Transportation Enhancement Guidelines

Chapter 4 – Innovative Financing

Applicants for Transportation Enhancement program funds must provide at least 20% of the total project costs in matching funds. Applications that offer more than the 20% minimum are strongly encouraged as they help stretch the total program, making more federal funds available to more projects. With the signing of TEA-21, new provisions were included that expanded the range of project sponsors and opened opportunities for innovative financing. Now, agencies may utilize federal funds, other than USDOT, as part of the project match.

Innovations under TEA-21:

• 
  Allows other federal funds (not other USDOT funds) to be credited toward the non-federal share of the costs of a project.
  
• 
  Allows the value of other contributions (as determined by the USDOT Secretary or his designee) to be credited toward the non-federal share.
  
• 
  Makes it easier to utilize the advance payment option of Section 133(e)(3)(B) of Title 23. TEA-21 removed the requirement to have a certified public involvement process in order to be able to use the advance payment option provision. However, TEA-21 did not diminish the importance of public involvement in the federal-aid transportation improvement process.
  

It is important to recognize that these provisions apply only to Transportation Enhancement activities identified in the legislation and funded from funds set aside for Transportation Enhancements.

23 USC 323(c) provides for the allowance of credit for donations of funds, materials, land, or services. TEA-21 goes on to allow the consideration of the value of contributions. The value of "other contributions" may be credited toward the non-federal share of projects funded with Transportation Enhancement funds. These include:

• 
  The value of local and state government services, materials, and land applied to the project.
  
• 
  The costs of preliminary engineering prior to project approval.
  

Such a credit may be allowed provided that appropriate documentation in support of such expenditures is available for review as needed by the FHWA. Where the cost of these services is incurred prior to approval of the applicable Transportation Enhancement project, only the value of expenses determined to be reasonable, in coordination with the FHWA division office, is allowed for use toward the local match. In addition, if the costs incurred represent payment for consultant services, the credit is only allowed if these consultant services are secured in accordance with the requirements in 23 CFR 172.

Third party in-kind donations include services, property, materials, and equipment. The in-kind donations must not be used as a match for any other federally funded project. Additionally, third party in-kind donations can not encompass any contributions of an agency of a federal or state government. They may, however, be used to reduce the overall project cost.
The value of third party donations is determined as follows:

• 
  Services – Donated services must be valued at a rate equivalent to that rate ordinarily paid for work in the project applicant’s organization. If the project applicant does not have employees performing similar work, the rates are consistent with those ordinarily paid by other employers for similar work.
  
• 
  Materials – The donation is valued at the market value of the materials and/or supplies at the time of the donation.
  
• 
  Property – The current market value of property donated may be counted as a matching share. However, donations made by an agency of a federal, state, or local government can not be used as matching share. Also, the title of the land passes to the state in which the project is located. If any part of the donated property was purchased with federal funds, only the non-federal share of the property may be counted as the donation.
  

In accordance with the provisions of 23 USC 120(j), a state may use toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce as a credit toward the non-federal share. Credit amounts are approved by FHWA and maintained by the state DOT. Establishment and use of toll credits is governed by separate implementing guidance.

Section 133(e)(3)(b) of Title 23 provides for an advance payment option for Transportation Enhancement activities when necessary to make prompt payments for project costs. Since payments to states are governed by the Cash Management Improvement Act, this advance payment option is only available to local governments through the state DOT. The following procedures apply:

• 
  Advances are limited to Transportation Enhancement projects that are funded from the 10 percent set-aside of Surface Transportation Improvement Program (STIP) funds for Transportation Enhancement activities.
  
• 
  The advance is considered a working capital advance and limited to the estimated amount needed for one billing cycle. The local government then bills the state for costs incurred. The advance is netted out at the time of the final billing.
  
• 
  To reduce administrative burden, projects with a federal share under $25,000 which are completed in less than one year may receive an advance for the full amount of the federal share.
  
• 
  Agreements that provide for the use of this option are developed through the cooperative efforts of the state and the FHWA division office.
  

