Transportation Enhancement FAQ’s
1.
What are Transportation Enhancements (TE)?
2. What is the level of funding available?
3. Is there a limit on the number of applications that can be submitted?
4. What is the matching
requirement?
5. Can donations of land/materials or in-kind services be used as a match for a
TE project?
6. Who can apply for TE funds?
7. How do I apply for the
funds?
8. What
types of projects can qualify for TE funds?
9. What
types of projects are most commonly funded?
10. What is the meaning of a “Direct Relationship to Surface Transportation”
criterion?
11. Can TE Funds be used as a Match for another Federal Agency's Funds?
12. Can TE funds be used to develop parks, shelters, and or/picnic tables?
13. Is the construction of sidewalks an eligible activity for TE funding?
14. Is the construction of recreational trails and paths an eligible activity
for TE funding?
15. May a local government charge a user fee at a site in a program in which TE
funds are involved?
16. Can TE funds be used for reconstruction, refurbishing, or rehabilitating
existing facilities for pedestrians and bicycles that are dedicated solely for a
transportation purpose?
17. If a bicycle/pedestrian trail is funded with TE funds can All Terrain
Vehicles (ATVs) use this same trail?
18. Some TE projects, such as restored historic facilities, may have parts of
the space appropriately used for activities which are leased for a fee.
Examples
are restaurants etc. and leased offices in a portion of the historic building
that would not necessarily be open to the public. How should states treat fees
generated by activities in these spaces made available through TE funds?
19. What is the meaning of "a clear link to scenic or historic sites"?
20. Is reconstruction (i.e. building a replica) of historic transportation
buildings an eligible TE activity?
21. Is it true that we can only restore historic buildings to house museums?
22. Once a historic transportation building, structure, or facility is restored
or rehabilitated can it be used for a contemporary use (non-transportation
related) as long as the significant historic features are preserved?
23. Can TE funds be used for reconstruction, refurbishing, or rehabilitating
existing transportation museums that are dedicated solely for a transportation
purpose?
24. Can TE funds be used to restore military transport vehicles/vessels or
create military museums?
25. In order to meet the definition of a transportation museum, is it required
that the whole museum or a certain percentage of space in the museum be
dedicated solely to transportation?
26. If a town which has condemnation authority, is acquiring land for a TE
project, can it use the "voluntary transaction provisions" if they are willing
to state that they will not use condemnation to acquire the property?
27. Maintenance vs. Major Reconstruction?
1. What are Transportation Enhancements (TE)?
Transportation Enhancement (TE) projects are federally subsidized, community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historic, aesthetic and environmental aspects of our transportation infrastructure. For example, Transportation Enhancements can include safe bicycle and pedestrian facilities, scenic routes, beautification, and other investments that increase opportunity and access. The federal government provides funding for TE projects through our nation’s surface transportation bill.
2. What is the level of funding available?
ODOT will provide up to 80 percent of the total construction cost for the project, including Construction Engineering, Inspection and Testing, up to a specified maximum. There is no limitation on the amount of funds that can be requested, however, due to the competitive nature of the program only partial funding may be available.
3. Is there a limit on the number of applications that can be submitted?
There is no limit on the number of applications that an applicant can submit, however the Project Selection Committee reserves the right to take geographic distribution into consideration.
4. What is the matching requirement?
The applicant is required to provide a minimum of 20 percent of the construction cost, and for all costs associated with the architecture/engineering plans, environmental studies and documentation, right-of-way acquisition and environmental remediation, if necessary. Right-of-way acquisition costs are only allowable for the specific qualifying activities (i.e. acquisition of historic or scenic sites, and preservation of abandoned railway corridors for rails-to-trails).
5. Can donations of land/materials or in-kind services be used as a match for a TE project?
No. A cash match is required to fund the 20% local share of construction and construction engineering.
6. Who can apply for TE funds?
Any local government is eligible to serve as a project sponsor. Eligible local governments are those within the rural areas of the state, or those within a small MPO (population less than 200,000) that have opted to join the statewide program by foregoing their annual TE suballocation. Projects desired by Citizen Groups or other private organizations must be sponsored and administered by the local government having jurisdiction over the transportation facility involved.
