TEA-21: What it Means for America and Our Wildlife INTRODUCTION The Transportation Equity Act for the 21st Century was enacted June 9, 1998, authorizing $217 billion for the Federal surface transportation programs for highways, highway safety, and transit for the 6-year period 1998-2003. As successor to the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), TEA-21 continued the transformation of our 1950s-era highway building program into a flexible transportation program. Both have heralded a revolution in how America executes transportation policy -- shifting primary responsibility from the federal government to state and local levels. More emphasis is placed on building communities than on building roads. Priorities changed to improved planning, environmental protection and spending flexibility for greater transportation choice. Hallmarks of this new policy include: Flexible funding for highways, transit and other uses Decisions on spending are made through inclusive planning at state and local levels Significant funding is reserved for maintenance of existing infrastructure Set-aside funds are available for alternative transportation and measures for reducing the negative impacts on our environment Emphasis on public safety Research and technology TRANSPORTATION AND THE ENVIRONMENT For the last century, automobiles and the roads they require have been the dominant force shaping the modern American landscape. We have more cars per capita than any other nation in the world. Our interstate highway system is unrivaled; connecting major metropolitan areas and providing the basis for our transportation infrastructure.  However, our mobility comes with a price. Nearly 4 million miles of roadways and 200 million vehicles keep Americans moving, but has had a devastating impact on our environment. Transportation is the leading source of overall air pollution; a primary consumer of wetlands; farmland and open space; and a leading contributor to solid waste, water pollution and natural resource consumption. ISTEA and TEA-21 have attempted to address these problems, with the following programs: § 1110 CMAQ ($8.1 billion) The Congestion Mitigation and Air Quality Improvement program provides a flexible funding source to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act. Eligible activities include transit improvements, travel demand management strategies, traffic flow improvements, and public fleet conversions to cleaner fuels, among others. Funding is available for areas that do not meet the National Ambient Air Quality Standards (nonattainment areas), as well as former nonattainment areas that are now in compliance (maintenance areas). Funds are distributed to States based on a formula that considers an area’s population by county and the severity of its air quality problems within the nonattainment or maintenance area. Title VI Ozone and Particulate Matter Standards (PM) In 1997, Congress released new and revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM). Included in the PM NAAQS were new standards for PM2.5—fine particles less than 2.5 microns. TEA-21 ensures the establishment of the new monitoring network for PM2.5 and, within appropriated totals under the Clean Air Act, requires the Administrator of the Environmental Protection Agency (EPA) to provide financial support to the States for 100 percent of the cost of establishing and operating the network. § 1202 Bicycle Transportation and Pedestrian Walkways TEA-21 continues and expands provisions to improve facilities and safety for bicycles and pedestrians. National Highways System funds are now available for pedestrian walkways and consideration of bicyclists and pedestrians is required in the planning process and facility design. § 1221 Transportation and Community and System Preservation Pilot Program ($120M) States, local governments, and metropolitan planning organizations are eligible for discretionary grants to improve the efficiency of transportation systems; reduce environmental impacts of transportation; reduce the need for costly future public infrastructure investments; ensure efficient access to jobs, services, and centers of trade; and examine private sector development patterns and investments that support these goals. From http://www.fhwa.dot.gov/tea21/sumenvir.htm TRANSPORTATION AND WILDLIFE These programs address threats to the environment, but are aimed essentially at the human environment, and do very little to protect the natural environment, and wildlife habitat. CMAQ and PM standards are designed to reduce smog and air pollution in urban areas. Bike and pedestrian facilities are designed to reduce congestion on highways. To be sure, smog and pollution have a negative impact on wildlife habitat. However, roads and highways impact wildlife on many levels, beyond air and water pollution. 1. Mortality from road construction The actual construction of a road, from clearing to paving, will often result in the death of any sessile or slow-moving organisms in the path of the road. Obviously, trees and any other vegetation will be removed, as well as any organisms living in that vegetation. 2. Mortality from collisions with vehicles Roadkill is the greatest directly human-caused source of wildlife mortality throughout the U.S. More than a million vertebrates are killed on our roadways every day. 3. Modification of animal behavior The presence of a road may cause wildlife to shift home ranges, and alter their movement pattern, reproductive behavior, escape response and physiological state. When roads act as barriers to movement, they also bar gene flow where individuals are reluctant to cross for breeding. 4. Alteration of the physical environment A road transforms the physical conditions on and adjacent to it, creating edge effects with consequences that extend beyond the white lines. Roads alter the following physical characteristics of the environment: soil density, temperature, soil water content, light, dust, surface water flow, pattern of run-off, and sedimentation. 5. Alteration of the chemical environment Maintenance and use of roads contribute at least five different general classes of chemicals to the environment: a. Heavy metals - gasoline additives b. Salt - de-icing c. Organic molecules - dioxins, hydrocarbons d. Ozone - produced by vehicles e. Nutrients – nitrogen 6. Spread of exotics Roads provide opportunities for invasive species by: a. providing habitat by altering conditions; b. stressing or removing native species; and c. allowing easier movement by wild or human vectors. 7. Increased use of areas by humans Perhaps the most pervasive, yet insidious impact of roads is providing access to natural areas and encouraging further development. As our cities and towns sprawl across the landscape, more and more wildlife habitat is forever lost to strip malls and parking lots. TEA-21 AND WILDLIFE Thanks to the efforts of Defenders, TEA-21 did contain one program that had direct benefits for America’s wildlife. The Transportation Enhancements (TE) program had been instituted during ISTEA , which set aside 10% of Surface Transportation Program (STP) funds for small-scale projects that are initiated at the local level and enhance the transportation experience, but are generally not included in the normal routine of planning and building highways. Common examples of TE activities are construction of bike and walk trails and the preservation of our scenic and historic resources as they exist in a transportation context. TEA-21 included an expanded list of eligible TE activities, including funding for provision of wildlife habitat connectivity. Recognizing the inherent conflict between wildlife and transportation, this category covers projects such as wildlife crossings, underpasses and overpasses. TEA-21 is up for reauthorization in 2003, and Defenders will be hard at work to continue improving America’s transportation in policy and practice. INFORMATION TEA-21 User’s Guide The Guide is an in-depth look at the policies and funding contained in TEA-21. It explains TEA-21's major features, points out key opportunities for making progress on the ground, and explores some potential pitfalls. Transportation Equity Act for the 21st Century (P.L. 105-178): An Overview of Environmental Protection Provisions by Congressional Research Service. Intermodal Surface Transportation Efficiency Act of 1991 - Summary Message by (then) Transportation Secretary Skinner. Federal Highway Administration (FHWA) TEA-21 Web site Contains the full text, cross reference, summaries, fact sheets, funding tables, information exchange and publications.