[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Notices]
[Pages 39625-39634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19563]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Transportation Equity Act for the 21st Century; Implementation 
Guidance for Discretionary Program Funds for Bridges, Ferry Boats, 
Interstate Maintenance, and Public Lands Highways

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: This document publishes implementation guidance on the 
Transportation Equity Act for the 21st Century (TEA-21) enacted on June 
9, 1998, for eligible candidate projects in Fiscal Year 1999 concerned 
with the discretionary bridge program and in Fiscal Years 1998 and 1999 
concerned with the ferry boat discretionary program, the interstate 
maintenance discretionary program, and the public lands highways 
discretionary program. Implementation guidance materials on these 
topics were issued to FHWA region and division offices on June 25, 
1998. This material describes activities eligible for discretionary 
funding, the application process, and criteria used to evaluate 
candidate projects.

FOR FURTHER INFORMATION CONTACT: For bridge program: Mr. Robert C. 
Wood, HNG-33, (202)366-4622; For ferry boat program: Mr. John C. 
Wasley, HNG-12, (202)366-4658; For interstate maintenance program: Mr. 
Cecilio A. Leonin, HNG-12, (202)366-4651; For public lands highway 
program: Mr. Lawrence J. Beidel, HNG-12, (202)366-1564; For legal 
issues: Mr. Wil Baccus, HCC-32, Office of the Chief Counsel, (202)366-
1396, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 
p.m., e.t., Monday through Friday, except for Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office Electronic Bulletin Board Service at (202)512-1661. Internet 
users may reach the Federal Register's home page at: <a href="http://
www.nara.gov/fedreg">http://
www.nara.gov/fedreg</a> and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

Background

    The TEA-21 (Pub. L. 105-178, 112 Stat. 107) implementation guidance 
published in this Federal Register notice is provided for informational 
purposes. Specific questions on any of the material published in this 
notice should be directed to the contact person named in the caption 
For Further Information Contact for the program in which you have 
interest.

(Authority: 23 U.S.C. 315; 49 CFR 1.48)

    Issued on: July 15, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
    The text of four FHWA memoranda follows:

    June 25, 1998.

[HNG-33]

ACTION: Request for Projects for Fiscal Year (FY) 1999 Discretionary 
Bridge Program

(Reply Due: September 1, 1998)

Associate Administrator for Program Development
Regional Administrators
Division Administrators

    With passage of the Transportation Equity Act for the 21st Century 
(TEA-21), the Discretionary Bridge Program (DBP) has been continued 
through FY 2003. Section 1109 of TEA-21 authorizes in FY 1999, $100 
million for bridge replacement and rehabilitation projects with a 
maximum of $25 million of that amount being available only for projects 
for the seismic retrofit of bridges, including projects in the New 
Madrid fault region.
    With this memorandum, we are requesting submission of eligible 
candidate projects for FY 1999 DBP funds. We are requesting that 
candidate project submissions be received in Headquarters no later than 
September 1. Candidate projects should be supported by State documents, 
including a description of the proposed project(s), total project(s) 
costs, anticipated letting date(s), and a one page project briefing 
paper.

Eligibility

    The DBP funds are available for deficient highway bridges located 
on Federal-aid highways that have a replacement or rehabilitation cost 
of more than $10 million, or a cost that is twice the amount 
apportioned under 23 U.S.C. 144(e) to the State in which the bridge is 
located. Please refer to 23 CFR 650 Subpart G for additional 
eligibility criteria.
    In accordance with 23 U.S.C. 144(d), seismic retrofit projects for 
non-deficient highway bridges are also eligible. Therefore, bridges 
only in need of seismic retrofitting will be considered along with 
deficient bridges for allocating a portion of the FY 1999 funds.

Selection Criteria

    The DBP selection criteria have previously been published in the 
Federal Register (48 FR 52296, November 17, 1983) and are also codified 
as 23 CFR 650 Subpart G. To evaluate the submitted candidates for 
selection, we will be considering several criteria. The following 
statutory and regulatory criteria are found in 23 U.S.C. 144(d), 23 CFR 
650 Subpart G, and Section 1223 of TEA-21:
    1. The Rating Factor formula (23 CFR 650 Subpart G),
    2. Special considerations including unique situations (23 CFR 650 
Subpart G). The FHWA has identified the need for seismic retrofitting 
as a unique situation.
    3. Seismic retrofit allocations for non-deficient bridges (23 
U.S.C. 144(d)).
    4. Priority may be given to funding a transportation project 
relating to an international quadrennial Olympic or Paralympic event, 
or a Special Olympics International event if the project meets the 
extraordinary needs associated with such events and is otherwise 
eligible for assistance with DBP funds (Section 1223).
    The following criteria are also considered in the evaluation of 
candidates for the DBP:
    1. Leveraging of private or other public funding--Because the 
annual requests for funding far exceed the available DBP funds, a 
commitment of other funding sources to complement

[[Page 39626]]

the requested DBP funding is an important factor.
    2. Expeditious completion of project--Preference is also given to 
requests that will expedite the completion of a viable project over 
requests for initial funding of a project that will require a long-term 
commitment of future DBP funding. For large-scale projects, 
consideration is given to the State's total funding plan to expedite 
the completion of the project.
    3. National geographic distribution of the funding within the DBP--
Consideration is also given to providing funding to States to provide 
some geographic balance for the program. The project selection process 
may also consider national geographic distribution among all of the 
discretionary programs, as well as congressional direction or guidance 
provided on specific projects or programs.

