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    Work Program Instructions Revised: November 1, 2011Tentative Work Program FY 12/13 16/17 September 9, 2011

    Part IV Federal

    Table of Contents

    Part IV Federal Aid Programs Administered by FederalHighway Administration (FHWA)

    CHAPTER 1:OVERVIEW OF MAJOR PROGRAMS ........................................................................... 1Introduction: .................................................................................................................................................... 1Section A: National Highway System ............................................................................................................ 2Section B: Interstate Maintenance Program .................................................................................................. 3Section C: Surface Transportation Program ................................................................................................. 5Section D: Highway Bridge Replacement and Rehabilitation Program ......................................................... 8Section E: Congestion Mitigation and Air Quality Improvement Program ..................................................... 9Section F: Highway Safety Improvement Program ..................................................................................... 11Section G: Equity Bonus Program ............................................................................................................... 13Section H: Safe Routes to School Program ................................................................................................ 15Section I: State Planning and Research Program ....................................................................................... 16Section J: Metropolitan Planning ................................................................................................................. 17Section K: Recreational Trails Program ...................................................................................................... 19Section L: Forest Highways Program .......................................................................................................... 21Section M: Highways for Life Pilot Program (new) ...................................................................................... 22Section N: Ferry Boats and Ferry Terminal Facilities .................................................................................. 23Section O: Innovative Bridge Research and Deployment Program (name change) ................................... 24(Replaces Innovative Bridge Research and Construction Program) ............................................................ 24Section P: Interstate Maintenance Discretionary ........................................................................................ 26Section Q: Public Land Highways ............................................................................................................... 26Section R: National Scenic Byways ............................................................................................................ 28Section S: Transportation, Community, and System Preservation Program ............................................... 29Section T: Tolling Programs ........................................................................................................................ 301. Value Pricing Pilot Program .................................................................................................................... 302. Interstate System Reconstruction & Rehabilitation Toll Pilot Program .................................................... 313. Interstate System Construction Toll Pilot Program .................................................................................. 314. Express Lanes Demonstration Program ................................................................................................. 31Section U: Work Zone Safety Grants (new) ................................................................................................ 32Section V: Truck Parking Facilities (new) .................................................................................................... 33Section W: Emergency Relief Program ....................................................................................................... 34Section X: State Infrastructure Bank Program ............................................................................................ 35Section Y: Transportation Infrastructure Finance and Innovation Act (TIFIA) ............................................. 36Section Z: High Priority Projects Program ................................................................................................... 38Section AA: Transportation Improvements .................................................................................................. 40CHAPTER 2: FINANCIAL PROVISIONS ........................................................................................... 42Section A: Federal Obligation Limitation (a.k.a Obligation Authority) .......................................................... 42Section B: Federal Highway Trust Fund and Taxes .................................................................................... 43Section C: Guaranteed Funding .................................................................................................................. 44Section D: Use of Toll Credits toward Non-Federal Share (Soft Match) ..................................................... 46Section E: Advance Construction Program ................................................................................................. 46Section F: Transferring Federal Funds ........................................................................................................ 47Section G: Federal Indirect Costs ............................................................................................................... 58Section H: Inactive Federal Projects ........................................................................................................... 58CHAPTER 3: FEDERAL STEWARDSHIP ......................................................................................... 60Section A: FHWA Oversight Program ......................................................................................................... 60Section B: Use of Federal Funds on Tolled Roads, Bridges ....................................................................... 60Section C: Financial Plans for Major Federal Projects ................................................................................ 60

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    Work Program Instructions Revised: November 1, 2011Tentative Work Program FY 12/13 16/17 September 9, 2011

    Part IV Federal

    Section D: Value Engineering Analysis ....................................................................................................... 63CHAPTER 4: ANNUAL FEDERAL DISCRETIONARY PROJECT SOLICITATION

    PROCESS ..................................................................................................................... 64Section A: Schedule of Activities/Events ..................................................................................................... 64Section B: Responsibilities for Program Coordination ................................................................................. 65Section C: Discretionary Programs Contacts .............................................................................................. 71Section D: Summary of FHWA Discretionary Programs ............................................................................. 73CHAPTER 5: OTHER FEDERAL PROGRAM CHARACTERISTICS ................................................ 76Section A: Using Federal Funds for early stages of a Project (PD&E, PE and/or R/W) but not Construction

    76Section B: Federal and State Funded Projects under a single Contract ..................................................... 77Section C: Projects with minimal shares of Federal Funds ......................................................................... 77Section D: Districtwide and General Consultant Contracts ......................................................................... 77Section E: Repayment of Federal Funds for Preliminary Engineering and/or Right of Way if Construction isnot to be completed ...................................................................................................................................... 78CHAPTER 6: STATEWIDE AND LOCAL TRANSPORTATION IMPROVEMENT

    PROGRAMS (STIP AND TIPS) .................................................................................... 80Section A: Requirements to obtain Approved Federal Authorization .......................................................... 80Section B: State Transportation Improvement Program (STIP) .................................................................. 80Section C: MPOs Transportation Improvement Program (TIP) .................................................................. 81Section D: Projects Administered by Federal Transit Administration (FTA) ................................................ 81Section E: Amending the STIP and TIPs .................................................................................................... 82Section F: Roll Forward Projects in new TIP ............................................................................................... 86Section G: Administrative TIP amendments for amending old TIP after new TIP is adopted on July 1st ... 87CHAPTER 7: AUTHORIZING FEDERAL PROJECTS WITH FHWA ................................................ 88Section B: Department Procedure No. 350-050-005 Federal Project Authorizations ................................. 89Section C: Defining the Federal Project ...................................................................................................... 89Section D: Common Criteria for all Federal Projects ................................................................................... 90

    Section E: Authorizing Highway Planning and Research Projects .............................................................. 91Section F: Authorizing Metropolitan Planning Projects ............................................................................... 93Section G: Authorizing Preliminary Engineering Projects (including PD&E) ............................................... 93Section H: Authorizing Right of Way Projects ............................................................................................. 93Section I: Authorizing Construction Projects ............................................................................................... 95Section J: Authorizing Design/Build Projects .............................................................................................. 96Section K: Authorizing Local Agency Program (LAP) Projects ................................................................... 99Section L: Authorizing National Bridge Inspection Program ...................................................................... 101Section M: Authorizing Intelligent Transportation System (ITS) Projects .................................................. 101Section N: Authorizing Projects in Local Government Advance/Reimbursement Program where repaymentis with Federal Funds ................................................................................................................................. 101Section O: Authorizing Projects with State Infrastructure Bank (SIB) Loans where repayment is withFederal Funds ............................................................................................................................................ 101Section P: Authorizing Projects with Transportation Infrastructure Finance & Innovation Act (TIFIA) Loans102Section Q: Authorizing Federal Lands Highways Projects ........................................................................ 102Section R: Authorizing Federal Earmarks ................................................................................................. 103Section S: Required Statistical Information in FAMS and FMIS ................................................................ 105Section T: Using the Comments and Notes fields in FAMS and Other Miscellaneous Information ..... 106

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    Work Program InstructionsTentative Work Program FY 12/13 16/17 September 9, 2011

    Page 1 of 109 Part IV Federal

    CHAPTER 1: OVERVIEW OF MAJOR PROGRAMS

    Introduction:

    On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient

    Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This multi-year (2005 through 2009)federal transportation legislation amends a number of provisions in Title 23, United States Code, andreplaces the previous federal transportation act, TEA-21.

