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Joseph Taylor, FHWA

Federal Perspective on Earmarks (High Priority Projects). Joseph Taylor, FHWA Highway Engineer for the Office of Program Administration, Federal-aid Programs Groups August 22, 2006. Trends in Authorizors’ Project Earmarking. ISTEA (FY 1992 – FY 1997) TEA-21 (FY 1998 – FY 2003) SAFETEA-LU

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Joseph Taylor, FHWA

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  1. Federal Perspective on Earmarks (High Priority Projects) Joseph Taylor, FHWA Highway Engineer for the Office of Program Administration, Federal-aid Programs Groups August 22, 2006

  2. Trends in Authorizors’ Project Earmarking ISTEA (FY 1992 – FY 1997) TEA-21 (FY 1998 – FY 2003) SAFETEA-LU (FY 2005 – FY 2009) 539 projects 1,850 projects 5,634 projects $6.23 billion $9.36 billion $21.6 billion

  3. What is an Earmark? • Federal Appropriations Law - “a specific statutory designation of a portion of a lump-sum appropriation or authorization.” • In general - funding designated for a specific purpose and/or specific recipient • Sources -- • Authorizing legislation (e.g., SAFETEA-LU) • Appropriations Acts

  4. History of Earmarks • “Historic” function of earmarks • Additional $ “Above the line” • Constituent service • “Grease” the legislative wheels • Political climate – gone too far? • Public perception of the Federal programs • FHWA oversight responsibility continues

  5. SAFETEA-LU Sources • 7 SAFETEA-LU programs contain a total of 5,634 designated projects funded at $21.6 billion • Not limited to the “flavors of HPP’s” • e.g. Research funds are considered 100% earmarked with $178 M designated for specific recipients and remaining designated for specific purposes.

  6. # of Projects Funding (2005-2009) High Priority Projects (sec. 1701) 5,091 $14.824 billion Projects of National and Regional Significance (sec. 1301) 25 $1.779 billion National Corridor Infrastructure Improvement Program (Sec. 1302) 33 $1.948 billion Transportation Improvements (sec. 1934) 466 $2.555 billion Bridge Set-asides (sec. 1114(g)) 9 $ 400 million Freight Intermodal Distribution Pilot Grant Program (sec. 1306) 6 $ 30 million Nonmotorized Transportation Pilot Program (sec. 1807) 4 $ 100 million 5,634 $21.636 billion SAFETEA-LU Project Earmarks

  7. SAFETEA-LU earmarks – How much of the national program? Total SAFETEA-LU funding for highways (2005-2009) $ 193.578 B Bridge setasides, Freight & Nonmotorized Pilots ($0.53 B) Transportation Improvements ($2.555 B) National Corridor Infrastructure ($1.948 B) Projects of Nat’l & Reg. Significance ($1.779 B) High Priority Projects ($14.824 B) Formula and other funds ($171.942 B)

  8. Sources of earmarks – appropriations acts In addition to full earmarking of most highway discretionary programs: • FY 2005 DOT Appropriations: • $1,211,360,000 for 795 surface transportation projects named in report language • FY 2006 DOT Appropriations: • Surface Transportation Projects -- 519 earmarks totaling $600,000,000 • Highway Priority Projects - 24 earmarks totaling $25,000,000

  9. SAFETEA-LU Implementation • Massive job –there are about 250 implementation items for which FHWA is the lead agency • Releasing project money • Preparing implementing guidance, interim guidance • Post - links for SAFETEA-LU website cross reference, FAQs posted on program office websites

  10. Eligibility Determinations • Expectations of Members and Sponsors • Full face value? • Where’s my check? • Tension between Title 23, flexibility, and specific direction in law • Very limited Executive Branch authority to revise • Learning curve: shift from Execution Discretion to Conference Reports to Statutory Language • Consistency and clear expectations • Technical Corrections?

  11. Things To Know (HPP) • Funding • Federal share is 80% • Obligation limitation (FY 05 = 85.5% & FY 06 = 87.0%) • Donations and Credits • Toll Credits • Federal Lands Management Agency Funds • Federal Lands Highway Program Funds • Availability • Transferable

  12. Other Provisions • Flexibility Provisions • Advance Construction • Project Flexibility – Section 1935 • Advances Provision – Section 1936

  13. For information on SAFETEA-LU and implementation . . . Continue to Visit the FHWA website: General Informationhttp://www.fhwa.dot.gov/safetealu HPP Implementing Guidance http://www.fhwa.dot.gov/programadmin/122305.cfm

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