in connection to TA Program funds under this provision.

Walkways are among FHWA’s Proven Safety Countermeasures. FHWA’s Bikeway Selection Guide supports 

design flexibility to assist transportation agencies in the development of connected, safe, and comfortable 

bicycle networks that meet the needs of people of all ages and abilities. FHWA’s Primer on Safe System 

Approach for Pedestrians and Bicyclists provides transportation agencies a baseline understanding of the Safe 

System Approach and how it relates to bicycle and pedestrian safety, encouraging safe facilities for pedestrians 

and bicyclists. These types of walkway and bikeway projects may be eligible for both HSIP and TA funds.

Ohio DOT funds many TA Program projects with 80 percent Federal funds and 15 percent Toll Revenue Credits to reduce 

the required local match to 5 percent for communities requesting projects. Leveraging this flexible Federal share 
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provision to use HSIP funds as a credit toward the match helps increase the number of projects that can be funded using 

TA Program funds. 

In the 2022-2023 funding year, Ohio DOT awarded $19,562,141 to statewide TA Program Projects. Approximately 

$3,500,000 in HSIP funding was provided as a credit toward the TA Program match, in addition to the continued use of 

Toll Revenue Credits and other local match. An additional $1,332,881 in HSIP funding was leveraged to add proven 

safety countermeasures, including crosswalk enhancements, bumpouts and pedestrian refuges, pedestrian crossing 

beacons, and pavement markings, to TA Program projects. These additional resources were identified because of the 

close collaboration between the HSIP and TA Program staff at Ohio DOT.

To date, Ohio DOT has used this flexible Federal share provision for statewide projects and has not extended it to TA 

Program funds managed by the Metropolitan Planning Organizations (MPOs) in the State. Staff are aware that there is 

an opportunity to expand use of this provision but are also aware that MPOs may have a harder time programming the 

funds, so they are waiting until they have more experience with the programming to expand its use.

Project Example 

The TA Program generally funds small projects in less resourced communities that might not be able to provide match or 

be familiar with the HSIP application process, so creatively combining funds from different Federal and State programs 

has allowed Ohio DOT to fund more comprehensive projects. By supporting TA Program projects in these areas, this 

provision has also helped Ohio DOT address its equity goals.

For example, the small Village of Edgerton (population 1,881 in 2020) in the northwest corner of Ohio requested support 

from Ohio DOT to increase connectivity and safety. The village layout is typical for Ohio – a standard grid of streets 

dissected by a State route, with a school and most employers on the outskirts of the village. Ohio DOT funded a study 

that identified a mix of HSIP funding for pedestrian safety improvements, Safe Routes to School funding for connectivity 

improvements near the school, TA Program funds for active transportation facilities and improvements, and crosswalks 

and sidewalk enhancements to be funded by the village and school. Rather than completing minor sidewalk 

improvements using TA funds, Ohio DOT is making it possible to implement systemic safety improvements that will 

increase safety and accessibility for VRUs throughout the small community.

Lessons Learned

Ohio DOT was well-situated to use this flexible Federal share provision quickly because of several existing factors, 

including an internal commitment to safety, particularly for VRUs; strong working relationships across offices within the 

State DOT; and existing data analysis to help prioritize projects. As they move toward project implementation using this 

provision, Ohio DOT staff are aware that they will need to monitor existing financial systems and projects diligently to 

maintain the aggregate match requirement (23 U.S.C. 133(h)(7)(A)) in order to use this flexible Federal share provision.

Internal Commitment to Safety and Vulnerable Road Users 

Ohio DOT has been actively building a culture of safety for several years, with a focus on creating safe connections for 

people walking and biking throughout the State. Ohio’s 2020 SHSP identifies bicyclists and pedestrians as emphasis 

areas and the State DOT is subject to the VRU Safety Special Rule (23 U.S.C. 148(g)(3)) in Fiscal Years 2023 and 2024, 

requiring that the State spend 15 percent of its HSIP funding on projects that address the safety of VRUs. Ohio DOT’s 

VRU Assessment will clarify the most important safety issues for VRUs to support further prioritizing projects that 

address their needs. Having this focus throughout the State DOT made it easier to identify projects that create safe 

connections and improve VRU safety and leverage tools like this flexible Federal share provision. 
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Strong Relationships 

Ohio DOT staff point to a culture of active collaboration and partnership within the State DOT as key to their success 

using this flexible Federal share provision. Staff who communicate regularly and understand other programs are better 

equipped to identify opportunities for collaborative funding and implementing systemic solutions. Having a staff 

member for one program, like HSIP, sit on the selection committee for another program, like the TA Program, is 

common practice, so staff are aware of what their colleagues do and how the different programs work. 