    Basic Federal Core Programs

    SAFETEA-LU continues the basic federal core programs and establishes a new Safety core program(funds in core programs are apportioned to states by formula):

    A. National Highway SystemB. Interstate Maintenance ProgramC. Surface Transportation ProgramD. Highway Bridge Replacement and Rehabilitation Program

    E. Congestion Mitigation and Air Quality Improvement ProgramF. Highway Safety Improvement Program

    Other Federal Programs Apportioned to States by Formula

    SAFETEA-LU continues other apportioned federal programs and adds the new Safe Routes to SchoolProgram:

    G. Equity Bonus Program (Replaces TEA-21s Minimum Guarantee Program)H. Safe Routes to School ProgramI. State Planning and Research ProgramJ. Metropolitan PlanningK. Recreational Trails Program

    L. Forest Highways Program

    Other Federal Programs Allocated based on Need and/or through Application to FHWA

    SAFETEA-LU continues some allocated and discretionary federal programs and adds several more.Listed below are those pertinent to Florida:

    M. Highways for Life Pilot Program (new)N. Ferry Boats and Ferry Terminal FacilitiesO. Innovative Bridge Research and ConstructionP. Interstate Maintenance DiscretionaryQ. Public Land HighwaysR. National Scenic Byways

    S. Transportation, Community, and System Preservation ProgramT. Tolling Programs, including1. Value Pricing Pilot Program2. Interstate System R & R Toll Pilot3. Interstate System Construction Toll Pilot4. Express Lanes Demonstration Program

    U. Work Zone Safety Grants (new)V. Truck Parking Facilities (new)W. Emergency Relief Program

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    Work Program InstructionsTentative Work Program FY 12/13 16/17 September 9, 2011

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    The following discretionary federal programs were eliminated by SAFETEA-LU:

    Bridge Discretionary (last year is FY 2005) National Corridor Planning and Development Program (last year is FY 2005)

    Coordinated Border Infrastructure Program (last year is FY 2005) ITS Deployment (last year is FY 2005)

    Programs offering other types of non-grant project assistance

    X. State Infrastructure Bank ProgramY. Transportation Infrastructure Finance and Innovation Act (TIFIA)

    Congressionally Designated Programs/Projects

    In additional to congressionally designated projects within the various federal discretionary programs(which are usually designated in annual federal appropriations acts), SAFETEA-LU creates several newsections for congressionally designated projects. Those pertinent to Florida include:

    Z. High Priority Projects Program

    AA. Transportation Improvements

    Section A: National Highway System

    The National Highway System is a 163,000-mile system of significant rural and urban roads serving majorpopulation centers, international border crossings, intermodal transportation facilities, and major traveldestinations. It includes the Interstate System, other urban and rural principal arterials, highways thatprovide motor vehicle access between the NHS and major intermodal transportation facilities, the defensestrategic highway network, and strategic highway network connectors.

    Program Purpose

    The program provides funding for improvements to rural and urban roads that are part of the NHS,including the Interstate System and designated connections to major intermodal terminals. Under certaincircumstances, NHS funds may also be used to fund transit improvements in NHS corridors.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(2), 1103, 6006Other: 23 USC 103, 104(b)(1)

    Funding/Formula

    Funded by contract authority that will remain available for 4 years. Funds are subject to the overallFederal-aid obligation limitation.

    A State may transfer up to 50% of its NHS apportionment to its Interstate Maintenance, SurfaceTransportation (STP), Congestion Mitigation and Air Quality Improvement, Highway Bridge Replacementand Rehabilitation, or Recreational Trails apportionment. Up to 100% may be transferred to the STP ifapproved by the Secretary and if sufficient notice and opportunity for public comment is given.

    National Highway System funds will not be allocated to the Districts. They will be managed on a statewidebasis in support of the Interstate Highway System and the highway component of the SIS that is on theNHS.

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    Work Program InstructionsTentative Work Program FY 12/13 16/17 September 9, 2011

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    WPA Fund Codes

    Depending on the nature and location of the project, several WPA fund codes may be applicable for useon the National Highway System. Effective July 1, 2010, funding specific to eligible activities on the NHSwill carry the ACNH fund code for projects to be authorized in AC mode, and the NH fund code forprojects to be authorized directly to the federal fund.

    Eligible use of Funds

    Construction, reconstruction, resurfacing, restoration, and rehabilitation Operational improvements

    Construction of, and operational improvements for, a federal-aid highway not on the NHS andconstruction of a transit project eligible under the Federal Transit Act in the corridor of fullyaccess-controlled NHS routes. These projects must be cost effective and improve the level of serviceon the NHS segment.

    Highway safety improvements Transportation planning, highway-related technology transfer activities and research and

    development Start up costs for traffic management and control (limited to 2 years)

    Fringe and corridor parking facilities Carpool and vanpool projects Improvements necessary to accommodate other transportation modes Development and establishment of management systems (highway pavement, bridge, highway

    safety, traffic congestion, public transportation facilities and equipment, and intermodal transportationfacilities and systems)

    Wetland mitigation

    Bicycle facilities and pedestrian walkways adjacent to an NHS route Infrastructure based intelligenttransportation systems capital improvements

    Environmental mitigation and pollution abatement Control of terrestrial and aquatic noxious weeds and establishment of native species

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93% (except that projects on the Interstate are noteligible for the sliding scale adjustment in Florida). When the funds are used for Interstate projects to addHigh Occupancy Vehicle (HOV) or auxiliary lanes, but not other thru lanes, the Federal share may be 90percent.

    Although the nominal federal share is stated above, Florida has elected to utilize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section B: Interstate Maintenance ProgramThe 46,000 mile Dwight D. Eisenhower National System of Interstate and Defense Highways retains aseparate identity within the National Highway System. The Interstate Maintenance Program wasestablished to provide for the on-going work necessary to preserve and improve Interstate highways.

    Program Purpose

    The Interstate Maintenance (IM) program provides funding for resurfacing, restoring, rehabilitating andreconstructing (4R) most routes on the Interstate System.

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    Statutory References

    SAFETEA-LU Section(s): 1101(a)(1), 1111Other: 23 USC 119, 104(b)(4), 118(c)

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    A State may transfer up to 50% of its IM apportionment to its National Highway System, SurfaceTransportation, Congestion Mitigation and Air Quality Improvement, Highway Bridge Replacement andRehabilitation, or Recreational Trails apportionment.

    WPA Fund Code

    Effective July 1, 2010, funding specific to the Interstate Maintenance Programwill use the ACIM fundcode for projects to be authorized in AC mode and the IM fund code for projects to be authorized directlyto the federal fund.

    Eligible Use of Funds

    Eligible uses include resurfacing, restoring, rehabilitating and reconstructing (4R) projects on theInterstate System.

    Projects for the reconstruction or new construction of bridges, interchanges, and over crossings alongexisting Interstate routes, including the acquisition of right-of-way where necessary;

    Projects on routes on the Interstate System, except those added under 23 USC 103(c)(4)(A) that werenot previously designated future Interstate under former 23 USC 139(b), as well as any segments thatbecome part of the Interstate System under Section 1105(e)(5) of ISTEA are eligible for funding.

    Under the provisions of 23 U.S.C. 119(d), construction of new capacity thru lanes, other than highoccupancy vehicle (HOV) or auxiliary lanes, is not eligible for IM funding.

