MAP-21 set federal transportation funding and policy for two years - now FHWA starts to release detailed guidance

This summer, after many years of work and gridlock in Congress, the multi-year federal highway bill, MAP-21, was signed into law.

Thanks to the advocacy of many of you, MAP-21 included many bicycle friendly elements--a significant victory at a time when many leaders in Congress were calling for the complete elimination of bicycle and pedestrian funding. 

Missouri's delegation at the National Bike Summit
Missouri's delegation at the National Bike Summit

MAP-21 is a new law that sets many new policies.  That creates a lot of new questions--most of which will be answered as the Federal Highway Administration issues its guidance and regulations related to MAP-21.  

Local and national bicycle and pedestrian organizations have been working with FHWA to ensure that regulations are as true to the law the Congress passed and as friendly to bicycling and walking, as possible.

Recently FHWA released its first round of guidance related to MAP-21.  Here is the League of American Bicyclists' summary of the guidance:

 

Good news:

  • Transportation Alternatives (TA) maintains local control over biking and walking funds, preserving the original intentions of Senators Cardin and Cochran.
    • There was some concern that the language could be interpreted to make state DOTs eligible for 50 percent of TA. This would have diminished local control over half of these essential funds. Fortunately, state DOTs remain ineligible for TA funding.
    • However, state DOTs and Metropolitan Planning Organizations (MPOs) can partner with eligible entities to carry out a project. This increases flexibility for states and helps local governments get the help they need while maintaining local control.
  • Safe Routes to School coordinators are eligible under TA.
    • MAP-21 was written in a way that makes the entire Safe Routes to School (SRTS) program eligible for Transportation Alternatives funding, but not required. This made it difficult for the DOT lawyers to interpret whether requirements under the old SRTS program should be requirements under the new TA program. However, DOT does interpret SRTS coordinators to be eligible under TA. We believe that fully staffing these programs is critical to successfully implementing them.
  • The DOT will provide a model MPO and State Grant process.
    • While TA legislative language does not define a competitive process, the DOT has committed to publish a model Request for Proposal or Notice of Funds Available that states and MPOS may use at their discretion. Having a model available should speed the process of MPOs getting their grant programs up and running.
  • Nonprofits, while not eligible to receive funds, can partner with other eligible entities.
    • The legislative language is clear that nonprofit organizations and NGOs are noteligible for TA funding. However, the guidance states that nonprofits can continue to partner with any eligible entity. Watch for the model grant program to see if such partnerships are incentivized.

Bad news:

  • SRTS projects are no longer 100% federally funded. 
    • Under previous transportation laws, Safe Routes to School projects were completely federally funded. This level of federal support was especially important for low-income communities.
  • Bicycling and pedestrian safety and education programs for adults are not eligible.
    • Non-infrastructure safety and education programs are no longer eligible for funding — not even under the new Safe Routes for Non-Drivers eligibility. The guidance does point out, though, that adult safety and education programs are eligible under the Highway Safety Improvement Program (HSIP) and the Surface Transportation Program (STP). It also points out that education for kindergarten through eighth grade is eligible under Safe Routes to School. 
      National Bike summit
      National Bike summit

More information about federal transportation funding and policy:

 

One of the primary goals of MoBikeFed's Vision for Bicycling and Walking in Missouri is to crate a world-class network for bicyclists and pedestrian across the state.  To reach that goal, bicycling and walking needs their fair share of funding in every transportation funding bill and budget--local, state, and national.  In Missouri,  bicyclists and pedestrians represent 7% of trips, 7.9% of fatalities, 14% of traffic injuries, but receive only 1.83% of federal transportation funds.  Our goal is to change that.

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