Home | Font Size A A A | Contact Us

Congressman John Yarmuth

Representing the 3rd Congressional District of Kentucky

Surface Transportation Reauthorization

The House Transportation and Infrastructure Committee (T&I) will soon begin its work on the surface transportation authorization in advance of the expiration of the current authorization on September 30, 2021. As a part of this year’s process, the Committee will be accepting requests from Members of Congress for specific project authorizations. Though there is no limit to the number of requests a Member can file, a Member will only get to rank their top five requests, and there is no guarantee that any requests will be granted. To ensure oversight, transparency, and accountability throughout the process, Members who submit a Member Designated Project request must also post the request online to their official House.gov website, and will be asked to self-certify the project has been posted accordingly when they submit their request to the Committee. Members must include the project name, location of the project (including address and ZIP code to extent applicable), project sponsor, and the requested amount for each request posted online. Project requests that are not publicly posted upon submission will not be considered by the Committee.

The deadline to submit requests to our office is Wednesday, April 21, 2021. If you have questions or concerns, please contact Rep. Yarmuth’s Legislative Director, Katy Rowley, at katy.rowley@mail.house.gov.

  • Submission Form - The deadline to submit requests has passed. This form is no longer accepting submissions.

Before beginning the form, please review the important guidelines and eligibility information listed below. You cannot save the form while filling it out, so you will need to have all information available before you start. Community support for any submitted projects is critical for consideration, so you will be able to upload letters of support or similar documentation in .pdf form as part of the form.

Information Required for Form

When filling out the form, please be prepared to provide the following information and respond to the following questions:

  1. Requesting Organization Name
  2. Requesting Organization Address
  3. Requesting Organization Website
  4. Project Sponsor Point of Contact (Name)
  5. Point of Contact Phone Number
  6. Point of Contact Email Address
  7. Name of the Project
  8. Address of the Project
  9. Type of Project under title 23 (Highways) or chapter 53 of title 49 (Public Transit).
  10. Proposed project start date if available
  11. Proposed project completion date if available
  12. Brief description of the project, including benefits of the project (1,000 words max).
  13. Link to more information on the project, if available.
  14. What process has been or will be followed to provide an opportunity for public comment on the project? (1,000-character limit including spaces)
  15. What phase of the project is funding sought for?
    1. Options: Planning and Environmental Review, Final Design, Right of Way, Capital purchase or lease (including bus purchases), Construction, Other
  16. What NEPA category of action is applicable to the project?
    1. Options: Categorical Exclusion, Environmental Assessment, Environmental Impact Statement, Undetermined
  17. What is the status of the environmental review under NEPA?
    1. Options: Pre-review, Categorically excluded, Notice of intent published, FONSI issued, Draft EIS published, Final EIS published, ROD Issued, Other
  18. Is the project in the STIP or TIP?
  19. If the project is in the STIP or TIP, please provide project number and website of the applicable STIP or TIP.
  20. If project is not in the STIP or TIP:
    1. Can it be added to the STIP/TIP in a reasonable timeframe if funding is provided for this project?
    2. Please provide documentation from relevant federal agency that the project is eligible for funding under title 23 (Highways) or chapter 53 of title 49 (Public Transit). Documentation can be submitted on the form.
    3. Is the project on a regional or statewide long-range transportation plan?
  21. What is the total cost of the project?
  22. What amount is being requested?
  23. Is this project eligible for a greater than 80% federal cost-share? If so, please detail which exception the project is eligible for and the applicable federal cost-share.
  24. What are the sources of the remaining non-federal funding and when will that funding be secured?
  25. Has the project already received federal funding, including grants? If so, please details amounts, dates, and sources.
  26. Has the project applied for U.S. DOT discretionary grants in the past?
  27. All requests must include a letter of support from the sponsor of the project. The letter must be on letterhead from the public agency responsible for carrying out the project and must include an expression of willingness to carry out the project and the ability for the funding to be obligated within the time period set forth under federal-aid highway or federal transit requirements. Letters of support can be submitted on the form.
  28. Have you submitted this project to another Member of Congress? 

Overview of Surface Transportation Authorization

Surface Transportation Authorization Acts
Federal highway and public transportation programs are funded through multi-year surface transportation authorization acts. The current surface transportation program authorization expires on September 30, 2021.

Congress enacted the five-year Fixing America's Surface Transportation (FAST) Act (P.L. 114-94) on December 4, 2015. In the 116th Congress, the FAST Act was extended by the Continuing Appropriations Act, 2021, and other Extensions Act (P.L. 116-159) for an additional year.

The Highway Trust Fund (HTF)
Federal highways are user-fee financed through federal excise taxes levied on motor fuels and on various highway-related products such as tires and heavy trucks. Revenues from these taxes are deposited into the HTF and may be used only for eligible transportation projects and activities.

