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New Resource for Land Trusts
The massive $218 billion
Transportation Equity Act for the 21st Century (TEA-21),
which reauthorizes and improves the nation's primary transportation
law, contains several provisions that can provide resources to land
trusts. President Clinton signed the bill into law June 9, 1998.
It replaces ISTEA, which expired in September 1997.
TEA-21 Provisions of Interest
to Land Trusts
Transportation Enhancements:
TEA-21 retains the Transportation Enhancements Program (TEP) and provides
approximately $630 million annually for the program, a 40 percent
increase over the 1997 ISTEA level. These funds are used for such
activities as creation of greenways, trails, and bike paths, and purchase
of conservation easements on or fee title of open spaces, scenic vistas,
or historical areas along highways.
Transferability
States can transfer only a maximum of 25 percent of new TEP funding
to new projects. The bill totally protects TEP funds at the level
they received in 1997 state TEP funding. Estimates of the actual
amounts indicate that this provision should not be much of a concern
for program users, such as land trusts.
Cost-Share Requirements
TEA-21 allows states more flexibility in meeting the TEP cost share
requirements. States are now allowed to count funds and the value
of services from other federal agencies toward the cost-share requirement.
In addition, the non-federal
share for a project may be calculated on a project, multiple-project,
or program basis. That means that some projects may be completed
using 100 percent federal funds, as long as the state's program
meets ISTEA's original 20 percent minimum matching requirement.
Land trusts can use this change to convince their state departments
of transportation to release money for a project without needing
to raise additional matching funds, if the program overall meets
the required match.
Natural Habitat and Wetlands
Mitigation:
TEA-21 encourages the use of natural habitat and wetland mitigation
banks instead of on-site mitigation of natural habitat and wetlands
disturbed or destroyed during highway construction. These "banks"
are areas of conserved habitat or wetlands that states can use to
draw credits from when highway construction results in habitat or
wetland loss. Land trusts can participate in the creation of such
banks, which can often result in more significant conservation benefits
than smaller on-site mitigation projects.
Scenic Byways:
TEA-21 formalizes the National Scenic Byways Program and provides
$148 million for scenic byways over six years. This is an 85% increase
over ISTEA. This program is designed promote the development and
use of scenic byways (roads that have regional significance for
their scenic, historic, or cultural values) and All-American roads
(roads that stand out in the national consciousness for their prominent
scenic, historic, or cultural values).
The law authorizes the Secretary
of Transportation to make grants for several activities relating
to scenic byways including "the protection of scenic, historical,
recreational, cultural, natural, and archaeological resources in
an area adjacent to a scenic byway." Land trusts can partner with
state agencies to access these funds for the purchase of areas within
the viewshed of these roadways.
Recreational Trails Fund:
TEA-21 reauthorizes the Recreational Trails Fund. Funding is provided
at $30 million for the first year, $40 million for FY2000, and $50
million annually for the remaining years. This program allows states
to provide grants directly to land trusts for the "acquisition of
easements and fee simple title to property for recreational trails
or recreational trail corridors." All projects require a 20% match
from the State, and up to 75% of the 20% match can come from other
federal sources. Contact your state trails coordinator or state
DOT for more information.
More information:
Scenic Byways:
National Scenic Byways Clearinghouse
1440 New York Avenue, NW
Washington, D.C. 20005
202-628-7718
Enhancements:
National Transportation Enhancements Clearinghouse
1100 17th Street, NW, 10th Floor
Washington, D.C. 20036
888-388-6832
Web site: http://www.enhancements.org/
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