Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Review of the Federal Lands Highway Program and Other Related Provisions

The following information serves as a summary of provisions of SAFETEA-LU related to the Federal Lands Highway Program (FLHP) and of interest to our Federal Land Management Agency partners. The information is broken into 3 parts: 1) FLHP funding authorizations, 2) summary of the FLHP core programs, and 3) information on other FLH-related programs and provisions.

Part 1 - FLHP Program Authorizations

Part 2 - Federal Lands Highways Program (FLHP)
{Section 1119 in SAFETEA-LU)

Overview

The Federal Lands Highways (FLH) program authorizations through 2009 total over $4.5 billion for the Indian Reservation Roads (IRR), Park Roads and Parkways, Public Lands Highways (discretionary and Forest Highways), and Refuge Roads Programs. FLHP funds can be used for transportation planning, research, engineering, and construction of highways, roads, parkways and transit facilities within public lands, national parks, and Indian reservations. In addition, FLHP funds can also be used as the State/local match for most types of Federal-aid highway funded projects. The Administration's proposal for two new programs, namely, Recreation Roads and Safety were not included in SAFETEA-LU. The Public Lands Highway Program, including Public Lands Highway Discretionary and Forest Highways Programs, continues in SAFETEA-LU with 34 and 66 percent allocations, respectively.

Park Roads and Parkways (PRP) Program

• Although the Park Roads Program did not receive the full funding as requested by the Administration to support President Bush's Park Legacy initiative, SAFETEA-LU still represents a 27% increase when we compare the last five years in TEA-21 against the five years in SAFETEA-LU.
• The Stevens amendment is included in this subsection, and requires that Alaska receive at least 3 percent of funds appropriated. The result is an increase of funds to Alaska of approximately 1%. Section 10212 calls for a rescission of spending authority in the last year of the bill of $8.543 billion, but the PRP is not included in the programs subject to that provision.
• The Going to the Sun Road in Glacier Park received a separate authorization in Section 1940 of $50 million allocated at $10 million per year. The report accompanying the bill requires the funds be used to accelerate completion of this multi-year project and to "supplement, not supplant funding from the park roads and parkways program". These funds are based on budget authority (i.e., not contract authority) and therefore are subject to annual appropriations.

Public Lands Highway (PLH) Program

• New funding limits of Public Lands Highway funds include up to: $20 million per year for maintenance of Forest Highways, $1 million per year for signage identifying public hunting and fishing access, and $10 million by the Secretary of Agriculture to facilitate the passage of aquatic species beneath roads in the National Forest System.
• Preference - The Secretary shall give preference to activities in States that contain at least 3 percent of the total public land in the U.S.
• Within Title 23, Section 202 (a), under Allocations - The language was changed to include national forests and grasslands.

Refuge Roads (RR) Program

• Section 1119 (h): Amends Section 204(a)(1): Refuge roads are now included on the list of roadways that are recognized as needing treatment under uniform policies similar to the policies that apply to Federal-Aid highways.
• Section 1119(j): Amends Section 204(k): Interpretive signage is now an eligible item for this program. Amends Section 204(k): Funds made available under the refuge roads program can now be used as the non-federal match for any project funded under Title 23 or chapter 53 of Title 49, so long as that project provides access to or within a wildlife refuge. Amends Section 204(k): Recreational trails are eligible under this program, but limits the total amount spent on maintenance and improvements of trails to 5%.

Indian Reservations Roads (IRR) Program

• SAFETEA-LU provides a significant change in the administration of the IRR program. IRR funding may be provided directly in accordance with the Indian Self-Determination and Education Assistance Act to a requesting Indian tribal government(s) that has satisfactorily demonstrated financial stability and financial management to the Secretary.
• IRR funds shall only be expended on projects identified in a transportation improvement program approved by the Secretary.
• The Secretary, in cooperation with the Secretary of the Interior, is required to complete a comprehensive national inventory of transportation facilities that are eligible for assistance under the IRR program within 2 years of enactment of SAFETEA-LU.
• Up to 25 percent of a tribe's IRR Program funds may now be used for the purpose of road and bridge maintenance, although the Bureau of Indian Affairs (BIA) will retain primary responsibility for IRR maintenance programs through DOI appropriations. An Indian tribe may enter into a road maintenance agreement with a State to assume the responsibilities of the State for roads in and providing access to Indian reservations. DOT is required to submit an annual report to Congress on information pertaining to maintenance agreements.
• A limitation on the program and oversight expenses for the BIA is provided, although BIA project administrative expenses have been added to the amount, i.e., $20,000,000 for FY 06, $22,000,000 for FY 07, $24,500,000 for FY 08 and $27,000,000 for FY 09. The Secretary of the Interior would be able to reserve funds from administrative funds of the BIA that are associated with the IRR program to finance Indian technical centers.
• Indian tribal governments, through a contract or agreement under the Indian Self-Determination and Education Assistance Act (ISDEA), can approve plans, specifications, and estimates and commence road and bridge construction using available funds. The Indian tribal government would need to certify to the Secretary of Transportation that the construction would meet or exceed applicable health and safety standards and is required to obtain advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards.
• A new position in DOT is established for a Deputy Assistant Secretary of Tribal Government Affairs responsible for policy and programs serving Indian tribes and tribal organizations.
• The IRR related section includes an IRR Bridge authorization funded at $14,000,000 per year for fiscal years 2005 through 2009 from the Highway Trust Fund. Unlike TEA-21 where bridge funding was a set aside, SAFETEA-LU funding for bridges is in addition to the core program funds. In addition, IRR funding is now eligible for preliminary engineering for IRR bridges.

Wildlife Vehicle Collision Reduction Study

• The Secretary is responsible for submitting a report to Congress, within two years from the enactment of the Act, regarding methods for reducing collisions between motor vehicles and wildlife. Thereafter, there is a requirement to develop best practices and training.