Beginning in fiscal year 2008, and in each subsequent fiscal year to date, HTF outlays have exceeded revenues received. Congress has transferred approximately $157 billion to the HTF from the general fund of the Treasury and other sources.

Federal Highway Program
The Federal-Aid Highway Program (FAHP) is an umbrella term for the separate highway programs administered by the Federal Highway Administration (FHWA). These programs are almost entirely focused on construction, and generally do not support operations (such as state DOT salaries or fuel costs) or routine maintenance (such as mowing roadway fringes or filling potholes). The majority of FAHP funds are apportioned through five “core” programs plus the Metropolitan Planning Program. The core programs are the National Highway Performance Program (NHPP), the Surface Transportation Block Grant Program (STBG), the Highway Safety Improvement Program (HSIP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), and the National Highway Freight Program (NHFP).

The FAHP is different from almost all other federal programs in that it is funded almost entirely through a type of budget authority known as “contract authority.” Using contract authority, the Secretary of Transportation is able to give states advance notice of available amounts at the time an authorization act is signed into law and commit to reimbursing states for eligible costs they incur without having to wait for an annual appropriation of funding. 

State Apportionments of Federal-aid Highway Funding
At the beginning of each fiscal year that the program is authorized, FHWA distributes contract authority to states through an annual apportionment, pursuant to the formula established under 23 U.S.C. 104. Under current law, this apportionment is divided among five “core” highway formula programs,  for obligation by the state department of transportation (or suballocation to a local government, in the case of Surface Transportation Block Grant (STBG) program or the transportation alternatives set-aside). Most FHWA contract authority is available for obligation three years after the last day of the fiscal year (FY) for which the funds are authorized, providing the funding certainty necessary for states carry out long-term capital construction projects. This same period of availability will apply to Member Designated Projects included in the surface transportation authorization legislation.

Obligation Limitation
In order to control the year-over-year obligations out of the HTF, the Appropriations Committee includes a limitation on total annual obligations for the federal-aid highway program in each annual appropriations act. This “obligation limitation” ensures that the federal-aid highway program stays within established budget caps for a fiscal year, even though the contract authority is available for multiple years. The obligation authority is distributed to states in a similar manner to the contract authority. While not subject to appropriations, a federal highway project needs contract authority and obligation authority to proceed.

Federal Transit Program Overview
Federal funding for U.S. public transportation systems dates back to 1964 with the enactment of the Urban Mass Transportation Act (P.L. 88-365). This law set the stage for the current program of financial assistance for mass transportation administered by the Federal Transit Administration (FTA).

Federal transit programs are primarily funded from revenues in the Mass Transit Account of the HTF, but a portion of the funding – approximately 20 percent – is authorized from the general fund of the U.S. Treasury.

Funds provided under the Mass Transit Account are largely provided through a series of formula programs, including the Urbanized Area Formula Grant program, the Formula Grants for Rural Areas program, the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities program, the Grants for Buses and Bus Facilities formula program, and the State of Good Repair program.  Additional funds are provided from the Mass Transit Account for discretionary grant programs including the Passenger Ferry Grant Program, the Bus and Bus Facilities competitive grant program, and the Low- and No-Emission Vehicle Program.

General funded transit programs include the Capital Investment Grants program and FTA oversight and administrative funds.

Transportation Planning
Funding for metropolitan planning, statewide planning, and other planning programs is authorized from both the Highway Account and Mass Transit Account. These programs provide resources for metropolitan planning organizations (MPO) and state departments of transportation to help meet the planning requirements of sections 134 and 135 of title 23 and sections 5303, 5304, and 5305 of title 49, United States Code. These planning activities are jointly administered by FTA and FHWA.

Each state is required to develop a Statewide Transportation Improvement Program (STIP) covering a period of at least four years. Each designated metropolitan area is required to develop a Transportation Improvement Program (TIP). The STIP is a fiscally constrained, multi-year, statewide intermodal program of transportation projects, consistent with the statewide transportation plan as well as metropolitan transportation improvement programs. The STIP must be developed in cooperation with MPOs, public transit providers, and any Regional Transportation Planning Organizations in the state. These documents and project lists guide state and MPO obligation of contract authority over the longer-term horizon required for capital construction projects. 

Project Eligibility

Capital projects eligible under title 23, United States Code, and chapter 53 of title 49, United States Code, are eligible for funding requests under T&I’s project submission process. Projects included on the STIP or TIP already have been certified as eligible for FHWA or FTA funding and do not require further verification of eligibility. For projects not on the STIP or TIP, the Committee will require additional documentation, including: verification whether the project can be added to the STIP or TIP in a reasonable timeframe if the funding request is included in the legislation; whether the project is on a long-range transportation plan; and verification of eligibility for the proposed activity under title 23 or chapter 53 of title 49 by the relevant federal agency.

