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Volume 101 Number 16	April 20, 2001
Executive Digest
Congress Congress returns next week with to resolve differences between the respective House and Senate versions of the FY 2002 budget blueprints. Secretary of Transportation Norman Mineta will testify on April 25 before a House subcommittee and on April 26 before a Senate subcommittee on the Department's budget proposal. Information Transportation has fared well in President George W. Bush's first 100 days in office, but significant challenges with energy supply and demand await in the near future. The U.S. Department of Transportation has extended the comment period for guidance it issued in January, 2001 regarding services to persons with limited English proficiency. The comment period is extended from March 23 to May 29, 2001. The Environmental Protection Agency and Army Corps of Engineers announced this week that they will proceed with a controversial wetlands regulation defining dredged materials. Seeking to implement provisions of TEA-21, the Federal Highway Administration is circulating a discussion draft of procedures for resolving environmental disputes among agencies at the state and federal level. While environmentalists see them as an intrusion into nature, pilots see them as life-saving emergency landing strips, prompting Congress to enter into the battle over the closing of airstrips in wilderness areas. According to a report released on Monday by the American Public Transportation Association (APTA), the increase in transit use has grown for the fifth straight year. Outstanding examples of "Environmental Successes in Transportation Project Development" have been summarized in a new report issued by AASHTO this week. U.S. Secretary of Transportation Norman Mineta on Tuesday announced the 13 recipients of the Federal Highway Administration's (FHWA) 2001 Environmental Excellence Awards. President Bush on Tuesday announced that he will nominate Oklahoma Department of Transportation Secretary Neal McCaleb to head the Bureau of Indian Affairs (BIA). States The West Virginia legislature has voted to continue the state's 20.5 cent per gallon gasoline tax rate until August 2007. AASHTO The AASHTO Standing Committee on Planning and Standing Committee on the Environment held a joint meeting on April 8-11 in New Orleans, Louisiana. Issues of mutual concern were discussed, and the committees approved resolutions to be considered by the AASHTO Board of Directors during the May 17-21 AASHTO Spring Meeting in Wichita. This week's featured story on the AASHTO web site, www.transportation.org, is about the Virginia Department of Transportation's (VDOT) Smart Road. President Dean Carlson has announced the following appointments to AASHTO committees: AASHTO is cosponsoring the 2001 International Bridge Conference, scheduled for June 4-6 at the Hilton Pittsburgh and Towers. The theme of this year's conference is "Preserving Legacies and Designing Landmarks" with New York as the featured state.
Details
Budget Resolution Awaits Congress Upon Return Congress returns next week with to resolve differences between the respective House and Senate versions of the FY 2002 budget blueprints. Secretary of Transportation Norman Mineta will testify on April 25 before a House subcommittee and on April 26 before a Senate subcommittee on the Department's budget proposal. Congressional staff have been pouring over the FY 2002 budget proposal submitted by President George W. Bush on April 9 during the two-week recess, and lawmakers will be focusing on finding a compromise between the House and Senate versions, especially regarding the size of a tax cut. The House of Representatives approved a budget resolution that closely mirrors the Administration's proposal, including allowance of a $1.6 trillion tax cut and keeping the rate of increased spending at close to 4 percent. The Senate's budget proposal trims the tax cut by almost a quarter to $1.2 trillion, and would provide an additional 8 percent in spending over last year's level. Conferees on the FY 2002 budget proposal will meet soon to attempt to iron out the differences. Many analysts predict that conferees will split the difference between the proposals by providing a $1.45 billion tax cut and spending increases of 6 percent. Overall, the budget resolution is not binding, but establishes a blueprint with spending ceilings. Once approved, it will be up to appropriators to divvy up the money for the different federal programs. Mineta to Testify Secretary of Transportation Norman Mineta will testify before the House Transportation Appropriations Subcommittee on Wednesday, April 25, and before the Senate Transportation Appropriations Subcommittee the next day. During the hearing, Mineta will likely provide specific details on the Administration's transportation proposal ( AASHTO Journal, April 13). Mineta may be questioned by subcommittee members on changes the Administration proposed to certain transportation programs. In particular, the DOT's FY 2002 budget proposes a number of changes to funding distribution practices for transit programs, including: distributing bus funds from a discretionary grant to a formula, based on population and