Discretionary Programs

1. DiscretionaryPrograms April Nitsos-Program Manager (916)653-8450 Evelyn Williams-Program Assistant (916)651-8903

3. DLA Discretionary Programs • Ferry Boat Discretionary (FBD) • Interstate Maintenance Discretionary (IMD) • Public Lands Highways Discretionary (PLHD) • Highways for Life (HfL) • Innovative Bridge Research & Deployment (IBRD) • Innovative Bridge Research & Construction (IBRC) • National Historic Covered Bridge Preservation (NHCBR) • Forest Highways (FH)

4. Non-DLA Discretionary Programs • Transportation Infrastructure Finance and Innovative Act (TIFIA) • Office of Innovative Financing • National Scenic Byways (NSB) • Division of Design • Coordinated Border Infrastructure (CBI) • Division of Transportation Planning • Tolling Program/Value Pricing Pilot Program (VPPP) • Federal Resources Office • Truck Parking Facilities (TPF) • Federal Resources Office

5. Ferry Boat Discretionary (FBD) Program

6. Background The Ferry Boat Discretionary (FBD) Program provides a special funding category for the construction of ferry boats and ferry terminal facilities and was created by section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).

7. Federal Share 80%

8. Period of Availability Until expended or rescinded by Congress

9. Eligibility • FBD funds are available for construction/improvement to ferry boats or ferry boat terminals where it is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry. • The ferry boat or ferry terminal facility is publicly owned or operated, or majority publicly owned if the Secretary determines, with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits. • The operation of the ferry is on a route classified as a public road within the State,which has not been designated as a route on the Interstate System.  • Ferry may be operated only within the State (including the islands which comprise the State of Hawaii and the islands, which comprise any territory of the United States) or between adjoining States, or between a point in a State and a point in the Dominion of Canada.

10. Eligibility (cont) • The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State or other public entity. • Control by a public entity means that the public entity establishes or approves the route and has oversight of the schedule, public access, safety, and so on, for the ferry. • The public entity must approve fares and verify that it is within the requirements for the program. • All revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance and repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return.

11. Projects Designated by Congress • Projects specified in public law by Congress. • Application required after passage of act. • Application submitted to Division of Local Assistance (DLA) by local agencies. • Caltrans submits applications to FHWA for award.

12. Projects Not Designated by Congress • Projects are not specified in public law by Congress. • Application required after formal solicitation by FHWA. • Application submitted to DLA by local agencies. • Caltrans submits applications to FHWA for consideration.

13. Projects Not Designated by CongressPriorities • 23 USC 147(c): “The Secretary shall give priority in the allocation of funds under this section to those ferry systems, and public entities responsible for developing ferries that: • provide critical access to areas that are not well-served by other modes of surface transportation. • carry the greatest number of passengers and vehicles. • carry the greatest number of passengers in passenger-only service.”

14. Projects Not Designated by CongressPriorities (cont) • FHWA will consider the following additional factors in the evaluation of candidates for this program: • Expeditious completion of project • State priorities • Leveraging of private or other public funding • Amount of FBD funding • National geographic distribution of funding within the FBD program • Congressional direction or guidance

15. Solicitations Solicitations usually occur once per year after the passage of the federal budget act

16. San Francisco Bay Area Water Transit Ferry Various FBD funding $3,200,000

17. Long Beach Aquabus 1999 FBD Funding $1,200,000

18. Larkspur Ferry Terminal Parking Improvements 2009 FBD Funding $475,000

19. Interstate Maintenance Discretionary (IMD) Program

20. Background The Interstate Maintenance Discretionary (IMD) Program provides funding for resurfacing, restoration, rehabilitation and reconstruction (4R) work, including added lanes to increase capacity, on most existing Interstate System routes.  This discretionary program was first established by the Surface Transportation Assistance Act of 1982 and was known as the I-4R Discretionary Program. 

21. Federal Share Federal share of the costs for most projects eligible under this program is 90 percent.  However, the Federal share is 80 percent on projects, or the portion of projects, for work involving added single-occupancy vehicle lanes to increase capacity.