Submission Requirements

    Attached is an application form for providing project information. 
The form should be completed by the State and submitted along with 
supporting documents that describe the project.
    Preliminary engineering is not an eligible item for DBP funding, 
but the State could elect to use other eligible Federal-aid funding 
sources. Submissions requesting right-of-way acquisition with DBP funds 
will be given low priority. States should be encouraged to seek other 
sources of funding for perennial ready-for-construction DBP candidates, 
which are unlikely to be selected because of high rating factors.
    The DBP funds will not be allocated to a State that has, in FY 
1998, transferred HBRRP funds to other categories. This is in 
accordance with our November 3, 1992, memorandum on the subject of 
Transfer of Funds/Discretionary Allocations (copy attached).
    For bridge candidates, the Total Project Cost Estimate (TPCE) for 
the project is to include preliminary engineering, right-of-way and 
construction costs associated with eligible bridge (including seismic 
retrofitting costs if applicable), and bridge approach work. The TPCE 
of the bridge and bridge approaches is used in determining project 
eligibility and then in the rating factor computation. Therefore, 
particular care should be taken to ensure that estimates near the 
minimum $10 million project cost limit are accurate.
    For seismic retrofit candidates only, the TPCE will be the total 
cost of the seismic retrofit construction.

Division Office Responsibilities

    In order to ensure that the submitted candidates are complete and 
properly prepared, it is requested that the field offices:
    1. Provide this information regarding project eligibility, 
selection criteria and submission requirements to the State 
transportation agency, and
    2. Review all candidate applications submitted by the State prior 
to sending them to this office to ensure that they are complete and 
meet the above requirements.
    If there are questions, please contact the Bridge Division at (202) 
366-4617.
Henry H. Rentz for Thomas J. Ptak
2 Attachments

BILLING CODE 4910-22-P

[[Page 39627]]

[GRAPHIC] [TIFF OMITTED] TN23JY98.002



[[Page 39628]]

[GRAPHIC] [TIFF OMITTED] TN23JY98.003



[[Page 39629]]

Attachment No. 2

    Nov. 3, 1992.

[HNG-13]

INFORMATION: Transfer of Funds/Discretionary Allocations
Director, Office of Engineering
Regional Federal Highway Administrators
Federal Lands Highway Programs Administrator
    The purpose of this memorandum is to make you aware of a 
consideration utilized in the allocation of Interstate 4R discretionary 
funds and Bridge discretionary funds.

Interstate 4R Discretionary Allocations

    Discretionary funds will not be allocated to a State that has, in 
the preceding fiscal year, transferred either National Highway System 
or Interstate Maintenance funds to the STP apportionments.

Bridge Discretionary Allocations

    Discretionary funds will not be allocated to a State that has, in 
the preceding fiscal year, transferred Highway Bridge Replacement and 
Rehabilitation funds.
    We recognize Congress provided flexibility to States by allowing 
the transfer of these apportionments to other programs. There are, 
however, tremendous Interstate System and bridge needs across the 
country and we believe the congressional intent is to give priority 
consideration to high cost projects in States where available 
apportionments are insufficient to allow such projects to proceed on a 
timely basis.
    Please take the necessary steps to make sure States are aware of 
this consideration.
Thomas O. Willett

    June 25, 1998.

[HNG-12]

ACTION: Ferry Boat Discretionary (FBD) Program Request for Projects for 
FYs 1998 and 1999 Funding

(Reply Due: September 1, 1998)

Associate Administrator for Program Development
Regional Administrators
Division Administrators

    Section 1207 of the Transportation Equity Act for the 21st Century 
(TEA-21) reauthorized the funding category for the construction of 
ferry boats and ferry terminal facilities created by Section 1064 of 
the 1991 ISTEA. For FY 1998, $30 million is authorized from the Highway 
Trust Fund for the FBD program. Subsequent funding of $38 million is 
authorized for each of FYs 1999 through 2003. The TEA-21 also includes 
a new requirement that $20 million from each of FYs 1999 through 2003 
be set aside for marine highway systems that are part of the National 
Highway System for use by the States of Alaska, New Jersey, and 
Washington. As a result, for each of FYs 1999 through 2003, the amount 
of FBD funding available for open competition among all States is $18 
million with a non-competitive amount of $20 million set aside for 
Alaska, New Jersey, and Washington..
    The FBD funds, including both the competitive amount available to 
all States and the set-aside for the three States, are not subject to 
lapse; however, they are subject to obligation limitation. A 
proportional share of obligation authority will accompany allocated 
funds. The Federal share is 80 percent.
    The purpose of this memorandum is to solicit candidate projects for 
the competitive portion of the FBD funds. Implementation of the non-
competitive portion involving Alaska, New Jersey, and Washington will 
be handled by separate memorandum at the beginning of FY 1999 when the 
set-aside FBD funds are first available to these three States.
    For the competitive portion of the FBD funds, we are combining into 
one call (solicitation) the submissions of candidate projects for FYs 
1998 and 1999 funds. A total of $48 million for the two fiscal years 
combined ($30 million and $18 million) will be available to fund FBD 
projects. The ``open competition'' portion of the discretionary funds 
is available to all States (including the three designated States that 
also receive set-asides) for the construction of ferry boats and ferry 
terminal facilities serving as a link on any highway route, other than 
an Interstate highway, and for passenger ferries and ferry terminals.
    With this memorandum, we are requesting the States to submit 
candidate projects for our consideration for funding in FYs 1998 and 
1999. Please work with the States to identify viable projects to assure 
high quality candidates for this program. The three States designated 
for the set-aside funding should not submit projects that they plan to 
fund from their individual State set-aside.