density factors; changing the traditional 80/20 percent split for federal and state contributions for new start projects to 50/50; and creating a formula for the distribution of funding under the Job Access and Reverse Commute program based upon a state's share of low income residents. Bush's First 100 Days Transportation has fared well in President George W. Bush's first 100 days in office, but significant challenges with energy supply and demand await in the near future. Transportation advocates have seen positive signs from the Bush administration's first 100 days, including a budget proposal that fully funds the highway, aviation and transit programs at their authorized levels. The overall funding levels were not reportedly in the initial budget, however, with the Office of Management and Budget intending to rein in spending. Heavy pressure from industry and other advocates helped to eventually boost funding to record levels in the FY 2002 budget proposal. Bush followed through on his promise to select a Democrat for his cabinet, appointing Norman Mineta as his Secretary of Transportation. A former chair of the House Infrastructure and Public Works Committee, Mineta's appointment was met with unanimous approval by Congress. Upon taking his position as secretary, Mineta cited transportation safety and easing congestion, especially at airports, as the top priorities of the administration. Bush immediately took steps to hold up a number of regulations from the previous Administration for further review, including the proposed rulemakings of the Federal Highway Administration and Federal Transit Administration to implement the environmental streamlining provisions of TEA-21 and NEPA requirements. There has been no official indication from the Administration on the status of those rulemakings to date. Looking ahead, the Administration will likely face a big challenge in addressing recent indications that energy supplies will be extremely tight, with demand soaring. Similar to last year, gasoline prices are starting to climb, with some areas in the Midwest paying over $2 a gallon. A special task force headed by Vice President Dick Cheney is at work developing recommendations for release in May, which will reportedly focus on ways to increase domestic supplies, along with some recommendations to curb demand. At the same time, all signs point to even more aviation congestion this year. The Administration and Congress will be under pressure to provide immediate relief to air travelers. The issue has loomed large in Mineta's appearances before Congress, and the Administration is supporting efforts to allow airlines anti-trust protection to meet to discuss short-term remedies. Comment Period Extended on Persons with Limited English Guidance The U.S. Department of Transportation has extended the comment period for guidance it issued in January, 2001 regarding services to persons with limited English proficiency. The comment period is extended from March 23 to May 29, 2001. The Department of Transportation issued the guidance in the January 22, 2001 Federal Register. While DOT is now seeking comments, the guidance was made effective on the day the notice was published in the Register. The DOT guidance implements an executive order issued by then President Bill Clinton on August 11, 2000, that directed federal agencies to develop guidance on how recipients of federal funding should assess and address the needs of limited English proficient (LEP) persons. Overall, the guidance clarifies the responsibilities of DOT funding recipients in ensuring that LEP persons have sufficient access to transportation programs and activities, based on Title VI of the Civil Rights Act. It states that "recipients must take reasonable steps to ensure that such persons have meaningful access to the programs, services and information those recipients provide, free of charge." The guidance serves as a "legal framework" to assist recipients in conducting an assessment of their current services. Included in the guidance are specific elements identified by DOT of an effective language assistance program, such as: A thorough assessment of the language assistance needs of the population and communities served by the recipient; Written language assistance plans; Effective methods to notify LEP persons of their rights to assistance and its availability free of charge; and Continual monitoring of assistance programs and staff training. Among the factors that recipients should consider in order to determine if they are taking reasonable steps to ensure access are: the number and proportion of persons affected if language barriers are not removed; the frequency with which LEP persons are affected by the program or activity, along with the importance of the activity; the overall resources available to the recipient; and the level of services being provided to English proficient persons, and whether LEP persons are being excluded from the same services. The Department of Transportation outlines three primary ways of providing language services, including oral language interpretation, the translation of written materials, and the use of alternative communication methods and devices. The last method includes the possibility of