[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17344-17348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9561]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


National Recreational Trails Funding Program; Certification 
Requirements

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: The FHWA is announcing certification requirements for States 
to be eligible to receive allocations through the National Recreational 
Trails Funding Program, authorized by the National Recreational Trails 
Fund Act. This notice is intended to inform the public of the 
requirements that a State must meet to be eligible to receive an 
allocation under the Trails Program, and to inform the public of the 
allocations available to a State if the State certifies its eligibility 
to receive an allocation. The requirements and several attachments, 
which were distributed to the FHWA's regional and division offices on 
January 26, 1996, are included in the supplementary information 
section.

FOR FURTHER INFORMATION CONTACT: Christopher B. Douwes, Intermodal and 
Statewide Programs Division, HEP-10, Room 3222, (202) 366-5013; or 
Robert J. Black, Office of the Chief Counsel, HCC-31, (202) 366-1359; 
Federal Highway Administration, 400 Seventh St., 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. This information also is 
available from FHWA's regional and division offices. These addresses 
were published in a Federal Register notice on January 4, 1993 (58 FR 
128). This information is available for public review and copying at 
the FHWA, Room 4232, 400 Seventh Street SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: On January 26, 1996, FHWA issued procedures 
to its regional and division offices for States to certify their 
eligibility to receive allocations under the National Recreational 
Trails Fund Act (NRTFA) (Section 13011303 of Pub. L. 102-240, 105 
Stat. 1914, 2064; Section 337 of Pub.L. 104-59, 109 Stat. 568, 602). 
The full text of the memorandum and attachments announcing these 
procedures follows.
    Subject: ACTION: Certification of Eligibility for the National 
Recreational Trails Funding Program (Reply due: June 4, 1996).
    From: Associate Administrator for Program Development.
    To: Regional Administrators, Federal Lands Highway Program 
Administrator.

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    The National Recreational Trails Funding Program (Trails Program) 
received $15 million annually in contract authority for fiscal years 
(FY) 1996 and 1997 in the National Highway System (NHS) Designation Act 
of 1995. For FY 1996, we have retained $336,000 for administrative 
expenses (less than the $450,000 permitted) and we are allocating the 
remaining $14,664,000 to eligible States.
    As specified in the National Recreational Trails Fund Act (NRTFA), 
as amended, (Section 1302 of ISTEA, and Section 337 of the NHS Act), a 
State must have a Recreational Trail Advisory Board on which both 
motorized and nonmotorized recreational trail users are represented to 
be eligible to receive an allocation under the Trails Program. The 
deadline for establishing this board was December 18, 1994. However, 
many States did not establish their boards because the Trails Program 
did not have any funding, and funding remained uncertain until the NHS 
Act was passed.
    Therefore, we have established a certification procedure to provide 
as many States as possible with an opportunity to participate in the 
Trails Program and ensure that funds go to those States that are 
eligible consistent with the NRTFA. We are requesting that you work 
with the appropriate State agency to satisfy this certification 
requirement. Attachment A describes what is required for a State to 
certify eligibility to receive an allocation of obligation limitation 
under the Trails Program. The deadline for State certification is June 
4, 1996. A copy of the certification should be forwarded to Christopher 
Douwes, HEP-10, so that obligation limitation may be allocated to the 
State.
    Attachment B lists the amount of funds that will be available for 
allocation in FY 1996 if States certify their eligibility to receive an 
allocation of obligation limitation. Attachment C explains how the 
amounts in Attachment B were developed. If a State remains ineligible 
for funding after the June 4, 1996, deadline, its share of funds will 
be allocated to the eligible States.
    The Trails Program allocations are not part of the Federal-aid 
highway apportionments and allocations. The Trails Program allocations 
do not affect a State's Minimum Allocation, Donor State Bonus, or other 
Federal-aid highway program apportionments or allocations.
    According to the NRTFA, Trails Program allocations through the 
National Recreational Trails Trust Fund are available for obligation 
for 4 fiscal years (current year plus 3 years). However, since the FY 
1996 and 1997 funds are contract authority through FHWA administrative 
funds, these funds, once allocated to an eligible State, are available 
for obligation until expended. Nevertheless, States should try to 
obligate their funds in a timely manner.
    The NHS Act made several important changes in the Trails Program. 
The State fuel tax requirement was deleted. The Trails Program now 
provides for a 50 percent Federal share for each project, and requires 
a 50 percent non-Federal share. The NHS Act allows the donation of 
[private] 1 funds, materials, and services at fair market value to 
be counted toward the non-Federal share.
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    \1\  Emendation for clarification subsequent to original 
memorandum.
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    Attachment D provides guidelines for establishing the State 
Recreational Trail Advisory Boards.
    We are issuing program guidance for the Trails Program in a 
separate memorandum. If you have further questions, please contact 
Christopher B. Douwes, HEP-10, at (202) 366-5013; or John C. Fegan, 
HEP-10, at (202) 366-5007.
/s/ Kevin E. Heanue, for Thomas J. Ptak.
4 Attachments