    IM program funds may not be used on a facility where tolls are being collected under the InterstateSystem Reconstruction and Rehabilitation Pilot Program [TEA-21 1216(b)] or the Interstate SystemConstruction Toll Pilot Program. [1604(c)(7)]

    Capital costs for operational, safety, traffic management, or intelligent transportation systems (ITS)improvements (operating costs are not eligible for IM funds); and

    Projects for preventive maintenance.

    Federal Share

    The Federal share is generally 90 percent, subject to the sliding scale adjustment. The sliding scaleadjustment is not available to Florida for the Interstate Maintenance Program.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

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    Section C: Surface Transportation Program

    Program Purpose

    The Surface Transportation Program (STP) provides flexible funding that may be used by States andlocalities for projects on any Federal-aid road, including the NHS, bridge projects on any public road,transit capital projects, and intra-city and inter-city bus terminals and facilities.

    A Federal-aid road is defined to be any road in the state except for roads that are functionally cla ssifiedas local roads or rural minor collectors. However, the following types of projects are not restricted tothese "federal-aid roads", but may be used on any public road:

    Bridge projects Carpool/vanpool project

    Fringe and corridor parking facilities and programs Bicycle transportation and pedestrian walkways

    Highway and transit safety improvements and programs Hazard elimination projects

    Projects to mitigate hazards caused by wildlife Railway-highway grade crossings Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused

    wildlife mortality while maintaining habitat connectivity, and establishment of transportation museums

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(4), 1103(f), 1113, 1603, 1960, 6006Other: 23 USC 133, 104(b)(3), 140

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aid

    obligation limitation.

    Eligible use of Funds

    Highway Projects

    o Construction, reconstruction, resurfacing, restoration, and rehabilitationo Operational improvementso Highway Safety Improvementso Surface transportation planning, highway and transit technology transfer activities, and research

    and developmento Capital and operating costs for traffic management and controlo Fringe and corridor parking facilities Carpool and vanpool projectso

    Carpool and vanpool projectso Improvements necessary to accommodate other transportation modeso Development and establishment of management systems (highway pavement, bridge, highway

    safety, traffic congestion, public transportation facilities and equipment, and intermodaltransportation facilities and systems)

    o Wetland mitigationo Bicycle facilities and pedestrian walkways adjacent to an NHS routeo Infrastructure based intelligent transportation systems capital improvementso Advanced truck stop electrification systems

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    o Projects relating to intersections that have disproportionately high accident rates, have highcongestion, and are located on a federal-aid highway

    o Environmental restoration and pollution abatement (on a 4R project the expenditures for thisactivity may not exceed 20 percent of the total cost of the project)

    o Control of terrestrial and aquatic noxious weeds and establishment of native species

    Transit Projects (See Instructions on Transferring STP funds to Federal Transit Administration)

    o All projects that might otherwise be eligible for funding under current FTA grant programs,excluding operating assistance.

    o Purchase of rolling stock (buses), and other transit equipmento Construction, rehab, and/or improvements of fixed rail systems and other transit facilitieso Programs for improved public transit and most other transportation control measures for the

    Clean Air Acto Transit related planning, research, and development activitieso Car/Vanpool projectso Fringe and corridor park and ride facilities

    Transportation Enhancement Projects (No restrictions as to geographical area)

    o Provision of facilities for pedestrians and bicycleso Provision of safety and educational activities for pedestrians and bicyclisto Acquisition of scenic easements and scenic or historic siteso Scenic or historic highway programs (including the provision of tourist & welcome center facilities)o Landscaping and other scenic beautificationo Historic preservationo Rehabilitation of historic transportation buildings, structures, or facilities (including historic railroad

    facilities and canals)o Preservation of abandoned railway corridors (including the conversion and use thereof for

    pedestrian or bicycle trails)o Control and removal of outdoor advertisingo Archaeological planning and researcho

    Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivityo Establishment of transportation museums.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93% (except that the sliding scale is not available ifthese funds are used on the Interstate). When the funds are used for Interstate projects to add highoccupancy vehicle or auxiliary lanes, but not other lanes, the Federal share may be 90 percent.

    Although the nominal federal share is stated above, Florida has elected to utilize toll credits to softmatch these federal funds in lieu of matching with state funds, with certain exceptions (see WP FundCodes and Program Features for exceptions). This, in essence, allows the Department to increase thefederal share to 100% with no additional non-federal funds required. See the Soft Match section in thischapter for further information on use of toll credits for the non-federal share.

    Sub-allocation of STP Funds

    STP funds must be sub-allocated as follows:

    10 percent for Transportation Enhancement activities

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    56.25 percent (62.5% of the remaining 90%) of the total by population between urbanized areas over200,000 (Transportation Management Areas, or TMA's) and the remaining areas of the state. Thefunds allocated to TMA's are allocated to the individual TMA's on the basis of population. Areas ofless than 5,000 population must receive at least 110 percent of the 1991 federal-aid secondaryapportionment from the portion that goes to areas under 200,000.

    33.75 percent (37.5% of the remaining 90%) can be used by the state in any area.

    WP Fund Codes and Program Features

    (1) Areas with populations over 200,000 SU Funds

    These funds must be used in the federally designated Transportation Management Areas (TMAs).The TMA designation applies to the entire metropolitan planning area.

    These funds have been allocated to each of the urban areas in the state. Separate Distribution AreaCodes have been established in WPA to correspond to each of these urban areas, with the exceptionof X05 and X06 which are sub-allocations (in WPA) underthe Miami federal TMA. Projectsprogrammed with SU funds must also carry an appropriate distribution area code, as follows:

    Distribution Area Transportation Management AreaX01 Cape CoralX02 Sarasota BradentonX03 JacksonvilleX04 Pensacola, FL - ALX05 Ft. Lauderdale - Hollywood PompanoX06 Palm Beach - Boca Raton - Delray BeachX07 Daytona Beach Port OrangeX08 Melbourne Palm BayX09 OrlandoX10 MiamiX11 Tampa - St. PetersburgX12 Bonita Springs Naples

    X13 TallahasseeX14 Port St. Lucie

    Effective July 1, 2011 SU funds are soft-matched.

    (2) Areas with populations of 200,000 or less SL Funds

    These funds must be used in areas of the state that are located outside of the boundaries of theTransportation Management Areas (TMAs).

    Effective July 1, 2011, SL funds are soft-matched.

    (3) Areas with populations of 5,000 or less SN Funds

    These funds must be used exclusively in rural areas of the state with a population of 5,000 or less.

    Since June 6, 2008, Section 113(a) of the SAFETEA-LU Technical Corrections Act of 2008 (PublicLaw 110-244) extended the provision for up to 15% of these funds to be used on roads functionallyclassified as minor collectors.

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    (4) Any Area in the State SA Funds

    These funds may be used in any area of the state on "federal-aid roads." There are no restrictions asto geographical area.

    (5) Transportation Enhancements SE Funds

    Qualifying activities are listed in the Eligible Use of Funds section above.

    Most of the SE funds are allocated to the Districts. However, an allocation of $5 million annually isallocated for statewide projects (including non-conforming outdoor sign acquisition) administered fromthe Central Office.

    Statewide Enhancement Projects

    The Environmental Management Office (EMO) is responsible for programming and managing therelated fund allocation pertaining to statewide enhancement projects based upon qualifyingapplications for statewide environmental projects. The CEMO will recommend projects to theAssistant Secretary for Intermodal System Development and the Assistant Secretary for Finance and

    Administration for approval. To be considered a statewide enhancement project, following criteriamust be met:

    The project has statewide significance or is part of a large system or network, or

    Is sponsored by a state or federal agency, or Is required for FHWA mandates (e.g., non-conforming sign removal).