APPENDIX A
DEFINITIONS OF 12 ELIGIBLE TRANSPORTATION ENHANCEMENT ACTIVITIES
Besides this eligibility requirement, all applicable federal requirements apply including, but not limited to: historical and archaeological resources protection legislation, disadvantaged business enterprise (DBE) mandates, Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Davis-Bacon wage rate requirements, wetlands protection legislation, the American with Disabilities Act (ADA) of 1990, and the National Environmental Policy Act (NEPA). ADA, for example, requires that the needs of elderly and disabled persons be integrated into projects involving public access. Thus, pedestrian facility projects and certain historic preservation projects must address these requirements. As another example, conversion of an abandoned railroad to a multi-use trail or restoration of a historic bus terminal requires evaluation of historic significance and impacts under the existing historic preservation laws.
Transportation Enhancement funds should not be used for the operation and/or long-term maintenance of eligible Transportation Enhancement activities. CDOT does not encourage applicants to submit projects that will require additional future funds to complete the project. Projects must be “stand alone” projects and include a written commitment for long-term maintenance of any facility or landscaping as a result of a project. The written commitment must be from the entity that is responsible for long-term maintenance of the facility or landscaping and include the amount and source of funds to accomplish the maintenance. The information provided in Appendix B reiterates these issues and provides additional information in assisting you with the application process.

1. 
   Pedestrian and Bicycle Facilities.
   

This activity includes single or multiple use facilities that serve as an independent or a supporting link in a local or regional transportation network. Eligible projects include constructing facilities for bicyclists and/or pedestrians, improvements to existing transportation facilities that better accommodate bicyclists and pedestrians, or improvements for bicycle and pedestrian access that are independent of new construction or rehabilitation projects. Examples of these projects are: adding road shoulders, widening curb lanes, striping bike lanes, improving access to public transportation, and installing sidewalks and crosswalks. Examples of projects that are not eligible are: mountain bike trails; equestrian and primitive trail developments; and other recreational trails or trails that are not open to the public

2. 
   Pedestrian and Bicycle Safety and Education Activities.
   

This new activity under TEA-21 includes programs designed to encourage safe walking and bicycling practices. The activity includes non-construction safety-related projects and reasonable costs to provide safety and educational curricula such as bike/pedestrian safety training, cost of facilitators and classes. Other segments of the project could include related brochures, videotapes, and other training aids, as well as rent for leased space and limited staff salaries. Transportation Enhancement proposals should be written to reflect a definitive period for participation. If salaries are an issue, they should be negotiated as part of the local buy-in to the project. The funded activities must be accessible to the general public or targeted to a broad segment of the general public. The activities must show a relationship to the surface transportation system. Bike and pedestrian projects using Transportation Enhancement funds need not be located on federal aid highway routes, and may be non-construction activities.

3. 
   Acquisition of Scenic Easements and/or Scenic Historic Sites.
   

This activity describes acquisition of scenic easements including plot plans, surveys, property appraisals, review, relocations, and demolition, if necessary, for the purchase, donation, transfer, or trade of fee simple titled lands. Acquisition of properties listed in the State or National Registers of Historic Places or properties designated by a local government or a landmark commission as a landmark or historic district are eligible under this activity. Easements must be in proximity to a designated scenic byway or be a qualifying historic site. The applicant must certify that they will maintain the significant scenic or historic values of the acquired properties.

4. 
   Scenic and Historic Highway Program (including tourist and welcome center facilities).
   

ISTEA lists scenic and historic byways programs as eligible funding activities. TEA-21 introduced the parenthetical “including the provision of tourist and welcome centers” and attached it to the scenic and historic byways programs activity. In order to be eligible for enhancement funds, the tourist or welcome center (whether a new facility or existing facility) must be within close proximity to a designated scenic or historic byway, but there must be a clear link to scenic or historic sites. Additionally, the intent is not to use this activity to simply repair and restore what are clearly rest areas.

This activity also includes activities for the protection and enhancement of designated Colorado Scenic and Historic Byways, for roadways listed in the State or National Register of Historic Places, and for roadways designated as landmarks or historic districts by local governments or landmark commissions. Funds may be used for projects that will protect and enhance the scenic, historic, cultural, natural, or archaeological integrity and visitor appreciation of these roadways. Before submission of an application for funding, the Colorado Scenic and Historic Byways Commission reviews projects designed to protect and enhance the integrity of existing designated byways. The State Historic Preservation Officer or the local landmark commission must then review projects designed to protect and enhance the integrity of National or State Registers or locally designated roadways.

5. 
   Landscaping and Scenic Beautification.
   

This activity consists of landscape planning, design, and construction projects that notably enhance the aesthetic or ecological resources along transportation corridors. This activity includes improvements such as street furniture, lighting, public art and landscaping along streets, historic highways, trails and interstates, waterfronts and gateways. Applicants are encouraged to include water conservation features, such as xeriscape planning, native plant species, and water harvesting. Identifying and planting for restoration or reintroduction of native plant communities and appropriate adaptive species, are projects that amplify the ecological balance along a transportation corridor.