Attachment A

National Recreational Trails Funding Program

State Certification Procedure
    To receive a FY 1996 allocation through the National Recreational 
Trails Funding Program, a State must send a letter to the FHWA division 
office certifying that it meets certain requirements of the program as 
outlined below. The State should send this letter as soon as it can 
certify that it meets the criteria. The certification should be 
forwarded to Christopher B. Douwes, HEP-10, so that obligation 
limitation can be allocated to the State.
    The deadline for a State's certification letter to be received by 
the division is on or before June 4, 1996. A State that has not 
certified eligibility by this date will not be allocated any funds for 
FY 1996, and remaining funds will be reallocated to eligible States in 
mid-June 1996. A State ineligible to receive an allocation in FY 1996 
will be eligible to receive an allocation in FY 1997 if it certifies 
that it meets the criteria before September 30, 1996.
    The certification letter must include the following:
    1. Name the Official and Agency designated by the Governor to 
administer the National Recreational Trails Funding Program within the 
State. (In most States, this will be the State resource agency.)
    2. Certify that the State has a Recreational Trail Advisory Board 
in existence on which both motorized and nonmotorized recreational 
trail users are represented.

    Note: The Small State Exclusion does not exempt any State from 
the requirement to have both motorized and nonmotorized 
representation. See Attachment D for further guidance on the 
establishment of the Advisory Board.

    3. Certify that Trails Program funds will be used on trails and 
trail-related projects which are identified in, or which further a 
specific goal of, a trail plan included or referenced in a current 
Statewide Comprehensive Outdoor Recreation Plan.
    4. Certify that the State will conform with the Assured Access to 
Funds requirement--that the State will provide at least 30 percent of 
its trail project funds for uses relating to motorized trail use and at 
least 30 percent of its funds for uses relating to nonmotorized trail 
use.
    Exceptions:
    A. A State that qualifies for the Small State Exclusion (DC, RI, 
DE, PR, CT) may certify instead that it meets the requirements for the 
Small State Exclusion.
    B. The NRTFA allows a State's Recreational Trail Advisory Board 
(with both motorized and nonmotorized recreational trail user 
representation) to exempt the State from the Assured Access to Funds 
requirement. Therefore, a State may certify that it will conform with 
the Assured Access to Funds requirement unless its Recreational Trail 
Advisory Board votes to exempt the State from this requirement. This 
vote must take place in a public meeting. It may take place after the 
State's initial certification letter. If the Advisory Board votes for 
the exemption, the State must certify to the division office that this 
vote has taken place. This certification should be forwarded to HEP-10.
    5. Certify that the State will conform with the Diversified Trail 
Use Requirement that the State will provide at least 40 percent of its 
trail project funds for diversified trail use. (There are no exceptions 
to this requirement.)
    6. Be signed by the official designated by the Governor to 
administer this program.

