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

2013 TAP CONFERENCE MAP-21 FINAL GUIDANCE

ODOTOffice of Local Programs

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.

TAP FINAL GUIDANCE

Issued by FHWA on 6/10/13

oFinal guidance supersedes all previous guidance, including questions and answers, regarding the Transportation Alternatives Program

TAP NATIONAL FUNDING

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 Loseo 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.

Allocation of Funds

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 MPO’s 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.

TRANSFER OF FUNDSo States may transfer up to 50% of TAP funds to other

FHWA programsAfter RTP set-asideNot 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.

FEDERAL SHARE AND MATCHING FUNDS

TAPoMatching funds 80/20

Recreational TrailsoMatching funds 80/20

SRTSoMatching 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.

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.

ELIGIBLE PROJECTS

o Transportation Alternatives projects as definedo 23 U.S.C. 101(a)(29) (MAP-21 §1103

o Recreational Trails Program

o Safe Routes to School

o Planning, construction of Boulevards

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.

ELIGIBLE SPONSORS

Under 23 U.S.C. 213 (c)(4)(B), the Eligible Entities to receive TAP funds are:oLocal Governments;

oRegional transportation authorities;

oTransit agencies;

oNatural resource or public land agencies;

oSchool districts, local educations agencies or schools;

oTribal governments; and

oAny other local or regional governmental entity with the responsibility for oversight of transportations or recreational trails (other than a MPO or a State agency).

NON ELIGIBLE SPONSORS

o State DOT’s and MPO’s 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 fundso 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))

ELIGIBLE PROJECTS

Transportation Alternatives as defined:

Bike and Pedestrian

oConstruction, 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

ELIGIBLE PROJECTS

Safe Routes for Non Drivers

oConstruction, 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

oConversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

o Has not changed from TE

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.

ELIGIBLE PROJECTSEnvironmental Mitigation

oANY 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.

ELIGIBLE PROJECTSRecreational Trails

The term “recreational trail” means a thoroughfare or track across land or snow, used for recreational purposes such as—

opedestrian activities, including wheelchair use;

oSkating or skateboarding;

oEquestrian activities, including carriage driving;

oNonmotorized snow trail activities, including skiing;

oBicycling or use of other human-powered vehicles

oAquatic or water activities;

oMotorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks or use of other off road motorized vehicles.

ELIGIBLE PROJECTSRecreational Trails (cont)

omaintenance and restoration of existing recreational trails;

odevelopment and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;

opurchase and lease of recreational trail construction and maintenance equipment;

oconstruction of new recreational trails

oacquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;

oassessment of trail conditions for accessibility and maintenance;

odevelopment and dissemination of publications and operation of educational programs to promote safety and environmental protection

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

UNELIGIBLE TAP PROJECTSo 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

TREATMENT OF PROJECTS

oNotwithstanding 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 agreementsFederal Authorization Prevailing wage rates (Davis-Bacon)Buy AmericaCompetitive BiddingPlanning ProvisionsNEPARight of WayWaivers (proprietary, Buy America etc.)

TREATMENT OF PROJECTS

oRecent 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.

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