6. 
   Historic Preservation.
   

This activity includes the identification, evaluation, recordation, documentation, protection, management, and interpretation, of historic districts, sites, buildings, structures, landscapes, objects, and any related artifacts and records. It incorporates the rehabilitation, restoration or stabilization of properties included in the State or National Registers of Historic Places, or designated as a landmark or historic district by a local government or a landmark commission. The State Historic Preservation Officer or the local landmark commission must review an application for preservation projects before funding. Expenditures must amplify the design by improving the ability of the public to appreciate the historic importance or the area served by the project. These expenditures may consist of rehabilitation of historic places and activities that encourage or facilitate tourism that improves neighborhood appearance or quality, or that provide educational opportunities or services.

7. 
   Rehabilitation and Operation of Historic Transportation Buildings, Structures, or Facilities.
   

This section covers the rehabilitation and operation of historic transportation buildings, structures, or facilities. They are listed in the State or National Registers of Historic Places, or are designated as a landmark or historic district by local governments or landmark commissions. The State Historic Preservation Officer or the local landmark commission reviews these projects before submission of an application. Rehabilitation is the process of returning the property to a state of utility that makes possible a contemporary use while preserving the significant historic features of the property. Operation is the provision of access and service related to contemporary transportation and non-transportation use that is consistent with the historic character of the property and open to the public on a not-for-profit basis. Historic Transportation Buildings are buildings or related structures associated with the operation, passenger, freight, construction, or maintenance of any mode of surface transportation. Historic Structures and Facilities include tunnels, bridges, trestles, embankments, rails or other guide ways, non-operational rolling stock, canal viaducts, or other manmade transportation features integrally related to the operation, passenger or freight use, construction, or maintenance of any mode of surface transportation.

8. Conversion of Abandoned Railway Corridors to Trails.
This activity provides funds for the conversion of abandoned railway corridors to trails. Rail corridors are transportation corridors of varying width in which fixed rail tracks exist or have existed in the past. Abandoned railway corridors are rail corridors that the Interstate Commerce Commission has authorized for abandonment or for which abandonment proceedings are pending before the Commission. The preservation of abandoned railway corridors consists of the planning, acquisition, rehabilitation, and development of corridors for public recreational uses, including bicycle and pedestrian use. This category includes the development and rehabilitation of privately owned rail corridors open to the public without charge.

9. 
   Control and Removal of Outdoor Advertising.
   

This activity involves the control and removal of existing outdoor advertising signs, displays, and devices, which is beyond the requirement to exercise “effective control” of outdoor advertising under 23 USC 131. Expenditures must be made according to a legal process that bases payment on an equitable appraisal to remove existing signs, displays, and devices. Transportation Enhancement funding will give priority to the removal of legally erected but nonconforming outdoor advertising signs, displays, and devices along designated scenic byways.

9. 
   Archaeological Planning and Research.
   

Archaeological planning and research encompasses innovative projects in archaeological site preservation, interpretation, and excavation; a system to improve identification, evaluation, and treatment of archaeological sites; a synthesis of data derived from, though not limited to, transportation related projects; and popular reports and publications. Expenditures under this category may be utilized for research and interpretation of sites associated with roads and other transportation facilities, planning displays, and public education materials related to highways and public transportation. The Colorado Historical Society must review projects before submission of an application for funding.

9. 
   Environmental Mitigation of Water Pollution Due to Highway Runoff and Provision of Wildlife Connectivity.
   

ISTEA lists environmental mitigation for water pollution as an eligible activity. TEA-21 further expanded this activity under Transportation Enhancements to add measures to reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. These activities can be either stand-alone projects or part of a larger existing or proposed project under the Transportation Enhancement activities as long as such activity is related to surface transportation.

As part of the NEPA process, all federal aid transportation projects are required to provide mitigation of environmental impacts. Federal law mandates that environmental impacts of a project must be avoided, if possible. If impacts are unavoidable, mitigation is required. The Transportation Enhancement program was created to expand on this concept. However, Transportation Enhancement projects are not to replace mitigation currently eligible or required under regular federal aid funded projects.
This activity also addresses activities for the reduction of vehicle-caused wildlife mortality while maintaining habitat connectivity. This funding category is not limited to threatened and endangered species, but includes any wildlife mortality directly caused by vehicles. The criteria used to determine a need for a wildlife crossing or control project in a specific location are determined by migration patterns, habitat use and distribution, and crossing characteristics of the wildlife through data collection regarding safety of motorists, habitat fragmentation, and wildlife mortality.

