(A) General.
(1) Federal funding is primarily distributed through a number of different programs established by the Federal Transportation Act. The latest act, The Safe, Accountable, Flexible, Efficient Transportation Equity Act - a Legacy for Users (SAFETEA-LU) was enacted in August 2005 as Public Law 109-59. SAFETEA-LU authorizes Federal surface transportation programs for highways, highway safety, and transit for the five-year period 2005 to 2009.
(2) In Oregon, federal funding is administered through state (ODOT) and regional planning agencies. Most, but not all, of these funding programs are oriented toward transportation versus recreation, with an emphasis on reducing auto trips and providing inter-modal connections. Federal funding is intended for capital improvements and safety and education programs and projects must relate to the surface transportation system.
(B) SAFETEA-LU. There are a number of programs identified within SAFETEA-LU that provide for the funding of bicycle and pedestrian projects.
(1) Surface Transportation Program.
(a) The Surface Transportation Program (STP) provides states with flexible funds which may be used for a variety of projects on any federal-aid highway including the National Highway System, bridges on any public road and transit facilities.
(b) Bicycle and pedestrian improvements are eligible activities under the STP. This covers a wide variety of projects such as on-street facilities, off-road trails, sidewalks, crosswalks, bicycle and pedestrian signals, parking and other ancillary facilities. SAFETEA-LU also specifically clarifies that the modification of sidewalks to comply with the requirements of the Americans with Disabilities Act (ADA) is an eligible activity.
(c) As an exception to the general rule described above, STP-funded bicycle and pedestrian facilities may be located on local and collector roads which are not part of the federal-aid highway system. In addition, bicycle-related non-construction projects, such as maps, coordinator positions, and encouragement programs, are eligible for STP funds. ODOT estimates that they will receive an average of $84 million annually for this program through the lifetime of SAFETEA-LU.
(2) Highway Safety Improvement Program. This program funds projects designed to achieve significant reductions in traffic fatalities and serious injuries on all public roads, bikeways and walkways. This program includes the Railway-Highway Crossings Program and the High Risk Rural Roads Program. ODOT estimates that they will receive an average of $14 million annually for this program through the lifetime of SAFETEA-LU. This program replaces the Hazard Elimination Program from TEA-21.
(3) Transportation Enhancements. Administered by ODOT, this program is funded by a set-aside of STP funds. Ten percent of STP funds are designated for Transportation Enhancement Activities (TEAs), which include “provision of facilities for pedestrians and bicycles, provision of safety and educational activities for pedestrians and bicyclists” and the “preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian and bicycle trails”
(4) Congestion Mitigation/Air Quality Program.
(a) The Congestion Mitigation/Air Quality Improvement Program (CMAQ) provides funding for projects and programs in air quality non-attainment and maintenance areas for ozone, carbon monoxide and particulate matter which reduce transportation related emissions.
(b) These federal funds can be used to build bicycle and pedestrian facilities that reduce automobile travel. Recreational facilities generally are not funded. ODOT estimates that they will receive an average of $14 million annually for this program through the lifetime of SAFETEA-LU.
(5) Recreational Trails Program.
(a) The Recreational Trails Program of the Federal Transportation Bill provides funds to states to develop and maintain recreational trails and trail-related facilities for both non-motorized and motorized uses. Examples of trail uses include hiking, bicycling, in-line skating and equestrian use. These funds are available for both paved and unpaved trails, but may not be used to improve roads for general passenger vehicle use or to provide shoulders or sidewalks along roads.
(b) Recreational Trails Program funds may be used for:
1. Maintenance and restoration of existing trails;
2. Purchase and lease of trail construction and maintenance equipment;
3. Construction of new trails, including unpaved trails;
4. Acquisition or easements of property for trails;
5. State administrative costs related to this program (limited to 7% of a state’s funds); and
6. Operation of educational programs to promote safety and environmental protection related to trails (limited to 5% of a state’s funds).
(6) Safe Routes to School (SR2S). Under the SR2S Program, federal funds are administered by ODOT. Under the Oregon Safe Routes to School Program, approximately $3.7 million will be available for grants between 2006 and 2010. The grants can be used to identify and reduce barriers and hazards to children walking or bicycling to school. ODOT estimates that they will receive an average of $1.37 million annually for this program through the lifetime of SAFETEA-LU.
(7) New freedom initiative. SAFETEA-LU creates a new formula grant program providing capital and operating costs to provide transportation services and facility improvements that exceed those required by the Americans with Disabilities Act.
(C) Community development block grants. The Community Development Block Grants program provides money for streetscape revitalization, which may largely consist of pedestrian improvements. Federal Community Development Block Grant grantees may “use Community Development Block Grants funds for activities that include (but not limited to): acquiring real property; reconstructing or rehabilitating housing and other property; building public facilities and improvements, such as streets, sidewalks, community and senior citizen centers and recreational facilities; paying for planning and administrative expenses, such as costs related to developing a consolidated plan and managing Community Development Block Grants funds; provide public services for youths, seniors or the disabled; and initiatives such as neighborhood watch programs”.
(D) Rivers, Trails and Conservation Assistance Program. The Rivers, Trails and Conservation Assistance Program (RTCA) is a National Parks Service program providing technical assistance via direct staff involvement to establish and restore greenways, rivers, trails, watersheds and open space. The RTCA program provides only for planning assistance - there are no implementation monies available. Projects are prioritized for assistance based on criteria including conserving significant community resources, fostering cooperation between agencies, serving a large number of users, encouraging public involvement in planning and implementation and focusing on lasting accomplishments.
(E) Land and Water Conservation Fund. The Land and Water Conservation Fund is a federally-funded program providing grants for planning and acquiring outdoor recreation areas and facilities, including trails. Funds can be used for right-of-way acquisition and construction. These funds are administered by the Oregon Parks and Recreation Department.
(F) Transportation, Community and System Preservation Program.
(1) The Transportation, Community and System Preservation Program provides federal funding for transit-oriented development, traffic calming and other projects that improve transportation system efficiency, reduce the impact on the environment and provide efficient access to jobs, services and trade centers. The program is intended to provide communities with resources to explore the integration of their transportation system with community preservation and environmental activities.
(2) The Transportation, Community and System Preservation Program funds require a 20% match.
(Ord. passed 6- -2009)