[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73116-73117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33807]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Transportation Equity Act for the 21st Century (TEA-21); Final
Implementation Guidance for Transportation Enhancement Activities
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of availability of final guidance.
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SUMMARY: This document provides notice of the availability of final
implementation guidance on the transportation enhancements (TE)
provisions of the Federal-aid program administered by the FHWA. This
guidance provides information and assistance to the States and local
agencies in the delivery of the TE program, and includes amendments
made by the Transportation Equity Act for the 21st Century (TEA-21).
FOR FURTHER INFORMATION CONTACT: Mr. Harold Peaks, Community Impacts
and Transportation Enhancements Team Leader, HEPH, (202) 366-1598; or
Mr. S. Reid Alsop, Office of the Chief Counsel, HCC-31, (202) 366-1371,
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded by using a
computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at: http://www.nara.gov/fedreg and the Government Printing
Office's database at: http://www.access.gpo.gov/nara.
Availability of Final Guidance
A copy of the final TE guidance may be obtained by calling (202)
366-0106 or may be viewed at the FHWA's web page as follows: http://
www.fhwa.dot.gov/environment/te__final.htm
Background
On June 9, 1998, President Clinton signed into law the TEA-21,
Public Law 105-178, 112 Stat. 107. The legislation includes
improvements and changes to the TE program administered by the FHWA.
The interim guidance on TE was issued on June 17, 1999. To obtain a
copy of this guidance, please contact the FHWA, Office of Human
Environment, at 202-366-0106. We have not received many substantive
comments on the interim guidance. However, a number of general comments
were obtained through participants' discussions at the National
Transportation Enhancements Coordinators meeting, held in Pittsburgh on
June 22-23, 1999. The comments include topics such as user fees,
linkage to scenic or historic sites, value of donations, local match,
and military transport. The comments received are reflected in the
questions and answers developed and made a part of the final TE
guidance. The list of questions and answers assist in clarifying
specific sections where issues have been brought to the attention of
the FHWA. These questions and answers are among the more common
questions raised by enhancement coordinators, project proponents, and
interest groups. The expectation is that the list of questions and
answers will remain fluid, and additional questions and answers will be
added to the list as appropriate.
The final guidance, issued on December 17, 1999, supersedes two
guidance memorandums issued by the FHWA: ``Transportation Enhancement
Activities,'' dated April 24, 1992, and ``Eligibility of Historic
Preservation Work for Transportation Enhancement Funding,'' dated June
6, 1995.
The final guidance does not attempt to address all the possible
questions that have been or could be raised concerning transportation
enhancements. The guidance, however, provides further information
concerning the process of determining whether or not activities qualify
for TE set-aside funds.
Much of this final guidance focuses particularly on the provisions
related to TE activities added or amended by the TEA-21. It also
provides brief summaries of relevant information detailed in other
related guidance memoranda. It does not seek to replace these memoranda
where they remain current and the information valid.
Among the key changes reflected in this final implementation
guidance are the following:
1. Congress provided that TE activities must ``relate to surface
transportation.'' This makes clear that TE projects are to have a
relationship to surface transportation;
2. New categories of TE activities added by the TEA-21 are
discussed; and
3. Innovative financing opportunities are provided by the TEA-21
and their program implications are discussed.
The TEA-21 continued the provision in 23 U.S.C. 133(d)(2) requiring
10 percent of the Surface Transportation Program (STP) funds be set-
aside and be available only for TE activities. The specific language
reads:
(2) For transportation enhancement activities.--10 percent of the
funds apportioned to a State under section 104(b)(3) for a fiscal year
shall only be available for transportation enhancement activities.
Section 1201 of the TEA-21 amends 23 U.S.C. 101(a)(35) which
defines TE activities. Also, the TEA-21 amends 23 U.S.C. 134(h) and 23
U.S.C. 135(f); but continues to specify in 23 U.S.C. 135(f)(2)(G) that
the statewide transportation improvement program shall reflect the
priorities for programming and expenditure of funds, including
transportation enhancements. This document provides guidance concerning
the interpretation of the TE provisions and their implementation.
[[Page 73117]]
The list of qualifying TE activities provided in 23 U.S.C.
101(a)(35) of the TEA-21 is intended to be exclusive, not illustrative.
That is, only those activities listed therein are eligible as TE
activities. They are listed below (Items listed in italics are those
added by TEA-21):
TE Activities Defined--
1. Provision of facilities for pedestrians and bicycles.
2. Provision of safety and educational activities for pedestrians
and bicyclists.
3. Acquisition of scenic easements and scenic or historic sites.
4. Scenic or historic highway programs (including the provision of
tourist and welcome center facilities).
5. Landscaping and other scenic beautification.
6. Historic preservation.
7. Rehabilitation and operation of historic transportation
buildings, structures, or facilities (including historic railroad
facilities and canals).
8. Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
9. Control and removal of outdoor advertising.
10. Archaeological planning and research.
11. Environmental mitigation to address water pollution due to
highway runoff or reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity.
12. Establishment of transportation museums.
Many projects are a mix of elements, some on the list and some not.
Only those project elements which are on the list may be counted as TE
activities. For example, a rest area might include a historic site
purchased and developed as an interpretive site illustrating local
history. The historic site purchase and development could qualify as a
transportation enhancement activity.
Activities which are not explicitly on the list may qualify if they
are an integral part of a larger qualifying activity. For example, if
the rehabilitation of a historic railroad station required the
construction of new drainage facilities, the entire project could be
considered for TE funding. Similarly, environmental analysis, project
planning, design, land acquisition, and construction enhancement
activities are eligible for funding.
The funded activities must be accessible to the general public or
targeted to a broad segment of the general public.
Authority: 23 U.S.C. 315; and 49 CFR 1.48.
Issued on: December 22, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-33807 Filed 12-28-99; 8:45 am]
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