22. Period of Availability Until expended or rescinded by Congress

23. Eligibility • IMD funds are available for resurfacing, restoring, rehabilitating and reconstructing (4R) work, including added lanes, on the Interstate System.  • Not eligible for allocation of IMD funds are projects on any highway designated as a part of the Interstate System under section 139 of 23 U.S.C., as in effect before the enactment of TEA-21, and any toll road on the Interstate System not subject to an agreement under section 119(e) of 23 U.S.C., as in effect on December 17, 1991.  Also not eligible are projects on any highway added to the Interstate System under section 103(c)(4) of 23 U.S.C. and section 1105(e)(5)(A) of ISTEA.  Any proposed or future Interstate route is also not eligible for IMD funds.  • The website http://www.fhwa.dot.gov/reports/routefinder/table3.cfmmay assist in this determination.

24. Eligibility (cont) • Under the provisions of 23 U.S.C. 118(c)(2), a State is eligible to receive an allocation of IMD funds, if it has obligated or demonstrated that it will obligate in the fiscal year all of its IMD funds apportioned under section 104(b)(4) of 23 U.S.C., other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project which has been submitted by the State for approval.    • The State must be willing and able to obligate the IMD funds within 1 year of the date the funds are made available, apply the funds to a ready-to-commence project, and in the case of construction work, begin work within 90 days after obligation.

25. Projects Designated by Congress • Projects specified in public law by Congress. • Projects description must fit within the legislated description. • Application required after passage of an act. • Application submitted to DLA by local agencies. • Caltrans submits applications to FHWA for award.

26. Projects Not Designated by Congress • Projects are not specified in public law by Congress. • Application required after formal solicitation by FHWA. • Application submitted to DLA by local agencies. • Caltrans submits applications to FHWA for consideration.

27. Projects Not Designated by CongressPriorities • Under the provisions of 23 U.S.C. 118(c)(3), priority consideration shall be given to any project where the cost of which exceeds $10 million on any high volume route in an urban area or a high truck-volume route in a rural area. • FHWA has not established regulatory criteria for selection of IMD projects; however, in its annual solicitation, FHWA notes that the following criteria are also considered in the evaluation of candidates for this program: • Leveraging of private or other public funding - Because the annual requests for funding far exceed the available IMD funds, commitment of other funding sources to complement the requested IMD funds is an important factor. • State priorities - For States that submit more than one project, consideration is given to the individual State's priorities. • Expeditious completion of project - Preference is also given to requests that will expedite the completion of a viable project over requests for initial funding of a project that will require a long-term commitment of future IMD funding.  For large-scale projects, consideration is given to the State's total funding plan to expedite the completion of the project. • Transportation benefits that will be derived upon completion of the project.

28. Solicitations Solicitations usually occur once per year after the passage of the federal budget act

29. I-10/Cypress Avenue Overcrossing 2004, 2005, 2006 IMD Funding $2,300,000

30. Reyes-Adobe Interchange Project 2006IMDFunding $850,000

31. Public Lands Highways Discretionary (PLHD) Program

32. Background The Public Lands Highways Discretionary(PLHD) Program was originally established in 1930 by the Amendment Relative to Construction of Roads through Public Lands and Federal Reservations. Funding was provided from the General Fund of the Treasury. The intent of the program is to improve access to and within the Federal lands of the nation. The Federal-Aid Highway Act of 1970 changed the funding source for the program from the General Fund to the Highway Trust Fund, effective in fiscal year (FY) 1972. The program has been continued with each highway or transportation act since then.

33. Federal Share 100%

34. Period of Availability 4 years (year awarded plus 3 years)

35. PLHD Eligibility • Under the provisions of 23 U.S.C. 202(b)(1)(A), the funds shall be allocated “among those States having unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, on the basis of need in such States.” Since all of the States have some Federal lands, all are eligible to apply for PLHD funding. • PLHD funds are available for “any kind of transportation project eligible for assistance under 23, U. S. C., that is within, adjacent to, or provides access to” Federal lands or facilities. • PLHD funds are available for transportation planning, research, engineering, and construction of the highways, roads, and parkways, and of transit facilities within the Federal public lands. • PLHD funds are also available for operation and maintenance of transit facilities located on Federal public lands.