12. 
    Establishment of Transportation Museums.
    

This is a new activity under TEA-21. Transportation museums established using Transportation Enhancement funds must: 1) related to surface transportation (aviation-related museums are not eligible) 2) be a legally organized, or part of a nonprofit institution or government entity; 3) be essentially educational in nature; 4) have a formally stated mission; 5) have one full-time paid professional staff member who has museum knowledge and experience who has delegated authority and allocated financial resources sufficient to operate the museum effectively; 6) present regularly scheduled programs and exhibits that use and interpret objects for the public according to accepted standards; 7) have a formal and appropriate program of documentation of the care, and use of collections and/or tangible objects; and, 8) have a formal and appropriate program of presentations and maintenance of exhibits.

The funds are not intended to reconstruct, refurbish, or rehabilitate existing museums, nor portions of museums, that are not for transportation purposes. Operations or maintenance of the facility are not eligible uses of Transportation Enhancement funds. Establishment of transportation museums is interpreted to include the costs of the structure and purchase of artifacts necessary for the creation of the facility. The museum must be related to surface transportation, open to the public, and run by a public or nonprofit organization meeting the definition of museums stated above. If entrance fees are charged for the museum, a portion of the fee must be used for the long-term maintenance and operation of the facility. Object or structures related to aviation are not eligible for Transportation Enhancement funds.
APPENDIX B
DESCRIPTIONS OF PROJECT CATEGORIES

CATEGORY 1: Pedestrian and Bicycle Facilities Category

Three types of projects are eligible for funding under this category. They are:

• 
  Bicycle/Pedestrian Facilities.
  

• 
  Preservation of Abandoned Railroad Corridors.
  
• 
  Safety and Educational activities for pedestrians and bicyclists.
  

1. 
   Examples of Acceptable Projects.
   

• 
  Separate bicycle paths/trails and lane striping.
  

• 
  Bicycle/pedestrian grade separations and crosswalks.
  

• 
  Bicycle parking facilities.
  
• 
  Educational programs for young riders.
  

• 
  Widening existing roadways to provide exclusive bicycle/pedestrian pathways/trailways.
  

• 
  Purchase of abandoned railroad grades for reuse as trail facilities.
  

• 
  Grading, resurfacing, or other improvements for rail-to-trail conversions.
  

• 
  Inventory and mapping activities for projects in this category.
  

2. 
   Projects Must Meet These Additional Planning Design and Construction Requirements.
   

1. 
   For bicycle/pedestrian and rail-to-trail conversion projects, the design must meet the 1999 AASHTO Guide for the Development of Bicycle Facilities.
   
2. 
   A written commitment from a governmental agency for long term maintenance and operation of bicycle/pedestrian and rail-to-trail conversion projects is required.
   

3. 
   The following information must be provided for rail-to-trail conversion projects, if the rail corridor is not currently in public ownership.
   

• 
  A written evaluation of the condition of property title.
  

• 
  The market value of property established by independent appraisal.
  

• 
  The environmental inventory for possible corridor contamination.
  

3. 
   Eligibility Criteria.
   

1. 
   Purpose of the project.
   

Why is this project needed? Who will benefit from its completion? Why are enhancement funds needed to fund the project?

2. 
   Quality of the project.
   

Which of the 12 eligible activities does this project fall into? Explain how this project is identified in any previous studies or plans and how it is related to any previous projects. What are the qualifications of the staff who will be assigned to the development, design, and construction of this project, and those who will manage and operate the resulting transportation facility?

3. 
   Cost of the project.
   

State the total project cost and the amounts of the requested federal funds and the local agency match. What are the qualifications of the person who developed the cost estimate? If funds for preliminary engineering are to be included in the project, has this been included in the cost estimate? Will the local match be available for budgeting during the fiscal year for which funds are requested? Will the completed project “stand on its own” or will additional project funds be required in the future? What are the cost estimates of any potential environmental mitigation?

4. 
   Environmental sensitivity.
   

How will the completed project or facility enhance the natural environment? Please state all potential environmental impacts that may result from the construction and use of the facility. Describe how these potential impacts will be mitigated. What is the name of the person who provided the information regarding environmental sensitivity, and what are their qualifications?

