[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Notices]
[Pages 25533-25536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11924]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-1999-5088]
Fiscal Year (FY) 2000 Implementation Guidance for Public Lands
Highways Discretionary Program Funds
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; FHWA solicitation memorandum for FY 2000 funds; request
for comments on selection criteria for FY 2001 and beyond.
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SUMMARY: The Transportation Equity Act for the 21st Century (TEA-21)
continued the public lands highways (PLH) discretionary program through
FY 2003. This document provides implementation guidance on the PLH
discretionary program for FY 2000 and beyond. Also, it contains
information on the selection criteria used by the FHWA in evaluating
candidate projects. An implementation guidance memorandum on this topic
was issued to division offices soliciting candidate projects from State
transportation agencies for FY 2000 public lands highways (PLH)
discretionary funding. The text of that memorandum is incorporated
here. This document seeks comments from all interested parties on the
selection criteria and their continued use by FHWA for FY 2001 and
beyond.
DATES: Comments on the selection criteria for PLH discretionary funding
for FY 2001 and beyond must be received on or before July 12, 1999.
ADDRESSES: Your signed, written comments on project selection criteria
for PLH discretionary funding for FY 2001 and beyond must refer to the
docket number appearing at the top of this document and you must submit
the comments to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400
Seventh Street, SW., Washington, DC 20590-0001. All comments received
will be available for examination at the above address between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments should include a self-
addressed, stamped envelope or postcard.
Applications for candidate projects for FY 2000 funding should be
submitted to the FHWA Division Office in the State of the applicant in
accordance with the guidance provided in the solicitation memorandum.
FOR FURTHER INFORMATION CONTACT: Larry Beidel, Office of Program
Administration, (202) 366-1564; or Wilbert Baccus, Office of the Chief
Counsel, (202) 366-1396; 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
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator
(URL):http://www.dms.dot.gov. It is available 24 hours each day, 365
days each year. Please follow the instructions online for more
information and help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach 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.
The solicitation memorandum will also be available on the FHWA web
site at http://www.fhwa.dot.gov/discretionary.
Background
TEA-21, Pub. L. 105-178, 112 Stat. 107 (1998), continued the PLH
discretionary program through FY 2003 and provides $66.6 million in FY
1998 and $83.6 million in each of FY 1999 through 2003 for the program.
On March 4, 1999, the FHWA issued a memorandum to its division offices,
located in each State, the District of Columbia and Puerto Rico,
soliciting from the State transportation agencies candidate projects
for FY 2000 PLH discretionary funding. This memorandum is published
here for informational purposes. The
[[Page 25534]]
memorandum contains information on the PLH discretionary program,
eligible activities, the application process, and the selection
criteria used by the FHWA in evaluating candidate projects.
Also, the purpose of this document is to invite comments on the
selection criteria used by the FHWA for evaluating candidate projects
for FY 2001 and beyond. The attachment to the March 4, 1999, memorandum
presents the selection criteria that the FHWA will be using for FY
2000. These criteria reflect areas which are given preference when
evaluating candidate projects; however, any project submitted by a
State transportation agency which meets the eligibility requirements
for this discretionary program can potentially be selected for funding.
These are the same general selection criteria that the FHWA has used
for several years to evaluate candidates for this discretionary
program. Occasionally, a selection criterion may be added for an
individual year that reflects a special emphasis area, but for the most
part the selection criteria have remained unchanged.
The FHWA plans to continue to use these same basic selection
criteria for FY 2001 and beyond for this discretionary program.
However, before doing so, the FHWA is interested in the views of the
States or others on these selection criteria. Accordingly, comments are
invited to this docket on the selection criteria that FHWA will use for
the PLH discretionary program for funding available for FY 2001 and
beyond.
Publication of the implementation guidance for the public lands
highways discretionary program satisfies the requirement of section
9004(a) of the TEA-21 Restoration Act, Pub. L. 105-206, 112 Stat. 685,
842 (1998).
Authority: 23 U.S.C. 202 and 315; 49 CFR 1.48.
Issued on: May 3, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
The text of the FHWA solicitation and implementation guidance
memorandum follows:
Action: Request for Projects for Fiscal March 4, 1999.
