Resolution of the Southern Association of State Highway and Transportation Officials (SASHTO)

Transportation Alternatives Program Projects

WHEREAS, the Moving Ahead for Progress in the 21st Century Act ("MAP-21") was enacted on July 6, 2012 and amended Title 23 U.S.C. 213, establishing the Transportations Alternatives Program (TAP); and

WHEREAS, TAP funds must be used for eligible projects that are submitted by eligible entities and chosen through a competitive process as required by 23 U.S.C. 213(c)(4)(A); and

WHEREAS, State DOT’s are not eligible entities as defined under 23 U.S.C. 213(c)(4)(B) and therefore are not eligible project sponsors for TAP funds; and

WHEREAS, under present law, if a State DOT wishes to use TAP funds on a project, it must either identify a willing partner which is eligible to sponsor the project or elect the option to transfer up to 50 percent of TAP funds to the National Highway Performance Program (NHPP), Surface Transportation Program (STP), Highway Safety Improvement Program (HSIP), or the Congestion Mitigation and Air Quality (CMAQ) Program for use anywhere in the State; and

WHEREAS, the TAP is the only FHWA program created by MAP-21 which prohibits state sponsorship of projects; and

WHEREAS, previous law did not prohibit state sponsorship of similar activities; and WHEREAS, certain scenarios do arise when sponsorship by State DOT’s of TAP funded projects is an appropriate and more efficient manner to facilitate such projects; and

WHEREAS, present law does not allow TAP funds to be used for administrative costs other than in the Recreational Trails Program (RTP) and Safe Routes to School (SRTS) programs under TAP; and

WHEREAS, it would greatly benefit the States if TAP funds could be used to administer all programs under TAP.

NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Southeastern Association of State Highway and Transportation Officials urges the United States Congress to amend existing law to modify the TAP to remove the prohibitions on sponsorship of TAP projects by State DOT’s.

BE IT FURTHER RESOLVED, that the SASHTO Board of Directors urges the United States Congress to provide eligibility of administrative costs for the TAP at a federal share of 80 percent.

Approved by the SASHTO Board of Directors
on August 26, 2014 in New Orleans, Louisiana