5. 
   Implementation and maintenance.
   

What is the schedule for project design and construction? Is the required professional staff available to complete the project or will consultants be used? Who will 1) own, and 2) maintain the constructed facility? Please state whether the entity responsible for long-term maintenance of the facility will have the available funding to accomplish this, as well as the source of such funds.

6. 
   Local support.
   

Do adjacent property owners support the project? Please describe any known controversy.

4. 
   Examples of Work Normally Not Funded Under This Category.
   

The Enhancement Program does not normally fund the following activities:

• 
  Maintenance of existing sidewalks, paths, trails, or paved shoulders.
  

• 
  Construction of paved shoulders, curb lanes, sidewalks, and curb cuts when it is a required element of roadway construction or a reconstruction project.
  

CATEGORY 2: Historic Preservation Category
Four types of projects are eligible for funding under the historic preservation category. They are:

• 
  Historic preservation.
  

• 
  Rehabilitation and operation of historic transportation buildings, structures, or facilities.
  

• 
  Archaeological planning and research.
  
• 
  Establishment of surface transportation museums.
  

1. 
   Examples of Acceptable Projects.
   

• 
  Acquisition of historic sites.
  

• 
  Protection and enhancement of historic highways.
  

• 
  Identification, evaluation, and protection of historic structure.
  
• 
  Development of a historical railroad museum.
  

• 
  Rehabilitation, restoration and preservation of bridges, trestles, and buildings.
  

• 
  Planning to improve identification and evaluation of archaeological sites.
  

2. 
   All Projects Must Meet These Additional Planning, Design, and Construction Requirements.
   

1. 
   In order to receive funding, the historic resources involved must be listed in the State or National Register of Historic Places, or designated as a local landmark by a certified local government or local landmark commission. An application may be submitted for historic resources in the process of being listed in the State or National Register as long as the designation is final prior to the start of the project. The application must contain a letter certifying the historic status from the State Historic Preservation Officer (SHPO) or the local landmark commission. The application must include a copy of the National Register or State Register nomination form, SHPO Cultural Resource Inventory Form and include a full description of the historic resource, its significance, and its surroundings.
   

2. 
   Archaeological resources for which large-scale controlled excavations are proposed that would effectively destroy context and provenience must be determined National Register-eligible by the State Historic Preservation Officer prior to the start of the project, but need not be listed on the Register in order to qualify for funding. Archaeological sites proposed for planning or research projects other than extensive excavation may also be excluded from formal Register listing at the discretion of the CDOT Staff Archaeologist.
   

3. 
   Historic buildings must have current usefulness or a realistic planned usage.
   

3. 
   Rehabilitation, restoration, and preservation projects must adhere to the Secretary of Interior’s Standards and Guidelines for Rehabilitation. Copies of the Standards are available from the State Historic Preservation Officer.
   

3. 
   Recordation and documentation projects must follow the Secretary of Interior’s Standards for Historical Documentation. Copies of the Standards are available from the State Historic Preservation Officer.
   

3. 
   For acquisition of historic sites the project must be accessible from a transportation facility, be accessible to the public, and the owner of the historic property must be willing to accept a preservation covenant attached to the deed of the property.
   

3. 
   Archaeological planning and research projects must meet the following conditions:
   

• 
  Phase I and Phase II surveys must meet the Secretary of Interior’s Standards for Survey and Evaluation. Technical reports and documentation of research conducted must meet recognized professional standards.
  
• 
  Data Recovery projects must have a research plan approved by the State Archaeologist.
  
• 
  Archaeological sites must be associated with roads or other transportation facilities.
  

3. 
   Eligibility Criteria.
   

1. 
   Purpose of the project.
   

Why is the project needed? Who will benefit from its completion? How significant are the historical/archaeological resources involved? What is the relationship of this project to local, regional, or state preservation plans? How permanent will the completed project be? What is the current threat to the resource? Why are enhancement funds needed to fund the project?

2. 
   Quality of the project.
   

Which of the 12 eligible activities does this project fall into? Explain how this project is identified in any previous studies or plans and how it is related to any previous projects. What are the qualifications of the staff who will be assigned to the development, design, and construction of this project, and those who will manage and operate the resulting historic facility? Does the proposed project follow historic preservation standards? What is the planned use of the historic facility, research project, or educational report?

3. 
   Cost of the project.
   

State the total project cost and the amounts of the requested federal funds and the local agency match. What are the qualifications of the person who developed the cost estimate? If funds for preliminary engineering are to be included in the project, has this been included in the cost estimate? Will the local match be available for budgeting during the fiscal year for which funds are requested? Will the completed project “stand on its own” or will additional project funds be required in the future? What are the cost estimates of any potential environmental mitigation?