Year (FY) 2000 Public Lands Highways
(PLH) Discretionary Funds (Reply Due:
July 1, 1999).
From: Henry H. Rentz for Vincent F. HIPA.
Schimmoller Program Manager,
Infrastructure.
To: Division Administrators Program
Manager, Federal Lands Highway.
The Transportation Equity Act for the 21st Century (TEA-21)
continued the PLH discretionary program through FY 2003. With this
memorandum, we are requesting submission of eligible candidate projects
for FY 2000 PLH discretionary funds.
TEA-21 authorized $83.64 million for the PLH discretionary program
for FY 2000. Estimating the deductions for FHWA administration, Section
1102(f) of TEA-21, and administrative expenses for Federal land
management agencies, and the increase due to the revenue aligned budget
authority (RABA) under Section 1105 of TEA-21, it appears that
approximately $70 to $75 million will be available for allocation to
projects in FY 2000. Of this available funding, $10 million will be
used to fund two projects selected for FY 1999 funding that were
deferred in order to fund Congressional earmarking in the FY 1999
appropriations act conference report. Therefore, only $60 to $65
million will be available for projects in FY 2000.
Attached to this memorandum are the program guidelines that contain
information on eligibility, selection criteria, and submission
requirements. Please provide this information to your State and work
with them to identify viable, quality candidate projects for this
program.
We ask that you pay particular attention to the submission
requirements listed in the attached guidelines. Many of the candidates
submitted last year did not provide all of the necessary information.
With the elimination of the region offices, we are relying on you to
ensure that all of the applications from your State are completed in
accordance with the appropriate submission requirements. This is
important to ensure that all candidates receive a fair evaluation. Due
to the shortened time frame last year because of the late passage of
TEA-21, we were not able to return incomplete applications, and our
evaluation was based on insufficient information in some cases. This
year we will return incomplete applications, which could jeopardize
consideration of the candidate projects if the applications are not
resubmitted in time.
We are requesting that candidate project submissions be received in
Headquarters no later than July 1, 1999. Projects received after this
date may not receive full consideration.
Because the available funding is always far less than the demand,
we ask that submissions include only candidate projects that, if
funded, can be obligated in FY 2000. Any allocations in FY 2000 will be
made on the assumption that the proposed projects are viable and the
implementation schedules are realistic. Any unobligated balances
remaining on September 15, 2000, will be withdrawn and used for funding
future fiscal year requests.
If there are any questions, please contact Mr. Larry Beidel (202-
366-1564) of our Office of Program Administration.
Attachment--Public Lands Highways Discretionary Program
Program Guidelines
Background
The Public Lands Highways (PLH) Program was originally
established in 1930 by the Amendment Relative to Construction of
Roads through Public Lands and Federal Reservations. Funding was
provided from the General Funds of the Treasury. The intent of the
program is to improve access to and within the Federal lands of the
nation. The Federal-Aid Highway Act of 1970 changed the funding
source for the program from the General Funds to the Highway Trust
Fund, effective in FY 1972. The program has been continued with each
highway or transportation act since then, and the latest
transportation act, the Transportation Equity Act for the 21st
Century (TEA-21, Public Law 105-178), has continued the program
through FY 2003.
Statutory References:
23 U.S.C. 202, 203 & 204; TEA-21 Section 1101(a)(8)(B)
Funding
[In millions]
----------------------------------------------------------------------------------------------------------------
Fiscal Year 1998 1999 2000 2001 2002 2003
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Authorization............... $66.6 $83.6 $83.6 $83.6 $83.6 $83.6
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[[Page 25535]]
TEA-21 provides $196 million in FY 1998 and $246 million in each
of fiscal years 1999 through 2003 for Public Lands Highways. In
accordance with 23 U.S.C. 202(a), 34 percent of these funds are
available for the PLH discretionary program. For FY 1998, this is
$66.6 million, and for fiscal years 1999 through 2003, this is $83.6
million per year.
