1. Federal Transportation Funds Benefit Recreation
Christopher Douwes, Federal Highway Administration

2. Who is FHWA?
The Federal Highway Administration (FHWA), part of the US Department of Transportation, provides expertise, resources, and information to improve the nation's highway system and its intermodal connections.
The Federal-Aid Highway Program provides financial assistance to the States to construct and improve the National Highway System, other roads, bridges, and trails.
The Federal Lands Highway Program provides access to and within national forests and parks, Indian reservations, and other public lands by preparing plans, letting contracts, supervising construction, and inspecting bridges.
FHWA conducts and manages a comprehensive research, development, and technology program.

3. FHWA Funds for Pedestrian and Bicycle Projects and Trails
Pedestrian and bicycle projects are eligible for every major Federal-aid funding category.
$790 million in FY 2011 (just under 2% of highway funds).
Pedestrians and bicyclists are 14% of highway fatalities.
American Recovery and Reinvestment Act raised funds to just over $1 billion annually in fiscal years 2009 and 2010.
The Federal Surface Transportation Program is the largest fund source for shared use paths and trails.
About $200 to $300 million/year for trails, including $70 to $90 million/year for recreational trails.
See:
Bicycle and Pedestrian Funding: Funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act) raise funding to over $1 billion for FY 2009 and 2010.
Transportation Enhancement Funding:
Recreational Trails Program Funding:
NOTE: Over the life of the TE Activities, about one-third of TE project funding has been obligated for shared use paths, rail-trails, and other transportation trails. For more information, see Transportation Enhancements: A Summary of Nationwide Spending at

4. Federal-Aid Highway Program Funding for Pedestrian and Bicycle Facilities and Programs FY 1992 to 2011 (Millions of Dollars)
See:
Bicycle and Pedestrian Funding: Funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act) raised funding to over $1 billion for FY 2009 and 2010.
Transportation Enhancement Funding:
Recreational Trails Program Funding:
NOTE: Over the life of the TE Activities, about one-third of TE project funding has been obligated for shared use paths, rail-trails, and other transportation trails. For more information, see Transportation Enhancements: A Summary of Nationwide Spending at
The Highway Safety Improvement Program (HSIP) provided $5.9 million for pedestrian and bicycle safety projects, or 0.35% of the $1.7 billion obligated in FY 2011 HSIP funds. Pedestrians and bicyclists are 14% of highway fatalities. See the League of American Bicyclists Report [

5. Key Programs for Trail Projects
Federal Lands Highway Program
Surface Transportation Program
Transportation Enhancement Activities
Congestion Mitigation and Air Quality
National Scenic Byways Program
Recreational Trails Program
Safe Routes to School Program
High Priority Projects
TE and RTP can support Youth Corps
Several trail projects have been funded through the “High Priority Projects” and through earmarks to discretionary programs.

6. Federal Lands Highway Program
Provides access to and within Federal lands.
Project decisions made by the Federal land management agencies in coordination with local governments.
Trails are eligible for funding; agencies have put higher priority on highway access and safety projects.
Emphasis on pedestrian safety.
See

7. Federal-Aid Highway Program Funds for Trails
Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Highway Safety Improvement Program (HSIP), and Safe Routes to School (SRTS).
Broad range of eligible projects: from highway construction to pedestrian and bicycle projects and transportation trails.
SRTS projects are eligible within about 2 miles of elementary and middle schools, and may include trails.
CMAQ projects must benefit air quality; may be used as STP in States with no nonattainment areas.
Pedestrian/bicycle/trail projects using STP or CMAQ funds may be located anywhere. While 23 U.S.C 133(c) requires most STP projects to be located within Federal-aid highway rights-of-way, it exempts bicycle and pedestrian projects and safety projects from the highway requirement. The Secretary of Transportation issued an exemption for Transportation Enhancements projects.
See STP Legislation:
See TE Exception:
Pedestrian/bicycle/trail projects using HSIP or SRTS funds also can be located anywhere:
* HSIP: 23 U.S.C. 148(d)(1)(A)
* SRTS: SAFETEA-LU §1404(f)(1)(B)
Planning Process. Projects must be consistent with metropolitan and statewide transportation plans. Prior to funding, projects must be included in a metropolitan area’s Transportation Improvement Program (TIP) [if in a metropolitan area] and the Statewide Transportation Improvement Program (STIP).
Earmarks. The best way to get funding for a project is to go through the normal application process through the metropolitan planning organization (if in a metropolitan area) and the State. Project sponsors that obtain earmarks generally work outside the normal process, which makes the process more difficult for everybody else. Many earmarked projects end up “bumping” other eligible projects that may have been of higher priority for a community or for the State. Some States “punish” communities that receive earmarks; that is, if a community receives an earmark for one project, then the State may decide not to fund other projects that normally would have been funded. Some States delay earmarked projects, so that the sponsor may have obtained a completed project sooner by going through the normal process.