7. How do I apply for the funds?
Transportation enhancement projects are solicited annually beginning with submission of a Letter of Interest (LOI) made available on the Office of Local Projects’ website beginning January 1. The LOI will serve to provide information on the applicant, the project, and criteria to allow ODOT to make a project eligibility determination. The LOI must be submitted into the respective ODOT District office by the stated deadline, typically February 1. Sponsors of proposed projects that have been determined eligible based on the LOI will then be sent an Application packet, including the application form and guidance to help complete the application. Sponsors are to complete and submit two (2) copies of the application and attachments to the appropriate ODOT District office.
8. What types of projects can qualify for TE funds?
All projects must have a direct and identifiable relationship to surface transportation. Projects must also be eligible under one of the following three qualifying categories: Historic and Archeological, Scenic and Environmental, and Bicycle and Pedestrian. Historical and Archeological projects include those related to acquisition of a historic site; historic preservation; rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals); historic highway programs; archeological planning and research; and establishment of transportation museums. Scenic and Environmental projects include those related to acquisition of scenic easements and scenic sites; scenic highway programs including the provision of tourist and welcome center facilities; and landscaping and other scenic beautification such as streetscapes and aesthetic bridge treatments. Bicycle and pedestrian projects include the provision of bike lanes, signed routes, separate paths, grade separations, parking facilities, bike-safe grates or other facilities; provision of safety and educational activities for bicycles and pedestrians; and preservation of abandoned railway corridors for shared use trails.
9. What types of projects are most commonly funded?
Overall, bicycle and pedestrian projects have been the most commonly funded project type since the creation of the TE program in 1992. Bicycle and Pedestrian type projects, combined with rails-to-trails, have accounted for nearly half of the total projects at 49%. Scenic and Environmental projects have accounted for 37%, with Historic and Archeological type projects accounting for the remaining 14%. Nationwide, over half (54 percent) of TE funds were spent on bicycle and pedestrian facilities, combined with rail-trails, between fiscal year 1992 and fiscal year 2003. Scenic beautification projects received 17% of available funds and historic preservation and preservation of historic transportation facilities together received the third largest share at 16.6 percent.
10. What is the meaning of a “Direct Relationship to Surface Transportation” criterion?
Surface transportation is defined to include all modes of travel with the exception of aviation and military transportation. The transportation is open to the general public and serves a transportation need for the general public. To determine a relationship to surface transportation a project proponent should ask themselves a number of questions about the proposal. For example, in what way(s) is the project related to surface transportation through present or past use as a transportation resource? Is there a direct connection to a person or event nationally significant in the development of surface transportation? What is the extent of the relationship(s) to surface transportation? What groups and individuals are affected by the relationship(s), when did the relationship(s) start and end or do the relationship(s) continue? Is a relationship substantial enough to justify the investment of transportation funds? The TE Guidance states that proximity to a transportation facility alone is not sufficient to establish a relationship.
11. Can TE Funds be used as a Match for another Federal Agency's Funds?
No. A grantee may NOT use funds received under one federal grant to match funds under another federal grant program unless specifically authorized by law; nor may a grantee use the same grantee dollars to meet two separate matching requirements.
12. Can TE funds be used to develop parks, shelters, and or/picnic tables?
No. The development of parks and related activities is not one of the designated eligible TE activities. To be eligible for funding a project must be one of the TE designated categories and directly relate to surface transportation. Part of the park proposal may include otherwise eligible activities (trails and paths). However, the purpose of the TE activity should be for transportation and not solely for recreation.
13. Is the construction of sidewalks an eligible activity for TE funding?
Funds are only available for new sidewalks that either extend or provide a missing link to an existing facility. ODOT does not provide Enhancement funds for the maintenance or replacement of existing sidewalks and curbs.
14. Is the construction of recreational trails and paths an eligible activity for TE funding?
No. Trail and path projects applied for under the Bicycle and Pedestrian category must clearly indicate the transportation purpose served between the logical termini. The proposed facility must be accessible to a broad segment of the public with a clear indication of the potential users that it will serve and benefit. All bike projects funded with Federal aid must be primarily for transportation purposes. Transportation purposes may include commuter work trips; travel to and through recreation areas, and other related uses. With that stated, Rails-to-Trails may use TE funds even if almost all the use will be recreational. A Rail-to-Trail meets the surface transportation requirement because the corridor served a surface transportation purpose in the past.