using symbol signs, standard symbol signs, diagrams, color-coded warning, illustrations, graphics and pictures. Prior to the May 29, 2001 deadline for comments, AASHTO will examine the guidance to assess the implications for state transportation programs, projects and services, and will provide comments to the U.S. Department of Transportation. Individual states may want to provide comments to U.S. DOT, and AASHTO requests that copies of state comments be forwarded to AASHTO. The notice can be found on the DOT web site at http://dms.dot.gov/search/ and typing in 8696 as the docket number. EPA to Proceed with Dredging Rule The Environmental Protection Agency and Army Corps of Engineers announced this week that they will proceed with a controversial wetlands regulation defining dredged materials. The regulation was one of many placed on hold by the incoming Bush Administration to allow agency heads to review last-minute rulemakings by the prior administration. The regulation was originally published on January 17, and Administration officials said on Monday that they will release the final rule without change. EPA Administrator Christine Todd Whitman issued a statement saying, "The protection of America's vanishing wetlands is a vital step toward ensuring cleaner water for everyone." The regulation was issued in response to a federal court decision last year regarding the "Tulloch rule." The court maintained that the federal agencies had overstepped their authority in regulating the ditching of certain wetlands. That rule required a Clean Water Act dredging permit on the grounds that incidental fallback from dredging activities constituted a discharge to U.S. waters. The new regulation specifically defines incidental fallback as being material that is redeposited to the area from which it was taken. Permitting agencies are authorized to make case-by-case determinations on whether permits are required. The regulation may impact transportation agencies that have responsibility for maintenance of drainage ditches and other dredging activity. The new regulation is likely to be the subject of renewed litigation. A suit has already been filed by the National Association of Home Builders based upon the publication of the rule on January 17. FHWA Addressing Environmental Disputes Seeking to implement provisions of TEA-21, the Federal Highway Administration is circulating a discussion draft of procedures for resolving environmental disputes among agencies at the state and federal level. The draft posted on the FHWA web site addresses Section 1309(c) of TEA-21 which requires that if timely action on environmental permits or reviews is not achieved, the Secretary of Transportation must act to resolve the disputes and close the record. The proposal states that "Environmentally responsible transportation improvements, delivered on time and within budget, is a vision that all to often eludes the Department and its various partners. Public demands for transportation solutions today, not ten years from now, are understandable given the magnitude and pervasiveness of America' transportation problems. Equally understandable is the public's desire for environmental protection and enhancement. Sometimes these two goals appear to be at odds and conflict results. When this conflict takes the form of disputes among transportation and environmental agencies at the state and federal levels, projects can be delayed considerably." To address such issues the discussion paper proposes a four-part conflict management and dispute resolution system that includes: guidance for agencies in resolving disputes as they arise in the project development processes using both unassisted and assisted problem-solving; training courses to help agency staff understand the dispute resolution guidance and to develop more effective problem-solving and collaboration skills; access to qualified third-party neutrals who can provide professional assistance in resolving disputes; and procedures for elevating disputes to the Secretary of the Department under Section 1309(c) of TEA-21. The process is intended to apply to federal agencies and state agencies with federally designated authority, during environmental reviews of highways and transit projects that are federally funded. This includes the NEPA process and Section 404 permits, as well as endangered species reviews. Bill Addresses Rural Air Strips While environmentalists see them as an intrusion into nature, pilots see them as life-saving emergency landing strips, prompting Congress to enter into the battle over the closing of airstrips in wilderness areas. Senator Michael D. Crapo (R-ID) has introduced legislation (S. 681) requiring the Departments of Interior and Agriculture to consult with state aviation departments and the Federal Aviation Administration before attempting to close rural airstrips on federal land. It would also require 90 days public notice in the Federal Register before an airstrip could be closed. A one-year prohibition was attached to an appropriations measure last year, but legislators want to make the requirement permanent. The bill is backed by the Airline Owners and Pilots Association, which maintains that the strips are critical emergency landing