8. National Scenic Byways Program
Designates All American Roads and National Scenic Byways: America’s BywaysTM
Discretionary program rises from $26.5 m in FY 2005 to $43.5 m in FY
Funds for designated byways.
Program info, see
Traveler info, see
Vista House, Crown Point, Historic Columbia River Highway, Oregon. This project used a combination of Federal Lands Highway Program, Transportation Enhancement, and National Scenic Byways Funds. See

9. Eligible Scenic Byways Projects
Plan, design, develop State byway program.
Corridor management plans.
Safety improvements to byways.
Enhance recreation access.
Protect scenic, historic, recreation, cultural, natural, archaeological resources adjacent to a scenic byway.
Develop and provide tourist information.
Develop and implement a marketing program.
Program:
Travelers:
America’s Byways Resource Center:

10. Transportation Enhancement Activities
Transportation Enhancement (TE) activities expand transportation choices and enhance the transportation experience through 12 eligible TE activities related to surface transportation.
Funding: 10% of STP (including Equity Bonus thru STP): more than $800 million per year ( ); $927 million in FY 2011, extended into FY 2012.
The future of TE is very uncertain.
Surface Transportation Surface transportation means all elements of the intermodal transportation system, exclusive of aviation. For the purposes of TE eligibility, surface transportation includes water as surface transportation and includes as eligible activities related features such as canals, lighthouses, and docks or piers connecting to ferry operations, as long as the proposed enhancement otherwise meets the basic eligibility criteria.
Funds:

11. Transportation Enhancement Activities TE projects must relate to surface transportation and be eligible under one or more of 12 Eligible Categories:
Pedestrian and bicycle facilities
Pedestrian and bicycle safety and education
Scenic or historic easements and sites
Scenic or historic highway programs
Landscaping and scenic beautification
Historic preservation
Historic transportation buildings, structures, or facilities
Rail-trail conversions
Inventory, control, and removal of outdoor advertising
Archaeological planning and research
Mitigate highway water pollution and wildlife mortality
Transportation museums
See more details at

12. Transportation Enhancement Activities
Administered by State DOTs.
Each State has its own project application and selection process.
States requirements may be stricter than the Federal requirements.
States are encouraged to use Youth Corps.
Program info:
The National Transportation Enhancements Clearinghouse (NTEC) has project examples and State contacts:
The National Transportation Enhancements Clearinghouse provides technical assistance for TE:
The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See

13. How does TE project funding work?
Project sponsors apply to their State DOT.
Project sizes vary in each State: some have minimum and/or maximum amounts.
Reimbursable cost share program (not up-front except for case-by-case working capital basis):
23 U.S.C. 132 allows up-front transfers to Federal agencies.
23 U.S.C. 133(e)(3) has an advance payment option.
In general: 80% Federal share / sliding scale, with some flexibility (23 U.S.C. 133(e)(5)(C)).
States must keep the aggregate non-Federal not less than their share under 23 U.S.C. 120(b) (80%/sliding scale).
States may allow funds from Federal agencies to match TE funds, but this conflicts with a requirement for States to meet their programmatic Federal share.
States may allow a programmatic match.
States may allow individual projects up to a 100% Federal share.
See

14. Rail-trails: Osage Prairie Trail, Tulsa OK
TE Project Examples
Rail-trails: Osage Prairie Trail, Tulsa OK
Canal Parks: Canal Boats in the Turning Basin, Richmond VA
Riverwalks: Tennessee Riverwalk, Chattanooga TN
Source: National Transportation Enhancements Clearinghouse project library:

15. TE Project Examples Rail-trails and canal trails:
Farmington Canal Linear Park,
Cheshire CT.
(Cheshire Historical Society)
Trails and Wildlife Corridors:
Stevens Creek Trail and Wildlife Corridor, Mountain View, CA
More examples:
Program info:
Source: National Transportation Enhancements Clearinghouse project library:

16. Some TE Issues TE projects must relate to surface transportation.
General park projects (parkland acquisition, sports fields, picnic areas, playgrounds, general park amenities, etc.) are not eligible.
TE projects must meet accessibility requirements.
Project sponsors must include various interest groups in the planning and project development process: equestrians and other trail users, historic preservation advocates, etc.
Nothing in Federal law or regulation requires trails to be paved.
Nothing in Federal law or regulation prohibits equestrian use.
FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails.
USDOT encourages States to use Youth Corps on TE projects, but few States use them.
States should ensure that they choose high quality projects that clearly relate to surface transportation.
The TE Activities have a lot of opposition, with claims that TE projects divert Federal Highway Trust Fund money away from essential highway projects by funding “frivolous” projects that don’t benefit transportation. Attacks continue to the present, such as the Out of Gas report from July 2009 ( [see Historical Notes below]. The attackers often use selective facts, and ignore the transportation, community, economic, and safety benefits of most TE projects. However, TE Projects that don’t benefit surface transportation are easy targets for people who oppose the TE Activities.
Although TE projects must relate to surface transportation, nothing in Federal law prohibits TE funded trails from allowing recreational use. The restriction in 23 U.S.C. 217(i) requiring principally a transportation purpose only applies only bicycle projects, not to other uses. However, recreational park amenities are not eligible because they don’t relate to or benefit transportation.
Accessible trails must have a firm and stable surface, but this does not necessarily require paving. It is also possible to have dual tracks: one accessible (firm and stable) track, and one soft surface track. See
The planning and project development processes require open public involvement for all possible stakeholders. Equestrians, mountain bicyclists, snowmobilers, historic preservation advocates, and others have a right to participate in any trail or highway project development process.
See Equestrian and Other Nonmotorized Use on Bicycle and Pedestrian Facilities at States may have more restrictive requirements. Project sponsors can limit uses based on safety considerations.
FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails and Pedestrian Walkways under 23 U.S.C. §217. See
FHWA encourages States to use Youth Corps on TE projects. See for examples. The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See
Historical Notes: Congressional action specific to TE funding.
House of Representatives proposal to eliminate TE funds in Summer 2003: Failed:
Senate proposal to cut TE funds on May 17, 2005: Failed
Senator Coburn proposed three amendments to the FY 2010 Transportation, Housing and Urban Development appropriations bill on September 15, 2009:
S. Amendment 2370 would have prohibited funding for TE if the Highway Trust Fund does not contain amounts sufficient to cover unfunded highway authorizations (and the Fund is bankrupt). Amendment withdrawn.
S. Amendment 2371 would have allowed States to opt out of the 10% set aside rule (10% of STP for TE). VOTED DOWN, 39 yes, 59 no votes. The amendment title stated "opt out", but the text was "None of the funds made available by the Act may be used to implement section 133(d)(2) of title 23, United States Code." This would have prevented any State from funding any TE projects with FY 2010 funds.
S. Amendment 2372 would have stated that none of the funds made available by this Act may be used for a museum. VOTED DOWN, 41 yes, 57 no votes.
There were several attacks in Summer/Fall 2011, with attempts to eliminate using any USDOT funds for some TE-eligible activities.
The Senate proposal announced in November 2011 would eliminate specific funding for TE, and dilute it with other eligibilities, including calling any environmental mitigation a transportation enhancement. See

17. Using Federal Funds
If you use Federal funds, there are Federal requirements.
Highway requirements: Competitive bidding, prevailing rate of wage, engineered designs, safety.
Environmental: NEPA; archaeological, cultural, and historic; nondiscrimination; endangered species; public involvement; watersheds and wetlands, etc.
Planning requirements: Statewide and metropolitan transportation improvement programs.

18. Recreational Trails Program
Funds to develop and maintain recreational trails for all trail uses.
Only FHWA program to support routine maintenance
$85 m in FY 2009 & 2010; $97 m in FY 2011.
Funds distributed by formula to States: see
Represents a portion of the Federal motor fuel excise tax paid by OHV users.
States solicit and select projects for funding.
States are encouraged to use Youth Corps.
See
Recreational Trails Program Funding:
FHWA encourages States to use Youth Corps on RTP projects. FHWA and the Corps Network developed Conservation Corps and Transportation: Making the Connection in 2008 to encourage States and Youth Corps to work better together. See

19. RTP Eligible Projects
Maintain and restore existing trails (and bridges).
Develop and rehabilitate trailside and trailhead facilities.
Purchase and lease trail construction and maintenance equipment.
Construct new trails (limits on Federal lands).
Acquire easements or property for trails (willing seller only: Condemnation is prohibited).
Trail assessments for accessibility and maintenance.
Trail safety and environmental protection education.
State administrative costs.