Eligibility

    As specified in Section 1064 of the 1991 ISTEA, this program is for 
the construction of ferry boats and ferry terminal facilities in 
accordance with 23 U.S.C. 129. Proposals should meet the basic 
eligibility criteria in 23 U.S.C. 129(c). The TEA-21 contains 
amendments to 23 U.S.C. 129 that expand the eligibility criteria for 
FBD funding to include ferry boats and ferry terminal facilities that 
are publicly ``operated,'' and those with the public authority having a 
``majority ownership interest'' provided the operation provides 
substantial public benefits.
    Discretionary funds are available for improvements to ferry boats 
or ferry boat terminals where:
    <bullet> The ferry facility is providing a link on a public road 
(other than Interstate) or the ferry facility is providing passenger 
only ferry service.
    <bullet> The ferry and/or ferry terminal to be constructed or 
improved is either publicly owned, publicly operated, or a public 
authority has majority ownership interest where it is demonstrated that 
the ferry operation provides substantial public benefits.
    <bullet> The ferry does not operate in international water except 
for Hawaii, Puerto Rico, Alaska and for ferries between a State and 
Canada.

Selection Criteria

    To evaluate the submitted candidates for selection, we will be 
considering several criteria. Although there are no statutory or 
regulatory criteria for selection of FBD projects, the following 
criteria are considered in the evaluation of candidates for this 
program:
    1. Expeditious completion of project--Consideration is given to 
requests that will expedite the completion of a viable project. This is 
a project's ability to expeditiously complete usable facilities within 
the limited funding amounts available.
    2. Leveraging of private or other public funding--Because the 
annual requests for funding far exceed the available FBD funds, 
commitment of other funding sources to complement the requested FBD 
funding is an important factor.
    3. Amount of FBD funding--The requested amount of funding is a 
consideration. Realizing the historically high demand of funding under 
this program, we are looking for modest sized requests for funding 
(generally less than $2 million) to allow more States to receive 
funding under this program.
    4. State priorities--For States submitting more than one project, 
we will consider the individual States priorities if specified.
    5. National geographic distribution of funding within the FBD 
program--Consideration is given to selecting projects over time among 
all the States competing for funding.
    In addition to the above criteria, project selection will also 
consider national geographic distribution among

[[Page 39630]]

all the discretionary programs as well as congressional direction or 
guidance provided on specific projects or programs.

Submission Requirements

    Although there is no prescribed format for a project submission, 
the following information must be included to properly evaluate the 
candidate projects. With the exception of the project area map, all of 
the following must be included to consider the application complete. 
The information does not have to be lengthy. Do not include reports but 
rather provide simple concise statements. Incomplete applications will 
be returned unprocessed.
    1. State(s) in which the project is located.
    2. County(ies) in which the project is located.
    3. U.S. Congressional District No.(s) in which the project is 
located.
    4. U.S. Congressional Member's Name(s) for each District.
    5. Facility or Project Name commonly used to describe the facility 
or project.
    6. Service Termini and Ports for the ferry boat operation including 
the name of water crossing. A statement must be included for ferry boat 
operations carrying motorized vehicles, describing the link in the 
roadway system. Please clearly identify any ``passenger only'' ferry 
service, and explain how the ferry service is linked to public 
transportation or is part of a transit system. Also, for each project 
please indicate if the project is part of an existing link or service 
or if it is new service. Also identify if the ferry operates in 
domestic, foreign or international waters.
    7. Ownership/Operation must be specified. Please indicate which of 
the following apply:
    <bullet> The boat or terminal is publicly owned. The term 
``publicly owned'' means that the title for the boat or terminal must 
be vested in a Federal, State, county, town, or township, Indian tribe, 
municipal or other local government or instrumentality.
    <bullet> The boat or terminal is publicly operated. The term 
``publicly operated'' means that a public entity operates the boat or 
terminal.
    <bullet> The boat or terminal is ``majority publicly owned'' (as 
opposed to public owned). This means that more than 50 percent of the 
ownership is vested in a public entity. If so, does it provide 
substantial public benefits? Documentation of substantial public 
benefits, concurred in by the division office, is required for ferry 
facilities that are in majority public ownership.
    8. Current and Future Traffic including the functional 
classification of the route that the project is located on along with a 
general description of the type and nature of traffic, both current and 
design year average daily traffic or average daily passenger volumes, 
on the route if available. The general description could include 
information on year round or seasonal service; commuter, recreational 
or visitor ridership; traffic generators and attractions.
    9. Proposed Work should describe the project work to be completed 
under this particular request, and whether this is a complete project 
or part of a larger project.
    10. Amount of Federal FBD Discretionary Funds Requested for the 
proposed work. The total cost for the proposed work should be shown 
along with the requested amount of FBD funding (this should reflect 
that the maximum Federal share for this program is 80 percent). A 
State's willingness to accept partial funding should be indicated.
    11. Commitment of Other Funds--Indicate the amounts and sources of 
any private or other public funding being provided as part of this 
project. Only indicate those amounts of funding that are firm and 
documented commitments. The submission must include written 
confirmation of these commitments from the entity controlling the 
funds.
    12. Previous FBD Discretionary Funding--Indicate the amount and 
fiscal year of any previous FBD discretionary funds received for this 
project, terminals or ferry boats operating on this route or transit 
system.
    13. Future Funding Needs--Indicate the estimated future funding 
needs for the project or facility if known. Also, provide estimated 
time schedules for implementing future projects. This information will 
be used to identify funding commitments beyond the presently proposed 
project and in outlying years.
    14. Talking Points Briefing--Each State's request for ferry boat 
discretionary funds must be accompanied by a talking points paper for 
use by the Office of the Secretary for the congressional notification 
process should a project be selected for funding. A sample paper is 
attached to this memorandum.
    15. Project Area Map--A readable location/vicinity map showing the 
ferry route and terminal connections would be helpful if available.