    A priority use of enhancement funding is for projects identified in the Statewide ComprehensiveGreenways Plan for greenways and trails prepared under a cooperative funding agreement betweenthe DOT and the Florida Department of Environmental Protection (DEP). DEP has been requested tosubmit potential candidates for the outer years in accordance with the Departments enhancementprocedure.

    Refer to departmental Procedure Topic Number 525-030-300 for qualification, selection andimplementation guidelines.

    Non-conforming Outdoor Sign Acquisition

    Projects will be programmed and managed by Central Office staff in the R/W Office, with assistancefrom the Work Program Development and Operations Office.

    The Central Office will program a phase 43 in each year for $40,000. This item/segment will beadministered by the Statewide Program Manager (Director, Office of R/W).

    Separate financial projects will be established for each District under the single Central Office WorkProgram item number. All payments for the voluntary sale and removal of non-conforming signs

    under this program will be processed through the R/W Office in Tallahassee.

    Section D: Highway Bridge Replacement and Rehabilitation Program

    Program Purpose

    The Highway Bridge Replacement and Rehabilitation Program provides funding to enable States toimprove the condition of their highway bridges through replacement, rehabilitation, and systematicpreventive maintenance.

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    Statutory References

    SAFETEA-LU Section(s): 1101(a)(3), 1114Other: 23 USC 144

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    Off-System Bridges

    A set aside of not less than 15% of the amount apportioned to each State in each fiscal year will be usedfor bridge projects that are not on a Federal-aid road. See the Bridge Chapter in Part III of theseinstructions for additional programming guidelines.

    WPA Fund Codes

    Effective July 1, 2010, Bridges on a Federal-aid road will use the ACBR fund code for projects to be

    authorized in AC mode and the BRT fund code for projects being authorized directly to the federalfund.

    Bridges not on a Federal-aid road (i.e. local roads) will use the BRTZ fund code.

    Eligible Use of Funds

    Bridges must qualify as eligible under the priority system established in Title 23, Section 144, U.S.C. Inaddition to rehabilitating and replacing qualifying bridges, eligible activities have been expanded toinclude systematic preventative maintenance. States may carry out projects for the installation of scourcountermeasures or systematic preventative maintenance without regard to whether the bridge is eligiblefor rehabilitation or replacement.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%. For those on the Interstate System, the Federalshare will be 90 percent.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section E: Congestion Mitigation and Air Quality ImprovementProgram

    Program Purpose

    The Congestion Mitigation and Air Quality Improvement Program (CMAQ) provides funding for projectsand programs in air quality nonattainment and maintenance areas for ozone, carbon monoxide (CO), andparticulate matter (PM-10, PM-2.5) which reduce transportation related emissions. [23 USC 149(a)]

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    Statutory References

    SAFETEA-LU Section(s): 1101(a)(5), 1103(d), 1808Other: 23 USC 149, 104(b)(2), 126(c)

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    Funding received for FY 2005 through FY 2009 for this program will be allocated as in previous years, tothe three (3) districts (5 attainment maintenance areas) based on the formulas in TEA-21. This policydecision was made to help protect the 5-Year Adopted Work Program. Since all areas within Florida arenow determined to be in attainment of the specified air quality standards, beginning in FY 2010, fundingreceived for this program will be allocated to all districts based on statutory formula.

    CMAQ funds allocated prior to FY 2005 may continue to be used, as allocated. CMAQ funds allocatedfor FY 2005 and forward will be adjusted to the new minimum levels established in SAFETEA-LU. Thedistricts are responsible for covering funding differences between the level of projects programmed and

    the adjusted allocations, using district managed funds. Based on the previous instruction of notprogramming projects using funds past the FY 2005 allocation, the impact of SAFETEA-LU reductionsshould be minimized.

    WPA Fund Code

    Projects using CMAQ funds will use the CM fund code.

    Eligible Use of Funds

    The Congestion Mitigation and Air Quality Improvement Program (CMAQ) directs funds to transportationprograms and projects which will, or are likely to, contribute to attainment of a National Ambient AirQuality Standard (NAAQS). Eligible projects/programs include:

    Transportation activities in an approved State Implementation Plan, Transportation control measures to assist areas designated as nonattainment under the Clean Air Act

    Amendments (CAAA) of 1990,

    Pedestrian/bicycles off-road or on-road facilities including modification of existing public walkways tocomply with the Americans with Disabilities Act,

    Management and monitoring systems, Traffic management/monitoring/congestion relief strategies,

    Transit (new system/service expansion or operations), Alternative fuel projects (including vehicle refueling infrastructure),

    Public/private partnerships and initiatives, Inspection and maintenance (I/M) programs,

    Intermodal freight , Alternative fuels (including clean fuel fleet programs and conversions), Telecommunications,

    Travel demand management, Project development activities for new services and programs with air quality benefits,

    Public education and outreach activities, Rideshare programs,

    Establishing/contracting with transportation management associations (TMAs), Fare/fee subsidy programs,

    Experimental pilot projects/innovative financing, and

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    Other Transportation projects with air quality benefits. Improve transportation systems management and operations that mitigate congestion and improve air

    quality

    Involve the purchase of integrated, interoperable emergency communications equipment Involve the purchase of diesel retrofits that are for motor vehicles or non-road vehicles and non-road

    engines used in construction projects located in ozone or particulate matter non-attainment or

    maintenance areas and funded under 23 USC Conduct outreach activities that provide assistance to diesel equipment and vehicle owners and

    operators regarding the purchase and installation of diesel retrofits

    Funds allocated after FY 2004 may be used for:

    Any project that would be CMAQ eligible if in a non-attainment or maintenance area (above list), or

    Any project that would eligible under the Surface Transportation Program.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%. For those on the Interstate System, the Federal

    share will be 90 percent. Certain other activities, including carpool/vanpool projects, priority controlsystems for emergency vehicles and transit vehicles and traffic control signalization receive a Federalshare of 100 percent.

    Although the nominal federal share is stated above, Florida has elected to utilize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section F: Highway Safety Improvement Program

    Program Purpose

    Beginning in 2006 SAFETEA-LU creates a new federal core program under Section 148 USC to achievea significant reduction in traffic fatalities and serious injuries on all public roads. This new program is theHighway Safety Improvement Program and replaces the TEA 21 10% set-aside from the STP Program forsafety activities. Section 152 USC funds previously used for safety improvements developed under theHazard Elimination Program or for projects resulting from Community Traffic Safety Teams (CTSTs) areeliminated and these activities are now incorporated under the new Highway Safety ImprovementProgram under Section 148 USC

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(6), 1401

    Funding/Formula

    Funds are set aside for the Railway-Highway Crossing Program (under Title 23, Section 130) beforeapportioning these funds to the States. An additional set-aside is made out of States apportioned fundsfor construction and operational improvements on High Risk Rural Roads.

