1. 2013 TAP CONFERENCE MAP-21 FINAL GUIDANCE ODOT Office of Local Programs

2. National Transportation Alternatives Program Mission: o To improve our communities through leadership, innovation and program delivery. Vision: o Create safe, accessible, attractive and environmentally-sensitive communities where people want to live, work and recreate.

3. TAP FINAL GUIDANCE Issued by FHWA on 6/10/13 o Final guidance supersedes all previous guidance, including questions and answers, regarding the Transportation Alternatives Program

4. TAP NATIONAL FUNDING

5. MAP 21 and TAP o Consolidates Transportation Enhancements, Safe Routes to School and Recreational Trails Program. o Added Transportation Alternatives to 23 USC 133 Surface Transportation Program eligibility o Dedicated money: Cut Nearly 30% Nationwide o States have option to opt out of Recreational Trails Program 2013- Florida and Kansas 2014- Not yet confirmed o TA Funding is Use or Lose o Available for obligation for a period of 3 years after last day of fiscal year for which this funds are authorized. o Includes Recreational Trail funds.

6. Allocation of Funds

7. DISTRIBUTION OF TAP FUNDS o States are required to obligate funds in urbanized areas with populations over 200,000. o Does not require suballocation to individual local government entities, to MPOs with populations less than 200,000 or to other small urban areas. o Does not require suballocation to individual entities within areas of populations less than 5,000. o Does not require suballocation of any area funds. o MAP-21 requires the State to have a competitive process to allow eligible entities to submit projects for funding.

8. TRANSFER OF FUNDS o States may transfer up to 50% of TAP funds to other FHWA programs After RTP set-aside Not from the funds suballocated by populations o States may transfer funds to FTA for TAP eligible projects. In accordance with Chapter 59 of Title 49 and 23 U.S.C. 104 (f) o Projects eligible under TAP are generally eligible for STP Funds and STP Funds may be used for TAP projects without making a transfer. If a state funds a TAP eligible project with STP then STP provisions apply, not TAP provisions.

9. FEDERAL SHARE AND MATCHING FUNDS TAP o Matching funds 80/20 Recreational Trails o Matching funds 80/20 SRTS o Matching funds 80/20; however ODOT is currently using toll revenue credit for the required 20% match. Donation and credit provisions are 49 CFR 18:24; however at this time donation and credit provisions are not utilized by ODOT.

10. COMPETITIVE SELECTION PROCESS o Consistent with other Federal- aid highway programs, TAP funds are administered by the State Department of Transportation. Therefore it is the states responsibility to ensure competitive processes are being established/used. o TAP funds must be used for eligible projects that are submitted by eligible entities and chosen through a competitive process. FHWA does not establish minimum standards or procedures for competitive processes. o RTP funds must use a competitive selection process and in Ohio is administered by ODNR. o ODOT requires the Large and Small (not participating in the Statewide TA program) MPOs to established their TAP competitive selection process.

11. ELIGIBLE PROJECTS o Transportation Alternatives projects as defined o 23 U.S.C. 101(a)(29) (MAP-21 §1103 o Recreational Trails Program o Safe Routes to School o Planning, construction of Boulevards

12. ELIGIBLE PROJECTS Key Components to determining eligibility 1.Must relate to surface transportation or recreational trails. 2.Must fit within the TAP definitions. 3.Must be sponsored by one or more eligible entities. 4.Must be selected through a competitive process.

13. ELIGIBLE SPONSORS Under 23 U.S.C. 213 (c)(4)(B), the Eligible Entities to receive TAP funds are: o Local Governments; o Regional transportation authorities; o Transit agencies; o Natural resource or public land agencies; o School districts, local educations agencies or schools; o Tribal governments; and o Any other local or regional governmental entity with the responsibility for oversight of transportations or recreational trails (other than a MPO or a State agency).

