Strengthen Enhancements, CMAQ and Other Existing Programs
 

WHAT’S HAPPENING TO TRANSPORTATION ENHANCEMENTS FUNDING?

Update prepared by America Bikes on July 29, 2003 

On July 24, 2003, the House Appropriations Committee passed the 2004 Transportation Appropriations budget. A sentence of that budget, Section 114, expressly eliminates funding for the Transportation Enhancements program. 

The bill now moves to a vote by the full House of Representatives, expected in early September 2003. If the language remains, there will be no funding for the Transportation Enhancements program in fiscal year 2004, which starts on October 1^st, 2003. The program was expected to receive $600 million in 2004. 

1. WHY IS TRANSPORTATION ENHANCEMENT FUNDING UNDER ATTACK?
Representative Ernest Istook (R-OK), Chairman of the Transportation Appropriations Sub-committee, led the attack on Enhancements. “The Committee believes that given the serious drop in estimated highway taxes, every penny of our Federal highway investment must go to its best and highest use,” reads the report from Istook’s subcommittee. “It is essential to focus the nation's limited transportation funding on critical transportation projects and not divert funds for projects that are "nice to have," but do not contribute in a meaningful way to solving our highway congestion problems.” 

However, the argument about a “serious drop” in revenues is not reflected in the Transportation budget. The federal transportation budget approved by the Appropriations Committee on July 24, 2003 was $33.3 billion, an increase of nearly 5% over the actual appropriation of $31.6 billion in 2003.  

(Note that original amount appropriated in 2003 was $27.8 billion. This grew to $31.6 billion through a mechanism known as the Revenue Aligned Budget Authority, which adjusts spending to match actual gas tax revenues.)  

2. WHAT IS THE ACTUAL LANGUAGE IN THE APPROPRIATIONS BILL?
Since 1991, the Enhancements program has been funded by a simple sentence in the US transportation law which directs that 10% of the Surface Transportation Program be spent on Transportation Enhancement activities. Title 23 of the US Code, Section 133(d)(2) reads:

“"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."

The 2004 transportation budget approved by the House Appropriations does away with that funding with the sentence:

"Sec 114. None of the funds limited or made available in this Act shall be available to carry out 23 USC 133(d)(2)."

3. SO WHY DID I READ THAT CONGRESS RESTORED FUNDING FOR ENHANCEMENTS?
There’s been some confusion in Congress and in the media about the impacts of Section 114 on Enhancements. Some are saying “Congress restored the funding, but made it optional.” In fact, the committee expressly eliminated funding set-aside for the Transportation Enhancements program.

State DOT’s may still choose to fund enhancement-type projects from their allocation of Surface Transportation Program funds, but there is no requirement or incentive for them to do so. Some of the confusion arises from the fact that Rep. Istooks’ original proposal, made on July 11^th, would have also removed this option from states – making enhancement projects ineligible for the use of Surface Transportation Program funds.

4. YOU MEAN THIS COULD HAVE BEEN WORSE?
Yes. Istook’s Subcommittee passed language that would have done two things. First, it would have eliminated the ten percent set-aside for transportation enhancement projects. Second, it would have prohibited states from spending any of their Surface Transportation Program funds on transportation enhancement activities.

This second prohibition was stripped from the Bill passed by the full Appropriations Committee, perhaps prompting the claim by Istook’s office that “We have restored funding to the enhancements program but made it optional.”

However, the language eliminating the ten percent funding set-aside remains in the bill.

5. WHAT IMPACT WILL THIS HAVE ON ENHANCEMENT PROJECTS?
The Federal fiscal year 2004 runs from October 1^st, 2003 through September 31^st, 2003, so funding for Enhancements would cease as of October 1^st, if this provision passes both the House and the Senate and becomes law.

If this legislation passes, the first result will be confusion. Many states have already programmed Enhancements projects for 2004, 2005 and even beyond. Other States accept grant applications annually but may have accumulated unspent balances in their Enhancements programs from previous years. Or they may not.

If Congress no longer requires that Enhancements projects be funded, many State DOTs will likely reassess their commitment to the program. The decision to continue to fund Enhancements projects will be left to the discretion of each State DOT – and the experience prior to the creation of the program suggests that most States will choose NOT to spend funds this way.  

While bicycle and pedestrian projects have been eligible for federal funding since the early 1970’s, significant federal funding for bicycling and walking did not begin until the Enhancements program was created in 1991.  While other funding categories allow spending on bicycle and pedestrian projects, few states have chosen to use the money that way.  Even including the Enhancements program, states are spending less than two percent of their federal transportation dollars on bicycling and walking facilities.

6. DID ANYONE TRY TO STOP THIS?
Yes. Representative John Olver (D-MA) led an attempt to restore the program by striking Section 114 in committee action on July 24th, but the amendment failed by a 29 to 33 vote, with two Republicans, Ray LaHood (IL) and Mike Simpson (ID) supporting the measure. Republican Northup (GA) was absent. All the Democrats on Appropriations voted in favor, with Murtha (PA) and Pastor (AZ) absent.

"The Transportation Enhancements program is tremendously valuable, and I will fight to save it," said Olver, who said he would offer another amendment when the measure comes up before the full House of Representatives in early September.

"Bicycle and pedestrian trails are among the most popular Transportation Enhancement projects," Olver added. "Not only do these trails provide a means for recreation,  commutation and fitness, but they can also attract people into downtown communities and serve as a magnet for economic development."

In addition, Congressman Earl Blumenauer wrote to the Appropriations Committee asking them to reject this language. The text of his letter is reproduced at the end of this fact sheet.

Finally, America Bikes and other organizations are mobilizing supporters across the country to contact their members of the House of Representatives with the request “to guarantee full funding for the Transportation Enhancements program by supporting an amendment to strike Section 114 from the 2004 Transportation Appropriations bill.”

7. HOW CAN I FIND OUT ABOUT SPECIFIC PROJECTS?
The Transportation Enhancements Clearinghouse maintains a website that lists thousands of Enhancements projects by state and by type.  You can also click on ‘contacts’ to find the Transportation Enhancements coordinator for your state.

America Bikes has created highlight sheets featuring  major Enhancements projects and their impact in twelve states.  We have also posted a photograph of a recent ribbon cutting on an Enhancements-funded project with local officials.  A higher resolution copy is available from info@americabikes.org.  Suggested caption: Celebrations frequently accompany the completion of projects funded with Transportation Enhancements dollars. Senator Mike Crapo (R-ID) is flanked by local officials as he cuts the ribbon on a section of the Teton Pass Trail, portions of which received Transportation Enhancements dollars. Photo: Chi Melvill