36. PLHD Eligibility (cont) • Eligible projects under the PLHD program may also include the following: • Transportation planning for tourism and recreational travel, including the National Forest Scenic Byways Program, Bureau of Land Management Back Country Byways Program, National Trail System Program, and other similar Federal programs that benefit recreational development. • Adjacent vehicular parking areas. • Interpretive signage. • Acquisition of necessary scenic easements and scenic or historic sites. • Provisions for pedestrians and bicycles. • Construction and reconstruction of roadside rest areas, including sanitary and water facilities. • Other appropriate public road facilities such as visitor centers as determined by the Secretary.

37. Selection Criteria The Secretary shall give preference to those projects which are significantly impacted by Federal land and resource management activities that are proposed by a State that contain at least 3 percent of the total public land in the United States (includes California).

38. Solicitations Solicitations usually occur once per year after the passage of the federal budget act

39. Agua Caliente Cultural Museum -Various Projects 2002, 2005, 2006 PLHD Funding $4,300,000

40. Needles Highway Roadway Realignment and Safety Improvements 2003, 2004, 2005, 2006, 2008, 2009, 2010 PLHD Funding $12.7 Million

41. Innovative Bridge Research and Deployment (IBRD) Program

42. Background The Innovative Bridge Research and Deployment (IBRD) program was established by section 5202 (b)(2) of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59 on August 10, 2005, to promote, demonstrate, evaluate, and document the application of innovative designs, materials, and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.

43. Federal Share In accordance with 23 U.S.C. 503(b) (5), the Secretary shall determine the Federal share of the costs for any project eligible under this program. The FHWA Administrator recommends Secretary’s approval of the Federal share for each project considering several factors, including the innovation parts of the project, the amount of funds requested for the project, and the available funding for the program.

44. Period of Availability 4 years (year awarded plus 3 years)

45. Eligibility • Funds are available for bridge projects that meet one or more of the eight program goals listed in section 5202 (b)(2) of SAFETEA-LU, Public Law 109-59: • The development of new, cost-effective, innovative highway bridge applications. • The development of construction techniques to increase safety and reduce construction time and traffic congestion. • The development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and structures. • The reduction of maintenance costs and life-cycle costs of bridges, including costs of new construction, replacement or rehabilitation of deficient bridges. • The development of highway bridges and structures that will withstand natural disasters. • The documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods. • The effective transfer of resulting information and technology. • The development of improved methods to detect bridge scour and economical bridge foundation designs that will withstand bridge scour. • The project may be on any public roadway, including State and locally funded projects. • Funds may be used for costs of preliminary engineering, repair, rehabilitation, or construction of bridges or other highway structures, and costs of project performance evaluation and performance monitoring of the structure following construction.

46. Selection Criteria • Projects that will meet one or more of the goals of the program as listed in the Eligibility Section and the benefits listed in the solicitation memorandum with a particular emphasis that the technologies, or processes developed will be put into standard practice by the State; • Projects that have been funded for design, construction or rehabilitation and are ready or will be ready for construction by fiscal year 2012. • Project(s)that leverages Federal funds with other public or private resources. • In addition, the FHWA may consider: • State priorities - For States that submit more than one project application, consideration is also given to the individual State's priorities if specified. • Availability of innovative material or innovative material product and projects that apply an innovative material or a product made of an innovative material, which is readily available for application in other projects and in other States. • Expeditious completion of project in a timely manner. For large-scale projects, consideration is given to the State's total funding plan to expedite the completion of the project. • Leveraging of private or other public funding - Because the annual requests for funding far exceed the available IBRD funds, commitment of other funding sources to complement the requested IBRD funding is also a consideration.

47. Solicitations Solicitations usually occur once per year after the passage of the federal budget act

48. Uvas Creek Bridge, Rte 152 2006 IBRD Funding $120,000

49. Slide Canyon Bridge, State Route 2 2009 IBRD Funding $200,000

50. Innovative Bridge Research and Construction (IBRC) Program