In early June, President Clinton signed HR 2400, which reauthorized ISTEA.  The new bill is the Transportation Equity Act for the 21st Century – TEA 21.  It authorizes a very large amount of money for transportation, perhaps as much as $218 billion.  The bill includes important scenic conservation programs.  Highlights follow:

SECTION 1219.  NATIONAL SCENIC BYWAYS PROGRAM

TEA-21 represents a significant step forward for scenic byways.  Overall, TEA-21 provides significantly more funding for byways, leaves the basic program structure intact, and even ties priority funding specifically to corridor management plans – all goals critical to Scenic America.

Authorization Level – TEA-21 provides $148 million for scenic byways over six years, with a level escalating from $23.5 million annually in the first two years to $26.5 million in the last year.  This amount represents an 85% increase over ISTEA.  Unlike in ISTEA, all states, including donor states, now have equal incentive to compete for these funds; they do not count against donor states’ minimum allocations.

Program Longevity – TEA-21 amends the US Code to include a National Scenic Byways Program – in other words, making the program permanent.  The program sunsetted at the end of ISTEA.  The National Scenic Byways Program can now be found at 23 USC §162.

Program Structure – The Secretary is directed to carry out a program to designate roads as National Scenic Byways and All American Roads.  Designated roads must first be nominated by the states and must first be state scenic byways (or federal byways if on federal land).

Grant Program – The Secretary is directed to undertake a grant program for scenic byways; the funding is to do projects along National Scenic Byways, All American Roads, or state scenic byways, or to foster the development of State programs.

Priorities

• projects along nationally designated roads that are consistent with the roads’ corridor management plans;
• projects along state byways that are intended to make them eligible for National designation and are consistent with the road’s CMP or the development of a CMP; and
• projects that foster the development of state scenic byways programs.

Eligible Projects

• development of state scenic byways programs
• development and implementation of state scenic byway programs
• safety improvements to scenic byways to facilitate the increased traffic spurred by designation
• bicycle/pedestrian facilities, rest areas, turnouts, overlooks, highway shoulder improvements, passing lanes, or interpretive facilities
• improvements of access to recreation
• protection of scenic, historical, recreational, cultural, natural, and archaeological resources along byways
• development and provision of tourist information, including interpretive information
• development and implementation of a scenic byway marketing program

Limitations – The Secretary is prohibited from making a grant that “would not protect the scenic, historical, recreation, cultural, natural, and archaeological integrity of a highway and adjacent areas.”

He is also enjoined from withholding “any grant or imposing any requirement on a State as a condition of providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in this chapter.” This provision appears simply to reassure those concerned that the byways program could become a federal “power grab.”

Federal Share – The federal share of scenic byways projects is set at 80%; federal agencies may use their regularly apportioned federal funds to match byways funds, however.

Center for National Scenic Byways – Section 1215 designates transportation enhancements funding for specific activities.  One of these (there are eight) is a center for national scenic byways, which is charged with developing and implementing “communications systems for the support of the national scenic byways program.  Such communications systems shall provide local officials and planning groups associated with designated National Scenic Byways or All-American Roads with proactive, technical, and customized assistance through the latest technology that allows scenic byway officials to develop and sustain their National Scenic Byways or All-American Roads.” The center is provided with $1.5 million annually from the Highway Trust Fund, a total of $9 million over the life of the bill.

TRANSPORTATION ENHANCEMENTS

This program, too, was significantly expanded in ISTEA, thus heading off grave threats to its well-being.  Funding has grown quite a bit, while the categories mostly remain intact.

Authorization Level – The Rails to Trails Conservancy reports that estimated annual transportation enhancements will average about $630 million – a 40% rise from ISTEA’s $430 million.  Under TEA-21, 25% of enhancements funds above FY 1997 funding may be transferred to other uses; however, it appears that as little as 1-2% may actually prove transferable.

Funding flexibility – TEA-21 provides increased flexibility for funding transportation enhancements, including allowing federal agencies to use their own federal funds to match enhancements funds and easing the use of advance payment.

Funding categories – TEA-21 makes some modifications to the eligible funding categories.  They are as follows:

• provision of facilities for bicyclists and pedestrians
• provision of safety and educational activities for bicyclists and pedestrians
• acquisition of scenic easements and scenic or historic sites
• scenic or historic highway programs (including the provision of tourist and welcome center facilities)
• landscaping and other scenic beautification
• historic preservation
• rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals)
• preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails)
• control and removal of outdoor advertising
• archaeological planning and research
• environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity
• establishment of transportation museums

Youth Corps – TEA-21 adds language that encourages states to work with Youth Conservation or Service Corps in contracts or cooperative agreements to perform enhancements work.

Designated Transportation Enhancement Activities – Section 1215 designates funding for a number of enhancement activities.  These include:  1) $800,000 over two years for restoration of the Gettysburg, PA, train station; 2) $6 million over three years for work on the Coal Heritage Scenic Byway; 3) $9 million over three years for traffic calming in Fauquier and Loudoun Counties, VA; 4) $1 million in one year for a pedestrian bridge in Charlottesville, VA; 5) $600,000 for a Virginia Blue Ridge Parkway interpretive center in the Roanoke River Gorge; 6) $2 million for renovation and preservation of the Missouri Rt. 66 Chain of Rocks Bridge; 7) an unspecified amount, but a requirement that the Secretary approve enhancements funds for noise barriers in Dekalb County, GA; and 8) the scenic byways center referenced above.

Transit Enhancements – TEA-21 creates a new Transit Enhancements Program.  The program calls for transit agencies in areas over 200,000 pop. to use 1% of their Urban Formula Funds for transit enhancements activities – an amount equal to about $30 million in FY 1998 and rising over the six-year course of the bill.  The funds are then pooled and divided among the 125 largest urban areas in the nation.  Eligible activities include:

• historic preservation, rehabilitation, and operation of historic mass transportation building and facilities.
• bus shelters
• landscaping and scenic beautification, including tables, benches, trash receptacles and street lights
• public art
• pedestrian access and walkways
• bicycle access, including bicycle storage facilities and bike-on-bus racks
• transit connections to parks within the transit service area
• signage
• enhanced transit access for persons with disabilities

STUDY ON LOGO SIGN PRACTICES
In the original House bill, language had been included to allow restaurants to advertise on logo signs if they are closed on Sunday, as long as that is noted on the sign; current regs require that logo sign advertisers be open seven days/week.  That has been changed in the final TEA-21 to a study of state practices regarding logo signs (Section 1213).

The study “shall examine at a minimum” practices of states for determining eligibility; whether states allow businesses to be removed from the signs and, if so, how and when; the practices of all states for erecting and maintaining logo signs, including time required for erecting them; and whether states contract logo signs out to private industry.

The Secretary is required, within one year of enactment, to transmit the study to Congress, including recommendation for any modifications to the current Manual on Uniform Traffic Control Devices.