areas for firefighters and endangered aircraft. The bill reportedly has the support of the chairmen of the Transportation and Infrastructure Committee Don Young (R-AK) and the Resources Committee, James Hansen (R-UT). Mass Transit Ridership Continues to Grow According to a report released on Monday by the American Public Transportation Association (APTA), the increase in transit use has grown for the fifth straight year. The APTA report said transit riders took 9.4 billion trips last year, an increase of 3.5 percent. Transportation modes that are showing the largest ridership increase for 2000 were: heavy rail (subways) at 7.6 percent; demand response or paratransit at 5.9 percent; light rail at 5.3 percent; and commuter rail at 5.2 percent. Locations where transit use increased were across the board -- coast to coast and with differing populations. The Los Angeles County Metropolitan Transportation Authority showed the largest ridership increase on heavy rail at 60.6 percent, and ridership increased by 40.6 percent on Denver's Regional Transportation District light rail. The overall increase in light rail use was heavily influenced by new lines and extensions in Salt Lake City, in preparation for the 2002 Olympic Winter Games. The Altamont Commuter Express system in the San Jose area continued to lead commuter rail increases with a 66.1 percent. Bus ridership increased 1.5 percent for systems of all sizes. Among large cities, the Washington Metro Area Transit Authority grew the most, at 8.44 percent. Smaller bus systems in Albany, NY, Bakersfield, CA, Bloomington, IN, and Bowling Green, KY posted significant increases in ridership. APTA attributes the continued growth in public transportation ridership to the economy, expansion of service, higher investment levels by federal, state, and local foundations, and enhanced customer services that meet travelers' needs. "Easy-to-use quality public transportation provides access, freedom, and mobility to help people do what is important to them," APTA President Bill Millar said. 16 Transportation Projects Highlight Environmental Successes Outstanding examples of "Environmental Successes in Transportation Project Development" have been summarized in a new report issued by AASHTO this week. "The old stereotype of state transportation departments brushing aside environmental concerns in the name of transportation is simply no longer the case," the report states. The report is a product of the National Cooperative Highway Research Program and was published by AASHTO. It cites projects in states from Florida to California, selected from a total of 45 case studies submitted for review by 18 states, Metropolitan Planning Organizations, local transportation agencies and transit agencies. It was unveiled at the joint meeting of the AASHTO Standing Committee on Environment and Standing Committee on Planning at their meeting last week in New Orleans. AASHTO Executive Director John Horsley said, "State transportation departments today are listening to our customers; and nowhere is that more evident than in the state DOTs' commitment to develop transportation projects in a way that also enhances the environment. That is what the public expects and what we must deliver. I'm proud to see recognition of these outstanding examples, appropriately in conjunction with our nation's celebration of Earth Day." The report focuses on a variety of ways in which transportation project development has advanced including: process management, improved scoping, visualization techniques, technology application, context-sensitive design, and conflict avoidance and dispute resolution. Case studies range from New York State DOT's "New Ethic" Environmental Initiative, to the South Carolina Sandy Island Mitigation in which an entire, pristine ecosystem was protected from commercial development, providing a habitat for endangered species as a wetland bank while lowering the cost of project by project mitigation. Other transportation projects included are from California, Connecticut, Florida, Maryland, Minnesota, Ohio, Pennsylvania, Washington, and Wisconsin. "These are all 'good news' stories that deserve to be told," Horsley said. Copies of the report are available from AASHTO headquarters by calling (202) 624-5800. It can also be accessed via the AASHTO web site at transportation.org. Transportation Secretary Mineta Announces 2001 Environmental Excellence Awards U.S. Secretary of Transportation Norman Mineta on Tuesday announced the 13 recipients of the Federal Highway Administration's (FHWA) 2001 Environmental Excellence Awards. The biennial FHWA awards recognize outstanding partnering and projects that promote environmental excellence in the 50 states, Puerto Rico, and the District of Columbia. "These public-private efforts are good examples of environmental stewardship and successful partnering," said Vincent Schimmoller, FHWA deputy executive director. "They inspire us to act responsibly, protecting and enhancing the environment without compromising mobility or causing financial hardship." Projects that received Environmental Excellence Awards are in California, Florida, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, West Virginia, and Puerto Rico. Honorable