Division Office Responsibilities

    In order to ensure that the submitted candidates are complete and 
properly prepared, the division office must:
    1. Provide this information regarding project eligibility, 
selection criteria and submission requirements to the State 
transportation agency, and
    2. Review all candidate applications submitted by the State prior 
to sending them to this office to ensure that they are complete and 
meet the above requirements.
    When sending in candidate projects, the States must understand that 
any qualified project may or may not be selected, and it may be 
necessary to supplement FBD funds with other Federal-aid and/or State 
funds.
    Any allocations in FY 1999 will be made on the assumption that 
proposed projects are viable and implementation schedules are 
realistic. Any unobligated balances remaining on September 15, 1999, 
will be withdrawn and used for funding future fiscal year requests.
    Because of the compressed time period available, candidate projects 
should be submitted to us no later than September 1, 1998. Projects 
received after this date may not receive full consideration. Questions 
on this memorandum may be directed to Mr. Jack Wasley of the Federal-
Aid and Design Division at 202-366-4658.
Henry H. Rentz for Thomas J. Ptak

Attachment

Sample Talking Points Briefing for Secretary's Office

    Note: These talking points will be used by the Office of the 
Secretary in making congressional notification contacts. Since some 
of the recipients of the calls may not be closely familiar with the 
highway program, layman's language should be used to the extent 
possible. Information contained in the talking points may be used by 
a member of Congress in issuing a press release announcing the 
discretionary allocation.

Ferry Boat Discretionary (FBD) Funds

GRANTEE: <List full name of State Highway Agency>
REPRESENTATIVE/SENATOR: <List full names>
PROJECT: <short name/description of project>
    Example: Northport to Fort Bischer/Build a 180' Ferry
FHWA FUNDS: <requested funds>
    Example: $1,200,000

    Will the Project be advanced with State funds even if FBD funds are 
not received? If so, what year?
    Were we asked to consider an overmatch (i.e. more than 20%)


[[Page 39631]]


<List talking points with little o bullets, note italicized items are 
requested bullets>

    Examples:
    <bullet> This project is needed to replace the MV Good Times which 
is currently running at the Northport Operation. This operation 
provides service across the Little Pike River and is a link between SR 
21 and U.S. 52, both of which are classified as principal arterials.
    <bullet> Limited roadway access has created intolerable congestion 
on the existing approaches to the city. The project will relieve 
congestion on the local system which is presently operating at capacity 
during peak hour. (If there is anything innovative about the project be 
sure and mention in layman's terms.)
    <bullet> Project is in Congressional district <add number and 
member's name>.
    <bullet> This project is part of the State's ferry boat program. 
Annually the State spends $19 million to operate seven ferry routes, 
and receives an average of $1.5 million annually in tolls from three of 
these routes.
    <bullet> The project will be advertised for construction in <month/
year> and is scheduled for completion in <month/year>.

    June 25, 1998

[HNG-12]

ACTION: Request for Projects for Fiscal Year 1998 and 1999 Interstate 
Maintenance Discretionary (IMD) Funds

(Reply Due: September 1, 1998)

Associate Administrator for Program Development
Regional Administrators
Division Administrators

    Section 1107(b) of the Transportation Equity Act for the 21st 
Century (TEA-21) amended Section 118 (c), of Title 23, United States 
Code (23 U.S.C.) and provides that before any apportionment of 
Interstate Maintenance (IM) funds is made under Section 104(b)(4) of 23 
U.S.C., the Secretary shall set aside $50,000,000 in fiscal year (FY) 
1998 and $100,000,000 in each of FYs 1999 through 2003 for obligation 
by the Secretary for IMD projects for resurfacing, restoring, 
rehabilitating and reconstructing (4R) any route or portion thereof on 
the Interstate System with certain exceptions (see below).
    In order to facilitate the orderly development and review of 
candidate projects, we intend to combine the $150 million authorized in 
total for FY 1998 and FY 1999 IMD funding into one solicitation. Please 
work with the States to identify viable projects to assure high quality 
candidates for this program.