FHWA Program Eligibilities
The FHWA programs focus on construction, reconstruction, and improvement of highways and bridges.  Eligibilities under the largest FHWA program, NHPP, include projects that improve the condition and performance of the National Highway System (NHS), which includes Interstate System highways and bridges and other major highways. NHPP funds projects to achieve national performance goals for improving infrastructure condition, safety, mobility, and freight movement. The STBG program provides for broad eligibility to fund construction and reconstruction of roads and bridges on the federal-aid highway system, as well as for off-system bridges. In addition, the HSIP funds projects that improve the safety of road infrastructure by correcting hazardous road locations, such as dangerous intersections, or making road improvements.

In addition to traditional highway and bridge construction projects, title 23 provides broad eligibility for other capital needs. Funds are also available for planning, environmental review, design, right of way acquisition, or operational improvements. Some examples of eligible capital projects include active transportation and transportation alternatives (pedestrian and bicycle infrastructure) under STBG and other programs, environmental mitigation, truck parking, transportation system management and operations, electric vehicle charging infrastructure, and acquisition of clean vehicle fleets under the Congestion Mitigation and Air Quality (CMAQ) program. In addition, multimodal projects, such as freight and passenger rail, may be narrowly eligible under various FHWA programs, including highway-railway grade crossings (23 U.S.C 130), multimodal freight improvements under Nationally Significant Freight and Highway Projects (INFRA) (23 U.S.C. 117) and the NHFP (23 U.S.C. 167), and certain rail projects with air quality benefits under the CMAQ program (23 U.S.C. 149).

FTA Program Eligibilities
FTA funds a wide range of public transportation projects. Public transportation or transit is defined as regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income, and does not include—

  • intercity passenger rail transportation provided by the entity described in chapter 243 of title 49 (or a successor to such entity);
  • intercity bus service;
  • charter bus service;
  • school bus service;
  • sightseeing service;
  • courtesy shuttle service for patrons of one or more specific establishments; or
  • intra-terminal or intra-facility shuttle services.

Some examples of eligible transit capital projects include constructing or rehabilitating a transit station or transit equipment; purchasing rolling stock including rail cars for public transportation purposes; purchasing buses or ferries, including zero-emission vehicles; transit-related intelligent transportation systems; project expenses related to a capital project including design, engineering, location surveys, mapping, and acquiring rights-of-way; associated transit improvements including bus shelters, pedestrian and bicycle access to a transit station, and enhanced access for persons with disabilities; and preventative maintenance. 

Project Requirements

FHWA Project Requirements
Unless otherwise specified in law, the federal share allowable under the highway program is typically 80 percent of the project cost, per 23 U.S.C. 120. However, there are many provisions that allow a project sponsor to increase the federal share for a project. See this FHWA guidance for more information.

In addition to non-federal cost share, all FHWA projects are subject to other requirements under title 23, including: statewide and metropolitan planning, environmental review under the National Environmental Policy Act (NEPA), payment of prevailing wages under the Davis-Bacon Act, Buy America, compliance with FHWA or state design standards, competitive bidding, and more. The project sponsor is responsible for ensuring compliance with all applicable federal requirements. In selecting projects for designated funding, the Committee will seek to ensure that project sponsors are prepared to carry out a project in line with federal requirements.

FTA Project Requirements
Unless otherwise specified in law, the federal share allowable under the transit program is typically 80 percent of the project cost. However, there are many provisions that allow a project sponsor to increase the federal share for a project. See this FTA guidance for more information.

In addition to non-federal cost share, all FTA projects are subject to other requirements under chapter 53 of title 49 including: statewide and metropolitan planning, environmental review under NEPA, transit employee protective arrangements under 49 U.S.C. 5333, payment of prevailing wages under the Davis-Bacon Act, Buy America, compliance with FTA project and construction management guidance, competitive bidding, and more. The project sponsor is responsible for ensuring compliance with all applicable federal requirements.  In selecting projects for designated funding, the Committee will seek to ensure that project sponsors are prepared to carry out a project in line with federal requirements.

Committee on Transportation and Infrastructure (T&I) Authorization vs. Appropriations

The T&I Committee process for member projects for consideration in this year’s surface transportation authorization legislation is separate and distinct from the House Committee on Appropriations’ process.

Projects funded through the surface transportation authorization will be funded directly from the Highway Trust Fund, and do not require a separate or subsequent appropriation. 

Projects included in the Committee’s surface transportation authorization legislation are provided dedicated contract authority. These projects will receive dedicated obligation limitation under the overall provision of obligation limitation provided through the appropriations process, and will not require further congressional action. How obligation limitation will flow to designated projects versus formula funding will be laid out in the T&I legislative text. Therefore, it is not necessary for a project to seek funding under both the T&I and Appropriations project processes. The Committee discourages offices from requesting projects under both processes.