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Institute of Transportation Engineers. ITE Journal, Jun 2005

SENATE BEGINS CONSIDERATION OF SAFETEA

On April 26, 2005, the U.S. Senate moved to consider HR 3, the House-passed surface transportation authorization bill. The major issue is the seemingly unending congressional gridlock on the donor-donee issue. In addition, Republican leaders are attempting to keep funding at the White House-approved ceiling of $284 billion over six years.

Senators Charles E. Grassley (R-IA) and Max Baucus (D-MT) are expected to offer amendments to raise that funding level. The inability of congressional leaders and the "rank and file" to reach agreement has led to speculation that a threemonth extension beyond the current extension's May 31, 2005, deadline may be needed to complete the bill.

Also on April 26, the White House issued a Statement of Administrative Policy (SAP), which indicated support for HR 3 as passed by the House of Representatives. However, the SAP also included veto threats if the funding in the final bill exceeds $283.9 billion and/or if the bill creates a "new federal borrowing mechanism."

Other topics addressed by the SAP include: safety; state and local flexibility; park roads; environmental review; transportation and air quality; motor vehicle safety; highway financing; public transportation programs; accountability and oversight; Byrd test change; gas tax compliance; and budget estimates and enforcement. To access the SAP, visit www.whitehouse.gov/omb/ legislative/sap/109-1 /hr3sap-s.pdf.

EPW RANKING MEMBER TO RETIRE IN 2006

Senator James Jeffords (I-VT), ranking member of the Environment and Public Works Committee, has announced that he will retire at the conclusion of his term in 2006.

MATH AND SCIENCE INCENTIVE ACT OF 2005

On April 12, 2005, Rep. Frank Wolf (R-VA) and co-sponsors Vernon J. Ehlers (R-MI) and Sherwood E. Boehlert (R-NY) introduced HR 1547, the Math and Science Incentive Act of 2005. The legislation would establish a new program through the U.S. Department of Education, in which the federal government would pay the interest on student loans-capped at $10,000-for individuals who pursue careers in math, science, or engineering.

To receive the benefits under the program, an individual must agree to work for five years in a job related to science, math, or engineering, including teaching in those fields at any level. The government would pay the interest on the loan starting at the beginning of the service requirement and continuing afterward. Senator John Warner (R-VA) introduced S. 765, a companion bill, in the Senate.

FHWA: HIGHWAY BRIDGE PROGRAM PROPOSED RULE WITHDRAWAL

The Federal Highway Administration (FHWA) has withdrawn a proposed rulemaking developed to revise the regulations governing the highway bridge replacement and rehabilitation program (HBRRP). FHWA had proposed to clarify ambiguous language, incorporate long-standing FHWA policies and provide flexibility by including an alternate program applicable to all bridges, both on and off the federal-aid system.

During the comment period, FHWA received comments questioning the legal authority for the alternative program as well as the quantitative benefits and impacts of the program. To evaluate these questions and issues, FHWA has withdrawn the proposed rulemaking and intends to consider establishment of a special experimental program to quantitatively evaluate the benefits of the approach proposed in the alternative program.

For more information, contact Thomas Everett, Office of Bridge Technology, HIBT-30, FHWA, 400 Seventh St., SW, Washington, DC 20590-0001 or Robert Black, Office of the Chief Counsel, HCC-30, FHWA, 400 Seventh St., SW, Washington, DC 20590-0001; 202-366-1359.

[Federal Register April 11, 2005; pages 18342-18343]

a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket. access.gpo.gov/2005/05-7210.htm

FHWA FINAL NOTICE: secTION 4(F)

FHWA has issued a final nationwide programmatic section 4(f) evaluation (programmatic evaluation) for use in certain federal (federal-aid or federal lands highway) transportation improvement projects where the use of publicly-owned property from a section 4(f) park, recreation area, or wildlife and waterfowl refuge or property from a historic site results in a net benefit to the section 4(f) property.

The application of this programmatic evaluation is intended to promote environmental stewardship by encouraging the development of measures that enhance section 4(f) properties and to streamline the section 4(f) process by reducing the time it takes to prepare, review and circulate a draft and final individual section 4(f) evaluation (individual evaluation) that documents compliance with section 4(f) requirements. This programmatic evaluation provides a procedural option for demonstrating compliance with the statutory requirements of section 4(f) and is an addition to the existing nationwide programmatic evaluations, all of which remain in effect.

This programmatic evaluation can be applied to specific project situations that fit the criteria contained in the applicability section. To fully realize the streamlining benefits of this programmatic evaluation, FHWA and the applicant are encouraged to initiate coordination with the official(s) with jurisdiction over a section 4(f) property as early as possible and practicable to facilitate the assessment of benefits and harm to a section 4(f) property.