mentions include Arizona, Iowa, New Jersey, New York, and Texas. FHWA received 145 nominations from 31 states, Puerto Rico, and D.C. Schimmoller and Cynthia Burbank, FHWA Planning and Environment program manager, will present the awards on April 20 at an Earth Day ceremony in Washington, D.C. A full list of award-winners and their projects can be accessed at www.fhwa.gov under the Press Room link. McCaleb Gets the Nod for Indian Affairs Position President Bush on Tuesday announced that he will nominate Oklahoma Department of Transportation Secretary Neal McCaleb to head the Bureau of Indian Affairs (BIA). "I am honored the president would consider me for this position of great importance for all tribes," McCaleb said in the Oklahoman. Interior Secretary Gale Norton said of McCaleb, "His compassion for Indian issues, decisive management skills, and ability to facilitate dialogue will help to improve this program and the relationship of the department with Indian tribes around the country." The Assistant Secretary for Indian Affairs is responsible for providing services to the 561 federally recognized tribes of American Indians and natives of Alaska. State officials are expressing interest in filling McCaleb's position as transportation secretary. The Oklahoman reported Herschal Crow, state Transportation Commission chairman, and Delmas Ford, former state transportation secretary under Governor David Walters, are eyeing the position. John Cox, Governor Frank Keating's press secretary, said the governor's staff will begin looking for a replacement if McCaleb is confirmed for the BIA position. West Virginia Continues Gas Tax Rate The West Virginia legislature has voted to continue the state's 20.5 cent per gallon gasoline tax rate until August 2007. The gas tax was temporarily increased by five cents in 1993 specifically to match increased federal highway funding. It was scheduled to revert to 15.5 cents on August 1, 2001. At the request of Governor Bob Wise and Transportation Secretary Fred Van Kirk the legislature voted to retain the gasoline tax rate, but also to remove the restriction that the funds be used only for matching federal dollars. The five-cent portion of the tax generates approximately $55 million annually. AASHTO Planning and Environment Committees Hold Joint Meeting The AASHTO Standing Committee on Planning and Standing Committee on the Environment held a joint meeting on April 8-11 in New Orleans, Louisiana. Issues of mutual concern were discussed, and the committees approved resolutions to be considered by the AASHTO Board of Directors during the May 17-21 AASHTO Spring Meeting in Wichita. The joint meeting included plenary and breakout sessions that dealt with issues such as environmental streamlining, environmental stewardship, environmental research, FHWA/FTA planning and NEPA proposed regulations, air quality, and TEA-21 reauthorization. Approximately 190 people attended the four-day meeting, including state DOT planning and environmental staff, Federal Highway Administration and Federal Transit Administration officials, private sector representatives, and EPA and other federal environmental resource agency personnel. Dr. Kam Movassaghi, secretary of the Louisiana Department of Transportation and Development, welcomed the participants as the host state. Larry Perret, assistant secretary for Planning and Programming, moderated a session highlighting Louisiana activities, including the New Orleans Rail Gateway Project, the I-49 Connector, and the Louisiana Intermodal Transportation Plan Update. AASHTO Executive Director John Horsley addressed the meeting participants and discussed the importance of collaboration between the AASHTO Planning and Environment Committees because of the linkage between the two committees on a number of major environmental issues. Leroy Irwin, environmental director for the Florida DOT, discussed his agency's work over the past year to implement a more efficient and timely transportation decision-making process in conjunction with federal and state environmental agencies. He described the process to develop Florida's "Efficient Transportation Decision Making (ETDM) While Protecting Florida's Environment" program. He said that he and his staff have met with environmental groups around the State to talk about ways to develop transportation projects while enhancing the environment. Additional information about Florida's new approach is available on the Florida DOT web site at www.dot.state.fl.us/emo. During its business session on Tuesday, the AASHTO Standing Committee on Planning passed a resolution urging that U.S. DOT not take action to advance a general update to the rules on Planning and NEPA until after TEA-21 reauthorization. The resolution recommends that U.S. DOT formally close the Planning and NEPA dockets that were opened last May without taking any action. These dockets dealt with Notices of Proposed Rulemaking on planning and NEPA provisions to implement TEA-21. The AASHTO Board of Directors will consider this resolution on May 20 in Wichita. The Standing Committee on the Environment approved two resolutions at its business session. The first one urges U.S. DOT to demonstrate its commitment to the streamlining mandate of