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

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    WPA Fund Codes

    Highway Safety Improvement ProgramHSP fund code

    Railway-Highway Crossings:

    Hazard Elimination RHH fund code

    Protective Devices RHP fund code

    High Risk Rural Roads HRRR fund code

    Eligible Use of Funds

    States with Strategic Highway Safety Plans (SHSP) that meet the requirements of 23 USC 148 mayobligate Highway Safety Program funds for all the purposes listed below. Funds may be used for projectson any public road or publicly owned bicycle and pedestrian pathway or trail. Each State must have anSHSP to be eligible to use up to 10 percent of its HSP funds for other safety projects under 23 USC(including education, enforcement and emergency medical services). It must also certify that it has met

    its railway-highway crossing and infrastructure safety needs.

    Highway Safety Improvement Project - means, under Section 148 USC, a project described in theState Strategic Highway Safety Plan that corrects or improves a hazardous road location or feature, oraddresses a highway safety problem, including:

    An intersection safety improvement.

    Pavement and shoulder widening (including addition of a passing lane to remedy an unsafecondition).

    Installation of rumble strips or another warning device, if the rumble strips or other warning devices donot adversely affect the safety or mobility of bicyclists, pedestrians, and the disabled.

    Installation of a skid-resistant surface at an intersection or other location with a high frequency ofaccidents.

    An improvement for pedestrian or bicyclist safety or safety of the disabled. Construction of any project for the elimination of hazards at a railway-highway crossing that is eligible

    for funding under section 130, including the separation or protection of grades at railway-highwaycrossings.

    Construction of a railway-highway crossing safety feature, including installation of protective devices. The conduct of a model traffic enforcement activity at a railway-highway crossing.

    Construction of a traffic calming feature. Elimination of a roadside obstacle.

    Improvement of highway signage and pavement markings. Installation of a priority control system for emergency vehicles at signalized intersections.

    Installation of a traffic control or other warning device at a location with high accident potential. Safety-conscious planning. Improvement in the collection and analysis of crash data.

    Planning, integrated interoperable emergency communications equipment, operational activities, ortraffic enforcement activities (including police assistance) relating to work zone safety.

    Installation of guardrails, barriers (including barriers between construction work zones and trafficlanes for the safety of motorists and workers), and crash attenuators.

    The addition or retrofitting of structures or other measures to eliminate or reduce accidents involvingvehicles and wildlife.

    Installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicyclecrossings and in school zones.

    Construction and yellow-green signs at pedestrian-bicycle crossings and in school zones.

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    Construction and operational improvements on high risk rural roads. Construction of traffic circles, also known as roundabouts.

    Breakaway utility poles.

    Rail-Highway Crossings Program - All previous eligibilities continue under SAFETEA-LU. These fundsmay be used for projects on all public roads except for the interstate and turnpike systems. Eligible uses

    include construction of projects that eliminate hazards at rail-highway crossings, including (not limited to):

    Traffic control devices Grade separations

    Protective device improvements Reconstruction of existing railroad grade crossing structures

    Relocation of the highways to eliminate grade crossings.

    Improvements to the railroad infrastructure other than that directly related to the improvement of safety atrail-highway crossings are not eligible under this program.

    High Risk Rural Roads High-risk rural roads are roadways functionally classified as rural major orminor collectors or rural local roads with a fatal and incapacitating injury crash rate above the statewide

    average for those functional classes of roadways; or likely to experience an increase in traffic volume thatleads to a crash rate in excess of the average Statewide rate.

    If a State certifies that it has met all its needs relating to construction and operational improvements onhigh-risk rural roads, it may use those funds for any safety improvement project eligible under theHighway Safety Improvement Program.

    Federal Share

    The Federal share is generally 90 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 91.93%. The Federal share is 100% for certain safetyimprovements listed in 23 USC 120(c).

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section G: Equity Bonus Program

    Program Purpose

    The Equity Bonus provides funding to States based on equity considerations. These include a minimumrate of return on contributions to the Highway Account of the Highway Trust Fund, and a minimumincrease relative to the average dollar amount of apportionments under TEA-21. Selected States areguaranteed a share of apportionments and High Priority Projects not less than the States average annualshare under TEA-21. This program replaces TEA-21s Minimum Guarantee program.

    Equity Bonus funds are allocated to the Districts via statutory formula, except a portion of Equity Bonusfunds are used to supplement the statewide Bridge program and the SIS/FIHS program.

    Statutory References

    SAFETEA-LU Section(s): 1104, 1102

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    Funding/Formula

    Funded by contract authority, to remain available for 4 years.

    Each States share of apportionments from the Interstate Maintenance (IM), National Highway System(NHS), Bridge, Surface Transportation (STP), Highway Safety Improvement (HSIP), Congestion

    Mitigation and Air Quality Improvement (CMAQ), Metropolitan Planning, Appalachian DevelopmentHighway System, Recreational Trails, Safe Routes to School, Rail-Highway Grade Crossing, CoordinatedBorder Infrastructure programs, the Equity Bonus itself, along with High Priority Projects will be at least aspecified percentage of that States contributions to the Highway Account of the Highway Trust Fund.The specified percentage, referred to as a relative rate of return, is 90.5% for 2005 and 2006, 91.5% for2007, and 92% for 2008 and 2009.

    States with certain characteristics will receive a share of apportionments and High Priority Projects that isthe greater of the relative rate of return approach described above or their average annual share of totalapportionments and High Priority Projects under TEA-21. This applies to States with:

    A population density of less than 40 persons per square mile and of which at least 1.25% of the totalacreage is under Federal jurisdiction; or

    A total population less than 1 million; or A median household income of less than $35,000; or

    A 2002 Interstate fatality rate greater than 1 per 100M VMT; or A State with an indexed State motor fuel tax rate higher than 150% of the Federal motor fuel excise

    tax rate as of the date of enactment of SAFETEA-LU

    In any given year, no State is to receive less than a specified percentage of its average annualapportionments and High Priority Projects under TEA-21. These percentage floors are 117% for 2005,118% for 2006, 119% for 2007, 120% for 2008, and 121% for 2009.

    All but $2,639,000,000 per year is programmatically distributed to the IM, NHS, Bridge, STP, HSIP, andCMAQ programs. Of the remainder, $639,000,000 is exempt from the obligation limitation and $2 billionreceives special no year limitation. [1104, 1102]

    WPA Fund Codes

    Use the EB fund code for Equity Bonus funds allocated to the Districts.

    Use the ACEP fund code for Equity Bonus funds supplementing the Bridge program.

    Use the ACEN fund code for Equity Bonus funds supplementing the SIS/FIHS program.

    Eligible Use of Funds

    Amounts programmatically distributed to other core programs take on the eligibilities of those programs.

    EB funds allocated to the Districts can be used for any Title 23, USC eligible activity.

    Federal Share

    The Federal share for the funds programmatically distributed to other core programs have the sameFederal share as those programs.

    For Equity Bonus funds allocated to the districts and supplementing the Bridge and SIS/FIHS Programs,the Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%

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    additive for Florida, for a total federal share of 81.93%. For those on the Interstate System, the Federalshare will be 90 percent.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Match

    section in this chapter for further information on use of toll credits for the non-federal share.

    Section H: Safe Routes to School Program

    Program Purpose

    To enable and encourage children, including those with disabilities, to walk and bicycle to school; to makewalking and bicycling to school safe and more appealing; and to facilitate the planning, development andimplementation of projects that will improve safety, and reduce traffic, fuel consumption, and air pollutionin the vicinity of schools.

    Funds are to be administered by State departments of transportation to provide financial assistance toState, local, and regional agencies, including non-profit organizations, which demonstrate the ability to

    meet the requirements of the program.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(17), 1404

    Funding/Formula

    Funded by contract authority, to remain available until expended. Contract authority is not subject totransfer and is subject to the overall Federal-aid obligation limitation.