Eligibility

    The eligibility criteria for IMD projects is provided in Section 
118(c) of 23 U.S.C.
    1. IMD funds are available for 4R work (including added lanes) on 
the Interstate System. However, not eligible for allocation of IMD 
funds are projects on any highway designated as a part of the 
Interstate System under Section 139 of 23 U.S.C., as in effect before 
the enactment of TEA-21 and any toll road on the Interstate System not 
subject to an agreement under Section 119(e) of 23 U.S.C., as in effect 
on December 17, 1991.
    2. A State is eligible to receive an allocation of IMD funds if it 
has obligated or demonstrates that it will obligate in FY 1999 all of 
its IM funds apportioned under Section 104(b)(4) of 23 U.S.C., other 
than an amount which by itself, is insufficient to pay the Federal 
share of the cost of a project for resurfacing, restoring, 
rehabilitating, and reconstructing the Interstate System which has been 
submitted by the State to the Secretary for approval.
    3. The applicant must be willing and able to obligate the IMD funds 
within 1 year of the date the funds are made available, apply them to a 
ready-to-commence project, and in the case of construction work, begin 
work within 90 days of obligation.

Selection Criteria

    To evaluate the submitted candidates for selection, we will be 
considering several criteria. The following statutory criteria for 
priority consideration are found in 23 U.S.C. 118(c)(3) and Section1223 
of TEA-21:
    1. Any project the cost of which exceeds $10 million [Section 118].
    2. A project on any high volume route in an urban area or high 
truck-volume route in a rural area. [Section 118].
    3. Priority may be given to funding a transportation project 
relating to an international quadrennial Olympic or Paralympic event, 
or a Special Olympics International event if the project meets the 
extraordinary needs associated with such events and is otherwise 
eligible for assistance with IMD funds [Section 1223].
    Although there are no regulatory criteria for selection of IMD 
projects, the following criteria are also considered in the evaluation 
of candidates for this program:
    1. Leveraging of private or other public funding--Because the 
annual requests for funding far exceed the available IMD funds, 
commitment of other funding sources to complement the requested IMD 
funds is an important factor.
    2. State priorities--For States that submit more than one project, 
we give consideration to the individual State's priorities if 
specified.
    3. Expeditious completion of project--Preference is also given to 
requests that will expedite the completion of a viable project over 
requests for initial funding of a project that will require a long-term 
commitment of future IMD funding. For large-scale projects 
consideration is given to the State's total funding plan to expedite 
the completion of the project.
    In addition to the above criteria, project selection will also 
consider national geographic distribution among all of the 
discretionary programs as well as congressional direction or guidance 
provided on specific projects or programs.

Submission Requirements

    Although there is not a prescribed format for a project submission, 
the following information must be included in the application to 
properly evaluate the candidate projects. Those applications that do 
not include these items will be considered incomplete and returned.
    1. State.
    2. Federal-Aid Project Number.
    3. Description of Project--Describe the project work to be 
completed under this request. If the project is related to one of the 
Olympic events listed in Section 1223 of TEA-21, that relationship 
should be described.
    4. Project Location--Describe the specific location of the project, 
including route number and mileposts, if applicable.
    5. County or Counties in which the project is located.
    6. U.S. Congressional District No.(s) in which the project is 
located.
    7. U.S. Congressional District Member's Name(s).
    8. Current 2-Way Average Daily Traffic including percentage of 
trucks.
    9. Name of Urban Area or indicate if located in a rural area.
    10. Number of lanes before and after construction of the project. 
The number of lanes and current ADT are used to gauge the degree of 
congestion on the route.
    11. Project Plan Status--PS&E status.
    12. Estimated Authorization Date (month/year).
    13. Total Project Cost.
    14. Amount of IMD funds requested--Indicate amount of IMD funds 
being requested. If a State is willing to accept partial funding of 
this amount, that should be indicated. Sometimes, partial funding of 
requests is utilized to provide funding for more projects since

[[Page 39632]]

the requests far exceed the available funds.
    15. An Obligation Schedule--Demonstrate how the State will obligate 
all of its IM apportionments before the end of FY 1999.
    16. Commitment of Other Funds--Indicate the amounts and sources of 
any private or other public funding being provided as part of this 
project. Only indicate those amounts of funding that are firm with 
documented commitments. The submission must include written 
confirmation of these commitments from the entity controlling the 
funds.
    17. Previous Interstate 4R Discretionary (IDR) Funding--Indicate 
the amount and fiscal year of any previous IDR funds received for the 
project.
    18. Future Funding Needs--Indicate the estimated future funding 
needs for the project, including anticipated requests for additional 
IMD funding, the items of work to be completed and projected 
scheduling.
    19. Talking Points Briefing--A one-page talking points paper 
covering basic project information for each candidate project submitted 
for IMD funding is needed for use by the Office of the Secretary for 
the congressional notification process in the event a project is 
selected for funding. For your guidance a sample paper is attached to 
this memorandum.

