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Attachment 2
Revised 4/18/06

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

Federal Highway Administration Programs

Primary Purpose Eligible Transit Activities Transfer Among Title 23 Programs Interagency Transfer Considerations
Metropolitan Planning (PL) (23 U.S.C. 104(f)
To carry out the metropolitan transportation planning process under 23 U.S.C. 134. 49 U.S.C. 5303 metropolitan transportation planning process None. May be transferred to FTA at the request of the State DOT to be combined with 49 U.S.C. 5305(d) metropolitan planning funds as a consolidated planning grant.
Statewide Planning& Research (SPR) (23 U.S.C. 505)
Highway and transit planning; statewide transportation planning under 23 U.S.C. 135; metropolitan transportation planning under 23 U.S.C. 134. 49 U.S.C. 5305 statewide transportation planning process; public transportation management systems under 23 U.S.C. 303. None. SPR funds for planning may be transferred to FTA at the request of the State DOT to be combined with 49 U.S.C. 5305(e) statewide planning funds as a consolidated planning grant. The 25% of SPR funds that can only be used for RD&T may not be transferred.
National Highway System (NHS) (23 U.S.C. 103)
Improvements to rural and urban roads that are part of the NHS or that are NHS Intermodal connectors. Transit improvements within a NHS corridor, subject to statutory conditions set in 23 U.S.C. 103 (b)(6)(C); transportation planning in accordance with 23 U.S.C. 134 & 135; fringe and corridor parking facilities; carpool and vanpool projects; public transportation management systems under 23 U.S.C. 303; publicly owned intracity and intercity bus terminals. Up to 50% of funds may be transferred to CMAQ, STP, IM, HSIP, RTP, and/or HBRRP.

Up to 100% of NHS funds may be transferred to STP if approved by the Secretary and if sufficient notice and opportunity for public comment is given.

May be administered by FHWA or may be transferred to FTA for transit projects eligible for NHS funds under 23 U.S.C. 103(b)(6).
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, restoring, rehabilitating, and reconstructing most routes on the Interstate system. No direct transit uses. Up to 50% of funds may be transferred to NHS, CMAQ, STP, HSIP, RTP, and/or HBRRP. Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.
Surface Transportation Program (STP) (23 U.S.C. 133)
Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways and bridges including construction or reconstruction necessary to accommodate other transportation modes. Capital costs of transit projects that are eligible under Ch. 53 of 49 U.S.C., including vehicles and facilities, publicly or privately owned, that are used to provide intercity bus service; carpool projects and fringe & corridor parking facilities; transit safety infrastructure improvements and programs; transit research, development and technology transfer; surface transportation planning programs; public transportation management systems under 23 U.S.C. 303. Up to 50% of the STP funds may be transferred to NHS, CMAQ, HSIP, IM, RTP, and/or HBRRP, except that funds suballocated under 23 U.S.C. 133(d)(3) for use in areas of a State may not be transferred to other 23 U.S.C. programs. May be administered by FHWA or may be transferred to FTA for transit projects eligible for STP funds under 23 U.S.C. 133(b).
Surface Transportation Program Transportation Enhancements Set-aside (TE) (23 U.S.C. 133(d)(2))
12 specific activities included in the definition of Transportation Enhancement Activities in 23 U.S.C. 101(a)(35). Although transit is not specifically mentioned in the list of 12 eligible TE activities, some of the eligible TE activities benefit transit. Up to 25% of the increase above the FY97 Transportation Enhancements or Safety amount may be transferred to NHS, CMAQ, IM, HSIP, RTP, and/or HBRRP. May be administered by FHWA or may be transferred to FTA for TE projects that benefit transit.
Highway Bridge Replacement and Rehabilitation (HBRRP) (23 U.S.C. 144)
Replace and rehabilitate deficient highway bridges and to seismically retrofit bridges located on any public road. No direct transit uses. Up to 50% of funds may be transferred to NHS, CMAQ, STP, IM, HSIP, and/or RTP.

Transfer of any HBRRP 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 determination (23 U.S.C. 144(g)(3)).

Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.
Construction of Ferry Boats & Ferry Terminal Facilities (23 U.S.C. 147)
Construction of ferry boats and ferry terminal facilities in accordance with section 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 transportation; (2) carry the greatest number of passengers and vehicles; or (3) carry the greatest number of passengers in passenger only service. Passenger ferry boats & terminal facilities. None May be administered by FHWA or may be transferred to FTA for transit projects eligible under 23 U.S.C. 147.
Highway Safety Improvement Program (HSIP) (23 U.S.C. 148)
To achieve a significant reduction in traffic fatalities and serious injuries on public roads. No direct transit uses. Up to 50% of HSIP funds apportioned under 23 U.S.C. 104 may be transferred to NHS, CMAQ, STP, IM, RTP, and/or HBRRP; the annual set-aside for 23 U.S.C. 130, Rail-highway crossings, may not be transferred. Must first be transferred to another 23 U.S.C. program that has transit eligibility before the funds may be transferred to FTA.
Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. 149)
Projects in nonattainment and maintenance areas that reduce transportation related emissions. Any transit capital projects and operating expenses for new services.