    Each year after deducting $3 million for the administrative expenses of the program, FHWA will apportionthe funds to States based on their relative shares of total enrollment in primary and middle schools

    (kindergarten through eighth grade), but no State will receive less than $1 million.

    Funds will be district allocated based on primary and middle school enrollments in each respective district

    WPA Fund Codes

    Infrastructure related projectsSR2S fund code

    Non-infrastructure related projectsSR2N fund code

    Optional 20% to be used for either Infrastructure or non-infrastructure SR2E fund code

    Eligible Use of Funds

    The optional 20% may be used for either Infrastructure or Non-infrastructure at the DistrictSecretarys discretion.

    Infrastructure Related Projects A minimum of 70% up to a maximum of 90% must be used forinfrastructure related projects. Eligible activities are the planning, design, and construction of projectsthat will substantially improve the ability of students to walk and bicycle to school. These include:

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    Sidewalk improvements Traffic calming and speed reduction improvements

    Pedestrian and bicycle crossing improvements On-street bicycle facilities

    Off-street bicycle and pedestrian facilities Secure bike parking

    Traffic diversion improvements in the vicinity of primary and middle schools (within approximately 2miles)

    Such projects may be carried out on any public road or any bicycle or pedestrian pathway or trail in thevicinity of schools.

    Non-infrastructure Related Projects A minimum of 10% up to a maximum of 30% must be used fornon-infrastructure related activities to encourage walking and bicycling to school. These include:

    Public awareness campaigns and outreach to press and community leaders

    Traffic education and enforcement in the vicinity of schools Student sessions on bicycle and pedestrian safety, health, and environment Training volunteers and managers of safe routes to school programs.

    Each State receiving program funds must use a sufficient amount of the funds to fund a full-time positionof coordinator of the States safe routes to school program.

    Federal Share

    The Federal share is 100 percent.

    Section I: State Planning and Research Program

    Program Purpose

    To provide funding for statewide transportation planning and transportation research activities.

    Statutory References

    SAFETEA-LU Section(s): 6001

    Other: 23 USC 135, 23 USC 505

    Funding/Formula

    The State Planning and Research program is funded by a 2 percent set- aside from each Statesapportionments for the Interstate Maintenance, National Highway System (NHS), Surface TransportationProgram (STP), Congestion Mitigation and Air Quality Improvement, and Bridge programs plus the new

    Highway Safety Improvement Program (HSIP) and 25% of funds so set aside must be used for research,development and technology transfer.

    Statewide planning is an eligible activity for additional funding under the STP and NHS programs.

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

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    WPA Fund Codes

    Statewide Planning Activities use HP fund code

    Research Activities use HR fund code

    Eligible Use of Funds

    Funds may be used for:

    Engineering and economic surveys and investigations,

    The planning of future highway programs and local public transportation systems, and the planning ofthe financing of such programs and systems including metropolitan and statewide planning,

    Development and implementation of management systems, Studies of the economy, safety, and convenience of highway usage and the desirable regulation and

    equitable taxation thereof, Research, development, and technology transfer activities necessary in connection with the planning,

    design, construction, and maintenance of highways, public transportation, and intermodaltransportation systems, and

    Study, research, and training on engineering standards and construction materials for the abovesystems, including evaluation and accreditation of inspection and testing and the regulation andtaxation of their use.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%.

    Although the nominal federal share is stated above, Florida has elected to utilize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section J: Metropolitan Planning

    Program Purpose

    The metropolitan planning process establishes a cooperative, continuous, and comprehensive frameworkfor making transportation investment decision in metropolitan areas.

    Program oversight is a joint Federal Highway Administration/Federal Transit Administration responsibility.

    Statutory References

    SAFETEA-LU Section(s): 1107, 6001

    Other: 23 USC 104, 134

    Funding/Formula

    The Metropolitan Planning Program is funded by a takedown of 1.25 percent from the SurfaceTransportation, Interstate Maintenance, Congestion Mitigation and Air Quality Improvement, HighwayBridge Replacement and Rehabilitation, and National Highway System programs, and by authorizationsin the transit title of SAFETEA-LU. [1107, 3007]

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    Funds set aside from the highway programs are distributed to the States based on the population inurbanized areas or portion of urbanized areas in the State compared to all States. [104(f)(2)]

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    WPA Fund Code

    Use PL fund code

    Eligible Use of Funds

    PL funds are available for MPO s to carry out the metropolitan transportation planning process requiredby 23 U.S.C. 134, including development of metropolitan area transportation plans and transportationimprovement programs.

    Eligible activities include conducting inventories of existing routes to determine their physical conditionand capacity, determining the types and volumes of vehicles using these routes, predicting the level andlocation of future population, employment, and economic growth, and using such information to determine

    current and future transportation needs.

    Under 23 U.S.C. 134, MPOs are responsible for developing, in cooperation with the State and affectedtransit operators, a long-range transportation plan and a four year transportation improvement program(TIP) for the area. Both the plan and the TIP must be fiscally constrained. The TIP also must beprioritized, and consistent with the transportation plan, and must include all projects in the metropolitanarea that are proposed for funding with either Title 23 or Federal Transit Act (Title 49, U.S.C., Chapter 53)money.

    SAFETEA-LU modifications include:

    Metropolitan Planning in General -

    MPOs will be encouraged to consult or coordinate with planning officials responsible for other types ofplanning activities affected by transportation, including planned growth, economic development,environmental protection, airport operations, and freight movement. [6001(g)]

    The metropolitan planning process is to promote consistency between transportation improvementsand State and local planned growth and economic development patterns. [6001(h)]

    Safety and security of the transportation system are separate planning factors that are to beconsidered during the metropolitan planning process. [6001(h)]

    A State will have 30 days to reimburse an MPO for planning expenses after request from the MPO forreimbursement.

    Long Range Transportation Plan

    Will be updated every 4 years (unless the MPO chooses to do so more frequently) in non-attainment

    and maintenance areas. Attainment areas remain on a 5-year update cycle. [6001(i)] Intermodal connectors are added as a transportation facility. [6001(i)] Include a discussion of potential environmental mitigation activities along with potential sites to carry

    out the activities to be included. The discussion is to be developed in consultation with Federal, State,and tribal wildlife, land management, and regulatory agencies. [6001(i)]

    Transit operators are to be included in the cooperative development of funding estimates for thefinancial plan section. [6001(i)]

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    MPOs are required to consult with State and local agencies responsible for land use management,natural resources, environmental protection, conservation, and historic preservation concerningdevelopment of the Plan. [6001(i)]

    Representatives of users of pedestrian walkways, bicycle transportation facilities, the disabled arespecifically added as parties to be provided with the opportunity to participate in the planning process.[6001(i)]

    The MPO is to develop a participation plan in consultation with interested parties that providesreasonable opportunities for all parties to comment. [6001(i)]

    To carry out the participation plan, public meetings are to be: conducted at convenient and accessiblelocations at convenient times; employ visualization techniques to describe plans; and make publicinformation available in an electronically accessible format, such as on the Web. [6001(i)]

    The Plan is to be published and made available electronically, such as on the Web. [6001(i)]

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to soft

    match these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section K: Recreational Trails Program

    Program Purpose

    The Recreational Trails program provides funds to the States to develop and maintain recreational trailsand trail-related facilities for both non-motorized and motorized recreational trail uses.