Attachment C

Development of FY 1996 NRTFA Allocations

    According to the National Recreational Trails Fund Act (NRTFA),

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half of the funds allocated to the States are allocated equally among 
all States. The other half of the funds are allocated in proportion to 
the amount of nonhighway recreational fuel use in each State.
Explanation of Columns in Attachment B
    1. Percent of National Off-Road Recreational Fuel Use: A State's 
percentage share of National off-road recreational fuel use. See 
Development of Fuel Use Information below.
    2. Allocation Based on Share of Fuel Use: A State's potential 
allocation based on its share of National off-road recreational fuel 
use.
    3. Equal Allocation: A State's potential allocation based on an 
equal allocation to all States (including the District of Columbia and 
Puerto Rico). This is $141,000 per State.
    4. Total Potential Allocation: Total allocation potentially 
available to an eligible State, summing the Allocation Based on Share 
of Fuel Use and the Equal Allocation. This amount will be allocated 
after certification of eligibility.
    5. 7 percent Maximum for Administration: This is the maximum amount 
of funds available for State administrative purposes. It is the Total 
Potential Allocation multiplied by 0.07, rounded down to the nearest 
dollar. This is the maximum allowable; States may use less than this 
amount.
    6. 5 percent Maximum for Education: This is the maximum amount of 
funds available for State environmental protection and safety education 
expenses. It is the Total Potential Allocation multiplied by 0.05, 
rounded down to the nearest dollar. This is the maximum allowable; 
States may use less than this amount.
    7. 88 percent Minimum for Trail Projects: This is the minimum that 
must be used for on-the-ground trail projects. It is the Total 
Potential Allocation less the rounded amounts for administration and 
education. This is the minimum allowable, and States may use more than 
this amount.
    8. 30 percent Minimum Assured Access: This is 30 percent of the 88 
percent Minimum for Trail Projects figure. States should round this 
figure up to the nearest dollar. If a State uses more than 88 percent 
of its allocation for actual trail projects, this figure must increase 
proportionately.
    9. 40 percent Minimum Diversified Trail Use: This is 40 percent of 
the 88 percent Minimum for Trail Projects figure. States should round 
this figure up to the nearest dollar. If a State uses more than 88 
percent of its allocation for actual trail projects, this figure must 
increase proportionately.
    There may be overlap between the 30 percent minimum assured access 
for motorized use and the 40 percent minimum for diversified trail use. 
There may be overlap between the 30% minimum for nonmotorized and the 
40 percent minimum for diversified trail use. Projects may be 
classified in one of the five following categories:

Category 1--Nonmotorized single use projects (such as pedestrian use 
only, or ski use only)
Category 2--Nonmotorized diversified projects (such as pedestrian, 
bicycle, and in-line skate use)
Category 3--Diversified use projects for both motorized and 
nonmotorized use (such as summer equestrian use and winter snowmobile 
use, or a common trailhead project serving separate ATV and bicycle 
trails)
Category 4--Motorized single use projects (such as snowmobile use only)
Category 5--Motorized diversified use projects (such as light utility 
vehicle and motorcycle use).

    Projects in categories 1 and 2 count toward the 30 percent 
nonmotorized minimum. Use of wheelchairs by mobility-impaired people, 
whether manual or motorized, constitutes pedestrian use, not motorized 
trail use. Projects in categories 4 and 5 count toward the 30 percent 
motorized minimum. Projects in categories 2, 3, and 5 count toward the 
40 percent diversified minimum.
Development of Fuel Use Information
    Half of the funds allocated under the National Recreational Trails 
Funding Program are allocated in proportion to each State's share of 
nonhighway recreational fuel use. The FY 1996 allocations are based on 
a model developed by Oak Ridge National Laboratories for FHWA in July 
1994. This report was distributed to all FHWA Regions, Divisions, and 
to States in November 1994. The Oak Ridge model allows FHWA to insert 
updated vehicle and fuel use information.
    Some State shares of FY 1996 allocations are significantly 
different from the FY 1993 allocations. FHWA did not have complete fuel 
use information available when the FY 1993 allocations were made, 
especially about light utility vehicles. A major factor in the FY 1993 
allocations was fuel use by snowmobiles. The Oak Ridge report found 
that fuel use by light utility vehicles is the predominant factor. 
Therefore, States with heavy snowmobile use have relatively smaller 
shares in FY 1996 than in FY 1993. States with more light utility 
vehicle use have relatively larger shares in FY 1996 than in FY 1993.
    FHWA will continue to monitor off-road recreational fuel use to 
assure fair allocations to the States.

