[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Pages 73116-73117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33807]



Federal Highway Administration

Transportation Equity Act for the 21st Century (TEA-21); Final 
Implementation Guidance for Transportation Enhancement Activities

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of availability of final guidance.


SUMMARY: This document provides notice of the availability of final 
implementation guidance on the transportation enhancements (TE) 
provisions of the Federal-aid program administered by the FHWA. This 
guidance provides information and assistance to the States and local 
agencies in the delivery of the TE program, and includes amendments 
made by the Transportation Equity Act for the 21st Century (TEA-21).

FOR FURTHER INFORMATION CONTACT: Mr. Harold Peaks, Community Impacts 
and Transportation Enhancements Team Leader, HEPH, (202) 366-1598; or 
Mr. S. Reid Alsop, Office of the Chief Counsel, HCC-31, (202) 366-1371, 
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.


Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at: http://www.nara.gov/fedreg and the Government Printing 
Office's database at: http://www.access.gpo.gov/nara.

Availability of Final Guidance

    A copy of the final TE guidance may be obtained by calling (202) 
366-0106 or may be viewed at the FHWA's web page as follows: http://


    On June 9, 1998, President Clinton signed into law the TEA-21, 
Public Law 105-178, 112 Stat. 107. The legislation includes 
improvements and changes to the TE program administered by the FHWA.
    The interim guidance on TE was issued on June 17, 1999. To obtain a 
copy of this guidance, please contact the FHWA, Office of Human 
Environment, at 202-366-0106. We have not received many substantive 
comments on the interim guidance. However, a number of general comments 
were obtained through participants' discussions at the National 
Transportation Enhancements Coordinators meeting, held in Pittsburgh on 
June 22-23, 1999. The comments include topics such as user fees, 
linkage to scenic or historic sites, value of donations, local match, 
and military transport. The comments received are reflected in the 
questions and answers developed and made a part of the final TE 
guidance. The list of questions and answers assist in clarifying 
specific sections where issues have been brought to the attention of 
the FHWA. These questions and answers are among the more common 
questions raised by enhancement coordinators, project proponents, and 
interest groups. The expectation is that the list of questions and 
answers will remain fluid, and additional questions and answers will be 
added to the list as appropriate.
    The final guidance, issued on December 17, 1999, supersedes two 
guidance memorandums issued by the FHWA: ``Transportation Enhancement 
Activities,'' dated April 24, 1992, and ``Eligibility of Historic 
Preservation Work for Transportation Enhancement Funding,'' dated June 
6, 1995.
    The final guidance does not attempt to address all the possible 
questions that have been or could be raised concerning transportation 
enhancements. The guidance, however, provides further information 
concerning the process of determining whether or not activities qualify 
for TE set-aside funds.
    Much of this final guidance focuses particularly on the provisions 
related to TE activities added or amended by the TEA-21. It also 
provides brief summaries of relevant information detailed in other 
related guidance memoranda. It does not seek to replace these memoranda 
where they remain current and the information valid.
    Among the key changes reflected in this final implementation 
guidance are the following:
    1. Congress provided that TE activities must ``relate to surface 
transportation.'' This makes clear that TE projects are to have a 
relationship to surface transportation;
    2. New categories of TE activities added by the TEA-21 are 
discussed; and
    3. Innovative financing opportunities are provided by the TEA-21 
and their program implications are discussed.
    The TEA-21 continued the provision in 23 U.S.C. 133(d)(2) requiring 
10 percent of the Surface Transportation Program (STP) funds be set-
aside and be available only for TE activities. The specific language 
    (2) For transportation enhancement activities.--10 percent of the 
funds apportioned to a State under section 104(b)(3) for a fiscal year 
shall only be available for transportation enhancement activities.
    Section 1201 of the TEA-21 amends 23 U.S.C. 101(a)(35) which 
defines TE activities. Also, the TEA-21 amends 23 U.S.C. 134(h) and 23 
U.S.C. 135(f); but continues to specify in 23 U.S.C. 135(f)(2)(G) that 
the statewide transportation improvement program shall reflect the 
priorities for programming and expenditure of funds, including 
transportation enhancements. This document provides guidance concerning 
the interpretation of the TE provisions and their implementation.

[[Page 73117]]

    The list of qualifying TE activities provided in 23 U.S.C. 
101(a)(35) of the TEA-21 is intended to be exclusive, not illustrative. 
That is, only those activities listed therein are eligible as TE 
activities. They are listed below (Items listed in italics are those 
added by TEA-21):
    TE Activities Defined--
    1. Provision of facilities for pedestrians and bicycles.
    2. Provision of safety and educational activities for pedestrians 
and bicyclists.
    3. Acquisition of scenic easements and scenic or historic sites.
    4. Scenic or historic highway programs (including the provision of 
tourist and welcome center facilities).
    5. Landscaping and other scenic beautification.
    6. Historic preservation.
    7. Rehabilitation and operation of historic transportation 
buildings, structures, or facilities (including historic railroad 
facilities and canals).
    8. Preservation of abandoned railway corridors (including the 
conversion and use thereof for pedestrian or bicycle trails).
    9. Control and removal of outdoor advertising.
    10. Archaeological planning and research.
    11. Environmental mitigation to address water pollution due to 
highway runoff or reduce vehicle-caused wildlife mortality while 
maintaining habitat connectivity.
    12. Establishment of transportation museums.
    Many projects are a mix of elements, some on the list and some not. 
Only those project elements which are on the list may be counted as TE 
activities. For example, a rest area might include a historic site 
purchased and developed as an interpretive site illustrating local 
history. The historic site purchase and development could qualify as a 
transportation enhancement activity.
    Activities which are not explicitly on the list may qualify if they 
are an integral part of a larger qualifying activity. For example, if 
the rehabilitation of a historic railroad station required the 
construction of new drainage facilities, the entire project could be 
considered for TE funding. Similarly, environmental analysis, project 
planning, design, land acquisition, and construction enhancement 
activities are eligible for funding.
    The funded activities must be accessible to the general public or 
targeted to a broad segment of the general public.

    Authority: 23 U.S.C. 315; and 49 CFR 1.48.

    Issued on: December 22, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-33807 Filed 12-28-99; 8:45 am]