This available funding is reduced by FHWA administration
expenses, which may be up to 1.5 percent. The amount of available
funding is also impacted by any obligation limitation imposed on the
Federal-aid highway program under the provisions of TEA-21 Section
1102(f), Redistribution of Certain Authorized Funds. Under this
provision, any funds authorized for the program for the fiscal year,
which are not available for obligation due to the imposition of an
obligation limitation, are not allocated for the PLH program, but
are redistributed to the States by formula as STP funds. In
accordance with 23 U.S.C. 204(i), these PLH funds are also available
for administration expenses and transportation planning costs of
Federal land management agencies.
After these reductions, it is expected that approximately $70
million will be available for candidate projects each of fiscal
years 2000 through 2003. This available funding may also increase or
decrease each year depending on the obligation limitation
calculation and on the estimated receipts to the Highway Trust Fund.
Federal Share
In accordance with 23 U.S.C. 204(b), the Federal share of the
costs for any project eligible under this program is 100 percent.
Obligation Limitation
The PLH discretionary funds are subject to obligation
limitation; however, 100 percent obligation authority is provided
with the allocation of funds for the selected projects. The
obligation limitation reduces the available funding for the program
under the provisions of TEA-21 Section 1102(f) discussed above.
Eligibility
Under the provisions of 23 U.S.C. 202(b), the funds shall be
allocated ``among those States having unappropriated or unreserved
public lands, nontaxable Indian lands or other Federal reservations,
on the basis of need in such States.'' Therefore, all States are
eligible to apply for PLH discretionary funding.
In accordance with 23 U.S.C. 204(b), the PLH funds are available
for any kind of transportation project eligible for assistance under
Title 23, United States Code, that is within, adjacent to, or
provides access to the areas served by the public lands highway. A
``public lands highway'' means a forest road under the jurisdiction
of and maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public lands,
nontaxable Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority and open to
public travel. Federal reservations are considered to include lands
owned by the Department of the Interior, Department of Agriculture,
Department of Defense and other Federal agencies.
The PLH funds are available for transportation planning,
research, engineering, and construction of the highways, roads, and
parkways, or of transit facilities within the Federal public lands.
Under 23 U.S.C. 204(h), eligible projects under the PLH program may
also include the following:
1. Transportation planning for tourism and recreational travel,
including the National Forest Scenic Byways Program, Bureau of Land
Management Back Country Byways Program, National Trail System
Program, and other similar Federal programs that benefit
recreational development.
2. Adjacent vehicular parking areas.
3. Interpretive signage.
4. Acquisition of necessary scenic easements and scenic or
historic sites.
5. Provision for pedestrians and bicycles.
6. Construction and reconstruction of roadside rest areas,
including sanitary and water facilities.
7. Other appropriate public road facilities such as visitor
centers.
8. A project to build a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National Recreation Area
between Nevada and Arizona.
In addition, 23 U.S.C. 134(d)(3), as amended by TEA-21 Section
1203, provides that up to ``1 percent of the funds allocated under
23 U.S.C. 202 may be used to carry out the transportation planning
process for the Lake Tahoe region,'' and that highway projects
included in these transportation plans ``may be funded using funds
allocated under 23 U.S.C. 202.'' Applications for these activities,
therefore, could also be submitted requesting PLH discretionary
funding.
Selection Criteria
The following criteria are used to evaluate the submitted
candidates for selection.
The only statutory criterion is found in 23 U.S.C. 202(b): ``The
Secretary shall give preference to those projects which are
significantly impacted by Federal land and resource management
activities which are proposed by a State which contains at least 3
percent of the total public lands in the Nation.'' The following
eleven States have at least 3 percent of the nation's Federal public
lands: Alaska, Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah, and Wyoming.
FHWA has not established regulatory criteria for selection of
PLH discretionary projects; however, in its annual solicitation,
FHWA notes that the following criteria are also considered in the
evaluation of candidates for this program:
Equitable distribution of funding among the States--In
applying this criterion, the PLH discretionary funding distributed
over the past 20 years is considered and two factors are used to
determine a State's fair share of this distribution: (1) the State's
share of the Nation's Federal public lands and (2) the percentage of
an individual State's area that is comprised of Federal public
lands. Preference is given to those States that are ``behind'' in
their fair share of the funding.