Data Analysis 

Ohio DOT has been developing different data tools to prioritize State and Federal investment in transportation projects. 

Ohio DOT’s HSIP Systemic Safety Application Process is based on data-driven criteria. Staff from Ohio DOT highlighted 

two key data-driven tools that they use to identify high-risk locations and prioritize projects that improve safety and 

justify the use of HSIP funds to support TA Program projects.

• Ohio DOT’s VRU Safety Assessment identified that that 2/3 of VRU fatalities occur on 8 percent of the State’s 

roadways. Using this assessment, Ohio DOT can identify key locations to direct investments in safety projects.

• A recently commissioned machine learning analysis to assess risks for roadway departure and pedestrian-involved 

crashes on the State’s roadways. This modeling allows for a more dynamic understanding of high-risk locations.

These analyses are part of a larger suite of crash analysis tools that Ohio DOT uses for transportation planning. These 

tools help Ohio DOT direct and combine Federal funding to augment projects, including leveraging this flexible Federal 

share provision. 

Flexible Project Programming Tools 

The system Ohio DOT uses to program projects does not currently have a way to show a project matching Federal 

dollars with other Federal dollars (when eligible), so Ohio DOT program staff are working with their finance team to 

create pathways in the system to allow this. Again, the collaborative culture among Ohio DOT staff supports use of the

flexible Federal share provision by supporting sound financial management practices that meet Federal requirements.

Meeting Federal Share Requirements 

As required by 23 U.S.C. 133(h)(7)(A), the TA Program needs to maintain an average annual non-Federal share that is not 

less than the average non-Federal share that would otherwise apply. This may be a challenge for State DOTs that want 

to leverage this provision and may limit the extent to which HSIP funds can be used to fund TA Program projects. 

Understanding the requirement and how funds are distributed across various projects is critical to ensure that the 

aggregate non-Federal match requirement is met.

Several options may be available to facilitate Ohio DOT and other State DOTs pursuing use of this flexible Federal share 

provision to maintain the average annual non-Federal share. These options include, but are not limited to:

• Continuing to use Toll Revenue Credits toward non-Federal match requirements in the TA Program.

• Identifying projects or communities that may have the ability to provide additional non-Federal match to allow Ohio 

DOT to use this provision to primarily serve communities with fewer resources. 

• Allowing local funds spent on project development to be considered part of project funds. Currently, Ohio DOT 

requires local agencies to fund project development for all projects prior to requesting funding. Changing this 

practice may be an opportunity to increase the amount of local funding that can be considered non-Federal match. 

• Encouraging recreational trail projects that can be funded using 100 percent Federal dollars and would not be 

counted in the portion of TA Program funds required to be funded using 20 percent non-Federal funds. 
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Under 23 U.S.C. 206(j), all recreational trail projects using funds apportioned under 23 U.S.C. 104(b) (which 

includes STBG, TA Set-Aside, and HSIP funds), shall be administered as if funded under the Recreational Trails 

Program (RTP). The RTP Federal share provisions are more flexible, allowing Federal funds to match Federal 

funds (23 U.S.C. 206(f)(3)). Under 23 U.S.C. 206(f) and (j), trail projects may match or be matched by other 

Federal funds prior to calculating the programmatic Federal share. Moreover, preapproval planning and 

environmental compliance costs may be credited toward the non-Federal share of RTP projects if they are 

incurred no more than 18 months prior to project approval (23 U.S.C. 206(h)(1)(C)).

Summary

Ohio DOT is one of the first State agencies to leverage the provision added by BIL that allows HSIP funds to be credited 

toward the non-Federal share of certain TA Program projects. The agency was well-positioned for this because it already 

had a culture of collaboration among programs and a commitment to increasing safety, particularly for VRUs. Because 

the provision is so new and is a significant change from traditional funding options, the agency is still developing the 

programming and tracking systems needed to ensure that projects are documented correctly and that the overall TA 

Program requirements, including the aggregate annual non-Federal match requirement, are met. In addition to 

leveraging this allowance, collaboration between the HSIP team and the TA Program team in Ohio DOT has supported 

more comprehensive safety projects in locations across the State.

Contact Information

Ohio DOT Staff 

• Highway Safety Program: Jeremy Thompson (Jeremy.Thompson@dot.ohio.gov)

• Transportation Alternatives Program: Jeff Shaner (Jeffrey.Shaner@dot.ohio.gov)

USDOT Highway Safety Improvement Program 

• National HSIP Program Website. USDOT maintains a list of State HSIP contacts.

USDOT Transportation Alternatives Set-Aside 

• National TA Program Website. USDOT maintains a list of State TA Program contacts.