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Our New Transportation
       Legislation
Concerns & Opportunities…
Erik Hein
            President of Preservation Action
            Registered Lobbyist


            From Bucks County, PA
Who am I?   Live in Columbia Heights, District of Columbia
            Penn State University (B Hum.)
            George Washington University (MA AMSTD, HP)
            Trustee of the Committee of 100 on the Federal City, Board Member
            US/ICOMOS
            Former Positions and Board Service…
            Historic Harrisburg Association, the Friends of the Star Barn, City of
            Harrisburg, the People’s Bridge Coalition, the Broad Street Market
            Corporation, AIA Pennsylvania, DC Preservation League

            Membership/Marketing/Communications national non-profits
            and for-profit technology companies
Why the
  connection
   between
transportation
     and
preservation?


 A personal
 example…


                 Franklin Square, Philadelphia. 1895 Map, 1915 Photograph
                 Franklin & Vine, 2012 map & photograph same intersection.
H.R. 4348 (MAP-21)


           27 months, $105 billion


Overview   Former law, SAFETEA-LU expired September of 2009, and
           was extended 10 times prior to the President signing the
           new law on July 6th.
Transportation Enhancements (funding)
                   Competition for smaller amount of money

           Streamlining
                   Exemption from NEPA review for advance acquisition

Concerns           Categorical exclusion from EA’s or EIS’s in
                   emergencies
                   Categorical exclusion from EA’s or EIS’s in existing
                   “right-of-way”
                   Categorical exemption from EA’s or EIS’s less than
                   $5 million
                   Categorical exemption from EA’s or EIS’s 15% or
           less    federal funds (unless project over $30 million)
                   General calls to find other ways, processes to
                   expedite project delivery
SAFETEA-LU                 MAP-21
                 10% mandatory set-         Approx $808 million for
                   aside for 12 eligible       Transportation
Transportation     activities (several
                   preservation related).      Alternatives (redefined
Enhancements       In 2010 about $886          TE), preservation still
                   million apportioned.        eligible…BUT…
                   $927 million in 2011.
•   As redefined, acquisition of historic easements
                     or sites, transportation museums and
Transportation       scenic/historic byways are gone.
 Alternatives
                 •   Transportation Alternatives also compete with
                     Safe Routes to Schools and Recreational
                     Trails Program.
•   TRANSPORTATION ALTERNATIVES

                     ‘‘(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians,
                     bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle
                     infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other
                     safety-related infrastructure, and transportation projects to achieve compliance with the
                     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
                     ‘‘(B) Construction, planning, and design of infrastructure-related projects and systems that
                     will provide safe routes for non-drivers, including children, older adults, and individuals with
Transportation       disabilities to access daily needs.
                     ‘‘(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists,
 Alternatives        or other non-motorized transportation users.
                     ‘‘(D) Construction of turnouts, overlooks, and viewing areas.
                     ‘‘(E) Community improvement activities, including—
                               ‘‘(i) inventory, control, or removal of outdoor advertising;
                               ‘‘(ii) historic preservation and rehabilitation of historic transportation facilities;

                               ‘‘(iii) vegetation management practices in transportation rights-of-way to improve
                     roadway safety, prevent against invasive species, and provide erosion control;
                     and
                               ‘‘(iv) archaeological activities relating to impacts from implementation of a
                     transportation project eligible under this title.
                     ‘‘(F) Any environmental mitigation activity, including pollution prevention and pollution
                     abatement activities and mitigation to—
                               ‘‘(i) address stormwater management, control, and water pollution prevention or
                     abatement related to highway construction or due to highway runoff, including
                     activities described in sections 133(b)(11), 328(a), and 329; or
                               ‘‘(ii) reduce vehicle-caused wildlife mortality or to restore and maintain
                     connectivity among terrestrial or aquatic habitats.’’
Source: Transportation Enhancements Clearinghouse
• Minimum of 50% of funding goes to local
Transportation     entities for competitive grants
 Alternatives
                 • States have greater flexibility on how to use the
                   rest – can opt out and use for highways.
Source: Transportation Enhancements Clearinghouse
Pennsylvania Preservation TE Funding 1992 to 2011:

                    3) Scenic/historic acquisitions $4,468,000

                    4) Scenic/historic highway programs & welcome centers $9,146,092

Transportation      5) Landscaping and scenic beautification $126,016,403
Enhancements        6) Historic preservation $10,716,311

                    7) Preservation historic transportation facilities $57,774,608

                    8) Rail corridor preservation and trail development $68,102,531

                    10) Archaeological planning and research $791,795

                    12) Transportation museums $6,836,130

                            Manassas-Guth Covered Bridge; Manheim Railroad Station; Daniel Lady Farm, Gettysburg
Section 1302: Exemption from NEPA review for
                                advance acquisition

               • States can purchase “real property interests” (for an
               anticipated federally funded transportation project) in advance
               of full NEPA reviews.