15. May a local government charge a user fee at a site in a program in which TE funds are involved?
A number of questions have been raised as to whether a fee may be charged for access to any property or services provided through funds made available for a TE activity. Generally, fees should not be charged for access to activities or projects funded with TE funds. Examples might include admission fees to a transportation museum, or to an interpretive movie shown at a tourist center, and a fee for a scenic ride on a restored historic train. A fee may be appropriate where the proceeds from the charge are not excessive for the general public, and are by agreement instituted for the maintenance and operation of the TE funded resource. Collected fees should be applied for the maintenance and long-term upkeep of museums, trails, or other TE-funded sites.
16. Can TE funds be used for reconstruction, refurbishing, or rehabilitating existing facilities for pedestrians and bicycles that are dedicated solely for a transportation purpose?
TE funds can be used to reconstruct, refurbish, or rehabilitate an existing pedestrian/bicycle facility. This would include upgrading the structure to meet Federal, State and/or local responsibilities for compliance with ADA requirements (such as ramps, and/or other necessary design features.) This does not include maintenance and operation activities. TE funds are not to be used for operations or maintenance of the facility.
17. If a bicycle/pedestrian trail is funded with TE funds can All Terrain Vehicles (ATVs) use this same trail?
No. According to 23 U.S.C. 217(h), motorized vehicles (including ATVs) may not be permitted on trails and pedestrian walkways which use Federal aid highway funds (except snowmobiles, where specifically authorized by State or local ordinance, motorized wheelchairs, electric bicycles, and maintenance vehicles). Funds for these types of facilities are available through the federal Recreational Trails Program managed by the Ohio Department of Natural Resources.
18. Some TE projects, such as restored historic facilities, may have parts of the space appropriately used for activities which are leased for a fee. Examples are restaurants etc. and leased offices in a portion of the historic building that would not necessarily be open to the public. How should states treat fees generated by activities in these spaces made available through TE funds?
Ideally for joint use activities that are part of the initial proposal for TE funds, a partnership is suggested to allow federal funds to be used only for the portion of the restoration for public use. Privately or commercially used segments of a restoration should have private investment. Part or all of the fees generated by the activity should be a component of the maintenance plan.
19. What is the meaning of "a clear link to scenic or historic sites"?
Congress introduced this terminology regarding tourist and welcome centers. This phrase can be interpreted broadly, however a clear linkage must be demonstrated. For example, if a tourist or welcome center provides substantial information about a particular scenic or historic highway program, or a scenic or historic site this could be considered part of the needed justification. Such information could include literature, directions, interpretive displays, or videos shown to the public. To clearly be consistent with the language the Congress provided, the tourist or welcome center should be within close proximity to the scenic or historic highway site. Close proximity should be determined to be within a reasonable walking distance. If visitors can park at the tourist and welcome center and walk to the scenic or historic site (i.e. on short connecting foot trails), see it from a vista at the tourist and welcome center or view some of its attributes, then there is clear linkage. For scenic sites, if the location proposed is on a designated scenic route, and the proposed building site itself contains some of the qualities that make the route scenic (special landforms, vistas, cultural resources, etc.) that can be viewed from the tourist and welcome center, then linkage may clearly be established. The placement of a visitor's information facility on a scenic or historic route would allow for a more direct connection and more easily satisfy the linkage requirements.
20. Is reconstruction (i.e. building a replica) of historic transportation buildings an eligible TE activity?
There is no provision for replication of a historic structure in the list of TE activities fundable with enhancement dollars. Rehabilitation and restoration of historic structures is a listed activity. Building a replica of a historic structure is not the equivalent of restoration of existing structures. There is no terminology called reconstruction in the list of TE activities.
21. Is it true that we can only restore historic buildings to house museums?
No. Establishing a transportation museum is not strictly tied to the historic nature of the structure it is housed in. Historic buildings may be restored that are not necessarily a museum where a relationship to transportation is shown and all other eligibility requirements are otherwise met. For example, restored railroad depots may serve to house restroom facilities on a bicycle/pedestrian trail.
A rehabilitated historic transportation building can be used for a contemporary use as long as the significant historic features are preserved and it remains open to the public on a not-for-profit basis. (In the case of a transportation museum, an entrance fee can be charged, however a portion of the fee should be provided for the long-term maintenance and operation of the facility.) It is not necessary to have this activity function as an active transportation facility, either past or current, to qualify as eligible. However, elements of the structure that is preserved must continue to have a relationship to surface transportation. Also if the TE funds are being used to preserve the historic features of the structure, then those characteristics that established it as a transportation facility and established its historicity must be maintained.