20. RTP Partnerships
Each State has a State Trail Committee to assist with the program.
Committees represent both nonmotorized and motorized recreational trail users.
The committees help trail groups cooperate and communicate with each other.
Partnerships lead to better projects, and better maintained trails.

21. RTP Partnerships Through the RTP, FHWA works with:
Federal Interagency Council on Trails.
National Trails Training Partnership to develop trail training:
Federal Interagency trail training course.
National Trails Day – first Saturday of June: see
National Scenic and Historic Trails.
US Forest Service Technology and Development Centers to provide trail publications to the public:

22. RTP Partnerships National conferences for trail organizations.
US Access Board, US Forest Service, and others to develop trail accessibility guidelines: see and
OHV, Mountain Bike, and Equestrian groups to develop trail design and management manuals.
Snowmobile and OHV safety and ethics information.
Coalition for Recreational Trails for the RTP Database:
Many trail related publications are available at
American Trails has an extensive resources library at

23. RTP Project Examples
High Bridge Park, New York City: Inner-city kids benefit the most from this urban mountain bike trail.
Boundary Canal Trail, Palm Bay FL, part of the South Brevard Linear Trail plan, a 22-mile multi-use path through the southeastern end of the county.
From the Coalition for Recreational Trails Annual Achievement Awards:

24. RTP Project Examples
Urban Off Highway Vehicle Park: River Valley OHV Park, Council Bluffs IA, across the Missouri River from Omaha NE, off US 275.
OHV riding area parking lot.
River Valley Trail Riders
Council Bluffs IA.
Top photo: From the Nebraska Department of Roads, to document US 275 bridge reconstruction. The River Valley OHV Park is on the Iowa (east) side (to the right).
Bottom photo: River Valley Trail Riders, Council Bluffs IA. The new OHV parking lot was constructed using Highway Bridge Program funds as mitigation for taking the old parking lot for the new bridge. RTP funds were used for the trails.

25. RTP Project Examples
Oregon integrates recreational trails and transportation facilities: Portland Esplanade
Trails connect parks and recreation in urban cores: MKT Trail, Columbia MO
From the Coalition for Recreational Trails Annual Achievement Awards:

26. Who can sponsor a project?
Federal agencies (restrictions in a few States)
Tribal government agencies
State agencies
Local agencies: county, city, town, township, borough, school, water/sewer district, etc.
Nonprofit organizations (many States)
For profit organizations (a few States)
Project sponsors are encouraged to use qualified youth conservation or service corps.

27. How does project funding work?
Project sponsors apply to their State.
Project sizes vary in each State: some have minimum and/or maximum amounts.
Reimbursable cost share program (not up-front except for case-by-case working capital basis). 23 U.S.C. 132 allows up-front transfers to Federal agencies.
In general: 80% Federal share / sliding scale.
Flexibilities for Federal agency project sponsors.
RTP may match / be matched by other Federal funds.
RTP Federal Share and Matching Requirements:
In general: 80% Federal share / sliding scale.
Federal project sponsors may provide an additional Federal share up to 95% Federal.
Funds from Federal programs can match RTP funds.
RTP Funds may match other Federal funds.
States may allow a programmatic match.

28. How do I get funds for my project?
Contact your State RTP or TE Administrator: see or
Develop a workable, realistic project.
Get public support.
Develop funding sources and donations.
Consider youth corps involvement.
Youth Corps: Seek project sponsors. See / Policy / Transportation.
Develop a good design: consider the trail setting, community benefits, user needs, and accessibility.
The Corps Network developed a publication entitled Conservation Corps and Transportation: Making the Connection. (with FHWA support) to help States and Youth Corps work better together. See
See Manuals and Guides for Trail Design, Construction, Maintenance, and Operation, and for Signs at