Streamlining   • States must certify in writing the acquisition will not have an
               adverse environmental impact and will not limit alternatives.

               • Section 106 still applies

               • Secretary may establish conditions

               • Before federal reimbursement, NEPA must be completed


               Potential Problem: Certifying in writing does not guarantee
               that acquisition prior to review will not bias decisions or
               limit alternatives.
Section 1315: Categorical exclusion from EA’s or EIS’s
                                  in emergencies

               •   For reconstruction or repair of roads, highways and
                   bridges if in the same location, is of the same design,
                   capacity, and dimensions.

Streamlining   •   Materials are not mentioned.

               •   Section 106 still applies

               •   The Secretary is instructed to propose rules as to how
                   to accomplish this categorical exclusion.


               Potential Problem: Depends upon rule making. “Same
                  design,” is a loose term – particularly without material
                  consideration.
Section 1316: Categorical exclusion from EA’s or
                  EIS’s in existing “right-of-way”

               • Property purchased for construction or mitigation

               • Roadways, bridges, interchanges, culverts, drainage,
               clear zones, traffic control signage, landscaping, and
Streamlining   any rest areas with direct access to a controlled access
               highway

               • Section 106 still applies

               • Secretary is to promulgate regulations


               Potential Problem: Depends entirely upon contents of
               the regulations. Rights-of-way are held by DOT’s
               nationwide and include historic resources.
Section 1317: EA and EIS exemptions for small projects

               •     Categorical exemption from EA’s or EIS’s less than
                     $5 million
Streamlining   •     Categorical exemption from EA’s or EIS’s 15% or
                     less federal funds (unless project over $30 million)
               •     Section 106 Still Applies
               •     Secretary of Transportation required to promulgate
                     regulations


                     Potential Problem: Small projects can still have a
                         big impact. This depends upon how the
                                  regulations are written.
General calls to find other ways,
Streamlining   processes to expedite project delivery


                             ????
Victories:
          •   Preservation funding eligible
          •   More State/Local Opportunity
          •   National Historic Preservation Act (Section 106)
              not specifically targeted
          •   4(f) remains
Overall   Losses:
          •   Funding for Byways, Acquisitions
          •   Less Money Available
          •   States can choose other programs
          •   NEPA Exemptions
          •   NEPA/Section 106 Coordination – exempting one
              may impact the other
State/Local Access to Funding
                   Competitive grants


                Rulemaking
                   Rulemaking is a collaborative process. COMMENT!!!
OPPORTUNITIES
                2014 – The Next Transportation Bill
                To do well, we will need:
                   Good Data…
                   Job Creation
                   Demonstrated Return on Investment
                   Improved Project Delivery Times
                   Documented Community Support
Cooperative Focus on
                        Efficient Project Delivery

Principles…
                       Wise use of public funds


                        Mutual interest in saving
              places & pursuing good transportation policy

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Our New Transportation Legislation