4. 
   Environmental sensitivity.
   

How will the completed project or facility enhance the natural environment? Please state all potential environmental impacts that may result from the construction and use of the facility. Describe how these potential impacts will be mitigated. What is the name of the person who provided the information regarding environmental sensitivity, and what are their qualifications? Has the project been reviewed and endorsed by the State Historic Preservation Officer or the local landmark commission?

5. 
   Implementation and maintenance.
   

What is the schedule for project design and construction? Is the required professional staff available to complete the project or will consultants be used? Who will 1) own, and 2) maintain the constructed facility? Please state whether the entity responsible for long-term maintenance of the facility will have the available funding to accomplish this, as well as the source of such funds. Are preservation covenants provided for on all preservation and rehabilitation projects? Will the planned future use support good preservation practices?

6. 
   Local support.
   

Do adjacent property owners support the project? Please describe any known controversy. Is the owner of the historic resource willing to participate in the project?

4. 
   Examples of Work Normally Not Funded Under This Category.
   

The Transportation Enhancement Program does not normally fund the following activities:

• 
  Rehabilitation, restoration, or stabilization work on privately owned resources.
  

• 
  Highly technical research or site evaluation reports.
  

CATEGORY 3: Transportation Aesthetics Category
Four types of projects are eligible.

• 
  Acquisition of Scenic Easements.
  

• 
  Scenic Byways Programs.
  

• 
  Landscaping and Beautification Projects.
  

• 
  Control and Removal of Outdoor Advertising.
  

1. 
   Examples of Acceptable Projects.
   

• 
  Acquisition of scenic properties.
  

• 
  Construction of pullouts, access stairways, or viewing platforms along designated scenic byways.
  

• 
  Streetscape projects that include installation of tree grates.
  

• 
  Planting all types of landscape materials that include wild flowers.
  

• 
  Removal of nonconforming outdoor advertising.
  

2. 
   Projects Must Meet These Additional Planning, Design, and Construction Requirements.
   

1. 
   For acquisition of scenic easements, the project must:
   

1. 
   
   

• 
  Be on or within the view of a designated Scenic Byway or National Register property.
  

• 
  Be accessible from a transportation facility.
  

• 
  Provide for perpetual ownership.
  

2. 
   For scenic byways programs the project must:
   

• 
  Start formally on roadways designated Colorado Scenic Byways, and
  

• 
  Be reviewed and endorsed by the Colorado Scenic and Historic Byways Commission.
  

3. 
   For landscaping and other beautification projects the project must:
   

• 
  Be within existing public rights-of-way,
  
• 
  Be a professional design,
  
• 
  Follow the principles of roadside landscaping and safety by CDOT standard specifications, and
  
• 
  Provide two years for plant establishment.
  

4. 
   For control and removal of outdoor advertising, projects must:
   

• 
  Be within the view of state highways or designated Scenic Byways or National Register roadways,
  
• 
  Address legally built but nonconforming outdoor advertising signs, and
  
• 
  Establish payment for removal on an equitable appraisal.
  

3. 
   Eligibility Criteria.
   

1. 
   Purpose of the project.
   

Why is the project needed? Who will benefit from its completion? Why are enhancement funds needed to fund the project?

2. 
   Quality of the project.
   

Which of the 12 eligible activities does this project fall into? Explain how this project is identified in any previous studies or plans and how it is related to any previous projects. What are the qualifications of the staff who will be assigned to the development, design, and construction (if applicable) of this project, and those who will manage and operate the resulting facility or landscaping?

3. 
   Cost of the project.
   

State the total project cost and the amounts of the requested federal funds and the local agency match. What are the qualifications of the person who developed the cost estimate? If funds for preliminary engineering are to be included in the project, has this been included in the cost estimate? Will the local match be available for budgeting during the fiscal year for which funds are requested? Will the completed project “stand on its own” or will additional project funds be required in the future? What are the cost estimates of any potential environmental mitigation?

4. 
   Environmental Sensitivity.
   

How will the completed project or facility enhance the natural environment? Please state all potential environmental impacts that may result from the landscaping or construction. Describe how these potential impacts will be mitigated. What is the name of the person who provided the information regarding environmental sensitivity, and what are their qualifications?