29. How do I get funds for my project?
Consider potential problems:
Environmental impacts: wetlands, endangered species, archaeological impacts, etc.
Permits
Public opposition: liability, property rights, safety, environmental impact.
Complete the project application completely.
If approved, get to work!
Submit an invoice if you want to get paid!
Complete the project application completely.
Fully explain what the project will involve.
Include detailed cost estimates so that the reviewer can fully understand specific cost items, not only an overall cost “guesstimate”. Make sure the numbers add up correctly.
Make sure your project match is eligible, incorporated into the project, and readily available.
Be honest! Don’t try to cover up potential problems such as impacts on environmental, historic, or cultural resources, hazardous waste, design constraints, etc. It is better to be aware of problems and mitigate them correctly, rather than potentially lose the whole project.
Make sure you have sufficient title or easement rights. Property right interests must comply with the Uniform Act: see
Check your proposal before submitting, and make sure all sections are complete and accurate. A well-written, grammatically correct, and fully complete proposal is easier to read and evaluate, and an accurate application often indicates the ability to complete a quality project.
Do not begin work prior to Federal approval to proceed. Costs incurred prior to Federal approval cannot be reimbursed.
However, please remember that project reviewers have limited time available to review your application. Provide the essential information necessary to determine if your project is eligible and beneficial. But please don’t include information that is not relevant or necessary. Do not include:
Historical anecdotes that don’t directly relate to the project.
Copies of supplemental reports that are not necessary to support the application.
Costs and proposals for items that are not eligible or relevant: this may result in rejecting your entire project.
Don’t “pad” costs and don’t “pad” donations or match: this may result in rejecting your entire project.
Please don’t start letter writing campaigns in support of the application. A few select letters of support may be helpful from key elected officials or high ranking decisionmakers--if required in the application process. But spam-style letter writing campaigns that don’t provide useful information for the reviewer may only aggravate the reviewers.
After project approval:
Get to work! States will rescind funds from projects that don’t move forward, because funds expire if not used.
Only perform work that is approved in the project agreement. If changes are needed, you must work with your State, and you may need Federal approval to amend the project agreement.
You must submit an invoice if you want to get paid.
You must not charge for ineligible items.
You must not charge for work not covered in the project agreement.
When the project is complete, make sure the State initiates project close out procedures.

30. Federal Highway Program Update
The Federal Surface Transportation Program has been extended thru March 2012.
National Surface Transportation Policy and Revenue Study Commission:
House Transportation & Infrastructure Committee:
Senate Environment and Public Works:
Many interest groups have opinions on Federal-aid highway program authorization: air quality, bicyclists, climate change, ecosystems, environment, freight, pedestrians, safety, safe routes to school, trails, wetlands, wildlife, etc., and organizations with positions on government activity and taxation policy.
Surface Transportation (Re)Authorization: Resources and Comments for Trails and Transportation Enhancements
September 2009
Several organizations have thoughts about surface transportation authorization considerations related to trails and transportation enhancement activities. The list below focuses on viewpoints of interest to pedestrian, bicyclist, trail, and transportation enhancement advocates.
Disclaimer: This is not a comprehensive list. The links reflect the views of these organizations. Providing these links does not represent endorsement by the U.S. Department of Transportation.
Federal Highway Administration: Draft Ideas for Consideration
FHWA Summary from trail and enhancement related conferences:
Recreational Trails Program Ideas to Consider for Authorization (draft):
Transportation Enhancement Activities Ideas to Consider for Authorization (draft):
National Organizations
National Surface Transportation Policy and Revenue Study Commission:
House Transportation & Infrastructure Committee:
Senate Committee on Commerce, Science, and Transportation:
Senate Environment and Public Works:
Senator Coburn, Out of Gas Report, July 2009:
Bipartisan Policy Center: Performance Driven: A New Vision for New Transportation Policy:
American Association of State Highway and Transportation Officials (represents State DOTs):
American Highway Users Alliance:
Association of Pedestrian and Bicycle Professionals:
Centers for Disease Control and Prevention:
League of American Bicyclists: This has links to many different opinions.
Surface Transportation Policy Partnership:
Transportation for America, T4 America Campaign:
Topics
Active Transportation: Rails-to-Trails Conservancy:
Bicyclists: Alliance for Biking and Walking: America Bikes: Bike Belong: League of American Bicyclists:
Climate Change / Smart Growth:
Health: American Public Health Association: click on At the Intersection of Public Health and Transportation: Promoting Healthy Transportation Policy, and click on CDC Recommendations
Pedestrians: America Walks:
Safe Routes to School: National Center for Safe Routes to School:
Safe Routes to School National Partnership:
Trails: American Trails:
Transit: American Public Transportation Association:
Wildlife: Defenders of Wildlife:

31. Additional Resources
TE Guidance:
RTP Guidance:
Trail Design resources:
USDA Forest Service Trail Publications:

32. For more information:
State RTP Administrator contacts:
State TE Manager contacts:
National RTP and TE oversight:
Christopher Douwes
Trails and Enhancements Program Manager
; fax