STATUS: ACTIVE PROGRAM CODES:
• M210 – Federal Lands Access Program (MAP-21 P.L. 112-141)
• G200 – Delphi - Federal Lands Access Program (projects administered by Federal Lands Highways
FEDERAL SHARE: The Federal share payable for the Federal Lands Access Program (Access Program) shall be in accordance with 23 U.S.C. 120. The sliding scale provision of 23 U.S.C. 120(b) may apply for States with higher percentages of Federal lands.
Funds authorized for the Tribal Transportation Program (23 U.S.C. 202) and the Federal Lands
Transportation Program (23 U.S.C. 203) may be used to pay the non-Federal share of any project funded under title 23 or chapter 53 of title 49 that provides access to or within Federal land or tribal land.
However, Access Program funds may NOT be used as such a match.
Other Federal funds not authorized under titles 23 or 49, may also be used to pay the non-Federal share of any transportation project funded under title 23 or chapter 53 of title 49 that is within, adjacent to, or provides access to Federal land.
PERIOD AVAILABLE: The funds made available under this program will be available for the current year plus three additional years
FUND: Highway Account of the Highway Trust Fund
FUND DISTRIBUTION METHOD: Funds are distributed by formula among States that have Federal lands managed by the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Army Corps of Engineers.
80% of funds go to States that contain at least 1.5% of the national total of public lands, and the remaining 20% going to States with less than 1.5% of the national total.
Funds are distributed by formula based on the following factors *:
• 30% based on the State's share of total recreational visitation in all States. • 5% based on the State's share of total Federal land area in all States.
• 55% based on the State's share of total Federal public road miles in all States.
• 10% based on the State's share of total number of Federal public bridges in all States. * Necessary data is to be provided by the Federal Land Management Agencies (FLMAs).
Prior to distribution of Access Program and Federal Lands Transportation Program (FLTP) funds, the Secretary may set aside up to 5% of funds each fiscal year under both programs to conduct
transportation planning, asset management, road and bridge inventory, and condition data collection.
TYPE OF AUTHORITY: Contract
SUBJECT TO OBLIGATION LIMITATION: Yes
STATUTORY REFERENCE: MAP-21 §1119; 23 USC 201, 204 CFR REFERENCE:
ELIGIBILITY: Funds made available under the Access Program shall be used to pay the cost of: A. transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration,
construction, and reconstruction of Federal Lands Access Transportation Facilities located on or adjacent to, or that provide access to, Federal land, and-
o adjacent vehicular parking areas;
o acquisition of necessary scenic easements and scenic or historic sites; o provisions for pedestrians and bicycles;
o environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
o construction and reconstruction of roadside rest areas, including sanitary and water facilities; and o other appropriate public road facilities, as determined by the Secretary;
B. operation and maintenance of transit facilities; and
C. any transportation project eligible for assistance under title 23 that is within or adjacent to, or that provides access to, Federal land.
In regard to (B) above, "operation and maintenance of transit facilities" includes the operation of all components of a transit system, including vehicles.
The eligibility under (C) above includes transit capital projects eligible under Chapter 53 of title 49, United States Code, that are also eligible under title 23 and that are within or adjacent to, or that provides access to, Federal lands open to the public
BACKGROUND: The Moving Ahead for Progress in the 21st Century Act (MAP-21, P.L. 112-141) section 1119 established the Federal Lands Access Program (Access Program). The Access Program provides funds for projects on Federal Lands access transportation facilities that are located on or adjacent to, or that provide access to Federal lands.
The goal of the Access Program is to improve transportation facilities that provide access to, are adjacent to, or are located within Federal lands. The Access Program supplements State and local resources for public roads, transit systems, and other transportation facilities, with an emphasis on high-use recreation sites and economic generators. The program is designed to provide flexibility for a wide range of
transportation projects in the 50 States, the District of Columbia, and Puerto Rico. A Programming Decisions Committee (PDC) within each State will make programming decisions and should develop a multi-year program of projects.
The Access Program compliments the Federal Lands Transportation Program (FLTP). It also compliments other Federal programs for transportation improvements, such as the Defense Access Roads program in 23 U.S.C. 210 and the Forest Development Roads and Trails program in 23 U.S.C. 205. It recognizes the importance of safe and seamless access to and within Federal lands. Receipt of Access Program funding by a State or local government does not affect the overall responsibility for construction, maintenance, and operations of the facilities. That responsibility continues to lie with the State or local government that owns and operates the facility.
“Federal lands access transportation facility” is defined as a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or
maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. The program contains the following provisions:
Programming decisions committee:
• Each State is required to create a committee composed of a representative of the FHWA, a
representative of the State DOT, and a representative of the appropriate political subdivisions of the State. This committee will make programming decisions for Access Program funds.
• The committee is required to cooperate with applicable Federal agencies within the State prior to any joint discussion or final programming decision.
• The committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the FLMAs. Program administration:
• Point of obligation is the authorization by the Secretary, or the Secretary of the appropriate FLMA if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval of plans, specifications, and estimates (PS&E) (except for Federal salaries and expenses) for all project work performed by USDOT or FLMAs, regardless of funding source.
• Planning
o Transportation planning procedures for the Access Program must be consistent with Statewide and Metropolitan planning processes.
o Regionally significant Access Program projects must be developed in cooperation with State and metropolitan planning organizations and included in Federal lands access program plans, Federal
lands transportation plans, tribal transportation program plans, State and metropolitan plans, and transportation improvement programs.
• Data collection --FLMAs are required to collect data necessary to support the Access Program, FLTP, and Tribal Transportation Program, including inventory and condition of Federal lands and tribal transportation facilities and bridge inspection and inventory information on tribal bridges and any Federal bridge open to the public.
• Reimbursable agreements may be used with State, local and/or tribal governments, in addition to agreements between Federal agencies.
• Transfers -- Funds made available for the Access Program and the FLTP may be voluntarily transferred by the Secretary of Transportation within and between those programs with the concurrence, as appropriate, of the affected FLMAs, State DOTs, and local government agencies. Transferred funds must be credited back at a later date.
ADDITIONAL INFORMATION: Additional information is contained in the MAP-21 Implementation Guidance for Federal Lands Access Program guidance document at
http://www.fhwa.dot.gov/map21/guidance/guideflap.cfm. Contact the Federal Lands Highway Program Office of Project Development (HFPD).