5. 
   Implementation and Maintenance.
   

What is the schedule for project design and, if applicable, construction? Is the required professional staff available to complete the project or will consultants be used? Who will 1) own, and 2) maintain the landscaping or constructed facility? Please state whether the entity responsible for long-term maintenance of the landscaping or facility will have the available funding to accomplish this, as well as the source of such funds.

6. 
   Local Support.
   

Do adjacent property owners support the project? Please describe any known controversy

4. 
   Examples of Work Normally Not Funded Under This Category.
   

The Transportation Enhancement Program does not normally fund the following activities:

• 
  Addition of irrigation systems to existing landscaping.
  

• 
  Lighting which is not part of a historic preservation or streetscape project.
  

• 
  Burying of utility lines.
  

• 
  Any items of work that would normally be classified as maintenance activities.
  

• 
  Construction of welcome or city identification signs.
  

CATEGORY 4: Environmental Mitigation
The types of projects eligible for funding in this category are projects that mitigate pollution from storm water runoff from transportation facilities, or projects that reduce vehicle-caused wildlife mortality.

1. 
   Examples of Acceptable Projects.
   

• 
  Retrofitting an existing highway by creating a wetland to filter highway runoff to mitigate the impacts from the road in terms of water pollution.
  

• 
  Improving streams and drainage channels through landscaping to promote filtering and improve the overall water quality conditions of receiving channels.
  

• 
  Providing payment in-kind for existing highway water quality impacts that warrant mitigation to regional or watershed-based planned improvement projects.
  

• 
  Projects designated as wildlife underpasses or overpasses.
  

• 
  Mitigation measures at areas identified as crossings for wildlife, including necessary fencing and other markings and mitigation techniques to manage the movement of wildlife across transportation corridors.
  
• 
  Bridge extensions to provide or improve wildlife passage and wildlife habitat connectivity.
  
• 
  Monitoring and data collection on habitat fragmentation and vehicle-related wildlife mortality.
  

2. 
   To Be Considered for Funding, All Projects Must Satisfy the Following.
   

1. 
   Statute, policy, or permit condition cannot require the proposed activity. This includes, but is not limited to, requirements under the Clean Water Act, Soil Erosion and Sedimentation Control Act, Colorado Water Quality Control Act, Executive Orders 11990 and 11988, and Colorado’s Wildlife and Fisheries Protection Act.
   

2. 
   The proposed project must directly or indirectly relate to runoff from a roadway included on the state highway system, or to the reduction of vehicle-caused wildlife mortality while maintaining habitat connectivity.
   

3. 
   The applicant must demonstrate the capability to complete the proposed project, including qualifications of the applicant to plan, implement, and evaluate the success of all project objectives.
   

3. 
   Eligibility Criteria.
   

1. 
   Purpose of the project.
   

Why is this project needed? Who will benefit from its completion? Why are enhancement funds needed to fund the project? Attach documentation that directly relates to an existing water quality problem to highway runoff and include water quality data such as:

• 
  Sediment loads in cubic yards or tons per year.
  

• 
  Heavy metals – ratios of concentration to base level.
  

• 
  Inorganic salts – parts per million.
  

• 
  Oils and greases – parts per million.
  

• 
  Soft evidence such as pictures identifying sources of a problem, documented impacts including algae growth, fish kills, etc.
  

Attach documentation that directly relates to the reduction of vehicle-caused wildlife mortality while maintaining habitat connectivity and include quality data such as:

• 
  Migration patterns.
  
• 
  Habitat use and distribution.
  
• 
  Crossing characteristics of the wildlife through data collection on safety of motorists, habitat fragmentation, and wildlife mortality.
  

2. 
   Quality of the project.
   

Which of the 12 eligible activities does this project fall into? Explain how this project is identified in any previous studies or plans and how it is related to any previous projects. What are the qualifications of the staff who will be assigned to the development, design, and construction (if applicable) of this project, and those who will manage and operate the resulting facility or landscaping? Explain the effectiveness of 1) the proposed mitigation, and 2) the monitoring and evaluation plan. Describe the severity of the pollution or mortality problem.

3. 
   Cost of the project.
   

State the total project cost and the amounts of the requested federal funds and the local agency match. What are the qualifications of the person who developed the cost estimate? If funds for preliminary engineering are to be included in the project, has this been included in the cost estimate? Will the local match be available for budgeting during the fiscal year for which funds are requested? Will the completed project “stand on its own” or will additional project funds be required in the future? What are the cost estimates of any potential environmental mitigation?