Attachment D

State Recreational Trail Advisory Boards

Establishment and Representation
    The National Recreational Trails Fund Act (NRTFA) states that a 
State shall be eligible to receive moneys under this part only if * * * 
a recreational trail advisory board on which both motorized and 
nonmotorized recreational trail users are represented exists within the 
State.
    This means that, to receive an allocation under the NRTFA:
    1. The State must have a Recreational Trail Advisory Board in 
existence.
    2. There must be representation from actual motorized recreational 
trail users.
    3. There must be representation from actual nonmotorized 
recreational trail users.
    The State Recreational Trail Advisory Board is not required to have 
the same representation as the National Recreational Trails Advisory 
Committee. For example, southern States are not expected to have 
representation from snowmobile users or skiers. However, the National 
Committee strongly recommended that States have fair representation of 
both motorized and nonmotorized recreational trail users.
    States have substantial flexibility in determining the membership 
of the Recreational Trail Advisory Boards. The State Advisory Board may 
include uses not represented on the National Committee, such as in-line 
skating, birdwatching, or dog-sledding. It may include multiple 
representation from a particular mode, such as urban trail bicycling 
and mountain bicycling. It may have representation from local, State, 
or Federal agencies, from land use or natural resource groups, other 
trail advocacy groups, recreational businesses, etc. However, an 
Advisory Board consisting only of State officials and natural resource 
organizations would not qualify under the NRTFA, because the Board must 
have trail user representation.
    Some States had previously existing nonmotorized trail committees 
and previously existing motorized trail committees. A State may combine 
these committees for the purposes of the NRTFA.

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    The Small State Exclusion [section (e)(7) as amended in the NHS 
Act] does not exempt any State from the requirement to have both 
motorized and nonmotorized recreational trail user representation. The 
Small State Exclusion only allows a small State to exempt itself from 
the requirement to meet the 30 percent minimum motorized or 30 percent 
minimum nonmotorized requirement. The Small State Exclusion only 
applies to DC, RI, DE, PR, and CT. It does not exempt a State from the 
40 percent minimum diversified requirement.
Duties of the State Recreational Trail Advisory Board
    The NRTFA (as amended) lists the following duties for the State 
Recreational Trail Advisory Board:

Section (e)(3): Provide guidance to the State for how the State may 
make grants to private individuals, organizations, city and county 
governments, and other government entities.
Section (e)(5): Issue guidance to the State to meet the new 
environmental mitigation requirementa State should give consideration 
to project proposals that provide for the redesign, reconstruction, 
nonroutine maintenance, or relocation of trails in order to mitigate 
and minimize the impact to the natural environment.
Section (e)(6): Provide guidance to the State to determine compliance 
with the diversified trail use requirementthat at least 40 percent of 
the funds must be used for projects that provide for the greatest 
number of compatible recreational uses, or provide for innovative 
recreational trail corridor sharing to accommodate both motorized and 
nonmotorized recreational trail use.
Section (e)(9): May approve an exemption for the State from the Assured 
Access to Funds requirementthat at least 30 percent of the funds be 
used for projects relating to motorized use and at least 30 percent of 
the funds be used for projects relating to nonmotorized use.

    Each State has the flexibility to determine other roles for the 
Advisory Board. The National Recreational Trails Advisory Committee 
encouraged States to involve their Advisory Boards in project 
selection, both for projects funded under the NRTFA, and for State-
funded projects.

(Sections 1301, 1302, 1303, 8003, Pub. L. 102-240, 105 Stat. 1914, 
2064, 2205; Section 337, Pub.L. 104-59, 109 Stat. 568, 602; 23 
U.S.C. 315; 49 CFR 1.48)

    Issued on: April 1, 1996.
Rodney E. Slater,
Federal Highway Administrator.

BILLING CODE 4910-22-P

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[GRAPHIC] [TIFF OMITTED] TN19AP96.056



[FR Doc. 96-9561 Filed 4-18-96; 8:45 am]
BILLING CODE 4910-22-C