    Although these funds are authorized by the Florida Department of Transportation (FDOT) through FHWA,it is the responsibility of the Florida Department of Environmental Protection to advise FDOT as to whichprojects to authorize, and to administer the projects.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(8), 1109

    Other: 23 USC 104(h) & 206

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidhighway obligation limitation.

    Apportionments must be used as follows

    40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trailuse within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is fordiverse motorized use, for diverse non-motorized use, or to accommodate both motorized and non-motorized recreational trail use.

    30 percent shall be used for uses relating to motorized recreation. 30 percent shall be used for uses relating to non-motorized recreation.

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    WPA Fund Code

    Use RECT fund code

    Eligible Use of Funds

    Funds are available to develop, construct, maintain, and rehabilitate trails and trail facilities. Trail usesinclude hiking, bicycling, in-line skating, equestrian use, cross-country skiing, snowmobiling, off-roadmotorcycling, all-terrain vehicle riding, four-wheel driving, or using other off-road motorized vehicles.

    Eligible activities include:

    Maintenance and restoration of existing recreational trails. Development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational

    trails. Purchase and lease of recreational trail construction and maintenance equipment.

    Construction of new recreational trails, except that, in the case of new recreational trails crossingFederal lands, construction of the trails shall be o Permissible under other law;o Necessary and required by a statewide comprehensive outdoor recreation plan that is required by

    the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) and that is ineffect;

    o Approved by the administering agency of the State designated under subsection (c)(1), ando Approved by each Federal agency having jurisdiction over the affected lands under such terms

    and conditions as the head of the Federal agency determines to be appropriate, except that theapproval shall be contingent on compliance by the Federal agency with all applicable laws,including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest andRangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and theFederal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

    Acquisition of easements and fee simple title to property for recreational trails or recreational trailCorridors.

    Payment of costs to the State incurred in administering the program, but in an amount not to exceed

    7 percent of the apportionment made to the State for the fiscal year to carry out this section, and Operation of educational programs to promote safety and environmental protection as those

    objectives relate to the use of recreational trails, but in an amount not to exceed 5 percent of theapportionment made to the State for the fiscal year.

    Assessment of trail conditions for accessibility and maintenance.

    Eligible Grantees include private organizations, municipal, county, State, and Federal Governmententities, and other government entities as approved by the State after considering guidance from theState recreational trail advisory committee established under subsection (c)(2), for uses consistent withthis section.

    States are encouraged to enter into contracts and cooperative agreements with youth conservation andservice corps to perform trail construction and maintenance.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%.

    Although the nominal federal share is stated above, Florida has the option to utilize toll credits to softmatch these federal funds in lieu ofproviding matching funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. The FloridaDepartment of Environmental Protection advises FDOT on which projects to use soft match when

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    authorizing these federal funds. See the Soft Match section in this chapter for further information on useof toll credits for the non-federal share.

    Funds from other Federal programs outside the U.S. Department of Transportation may be used to fulfillthe non-Federal share requirement, except that the combination of the U.S. DOT other Federal agencyshare may not exceed 95 percent.

    Upon approval, planning and environmental assessment costs incurred prior to project approval may becredited toward the non-Federal share cost of the project.

    Recreational Trails funds may be used to match other Federal program funds for purposes that would beeligible under the Recreational Trails program.

    Section L: Forest Highways Program

    Program Purpose

    The Federal Lands Highways program provides for transportation planning, research, engineering, andconstruction of highways, roads, and parkways and transit facilities that proved access to or within publiclands, national parks, and Indian reservations.

    Included under the umbrella of Federal Lands Highways are the following programs:

    Indian Reservation Roads (IRR) (generally administered by the Bureau of Indian Affairs) Park Roads and Parkways (generally administered by the National Park Service)

    Refuge Roads (generally administered by the National Park Service), and Public Lands Highways (PLH)

    (1)

    (1)Includes the Public Lands Highways (PLH) Discretionary Program and the Forest HighwaysProgram. The PLH Discretionary Program is described in another section of this chapter.

    Forest highways are public roads that are owned by State or local agencies and serve the NationalForest system. They should not be confused with forest development roads which are owned by theForest Service. Forest highways are designated by FHWA's Federal Lands Highway Division Engineersin consultation with State department of transportation and local agencies and with the Forest Service.

    Forest Highway funds are administered out of the Eastern Federal Lands Highway Division in Sterling,Virginia.

    Statutory References

    SAFETEA-LU Section(s): 1119

    Other: 23 USC 202, 203, 204

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    66 percent of the allocated PLH funds shall be allocated for Forest Highway routes in accordancewith the formula established in Section 134 of the 1987 STURAA with equal consideration given forfunding roads providing access to and within the National Forest system determined by renewableresource and land use planning and the impact of such planning on transportation facilities.

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    The other 34 percent goes to the Public Lands Highways Discretionary Program.

    WPA Fund Code

    Use PLH fund code

    Eligible Use of Funds

    Forest Highway funds may be used on eligible Forest Highway roads as defined in 23 U.S.C. 101 for thefollowing purposes:

    Planning, research, engineering, highway construction and highway reconstruction, Transportation planning for programs to enhance tourism and recreational development,

    Adjacent vehicular parking areas, Interpretive signs,

    Acquisition of necessary scenic easements and scenic or historic sites, Pedestrian/bicycles off-road or on-road facilities including modification of existing public walkways to

    comply with the Americans with Disabilities Act, Construction and reconstruction of roadside rest areas, including sanitary and water facilities,

    Other appropriate facilities such as visitor centers.

    SAFETEA-LU added:

    Up to $20 million per year nationally for maintenance of Forest Highways.

    $1 million per year nationally for signage identifying public hunting and fishing access.

    The State highway agency must concur in the planning and selection of projects.

    Federal Share

    The federal share is 100 percent.

    Section M: Highways for Life Pilot Program (new)

    Program Purpose

    A new discretionary program that provides funding to demonstrate and promote state-of-the-arttechnologies, elevated performance standards, and new business practices in the highway constructionprocess that result in improved safety, faster construction, reduced congestion from construction, andimproved quality and user satisfaction.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(20), 1502

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    A State may obligate up to 10 percent its apportionments for one or more of the Interstate Maintenance,National Highway System, Congestion Mitigation and Air Quality Improvement or Surface Transportationprograms for projects approved under the Highways for LIFE program.

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    WPA Fund Code

    To be assigned when funds are made available.

    Eligible Use of Funds

    To participate in the program, States are required to submit an application that includes a description ofthe proposed project(s). Priority will be given to projects that:

    Address Highways for LIFE performance standards for quality, safety and speed of construction.

    Deliver and deploy innovative technologies, manufacturing processes, financing, contracting, andperformance measures.

    Include innovation that will lead to change in the administration of the States transportation program . Are or will be ready for construction within 1 year of approval of the project proposal.

    A project is eligible if it:

    Constructs, reconstructs or rehabilitates a route or connection on an eligible Federal-aid highway. Uses innovative technologies, manufacturing processes, financing or contracting methods that

    improve safety, reduce congestion due to construction, and improve quality. Meets additional criteria as determined by the Secretary.

    The amount allocated for a Highways for LIFE project may be up to 20% but not more than $5 million, ofthe total project cost.

    For the period 2005 2009 at least 1 project in each State shall be approved for program participation, ifpossible. The maximum number of projects that may be approved in any 1 fiscal year is 15.