Division Office Responsibilities

    In order to ensure that the submitted candidate projects are 
complete and properly prepared, the Division Office must:
    1. Provide the information regarding project eligibility, selection 
criteria and submission requirements to the State transportation 
agency, and
    2. Review all candidate project applications submitted by the State 
prior to sending them to this office to ensure that they are complete 
and meet the above requirements.
    We are requesting that candidate project submissions be forwarded 
to the Chief, Federal-Aid and Design Division, HNG-12, not later than 
September 1, 1998. Projects received after this date may not receive 
full consideration.
    When sending in candidate projects, the States must understand that 
any qualified project may or may not be selected and it may be 
necessary to supplement allocated IMD funds with other Federal-aid and/
or State funds to construct a section of highway which will be usable 
to the traveling public in as short a period of time as possible.
    Allocations of IMD funds shall remain available until expended. 
Obligation limitation will be distributed with each allocation of 
funds.
    As a reminder, any requests to adjust the amount of IMD funds 
allocated to a specific project must be forwarded in writing to the 
Chief, Federal-Aid and Design Division, HNG-12, for approval. 
Furthermore, funds from unobligated allocations or project underruns 
cannot be used for another IMD project without the written approval of 
the Chief, Federal-Aid and Design Division.
    Questions concerning preparation of applications and other matters 
may be directed to Mr. Cecilio Leonin of the Federal-Aid and Design 
Division, HNG-12, telephone (202) 366-4651.
Henry H. Rentz for Thomas J. Ptak

Attachment

Sample Talking Points Briefing for Secretary Slater

    Note: These talking points will be used by the Office of the 
Secretary in making congressional notification contacts. Since some 
of the recipients of the calls may not be closely familiar with the 
highway program, layman's language should be used to the extent 
possible. Information contained in the talking points may be used by 
a member of Congress in issuing a press release announcing the 
discretionary allocation.

Interstate Maintenance Discretionary (IMD) Funds

GRANTEE: <List full name of State Highway Agency>
PROJECT NO: IMD-xxx-x(xxx)
<List each project number in this format<
FHWA FUNDS: $xx,xxx,xxx. <If more than one project, also show cost for 
each<

    <bullet> This project provides for resurfacing ____.____ miles of 
the two northbound lanes of I-xx in __________ county, extending from 
the U.S. Route 1 interchange at Hometown to the State Road 2 overpass 
in the vicinity of Smallville.
    <bullet> The project provides for a 2-inch overlay of the existing 
bituminous concrete pavement which is badly deteriorated and rutted. 
(If there is anything innovative about the project be sure and mention 
in layman's terms.)
    <bullet> Project IMD-xxx-x(xxx) is in Congressional district <add 
number and member's name>.
    <bullet> This project is part of the second phase of a 5-year 
program to resurface a 25-mile section of I-xx between Town-A and Town-
B. In 1998, the southbound lanes at this same location are being 
resurfaced using State funds.
    <bullet> In addition to State matching funds, a portion of the 
total project cost will be financed by $__________ in funds provided by 
________________.
    <bullet> The project includes improvements to several safety 
features within the project limits including upgrading of guardrail and 
traffic signs.
    <bullet> The project will be advertised for construction in <month/
year> and is scheduled for completion in <month/year>.

    June 25, 1998

[HNG-12]

ACTION: Request for Projects for Fiscal Year, (FY) 1999 Public Lands 
Highways (PLH) Discretionary Funds (Reply Due: September 1, 1998)
Associate Administrator for
Program Development
Regional Administrators
Division Administrators
Federal Lands Highway Program Administrator

    With passage of the Transportation Equity Act for the 21st Century 
(TEA-21), the PLH discretionary program has been continued through FY 
2003. As you are aware, the Surface Transportation Extension Act of 
1997 provided the initial FY 1998 funding for the PLH program, and we 
allocated those available PLH discretionary funds to 10 projects 
earlier this year.
    There is approximately $30 million of additional FY 1998 funds 
provided by TEA-21. We had originally intended to allocate these 
additional FY 1998 funds to additional projects selected from the 
previously submitted FY 1998 candidates. Because we are nearing the 
last quarter of FY 1998, we have instead decided to combine the 
available FY 1998 and FY 1999 funds in one solicitation.
    With this memorandum, we are requesting submission of eligible 
candidate projects for FY 1999 PLH discretionary funds. It appears that 
approximately $80 million will be available for allocation in FY 1999. 
Combined with the $30 million FY 1998 funds, the total available 
funding for FY 1999 candidates is approximately $110 million. Please 
work with the States to identify viable projects to assure high quality 
candidates for this program.