  • 1. Our New Transportation Legislation Concerns & Opportunities…
  • 2. Erik Hein President of Preservation Action Registered Lobbyist From Bucks County, PA Who am I? Live in Columbia Heights, District of Columbia Penn State University (B Hum.) George Washington University (MA AMSTD, HP) Trustee of the Committee of 100 on the Federal City, Board Member US/ICOMOS Former Positions and Board Service… Historic Harrisburg Association, the Friends of the Star Barn, City of Harrisburg, the People’s Bridge Coalition, the Broad Street Market Corporation, AIA Pennsylvania, DC Preservation League Membership/Marketing/Communications national non-profits and for-profit technology companies
  • 3. Why the connection between transportation and preservation? A personal example… Franklin Square, Philadelphia. 1895 Map, 1915 Photograph Franklin & Vine, 2012 map & photograph same intersection.
  • 4. H.R. 4348 (MAP-21) 27 months, $105 billion Overview Former law, SAFETEA-LU expired September of 2009, and was extended 10 times prior to the President signing the new law on July 6th.
  • 5. Transportation Enhancements (funding) Competition for smaller amount of money Streamlining Exemption from NEPA review for advance acquisition Concerns Categorical exclusion from EA’s or EIS’s in emergencies Categorical exclusion from EA’s or EIS’s in existing “right-of-way” Categorical exemption from EA’s or EIS’s less than $5 million Categorical exemption from EA’s or EIS’s 15% or less federal funds (unless project over $30 million) General calls to find other ways, processes to expedite project delivery
  • 6. SAFETEA-LU MAP-21 10% mandatory set- Approx $808 million for aside for 12 eligible Transportation Transportation activities (several preservation related). Alternatives (redefined Enhancements In 2010 about $886 TE), preservation still million apportioned. eligible…BUT… $927 million in 2011.
  • 7. As redefined, acquisition of historic easements or sites, transportation museums and Transportation scenic/historic byways are gone. Alternatives • Transportation Alternatives also compete with Safe Routes to Schools and Recreational Trails Program.
  • 8. TRANSPORTATION ALTERNATIVES ‘‘(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ‘‘(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with Transportation disabilities to access daily needs. ‘‘(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, Alternatives or other non-motorized transportation users. ‘‘(D) Construction of turnouts, overlooks, and viewing areas. ‘‘(E) Community improvement activities, including— ‘‘(i) inventory, control, or removal of outdoor advertising; ‘‘(ii) historic preservation and rehabilitation of historic transportation facilities; ‘‘(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and ‘‘(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title. ‘‘(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to— ‘‘(i) address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or ‘‘(ii) reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.’’
  • 10. • Minimum of 50% of funding goes to local Transportation entities for competitive grants Alternatives • States have greater flexibility on how to use the rest – can opt out and use for highways.
  • 12. Pennsylvania Preservation TE Funding 1992 to 2011: 3) Scenic/historic acquisitions $4,468,000 4) Scenic/historic highway programs & welcome centers $9,146,092 Transportation 5) Landscaping and scenic beautification $126,016,403 Enhancements 6) Historic preservation $10,716,311 7) Preservation historic transportation facilities $57,774,608 8) Rail corridor preservation and trail development $68,102,531 10) Archaeological planning and research $791,795 12) Transportation museums $6,836,130 Manassas-Guth Covered Bridge; Manheim Railroad Station; Daniel Lady Farm, Gettysburg
  • 13. Section 1302: Exemption from NEPA review for advance acquisition • States can purchase “real property interests” (for an anticipated federally funded transportation project) in advance of full NEPA reviews. Streamlining • States must certify in writing the acquisition will not have an adverse environmental impact and will not limit alternatives. • Section 106 still applies • Secretary may establish conditions • Before federal reimbursement, NEPA must be completed Potential Problem: Certifying in writing does not guarantee that acquisition prior to review will not bias decisions or limit alternatives.
  • 14. Section 1315: Categorical exclusion from EA’s or EIS’s in emergencies • For reconstruction or repair of roads, highways and bridges if in the same location, is of the same design, capacity, and dimensions. Streamlining • Materials are not mentioned. • Section 106 still applies • The Secretary is instructed to propose rules as to how to accomplish this categorical exclusion. Potential Problem: Depends upon rule making. “Same design,” is a loose term – particularly without material consideration.
  • 15. Section 1316: Categorical exclusion from EA’s or EIS’s in existing “right-of-way” • Property purchased for construction or mitigation • Roadways, bridges, interchanges, culverts, drainage, clear zones, traffic control signage, landscaping, and Streamlining any rest areas with direct access to a controlled access highway • Section 106 still applies • Secretary is to promulgate regulations Potential Problem: Depends entirely upon contents of the regulations. Rights-of-way are held by DOT’s nationwide and include historic resources.
  • 16. Section 1317: EA and EIS exemptions for small projects • Categorical exemption from EA’s or EIS’s less than $5 million Streamlining • Categorical exemption from EA’s or EIS’s 15% or less federal funds (unless project over $30 million) • Section 106 Still Applies • Secretary of Transportation required to promulgate regulations Potential Problem: Small projects can still have a big impact. This depends upon how the regulations are written.
  • 17. General calls to find other ways, Streamlining processes to expedite project delivery ????
  • 18. Victories: • Preservation funding eligible • More State/Local Opportunity • National Historic Preservation Act (Section 106) not specifically targeted • 4(f) remains Overall Losses: • Funding for Byways, Acquisitions • Less Money Available • States can choose other programs • NEPA Exemptions • NEPA/Section 106 Coordination – exempting one may impact the other
  • 19. State/Local Access to Funding Competitive grants Rulemaking Rulemaking is a collaborative process. COMMENT!!! OPPORTUNITIES 2014 – The Next Transportation Bill To do well, we will need: Good Data… Job Creation Demonstrated Return on Investment Improved Project Delivery Times Documented Community Support
  • 20. Cooperative Focus on Efficient Project Delivery Principles… Wise use of public funds Mutual interest in saving places & pursuing good transportation policy