    Federal Share

    The Federal share for projects approved under this program may be up to 100 percent. Program fundsmay be applied to the non-Federal share of the cost of construction of a project under 23 USC.

    The Federal share for Technology Partnerships may be up to 80 percent.

    Section N: Ferry Boats and Ferry Terminal Facilities

    Program Purpose

    This discretionary program provides funding for the construction of ferry boats and ferry terminal facilities.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(13), 1801

    Other: 23 USC 147 & 129(c)

    Funding/Formula

    Funded by contract authority, to remain available until expended. Funds are subject to the overallFederal-aid obligation limitation.

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    In addition to the authorizations provided in section 1101, there is funding authorized from the GeneralFund of the Treasury of such sums as may be necessary to carry out the provisions of the program forfiscal years 2006 through 2009. These funds are subject to annual appropriation. [1801]

    WPA Fund Codes

    Use the FBD fund code

    Eligible Use of Funds

    Priority shall be given to projects that:

    Provide critical access to areas not well served by other modes of surface transportation Carry the greatest number of passengers and vehicles

    Carry the greatest number of passengers in passengers-only service

    Funds shall be available to construct ferry boats and ferry terminal facilities within the States andterritories of the United States. The ferry boat must operate on a route classified as a public road and noton the Interstate and be either publicly owned or operated or majority publicly owned. Except as

    permitted under 23 USC 129(c)(5), ferry operations cannot be operated in foreign or international waters.

    Federal Share

    The Federal share is generally 80 percent, subject to the sliding scale adjustment, which is a 1.93%additive for Florida, for a total federal share of 81.93%.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section O: Innovative Bridge Research and Deployment Program(name change)

    (Replaces Innovative Bridge Research and ConstructionProgram)

    Program Purpose

    The purpose of this discretionary program is to promote, demonstrate, evaluate, and document theapplication of innovative designs, materials, and construction methods in the construction, repair, andrehabilitation of bridges and other highway structures.

    The goals of the program include

    The development of new, cost-effective, innovative highway bridge applications; The development of construction techniques to increase safety and reduce construction time and

    traffic congestion;

    The development of engineering design criteria for innovative products, materials, and structuralsystems for use in highway bridges and structures;

    The reduction of maintenance costs and life-cycle costs of bridges, including the costs of newconstruction, replacement, or rehabilitation of deficient bridges;

    The development of highway bridges and structures that will withstand natural disasters;

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    The documentation and wide dissemination of objective evaluations of the performance and benefitsof these innovative designs, materials, and construction methods;

    The effective transfer of resulting information and technology; and

    The development of improved methods to detect bridge scour and economical bridge foundationdesigns that will withstand bridge scour.

    A certain amount of funding each year will be obligated to conduct research and deploy technologyrelated to high-performance concrete bridges.

    A certain amount of funding each year will be obligated to demonstrate the application of high-performingsteel in the construction and rehabilitation of bridges.

    Statutory References

    SAFETEA-LU Section 5202(b)

    Other: 23 USC 503(b)

    Funding/Formula

    Funded by contract authority, to remain available until expended. Funds are subject to the overallFederal-aid obligation limitation.

    WPA Fund Codes

    Use the IBRC fund code.

    Eligible Use of Funds

    The research portion of the program allows for grants to States, other Federal agencies, universities andcolleges, private sector entities, and non-profit organizations to pay the Federal share of the cost ofresearch and development, and technology transfer concerning innovative materials.

    Under the construction portion, the program allows for cooperative agreements and contracts with theStates to pay for the Federal share of the cost of bridge repair, rehabilitation, replacement, and newconstruction to demonstrate the application of innovative materials. The FHWA annually solicitscandidates from State highway agencies. An FHWA panel determines whether candidate projects meetthe program goals.

    Bridges on all public roads, including State and locally funded projects, are eligible.

    Additionally, funds may be used for preliminary engineering and the costs of evaluation of the innovativematerial performance over a reasonable time period.

    Federal Share

    The Federal share for projects approved under this program may be up to 100 percent.

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    Section P: Interstate Maintenance Discretionary

    Program Purpose

    IMD funds may be allocated to the States for resurfacing, restoring, rehabilitating, and reconstructingmost existing routes or portions thereof on the Interstate System, including providing additional Interstatecapacity.

    Statutory References

    SAFETEA-LU Section(s): 1101(a)(1), 1111

    Other: 23 USC 119, 104(b)(4), 118(c)

    Funding/Formula

    Funded by contract authority, to remain available until expended. Funds are subject to the overallFederal-aid obligation limitation.

    WPA Fund Codes

    Use the IMD fund code.

    Eligible Use of Funds

    These funds are provided for resurfacing, restoration, rehabilitation and reconstruction of any route orportion thereof on the Interstate System.

    The funds could be used by any State that had:

    Obligated or demonstrated that it would obligate in the fiscal year all its Interstate Maintenanceapportionments, except for amounts too small to pay the Federal share of the cost of a project forresurfacing, restoring, rehabilitating, or reconstructing the Interstate System which had beensubmitted for approval, and

    Indicated it was willing and able to obligate the funds within 1 year of the date they were madeavailable, apply them to a ready to commence project, and, for construction work, begin work within90 days of obligation.

    Federal Share

    The Federal share is 90 percent.

    Although the nominal federal share is stated above, Florida has elected to util ize toll credits to softmatch these federal funds in lieu of matching with state funds. This, in essence, allows the Departmentto increase the federal share to 100% with no additional non-federal funds required. See the Soft Matchsection in this chapter for further information on use of toll credits for the non-federal share.

    Section Q: Public Land Highways

    Program Purpose

    The Federal Lands Highways program provides for transportation planning, research, engineering, andconstruction of highways, roads, and parkways and transit facilities that proved access to or within publiclands, national parks, and Indian reservations.

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    Included under the umbrella of Federal Lands Highways are the following programs:

    Indian Reservation Roads (IRR) (generally administered by the Bureau of Indian Affairs) Park Roads and Parkways (generally administered by the National Park Service)

    Refuge Roads (generally administered by the National Park Service), and Public Lands Highways (PLH)

    (1)

    (1)Includes the Public Lands Highways (PLH) Discretionary Program and the Forest Highways

    Program. The Forest Highways Program is described in another section of this chapter.

    A Public Lands Highway" as defined in 23 U.S.C. 101 is a forest road or any highway throughunappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations that isunder the jurisdiction of and maintained by a public authority and open to public travel.

    Forest highways are public roads that are owned by State or local agencies and serve the NationalForest system. They should not be confused with forest development roads which are owned by theForest Service. Forest highways are designated by FHWA's Federal Lands Highway Division Engineersin consultation with State department of transportation and local agencies and with the Forest Service.

    Public Lands Highways funds are administered out of the Eastern Federal Lands Highway Division inSterling, Virginia.

    Statutory References

    SAFETEA-LU Section(s): 1119

    Other: 23 USC 202, 203, 204

    Funding/Formula

    Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aidobligation limitation.

    66 percent of the allocated PLH funds shall be allocated for Forest Highway routes in accordance with theformula established in Section 134 of the 1987 STURAA with equal consideration given for funding roadsproviding access to and within the National Forest system determined by renewable resource and landuse planning and the impact of such planning on transportation facilities.

    34 percent of the allocated PLH funds shall be allocated for the Public Lands HighwaysDiscretionary Program for Public Lands routes, with preference being given to projects which aresignificantly impacted by Federal land and resource management activities propo