4. 
   Environmental sensitivity.
   

How will the facility or landscaping enhance the natural environment? Please state all potential environmental impacts that may result from the landscaping or construction. Describe how these potential impacts will be mitigated. Explain whether the project will: 1) contribute to replenishing the groundwater supply, 2) have wetlands that exist to maintain or enhance the habitat, 3) have mitigation devices that are aesthetically designed and placed to fit within their environment, and 4) improve existing habitat resources or provide for developing new habitat resources. What is the name of the person who provided the information regarding environmental sensitivity, and what are their qualifications? Describe the geological impacts of the wildlife crossing as it affects motorist safety.

5. 
   Implementation and maintenance.
   

What is the schedule for project design and, if applicable, construction? Is the required professional staff available to complete the project or will consultants be used? Who will 1) own, and 2) maintain the landscaping or constructed facility or landscaping? Please state whether the entity responsible for long-term maintenance of the landscaping or facility will have the available funding to accomplish this, as well as the source of such funds.

7. 
   Local Support.
   

Do adjacent property owners support the project? Please describe any known controversy.

4. 
   Examples of Work Normally Not Funded Under This Category.
   

The Transportation Enhancement Program does not normally fund the following activities:

• 
  Roadway paving unless replacing an existing section of pavement that was removed during the installation of mitigation measures. Only that portion of the roadway disturbed during project construction is eligible for funding.
  

• 
  Culvert replacements resulting from hydraulic inadequacy or any other reason not related to highway runoff.
  

APPENDIX C

PROJECT EVALUATION CRITERIA

AND

SELECTION CYCLE BY CDOT REGION

Variances still occur within each CDOT Region due to specific requirements of the governmental and/or local agencies within each Region. We highly recommend that all applicants contact the appropriate CDOT Transportation Enhancement Program Manager prior to developing your application. See Appendix E for how to contact the Transportation Enhancement Program Managers.

APPENDIX D

APPLICATION FORM

General Instructions
Application must be made on the Transportation Enhancement Fund Application. Please be sure to fill out the form completely. Incomplete applications will be returned to the applicant and not considered in the selection process. Five copies of all documents must be submitted with the application. Please indicate if you would like any materials returned at the conclusion of the selection process.
Your MPO may also require you to use their application form in addition to CDOT’s application.

Section 1 - Applicant Information:

1. 
   Indicate whether your agency is part of a municipality, county, state agency, federal agency, or tribal government.
   
2. 
   The name of your agency.
   
3. 
   List any other agencies or individuals who are sponsoring the project.
   
4. 
   Indicate the contact person from your agency who is responsible for overseeing this project. Also indicate their title and telephone number.
   
5. 
   Your agency’s mailing address, including city, state and zip code.
   

Section 2 – Project Description:

6. 
   The name of the project.
   
7. 
   The general location of the project, or physical address, if applicable.
   
8. 
   If a physical address is not applicable, indicate information regarding the project location to identify the specific location.
   
9. 
   Name of the county in which the project is located.
   
10. 
    Name of the municipality in which the project is located.
    
11. 
    If the project has a beginning point and an ending point, indicate the total length.
    
12. 
    Briefly describe the project.
    

Section 3 – Eligibility:

13. 
    The project must fall into at least one of the four eligible project categories. A complete description of the project categories is listed in Appendix B, and a complete description of the 12 eligible activities is listed in Appendix A.
    

Section 4 – Funding:

14. 
    Indicate the total cost of the project.
    
15. 
    Indicate the amount of funds of the total project cost that is requested from Transportation Enhancement funds.
    
16. 
    List the amount of Transportation Enhancement funds previously obtained for this project.
    
17. 
    Indicate the total amount of the project costs that will be funded by a local match.
    
18. 
    What is the name of the agency or entity that will provide the funds for the local match?
    
19. 
    When will these funds be available?
    
20. 
    Indicate the total amount of funds secured from other sources.
    
21. 
    What is the name of the agency or entity that will provide these funds?
    
22. 
    When will these funds be available?
    

Section 5 – Required Information:

23. 
    Attach all items in this section and label the attachments accordingly. If a particular attachment is not applicable to the project, we recommend attaching an appropriately labeled page and writing “Not Applicable” on the page. This will provide consistency in the application process and insure there are no missing pages in the application package.
    

Section 6 – Signature:

24. 
    Indicate the name and title of the authorized representative of your agency who is responsible or authorized to implement the activities of the project.
    
25. 
    The authorized representative must sign and date the application.
    

TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION

Colorado Department of Transportation