The operating portion of the "rehabilitation and operation of historic transportation buildings, structures, or facilities" should only be used to continue the functions of the historic structure as per the original project proposal and agreement. If the proposal is for non-transportation related activities and those not directly related to maintaining the historic structure, then TE funds cannot be used for that type of operating cost.
23. Can TE funds be used for reconstruction, refurbishing, or rehabilitating existing transportation museums that are dedicated solely for a transportation purpose?
Establishment of transportation museums is interpreted to mean funding of capital improvements. Capital improvements include the reconstruction, refurbishing, or rehabilitation of an existing museum that is clearly for a transportation purpose and meets all the criteria of a transportation museum. Establishment of a transportation museum is also interpreted to apply to the re-establishment of a closed transportation museum, where it no longer exists. TE funds are not to be used for operations or maintenance of the facility.
24. Can TE funds be used to restore military transport vehicles/vessels or create military museums?
TE funds may not be used in connection with active military vehicles/vessels, or those owned, maintained or otherwise controlled by the military with limited access to the general public. TE funds are intended to be used for the enhancement of transportation and transportation related activities for the general public. TE activities must be those listed in law, open to the general public, and responsibly maintained directly or in partnership with a public entity (specific Federal funds may be used to match Federal-aid highway funds).
25. In order to meet the definition of a transportation museum, is it required that the whole museum or a certain percentage of space in the museum be dedicated solely to transportation?
Transportation museums may be defined as a complete structure or entity unto itself, or a wing attached to another facility that is dedicated to transportation. If the application for TE funds is for a wing dedicated to transportation, TE funds can be for establishing a portion of the facility as a transportation museum. The TE guidance identifies 7 characteristics of a transportation museum. These are also characteristics that represent any museum. As long as a segment is added solely for transportation purposes, and meets the minimum requirements for a museum it can be considered a transportation museum under the TE definition in the guidance.
Artifacts scattered about a facility, that are not concentrated in a given area of the facility, and where such a facility is dedicated to a non-transportation purpose, then TE funds should not be used to support such artifacts because no transportation museum has been established.
26. If a town which has eminent domain authority, is acquiring land for a TE project, can it use the "voluntary transaction provisions" if they are willing to state that they will not use eminent domain to acquire the property.
A public agency that has eminent domain authority can participate in the voluntary transaction process if they put in writing that they give up that right if negotiations with the property owner fail (per 49 CFR 24.101).
27. Maintenance vs. Major Reconstruction
TE funds may not be used for routine maintenance. However, TE funds may be used for major resurfacing, rehabilitation, or reconstruction for trails, bridges, buildings, or other structures. Highways, bridges, buildings, and trails all can be expected to have a useful life. While the Federal-aid highway program does not pay for routine maintenance on highways and bridges, FHWA has long recognized that major resurfacing, rehabilitation, and reconstruction projects are eligible for Federal-aid funds on highways and on bridges. Trails, bridges, buildings, or other structures potentially eligible for TE funds may be held to a similar standard.
Therefore, TE funds may be used for major resurfacing, rehabilitation, or reconstruction for trails, bridges, buildings, or other structures. This eligibility criteria holds whether or not a project has used Federal-aid funds in the past (TE or any other Federal-aid funds). TE funds (or other Federal-aid funds) may not be used for routine maintenance. Examples of routine maintenance include:
Minor regarding of an unpaved, but otherwise stable surface, sweeping, cleaning drains, joint sealing, repairing potholes or occasional broken concrete slabs, asphalt patchwork, etc.
Normal utility maintenance: replacing filters, heating elements, fixing routine leaks, etc.
Replacing occasional broken roof tiles or missing, curved, or broken shingles, etc.
Repainting primarily for aesthetic purposes, recaulking, minor patching, cleaning, etc.
Routine outdoor maintenance: mowing; weeding; brush, debris, or snow removal, etc.
TE funds also may not be used to repair a trail, sidewalk, bridge, building, or other structure that used Federal-aid funds, if the purpose is to correct substandard construction: the project sponsor should seek redress by other means.