14. NON ELIGIBLE SPONSORS o State DOTs and MPOs may not apply for TAP funds however, they may partner with an eligible entity to carry out a project. o Nonprofit organizations are not eligible as direct recipients for TAP funds o Unless the nonprofit is a designated transit agency or a school. o Nonprofits are also eligible to partner with any eligible entity on a TAP project, if State or local requirements permit. o The Recreational Trails Program (RTP) set-aside funds retain the RTP eligible project sponsor provisions under 23 U.S.C. 206. (23 U.S.C. 213(f)(3))

15. ELIGIBLE PROJECTS Transportation Alternatives as defined: Bike and Pedestrian o Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 o Sidewalks o Bicycle infrastructure, capital costs of bike share expenses, bike lanes, bike and pedestrian signals, etc. o Traffic calming o Lighting and other safety-related infrastructure

16. ELIGIBLE PROJECTS Safe Routes for Non Drivers o Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non- drivers, including children, older adults, and individuals with disabilities to access daily needs o Another bike and pedestrian category focusing on safe routes. Includes access to transit. Rails to Trails o Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. o Has not changed from TE

17. ELIGIBLE PROJECTS Turnouts, Overlooks and Viewing areas Construction of turnouts, overlooks, and viewing areas. o definitions of overlooks and rest areas are located at 23 CFR 752.6 & 23CFR 752.5 Community Improvement Activities Community improvement activities, which include but are not limited to: o inventory, control, or removal of outdoor advertising; o historic preservation and rehabilitation of historic transportation facilities; o vegetation management practices in transportation rights- of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and o archaeological activities relating to impacts from implementation of a transportation project eligible under title 23.

18. ELIGIBLE PROJECTS Environmental Mitigation o ANY environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to- o address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329 of title 23; or o reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats. o Must meet all 4 eligibility requirements.

19. ELIGIBLE PROJECTS Recreational Trails The term recreational trail means a thoroughfare or track across land or snow, used for recreational purposes such as o pedestrian activities, including wheelchair use; o Skating or skateboarding; o Equestrian activities, including carriage driving; o Nonmotorized snow trail activities, including skiing; o Bicycling or use of other human-powered vehicles o Aquatic or water activities; o Motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks or use of other off road motorized vehicles.

20. ELIGIBLE PROJECTS Recreational Trails (cont) o maintenance and restoration of existing recreational trails; o development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails; o purchase and lease of recreational trail construction and maintenance equipment; o construction of new recreational trails o acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; o assessment of trail conditions for accessibility and maintenance; o development and dissemination of publications and operation of educational programs to promote safety and environmental protection

21. ELIGIBILITY PROJECTS Boulevards from Divided Highways o Conversion of Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways Safe Routes to School o Infrastructure Projects o Non Infrastructure Projects o SRTS Coordinator

22. UNELIGIBLE TAP PROJECTS o Pedestrian and Bicycle Safety Is eligible under STP o Acquisition of scenic sites o Preservation of historic NON transportation facilities o Transportation museums o State or MPO administrative costs o Promotional activities except SRTS o General rec and park facilities- playground equipment, spray grounds, campgrounds, sports fields picnic areas etc. o No routine maintenance

23. TREATMENT OF PROJECTS o Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway. (Regardless of whether the projects are located within the right of way of a Federal aid highway. Requirements include: Project agreements Federal Authorization Prevailing wage rates (Davis-Bacon) Buy America Competitive Bidding Planning Provisions NEPA Right of Way Waivers (proprietary, Buy America etc.)

24. TREATMENT OF PROJECTS o Recent changes o Buy America – provision for manufactured products Key Thoughts Some eligible subgrantees may include partners at the community level who may not be familiar with title 23 requirements. It is important that the State fully inform potential subgrantees of these Federal requirements ahead of time. Some subgrantees may wish to seek a lead sponsor such as a public works department that has experience with Federal construction contracts in general, and title 23 in particular.

25. Resources and Links Final Guidance http://www.fhwa.dot.gov/environment/transportation_alternatives/guidance/ Resources for Competitive Selection Process http://www.ta-clearinghouse.info/publications