Funds may only be used in nonattainment and maintenance areas and projects must demonstrate an air quality benefit.

States without nonattainment or maintenance areas may use their minimum apportionment of CMAQ for any project in the State eligible under either CMAQ or STP.

Operating assistance is limited to new or expanded transportation services.

Operating assistance is limited to three (3) years.

An amount not to exceed 50 percent of the difference between the State's annual apportionment and the amount the State would have received if the CMAQ program was authorized at $1.35 billion for that year may be transferred to Up to 50% of funds may be transferred to NHS, STP, IM, HSIP, RTP, and/or HBRRP. Funds transferred to other title 23 programs must still be expended within the State's nonattainment or maintenance areas. May be administered by FHWA or may be transferred to FTA for transit projects eligible for CMAQ funds under 23 U.S.C. 149(b).
Federal Lands Highways Program (FLHP) (23 U.S.C. 204)
Coordinated program of public roads and transit 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

May be used for transit facilities within, adjacent, or providing access to public lands, national parks, national forests, refuge roads, and Indian reservations.

Refuge roads category funds may not be used for new construction and transit.

 None. May be administered by FHWA or may be transferred to FTA for transit projects eligible for FLH funds under 23 U.S.C. 204(h).
Recreational Trails Program (RTP) (23 U.S.C. 206)
Develop and maintain recreational trails and trail-related facilities for both nonmotorized and motorized recreational trail uses. No direct transit uses. Up to 50% of funds may be transferred to NHS, CMAQ, STP, IM, HSIP, and/or HBRRP, subject to approval of the State agency administering the RTP. Cannot be transferred to FTA.
Transportation, Community, and System Preservation Program (TCSP) (S-LU Sec. 1117, formerly TEA-21 Sec. 1221)
Provides funding for a comprehensive program to facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that:
  1. Improve the efficiency of the transportation system of the United States.
  2. Reduce the impacts of transportation on the environment.
  3. Reduce the need for costly future investments in public infrastructure.
  4. Provide efficient access to jobs, services, and centers of trade.
  5. Examine community development patterns and identify strategies to encourage private sector development
Transit projects that meet the purpose of the TCSP that are:
  1. Eligible under Title 49 U.S.C., Ch. 53.
  2. Transit activities relating to TCSP that the Secretary determines to be appropriate, including corridor preservation activities that are necessary to implement:
    1. Transit-oriented development plans,
    2. Traffic calming measures, or
    3. Other coordinated TCSP practices.
None. May be administered by FHWA or FTA. Although TCSP funds cannot be transferred, they may be allocated to FTA for eligible transit projects. [Revised 4/18/06]
Coordinated Border Infrastructure Program (CBIP) (S-LU Section 1303)
To improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico. Improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle movements (for highway or transit projects). None. Cannot be transferred to FTA.
Nonmotorized Transportation Pilot Program (S-LU Sec. 1807)
To demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within 4 identified communities. Sidewalks, bicycle lanes, and pedestrian and bicycle paths that connect directly to transit stations. None. Cannot be transferred to FTA.

Federal Transit Administration Programs

Primary Purpose Eligible Highway Categories Transfer Among Title 49 Programs Interagency Transfer Considerations
Metropolitan Planning Program (MPP) (49 U.S.C. 5305(d))
To carry out the metropolitan transportation planning process under 49 U.S.C. 5303. 23 U.S.C. 134 metropolitan transportation planning process None. May be transferred to FHWA at the request of the State DOT to be combined with 23 U.S.C. 104(f) metropolitan 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 the provisions of 49 U.S.C. sections 5304, 5306, 5315, and 5322. 23 U.S.C. 135 statewide transportation planning process. None. SPR funds for state planning may be transferred to FHWA at the request of the State DOT to be 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 Area Formula Grants (Section 5307)
Transit capital and planning assistance to urbanized areas with populations over 50,000 and operating assistance to areas with populations of 50,000 - 200,000.

In a Transportation Management Area, the MPO may elect to transfer portions of its FTA Section 5307 (Urbanized Area Formula Grants) 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). Funds apportioned to the Governor under Section 5307 may be transferred to the Nonurbanized Formula Program (Section 5311). FTA funds must be transferred to FHWA if they are to be used for highway purposes. Only funds in designated TMAs (urbanized areas with population 200,000 and greater) that cannot be used for operating assistance may be made available for highway projects.
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