Federal Share Payable or "Match"

• In Title 23, Sec. 120 (k), Use of Federal Land Management Agency Funds, greater flexibility was included in SAFETEA-LU by striking existing language that read "...funds appropriated to any FLMA may be used to pay the non-federal share of the cost of any Federal-aid highway project the federal share of which is funded under section 104." to "...share of the cost of any project the federal share of which is funded under this title or chapter 53 of title 49."

Part 3 - Other FLH-Related Programs and Provisions

Transit

Section 3021 - Alternative Transportation in Parks and Public Lands

• Title III, Section 3021 of the Act authorizes a new alternative transportation program (ATP) for parks and other public lands. Eligible agencies include the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation and the Forest Service.
• The Conferees adopted the Senate proposal with some modifications including making Forest Service facilities eligible and adding bicycle, pedestrian and non-motorized watercraft projects to the definition of alternative transportation. The purchase or replacement of rolling stock that incorporates clean fuel technology is specifically mentioned.
• Responsibility for the program is shared between USDOT and USDOI. ("The Secretary, in consultation with the Secretary of the Interior, would be authorized to award grants, or enter into contracts, cooperative agreements, interagency agreements, intra-agency agreements, or other agreement to carry out qualified projects that would enhance the protection of national parks and public lands and increase the enjoyment of those visiting the parks and public lands.")
• Funding for planning, research and technical assistance is limited to 10 percent of funds. In addition, no qualified project would be eligible to receive more than 25 percent of the total amount made available under section 5338(b)(2)(J) for any fiscal year.
• The Secretary of Transportation, in consultation with the Secretary of the Interior, will be required to submit an annual report to Congress on the allocation of amounts made available to assist qualified projects.
• Funding is set at the following levels, beginning in 2006:
  FY 2006 $22M
  FY2007 $23M
  FY2008 $25M
  FY2009 $26.9M
  Total: $96.9M

Section 3013 - Formula Grants for Other Than Urbanized Areas

• Authorizes a grant program for Public Transportation on Indian Reservations. Uses of the grant funds include public transportation capital projects, operating costs of equipment and facilities associated with public transportation, and acquisition of public transportation services.
• Funding is set at the following levels, beginning in 2006:
  FY 2006 $8M
  FY2007 $10M
  FY2008 $12M
  FY2009 $15 M
  Total: $45M

Emergency Relief Program for Federally Owned Roads (ERFO)

• The ERFO program has permanent annual authorization per Title 23 USC, Sections 120 and 125 as part of the $100M per year distributed by the Secretary of Transportation to the Federal-Aid Highway Emergency Relief (ER) Program from the Highway Trust Fund. Procedures for the ER and the Federal Agencies for Federal Roads (ERFO) Programs are provided in Title 23, CFR, Part 668 - Emergency Relief Program, Subparts A and B. SAFETEA-LU allows for greater ER funding above that amount by supplemental appropriations as approved by Congress.

Denali Access System Program

• Section 1960 of Title I, Subtitle I would require the Secretary of Transportation within three months of enactment of H.R. 3 to establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation infrastructure identified for the Denali access system program.
• This section also establishes a Denali Access System Program Advisory Committee that would advise the Denali Commission on the surface transportation needs of Alaska Native villages and rural communities; the considerations for coordinated transportation planning among the Alaska Native villages, Alaska rural villages, the State of Alaska, and other governmental entities; establishing a list of transportation priorities for Alaska Native village and rural community transportation projects on an annual basis, including funding recommendations; and how to facilitate the Commission's work on transportation projects involving more than one region.

Planning

• Requires the Secretary (of Transportation) to encourage the MPOs to consult with a range of agencies, including "recipients of assistance under section 204".
• Under the provision to develop a Metropolitan Transportation Plan, there is a requirement to do a new environmental scan of the plan and requires that a discussion over that information include "land management agencies."
• Under the provisions governing the Metropolitan Transportation Improvement Program, there is an explicit requirement to include "projects under Chapter 2" in the TIP. However, these are broken into two groups: If they are "regionally significant" they must be identified individually as line items. If they are not regionally significant, they may be grouped as one line item or as individual projects in the TIP.
• TEA 21 gave the land management agencies the responsibility to share their multi-year program information with both the states and the MPOs; this new provision gives MPOs the responsibility to incorporate the information in their TIPs.

Environment

• Title VI also includes a number of provisions that modify current environmental practice for federally funded transportation projects.
• Section 6002 seeks to increase the efficiency of the environmental review process including reducing time for federal agency reviews.
• Section 6009 authorizes the Secretary of Transportation to issue rules establishing a new standard for de minimis impacts to parks, recreation areas and historic sites and properties.
• Section 6010 provides authority for the Secretary of Transportation to issue rules for establishing Intelligent Transportation Systems as Categorical Exclusions under NEPA.
• Section 6005 provides new requirements for recovered mineral components for all federal agencies procuring concrete or cement.

Obligation Limitation

• In Sec. 1102, SAFETEA-LU identifies the total Federal-aid obligation limitation amounts however the numbers that apply to FLH are not available at this time.
• Section 1102 includes a number of other provisions relating to the obligation ceiling that bear further review. For example, for High Priority Highway Projects numbered 1 - 3676 and authorized in Section 1702 of the Act, obligation authority attributable to any of these projects can be transferred to any other such project within a state in a given fiscal year, but must be reinstated the following year. This provision would apply to projects, such as in California and Virginia where there is more than one named project. It would not appear, however to apply to all on the accompanying list. The funding for the Going to the Sun Road isn't Federal-aid contract authority and thus isn't subject to the obligation limitation at all. The funds will only be available if they are appropriated.