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Funding provisions for Recreational Trails Program FY05-09

Summary of provisions - Language in the bill

Following are RTP provisions in the HR 3 conference report, provided as part of the process for House and Senate to reach agreement on competing Federal transportation bills:

Overall transportation program funding:

• $286.4 billion/5 years

Recreational Trails Program Funding:

• $370 million ($60/70/75/80/85 million through FY2009, an increase of approximately 64%* from TEA-21 funding levels

Program administration:

• $840,000 per year

Changes in spending requirements:

• Encourages, but does not require, use of youth conservation corps

Required non-Federal match:

• Changes 80% requirement to new formula used for most Federal aid programs

State recreational trails advisory committees:

• no change

Planning and environmental assessment costs:

• Pre-approval (no more than 18 months prior to approval) expenditures on planning, environmental compliance may be credited to non-Federal share of project

Legality of fees/passes for use of RTP-funded projects:

• None

Technical assistance to state trails programs and trail project partners:

• No specific provision, but funding for technical assistance continues to be provided for

Trail patrols and training:

• Specifically authorizes funding for non-law enforcement trail safety and trail-use monitoring patrol programs and trail-related training from 5% allowable for use on educational programs for safety and environmental protection

Waiver from 30/30/40 project categories requirements:

• Deletes 30/30 discretionary waiver provision, requested through trail advisory committees, but retains small state exemption

The conference report on HR 3, SAFETEA-LU, has the following funding provisions for the Recreational Trails Program:

(8) RECREATIONAL TRAILS PROGRAM. — For the recreational trails program under section 206 of title 23, United States Code:

(A) $60,000,000 for fiscal year 2005;

(B) $70,000,000 for fiscal year 2006;

(C) $75,000,000 for fiscal year 2007;

(D) $80,000,000 for fiscal year 2008; and

(E) $85,000,000 for fiscal year 2009.

The total funding for the five years is $370 million, compared with an Administration request for $300 million ($60 million per year) and the Senate-passed provision of just over $280 million.

The conference report contains the following language on other changes to the program:

SEC. 1109. RECREATIONAL TRAILS.

(a) RECREATIONAL TRAILS PROGRAM FORMULA. —

Section 104(h) of title 23, United States Code, is amended —

(1) in paragraph (1) by striking the first sentence and inserting the following: ''Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.''; and

(2) in paragraph (2) by striking ''After'' and all that follows through ''remainder of the sums'' and inserting ''The Secretary shall apportion the sums''.

(b) PERMISSIBLE USES. — Section 206(d)(2) of such title is amended to read as follows:

''(2) PERMISSIBLE USES. — Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include —

''(A) maintenance and restoration of existing recreational trails;

''(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;

''(C) purchase and lease of recreational trail construction and maintenance equipment;

''(D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be —

''(i) permissible under other law;

''(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l&endash;4 et seq.) and that is in effect;

''(iii) approved by the administering agency of the State designated under subsection (c)(1); and

''(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the

Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 11 1600 et seq.), and the Federal Land Policy 12 and Management Act of 1976 (43 U.S.C. 13 1701 et seq.);

''(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;

''(F) assessment of trail conditions for accessibility and maintenance;

''(G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to 1 or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and

''(H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year.''.

(c) USE OF APPORTIONMENTS. — Section 206(d)(3) of such title is amended —

(1) by striking subparagraph (C);

(2) by redesignating subparagraph (D) as subparagraph (C); and

(3) in subparagraph (C) (as so redesignated) by striking ''(2)(F)'' and inserting ''(2)(H)''.

(d) FEDERAL SHARE. — Section 206(f) of such title is amended —

(1) in paragraph (1) —

(A) by inserting ''and the Federal share of the administrative costs of a State'' after ''project''; and

(B) by striking ''not exceed 80 percent'' and inserting ''be determined in accordance with section 120(b)'';

(2) in paragraph (2)(A) by striking ''80 percent of'' and inserting ''the amount determined in accordance with section 120(b) for'';

(3) in paragraph (2)(B) by inserting ''sponsoring the project'' after ''Federal agency'';

(4) by striking paragraph (5);

(5) by redesignating paragraph (4) as paragraph (5);

(6) in paragraph (5) (as so redesignated) by striking ''80 percent'' and inserting ''the Federal share as determined in accordance with section 120(b)''; and

(7) by inserting after paragraph (3) the following:

''(4) USE OF RECREATIONAL TRAILS PROGRAM FUNDS TO MATCH OTHER FEDERAL PROGRAM FUNDS. — Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are —

''(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and

''(B) expended on a project that is eligible for assistance under this section.''.

(e) PLANNING AND ENVIRONMENTAL ASSESSMENT

COSTS INCURRED PRIOR TO PROJECT APPROVAL. — Section 206(h)(1) of such title is amended by adding at the end the following:

"'(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO PROJECT APPROVAL. — The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.''.

(f) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS. — The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps

to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

Related topics:

Building trails
Accessible trails
Rails to trails
Urban trails
Management and Maintenance
Wildlife and the environment
Planning

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