Eligibility

    The PLH funds are available for any kind of transportation project 
eligible for assistance under Title 23, United States Code, that is 
within, adjacent to, or provides access to the areas served by the 
public lands highway. The PLH funds are available for planning, 
research, engineering, and construction of the highways or of transit 
facilities within public lands. In addition, eligible projects under 
the PLH program may include the following:

[[Page 39633]]

    1. Transportation planning for tourism and recreational travel, 
including the National Forest Scenic Byways Program, Bureau of Land 
Management Back Country Byways Program, National Trail System Program, 
and other similar Federal programs that benefit recreational 
development.
    2. Adjacent vehicular parking areas.
    3. Interpretive signage.
    4. Acquisition of necessary scenic easements and scenic or historic 
sites.
    5. Provision for pedestrians and bicycles.
    6. Construction and reconstruction of roadside rest areas, 
including sanitary and water facilities.
    7. Other appropriate public road facilities such as visitor 
centers.
    8. A project to build a replacement of the federally owned bridge 
over the Hoover Dam in the Lake Mead National Recreation Area between 
Nevada and Arizona (added by Section 1115 of TEA-21).
    The term ``public lands highway'' means a forest road under the 
jurisdiction of and maintained by a public authority and open to public 
travel or any highway through unappropriated or unreserved public 
lands, nontaxable Indian lands, or other Federal reservations under the 
jurisdiction of and maintained by a public authority and open to public 
travel. Federal reservations are considered to include lands owned by 
the Department of the Interior, Department of Agriculture, Department 
of Defense and other Federal Agencies.
    In addition, Section 1203 of TEA-21 provides that up to ``1 percent 
of the funds allocated under 23 U.S.C. 202 may be used to carry out the 
transportation planning process for the Lake Tahoe region,'' and that 
highway projects included in these transportation plans ``may be funded 
using funds allocated under 23 U.S.C. 202.'' Applications for these 
activities, therefore, could also be submitted requesting PLH 
discretionary funding.

Selection Criteria

    To evaluate the submitted candidates for selection, we will be 
considering several criteria. The following statutory criteria are 
found in 23 U.S.C. 202(b):
    1. The funds shall be allocated ``among those States having 
unappropriated or unreserved public lands, nontaxable Indian lands or 
other Federal reservations, on the basis of need in such States,'' and
    2. We are required to ``give preference to those projects which are 
significantly impacted by Federal land and resource management 
activities which are proposed by a State which contains at least 3 
percent of the total public lands in the Nation.''
    Although there are no regulatory criteria for selection of PLH 
discretionary projects, the following criteria are also considered in 
the evaluation of candidates for this program:
    1. Equitable distribution of funding among the States--In applying 
this criterion, we look at PLH discretionary funding distributed over 
the past 20 years and consider two factors in determining a State's 
fair share of this distribution. These factors are the State's share of 
the Nation's Federal public lands and the percentage of an individual 
State's area that is comprised of Federal public lands. Preference is 
given to those States that are ``behind'' in their fair share of the 
funding.
    2. Leveraging of private or other public funding--Because the 
annual requests for funding far exceed the available PLH discretionary 
funds, commitment of other funding sources to complement the requested 
PLH discretionary funding is an important factor.
    3. Expeditious completion of project--Preference is also given to 
requests that will expedite the completion of a viable project over 
requests for initial funding of a project that will require a long-term 
commitment of future PLH funding. For large-scale projects 
consideration is given to the State's total funding plan to expedite 
the completion of the project.
    4. Amount of PLH funding--The requested amount of funding is 
another consideration. For States that have a relatively small amount 
of Federal public lands, more moderately sized (< $500,000) project 
requests are given more favorable consideration.
    5. State priorities--For States that submit more than one project, 
we give consideration to the individual State's priorities if 
specified.
    6. National geographic distribution of the funding within the PLH 
program--Although preference is to be given to the States with at least 
3 percent of the Nation's public lands, consideration is also given to 
providing funding to States in the eastern part of the country to 
provide some geographic balance for the program.
    7. Program Emphasis Area--Priority will be given to projects for 
the construction or restoration of nationally significant trails. This 
reflects the on-going development of a Millennium Trails Program to 
commemorate the heritage of trails important to our past and celebrate 
the legacy of new and restored trails for our future.
    In addition to the above criteria, project selection will also 
consider national geographic distribution among all of the 
discretionary programs as well as congressional direction or guidance 
provided on specific projects or programs.

Submission Requirements

    Although there is not a prescribed format for a project submission, 
the following information must be included to properly evaluate the 
candidate projects. With the exception of the project area map, all of 
the following must be included to consider the application complete. 
Those applications that do not include these items will be considered 
incomplete and returned.
    1. State in which the project is located.
    2. County in which the project is located.
    3. U.S. Congressional District No.(s) in which the project is 
located.
    4. U.S. Congressional District Member's Name(s).
    5. Project Location--Describe the specific location of the project, 
including route number and mileposts, if applicable.
    6. Public Lands Category--Specify what Federal public lands are 
being served by the project and whether the project is within, adjacent 
to, or provides access to the public lands.
    7. Proposed Work--Describe the project work to be completed under 
this particular request, and whether this is a complete project or part 
of a larger project.
    8. Project Purpose--The States' submission should show how the 
proposed project and/or the highway route of which it is a part meet 
the Federal land and resource management needs in the State. This 
should include status and adequacy of the existing route with regard to 
route continuity, capacity and safety and the benefits anticipated from 
completion of the proposed project.
    9. Planning and Coordination--For the proposed project, describe 
the coordination with and input from the various Federal land 
management, State, and metropolitan planning agencies involved. Section 
204(a) of Title 23, United States Code, as amended, requires all 
regionally significant Federal lands highways program projects to be 
developed in cooperation with States and metropolitan planning 
organizations, and included in appropriate Federal lands highways 
program, State, and metropolitan plans and transportation improvement 
programs.

