Grants
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Grants: The National Scenic Byways Program - A Legislative and Funding Overview
How is the National Scenic Byways Program authorized and funded?
The National Scenic Byways Program is currently authorized and funded through our nation’s current surface transportation bill, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (2005) commonly referred to SAFETEA-LU.
The National Scenic Byways Program was originally established with the passage of the Intermodal Surface Transportation Efficiency Act (1991), commonly referred to ISTEA. In addition to establishing an Interim National Scenic Byways Program, ISTEA authorized $80 million (over the life of the bill) in discretionary grant funds to eligible byways projects. The ensuing surface transportation bill, the Transportation Equity Act for the 21st Century (1998), commonly referred to as TEA-21, established the National Scenic Byways Program in Title 23 United States Code, Section 162. This is the current statutory structure of the Program. TEA-21 also authorized $148 million (over the life of the bill) for discretionary grant funds to byways and technical assistance for byways.
The current surface transportation bill, SAFETEA-LU, continued the Program and amended it to allow Indian tribes the authority to nominate byways and receive grants. SAFETEA-LU authorized $175 million in grants and technical assistance over the life of the bill.
What else must occur before these authorized funds are available
Congress must appropriate funds on an annual basis to all transportation programs which have been authorized, through the Departments of Transportation, and Housing and Urban Development, and Related Agencies Appropriations Act, or an Omnibus or Consolidated Appropriations Act. The amount appropriated does not always equal the amount authorized. In addition, the total amount of funding available to be obligated for the entire Federal-aid Highway Program (which includes the National Scenic Byways Program), is limited by Congress by what is called an obligation limitation. For example, in fiscal year 2009, only $40.7 million was made available to the National Scenic Byways Program through appropriations and reflective of the obligation limitation set by Congress; even though $43.5 million was authorized in SAFETEA-LU.
The current bill, SAFETEA-LU, expires on September 30, 2009. Congress has begun discussions on a new surface transportation bill. It is unknown to what degree the National Scenic Byways Program will be funded within a new transportation bill. This uncertainty is typical of all Federal-aid highway programs during the reauthorization process. As in the past, an extension to SAFETEA-LU may be passed to allow Congress more time to develop the new transportation bill.
Where can I find more information?
For more information on the statutory language of the National Scenic Byways Program, go to: http://www.bywaysonline.org/program/us_code.html
For more details on the appropriation process and obligation limitation, go to: http://www.fhwa.dot.gov/reports/financingfederalaid/index.htm
For more information on the proposed language for a new transportation bill (which could include the National Scenic Byways Program) visit the websites of the two Congressional committees responsible for drafting the transportation bills:
- The House Committee on Transportation and Infrastructure: http://transportation.house.gov/about.aspx
- The Senate Environment and Public Works Committee: http://epw.senate.gov/public/