Leveraging of private or other public funding--Because
the annual requests for funding far exceed the available PLH
discretionary funds, commitment of other funding sources to
complement the requested PLH discretionary funding is an important
factor.
Expeditious completion of project--Preference is also
given to requests that will expedite the completion of a viable
project over requests for initial funding of a project that could
require a long-term commitment of future PLH funding. For large-
scale projects consideration is given to the State's total funding
plan to expedite the completion of the project.
Amount of PLH funding--The requested amount of funding
is another consideration. For States that have a relatively small
amount of Federal public lands, moderately sized (<$500,000) project="" requests="" are="" given="" more="" favorable="" consideration.=""> State priorities--For States that submit more than one
project, consideration is given to the individual State's priorities
if specified.
National geographic distribution of the funding within
the PLH program--Although preference is to be given to the States
with at least 3 percent of the Nation's public lands, consideration
is also given to providing funding to States in the eastern part of
the country to provide some geographic balance for the program.
Because the concept of equity was important in the development
of TEA-21, project selection will also consider national geographic
distribution among all of the discretionary programs as well as
congressional direction or guidance provided on specific projects or
programs.
Solicitation Procedure
Each year, usually around March, a memorandum is sent from the
FHWA Headquarters Office of Program Administration to the FHWA
division offices requesting the submission of candidate projects for
the following fiscal year's funding. This solicitation is also
published in the Federal Register. The FHWA division offices provide
this solicitation request to the State transportation departments,
who are the only agencies that can submit candidates under the
provisions of 23 U.S.C. 202(b). The State transportation departments
coordinate with local and Federal agencies within their respective
States in order to develop viable candidate projects. The State
transportation departments submit the candidate applications to the
FHWA division offices, who send them in to the Office of Program
Administration. Candidate projects are due in FHWA Headquarters
usually around the first of July.
The specific timetable for the solicitation process for any
particular fiscal year is provided in the solicitation memorandum.
The most recent solicitation is provided in these Guidelines for
reference.
The candidate project applications are reviewed and evaluated by
the Office of Program Administration and an allocation plan is
prepared for presentation of the candidate projects to the Office of
the Federal Highway Administrator, where the final selection of
projects for funding is made. The announcement of the selected
projects and the allocation of funds is usually accomplished by the
middle of November.
[[Page 25536]]
Submission Requirements
Only State transportation departments may submit applications
for funding under this program. Although there is not a prescribed
format for a project submission, the following information must be
included to properly evaluate the candidate projects. With the
exception of the project area map, all of the following must be
included to consider the application complete. Those applications
that do not include these items are considered incomplete and
returned.
1. State in which the project is located.
2. County in which the project is located.
3. U.S. Congressional District No.(s) in which the project is
located.
4. U.S. Congressional District Member's Name(s).
5. Project Location--Describe the specific location of the
project, including route number and mileposts, if applicable.
6. Public Lands Category--Specify what Federal public lands are
being served by the project and whether the project is within,
adjacent to, or provides access to the public lands.
7. Proposed Work--Describe the project work to be completed
under this particular request, and whether this is a complete
project or part of a larger project.
8. Project Purpose--The States' submission should show how the
proposed project and/or the highway route of which it is a part meet
the Federal land and resource management needs in the State. This
should include status and adequacy of the existing route with regard
to route continuity, capacity and safety and the benefits
anticipated from completion of the proposed project.
9. Planning and Coordination--For the proposed project, describe
the coordination with and input from the various Federal land
management, State, and metropolitan planning agencies involved.
Section 204(a) of Title 23, United States Code, as amended, requires
all regionally significant Federal lands highways program projects
to be developed in cooperation with States and metropolitan planning
organizations, and included in appropriate Federal lands highways
program, State, and metropolitan plans and transportation
improvement programs.
10. Current and Future Traffic--For highway projects provide the
current and design year average daily traffic. For other facilities,
such as visitor centers, it may be desirable to describe the number
of visitors accommodated by the facility.
11. Project Administration--Indicate whether the Federal funds
for this project will be administered by the State transportation
agency or a Federal Lands Highway Division (FLHD) of FHWA. If the
FLHD or other Federal Agencies are involved, the type of
involvement, whether it is preliminary engineering or contract
administration, or other, should be specified. Also, the FLHD is
available to assist with Federal Agency coordination and should
provide any data and information requested.