[[Page 39634]]

    10. Current and Future Traffic--For highway projects provide the 
current and design year average daily traffic. For other facilities, 
such as visitor centers, it may be desirable to describe the number of 
visitors accommodated by the facility.
    11. Project Administration--Indicate whether the Federal funds for 
this project will be administered by the State transportation agency or 
a Federal Lands Highway Division (FLHD) of FHWA. If the FLHD or other 
Federal Agencies are involved, the type of involvement, whether it is 
preliminary engineering or contract administration, or other, should be 
specified. Also, the FLHD is available to assist you with Federal 
Agency coordination and should provide you with any data and 
information requested.
    12. Amount of Federal PLH Discretionary Funds Requested--Indicate 
the amount of Federal PLH funds being requested for FY 1999. If a State 
is willing to accept partial funding of the request, that should also 
be indicated. Sometimes partial funding of requests is utilized to 
provide funding to more projects, since the requests far exceed the 
funding available.
    13. Commitment of Other Funds--Indicate the amounts and sources of 
any private or other public funding being provided as part of this 
project. Only indicate those amounts of funding that are firm and 
documented commitments. The submission must include written 
confirmation of these commitments from the entity controlling the 
funds.
    14. Previous PLH Discretionary Funding--Indicate the amount and 
fiscal year of any previous PLH discretionary funds received for this 
project or route.
    15. Future Funding Needs--Indicate the estimated future funding 
needs for the project, including anticipated requests for additional 
PLH discretionary funding, the items of work to be completed and 
projected scheduling.
    16. Project Area Map--It is suggested that a readable map, clearly 
showing the proposed project and its relationship to the overall 
development of a highway route, as well as its relationship to the 
Federal public lands, be included. The map should also show any 
previously completed work on this highway route, if any, plus 
additional work being planned beyond the proposed project.
    17. Talking Points Briefing--A one page talking points paper 
covering basic project information is also needed for use by the Office 
of the Secretary for the congressional notification process should a 
project be selected for funding. Each State's request for
    FY 1999 PLH discretionary funds must include a talking points 
paper. A sample paper is attached to this memorandum.

Division Office Responsibilities

    In order to ensure that the submitted candidates are complete and 
properly prepared, the Division Office must:
    1. Provide this information regarding project eligibility, 
selection criteria and submission requirements to the State 
transportation agency, and
    2. Review all candidate applications submitted by the State prior 
to sending them to this office to ensure that they are complete and 
meet the above requirements.
    We are requesting that candidate project submissions be received in 
Headquarters no later than September 1, 1998. Projects received after 
this date may not receive full consideration.
    When sending in candidate projects, the States must understand that 
any qualified project may or may not be selected, and it may be 
necessary to supplement PLH funds with other Federal-aid and/or State 
funds to construct a section of highway which will be usable to the 
traveling public in as short a period as possible.
    Any allocations in FY 1999 will be made on the assumption that 
proposed projects are viable and implementation schedules are 
realistic. Any unobligated balances remaining on September 15, 1999, 
will be withdrawn and used for funding future fiscal year requests.
    If there are questions, please contact Mr. Larry Beidel (202-366-
1564) of our Federal-Aid and Design Division.
Henry H. Rentz for Thomas J. Ptak

Attachment

Sample Talking Points Briefing for Sec. Slater

    Note: These talking points will be used by the Office of the 
Secretary in making congressional notification contacts. Since some 
of the recipients of the calls may not be closely familiar with the 
highway program, layman's language should be used to the extent 
possible. Information contained in the talking points may be used by 
a member of Congress in issuing a press release announcing the 
discretionary allocation.

Public Lands Highways (PLH) Discretionary Funds

GRANTEE: <List full name of State Highway Agency>
REPRESENTATIVE/SENATOR: <List full names>
PROJECT: <short name/description of project>

    This project provides for reconstructing ____ miles of US 1 in 
__________ County extending from State Route 2 intersection in Hometown 
to the County Road 3 in the vicinity of Smallville. Widening 2 feet on 
either side with improvements on horizontal alignment and installation 
of 1000 feet of guard rail are included in the project.

FHWA FUNDS: $xx,xxx,xxx. <requested funds>
    Specify other source of funds (for ex: State, local, Forest 
highways, etc, if any, to supplement Federal funds

    <bullet> This project will improve access to Navajo Indian 
Reservation and improve the local economy.
    <bullet> This project is in Congressional district <add number and 
member's name>.
    <bullet> This project is part of the second phase of a 5-year 
program to reconstruct a 30-mile section of Forest Road 11 (State Route 
201) between Town A and Town B.
    <bullet> The project will be advertised for construction in <month/
year> and is scheduled for completion in <month/year>.

[FR Doc. 98-19563 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-22-P