TEA-21 by giving immediate attention to AASHTO's short-term recommendations for improvement of the Section 4(f) process. These recommendations were included on pages 29-34 of AASHTO's response to U.S. DOT docket 99-5989 regarding Proposed Regulations for NEPA and Related Procedures for 4(f). The resolution calls upon U.S. DOT to develop regulatory and statutory proposals for a single consolidated process that would eliminate overlap of Section 106 and Section 4(f) requirements for historic properties impacted by federal aid transportation proposals. The resolution also urges Congress to modify Titles 23 and 49 to eliminate overlap with the requirements of the National Historic Preservation Act, including the consideration to remove historic properties from Section 4(f), and to establish a single consolidated process for protecting historic properties. The second resolution approved by the Standing Committee on the Environment expresses AASHTO's support for flexibility to pursue programmatic and/or outcome based approaches to streamlining by allowing each state to develop the method by which they can most effectively achieve the goals set forth by Congress. Further, it encourages federal agencies to provide specific recommendations and pursue changes in statute, regulations and guidance that will result in overall program simplification protecting and enhancing the environment. The resolution also expresses support for carrying out the spirit of the NEPA rule while eliminating wasteful project-based paperwork and approvals. Further, it calls upon U.S. DOT to report annually, in consultation with appropriate natural and cultural resource agencies, to Congress on the status of streamlining efforts and best practices for environmental streamlining. The AASHTO Board of Directors will consider both of these resolutions approved by the Standing Committee on the Environment at its May 20 meeting. The meeting concluded with a discussion of AASHTO's TEA-21 reauthorization activities. AASHTO Vice President Brad Mallory, chair of AASHTO's reauthorization effort, moderated the session, which included reports on highway and transit needs, the effects of transportation investment and finance, program delivery, and interjurisdictional issues. Virginia DOT Smart Road Featured on AASHTO Web Site This week's featured story on the AASHTO web site, www.transportation.org, is about the Virginia Department of Transportation's (VDOT) Smart Road. The Smart Road is a cooperative venture among VDOT, Virginia Tech's Transportation Institute, and the Federal Highway Administration to simulate various driving conditions to improve highway safety. AASHTO Appointments President Dean Carlson has announced the following appointments to AASHTO committees: John Craig, Nebraska Department of Roads, appointed as vice chair of the Asset Management Task Force for a two-year term; Albert Goke, Montana DOT, appointed to the Standing Committee on Highway Traffic Safety as a governor's highway safety representative for a four-year term; Gary Hoffman, Pennsylvania DOT, appointed as vice chair of the Highway Subcommittee on Maintenance for a two-year term to replace Ray Bass of Alabama, whose term has expired; William Moore, Tennessee DOT, reappointed as chair of the Highway Subcommittee on Traffic Engineering for a second two-year term; Richard Quesenberry, Military Traffic Management Command, appointed to the Standing Committee on Highway Traffic Safety as a Federal Associate Member for a four-year term; Rod Roberson, New Jersey DOT, appointed to the Standing Committee on Highway Traffic Safety for a four-year term, representing Region I; Jim Slifer, Illinois DOT, appointed as chair of the U.S. Route Numbering Committee for a two-year term to replace Leon Kenison of New Hampshire, who has retired; David Sprynczynatyk, North Dakota DOT, appointed as chair of the Highway Subcommittee on Maintenance for a two-year term, to replace Tom Norton of Colorado, whose term has expired; Paul Wells, New York State DOT, appointed to the Standing Committee on Highway Traffic Safety for a four-year term, representing Region I; and Terecia Wilson, South Carolina DOT, appointed to the Standing Committee on Highway Traffic Safety for a four-year term, representing Region II. 2001 International Bridge Conference Slated for June AASHTO is cosponsoring the 2001 International Bridge Conference, scheduled for June 4-6 at the Hilton Pittsburgh and Towers. The theme of this year's conference is "Preserving Legacies and Designing Landmarks" with New York as the featured state. The conference will focus on the practice of bridge engineering. New York State Transportation Commissioner Joseph Boardman will deliver the keynote address. Other featured speakers include: Sherwin-Williams CEO Christopher Conner; Parsons, Brinckerhoff, Quade and Douglas CEO Tom O'Neill; and Peter Kiewit Sons' CEO Ken Stinson. The International Bridge Conference was initiated in 1984 to further the advancement of the engineering profession through the professional improvement of its members and service to the community. For more information, contact Jim Cooper from the Federal Highway Administration at (202) 493-3023.

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