12. Amount of Federal PLH Discretionary Funds Requested--
Indicate the amount of Federal PLH funds being requested for that
fiscal year. Candidates should only be submitted from projects that
are ready to advance in that fiscal year. If a State is willing to
accept partial funding of the request, that should also be
indicated. Sometimes partial funding of requests is utilized to
provide funding to more projects, since the requests far exceed the
funding available.
13. Commitment of Other Funds--Indicate the amounts and sources
of any private or other public funding being provided as part of
this project. Only indicate those amounts of funding that are firm
and documented commitments. The submission must include written
confirmation of these commitments from the entity controlling the
committed funds.
14. Previous PLH Discretionary Funding--Indicate the amount and
fiscal year of any previous PLH discretionary funds received for
this project or route.
15. Future Funding Needs--Indicate the estimated future funding
needs for the project, including anticipated requests for additional
PLH discretionary funding, the items of work to be completed and
projected scheduling.
16. Project Area Map--It is suggested that a readable map,
clearly showing the proposed project and its relationship to the
overall development of a highway route, as well as its relationship
to the Federal public lands, be included. The map should also show
any previously completed work on this highway route, if any, plus
additional work being planned beyond the proposed project.
17. Talking Points Briefing--A one page talking points paper
covering basic project information is also needed for use by the
Office of the Secretary for the congressional notification process
should a project be selected for funding. Each State's request for
discretionary funds must include a talking points paper. A sample
paper is included in these Guidelines.
State Transportation Agency Responsibilities
1. Coordinate with State, local, and Federal agencies within the
State to develop viable candidate projects.
2. Ensure that the applications for candidate projects meet the
submission requirements outlined above.
3. Establish priorities for their candidate projects if desired.
4. Submit the applications to the local FHWA division office on
time so that the submission deadline can be met.
FHWA Division Office Responsibilities
1. Provide the solicitation memorandum and this program
information to the State transportation agency.
2. Request candidate projects be submitted by the State to the
FHWA division office to meet the submission deadline established in
the solicitation.
3. Review all candidate applications submitted by the State
prior to sending them to FHWA Headquarters to ensure that they are
complete and meet the submission requirements.
4. Submit the candidate applications to FHWA Headquarters by the
established submission deadline.
FHWA Headquarters Program Office Responsibilities
1. Solicit candidates from the States through annual
solicitation memorandum.
2. Review candidate project submissions and compile program and
project information for preparation of allocation plan.
3. Submit allocation plan to the Office of the Federal Highway
Administrator for use in making final project selections.
4. Allocate funds for the selected projects.
FHWA Headquarters Program Office Contact
Larry Beidel, Highway Engineer, Office of Program Administration,
Phone: (202) 366-1564, Fax: (202) 366-3988, E-mail:
larry.beidel@fhwa.dot.gov
Sample Talking Points Briefing for Secretary
Note: These talking points will be used by the Office of the
Secretary in making congressional notification contacts. Since some
of the recipients of the calls may not be closely familiar with the
highway program, layman's language should be used to the extent
possible. Information contained in the talking points may be used by
a member of Congress in issuing a press release announcing the
discretionary allocation.
Public Lands Highways (PLH) Discretionary Funds
Grantee:
Project:
This project provides for reconstructing __.__ miles of US 1 in
____________ County extending from State Route 2 intersection in
Hometown to the County Road 3 in the vicinity of Smallville.
Widening 2 feet on either side with improvements on horizontal
alignment and installation of 1000 feet of guard rail are included
in the project.
FHWA FUNDS: $xx,xxx,xxx.
Specify other source of funds (for ex: State, local, Forest
highways, etc, if any, to supplement Federal funds.
This project will improve access to the Navajo Indian
Reservation and improve the local economy.
This project is part of the second phase of a 5-year
program to reconstruct a 30-mile section of Forest Road 11 (State
Route 201) between Town A and Town B.
The project will be advertised for construction in
and is scheduled for completion in .
[FR Doc. 99-11924 Filed 5-11-99; 8:45 am]
BILLING CODE 4910-22-P
