The Issue

The American Society of Landscape Architects supports the reauthorization of a surface transportation bill that promotes all modes of transportation, including bicycling, walking, and transit use. ASLA advocates for the inclusion of a robust Transportation Enhancements (TE) program, an enhanced Safe Routes To School (SRTS) program, and a federal Complete Streets policy.

Background & Analysis:

In 1992, Congress passed the Intermodal Surface Transportation Efficiency Act (ISTEA), which established the Transportation Enhancements (TE) program and began a legacy of including active transportation programs and projects in federal surface transportation bills. Upon the expiration of ISTEA, TE and other active transportation programs were reauthorized in subsequent surface transportation reauthorization measures, including the Transportation Equity Act for the 21st Century (TEA-21) and the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU expired on September 30, 2009, and surface transportation programs were carried out through a series of legislative extensions of SAFETEA-LU.

Current Status:

On July 6, 2012, President Barack Obama signed into law the Moving Ahead for Progress in the 21st Century Act (MAP-21), which reauthorizes the nation’s surface transportation laws at current spending levels through September 2014. The law went into effect on October 1, 2012.

After vigorous and sustained advocacy efforts, ASLA successfully convinced Congress to continue active transportation programs, like the Transportation Enhancements, Safe Routes to School, and Recreational Trails programs in the new transportation law – MAP-21. However, the new law makes several substantial changes to these programs that may impact landscape architecture projects.



Active Transportation Programs under MAP-21:

Transportation Alternatives (formerly Enhancements):
Under MAP-21, the Transportation Enhancements program is re-named Transportation Alternatives Program (TAP), with the current twelve eligible activities categories consolidated into six categories. The bill eliminates the bike/ped safety and education programs, transportation museums, and the acquisition of scenic and historic easements categories.

The six new eligible projects categories:

1. continue bike/ped facilities and expand the definition of these projects
2. establish a category for safe routes for non-drives, including children, older adults, and individuals with disabilities.
3. retain conversion of abandoned railroad corridors for trails for pedestrians and bicyclists, or other non-motorized transportation users
4. retain the scenic byways category (However, the stand alone National Scenic Byways programs is completely eliminated)
5. establish a community improvement category that includes:
1. inventory control of outdoor advertising
2. historic preservation and rehabilitation of historic transportation facilities
3. vegetation management practices in transportation rights-of–way(formerly landscaping and scenic beautification)

                                          i.    landscaping and scenic enhancement projects ARE eligible under TAP as part of the construction of any federal-aid highway  project, including TAP-funded projects.  But TAP funds cannot be used for landscaping and scenic enhancement as independent projects.

                                         ii.    under this vegetation management category, routine maintenance is NOT eligible as TAP activity except under the RTP.

4. archeological activities related to transportation projects

6.     retain the environmental mitigation activities category

1. to address stormwater management control and water pollution prevention, and wetlands mitigation
2. to reduce vehicle-caused wildlife mortality

Recreational Trails Program:
Under the MAP-21, the Recreational Trails Program (RTP) is continued at the current funding levels under the Transportation Alternatives Program.  Funding for RTP is a set-aside from the TAP.  However, the governor of each state may opt out of the RTP if it notifies the U.S. Department of Transportation Secretary not later than 30 days prior to apportionments being made for any fiscal year.

Safe Routes To School:
Under the bill, the Safe Routes To School (SRTS) program is eliminated as a stand-alone program. However, SRTS projects are eligible for funding under the TAP.  As such, SRTS projects are now subject to all TAP requirements, including the same match requirements – 80 percent federal funding, with a 20 percent local match.

SRTS coordinators are not required under MAP-21 but are eligible for funding under TAP.  Thus, states may decide to retain their SRTS coordinators and use TAP funds to pay for them.

National Scenic Byways Program:
The National Scenic Byways program is completely eliminated under MAP-21. However, some scenic byway projects will be eligible under the scenic byways category under the Transportation Alternatives Program.

Complete Streets
The language that would have established a national Complete Streets policy is NOT included in the final MAP-21 law.  The language was originally incorporated in the Safety for Motorized and Non-Motorized Users provisions of the Senate Commerce Committee’s freight title of the Senate-passed transportation bill.  During the conference negotiations the entire freight title came under fire and was removed from the final bill. However, the Highway Safety Improvement Program language in the report includes a new, more comprehensive definition of street users that is based on Complete Streets language.

Transportation Alternatives Funding:
The new Transportation Alternatives (TA) program will receive about $780 million to carry out all TA projects, including SRTS and RTP projects across the country, which represents about a 35% reduction from the current $1.2 billion spent on these programs. Under the bill, states will sub-allocate 50% of their TA funds to Metropolitan Planning Organizations (MPOs) and local communities to run a grant program to distribute funds for projects. States could use the remaining 50% for TA projects or could spend these dollars on other transportation priorities.


Resources:  
ASLA MAP-21 Webinar Recording
ASLA MAP-21 Webinar (Slides only)
US DOT MAP-21 Resources
FHWA Interim Guidance On Transportation Alternatives, October, 2012
Federal Grant Opportunities
ASLA Statement on Passage of the Surface Transportation Conference Report, June, 2012
Pedestrian and Bicycle Infrastructure: A National Study of Employment
Princeton Survey Research Associates Poll on Funding for Bicycling and Walking.  May, 2012
 

 Advocacy Tools:
Template letters to state governors/DOTs supporting Transportation Alternatives Program
ASLA Advocacy Alert supporting Transportation Alternatives Program
Advocacy Advance – get involved with advocacy local efforts to fund active transportation projects in your communities

ASLA Related Policies:
•    Transportation Corridors and Facilities
•    Urban Growth and Development
•    Livable Communities