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ISTEA Update: Monday, September 29
ISTEA Delay Appears Inevitable, but Bicyclists Win Major Battles
by Allen Greenberg, League of American Bicyclists
Transportation committees in both the U.S. House and Senate haveapproved
legislation to reauthorize the Intermodal Surface Transportation Efficiency
Act (ISTEA) that preserves policies and programs supportive of bicycling
and makes other bicycling-related improvements to federal law.
Because of a major budget battle between the House Transportation &
Infrastructure (T&I) Committee leadership and the House Republican
leadership, including Speaker Newt Gingrich, however, it now appears that
the reauthorization will be delayed at least six months to allow the T&I
Committee and supporting transportation interest groups to fight for higher
transportation spending as part of the FY1998 budget deal expected in May
1998.
The Bikes Belong Campaign, an effort funded by the bicycle industry and
run by the League, Rails-to-Trails Conservancy, and Bicycle Federation of
America, created a bicycling agenda for this reauthorization effort. Our
first priority is preserving the important gains made in ISTEA. We agreed
that, were we to succeed at this priority, which we have in both the House
and Senate, we would consider the campaign a success. The agenda also
includes pro-bicycling improvements to federal law, and League lobbying and
grassroots efforts have played a major role in getting some of these
improvements into the House and Senate bills.
On September 24, 1997, the House T&I Committee approved a six-month
funding extension for ISTEA without policy changes. Also approved was a
resolution endorsing the committee's six-year reauthorization bill, BESTEA
(Building Efficient Surface Transportation and Equity Act of 1997), with
amendments. The six month extension will go to the House floor, but the
resolution endorsing BESTEA and the text of BESTEA itself will be used only
to amass support for greater funding for transportation.
In a last-minute scare for bicyclists, T&I Committee Chairman Bud Shuster
(R-PA) proposed including a ban on all interstate bike travel (at least
some bicycling is currently allowed on interstates in about 18 states,
including Idaho and Washington) as part of the amendments to BESTEA, but
Rep. Jim Oberstar (D-MN), the committee's Ranking Member and a strong
bicycling proponent, objected.
While it is still theoretically possible for the Senate to bring the House
to accept its six year reauthorization bill (which the Senate Environment
and Public Works Committee passed on September 17) or something similar to
it, it is now much more likely that a conference between the House and
Senate on a multi-year reauthorization bill won't happen until May 1998, at
the earliest, and that the House's proposed six-month ISTEA funding
extension will be enacted into law.
The League succeeded at getting more pro-bicycling provisions in the House
bill (BESTEA) than in the Senate bill (ISTEA 2), although some provisions
of the Senate bill are better for bicycling than those in the House. Much
thanks goes to Rep. Oberstar and his staff for successfully championing the
bicycling provisions in BESTEA. Since BESTEA won't be passed until after
next year's budget resolution, we will continue to work with Rep. Oberstar
to amend it to require bicycles to be accommodated in all highway
construction and reconstruction projects. Both BESTEA and ISTEA 2 require
consideration (not accommodation) of bicycles "as appropriate;" however,
the Bikes Belong Campaign has succeeded at getting the concurrence of the
U.S. Department of Transportation on specific, stronger language. The
League and the campaign will take advantage of the hiatus that the
six-month extension provides to attempt to include the new stronger
language or an acceptable alternative in BESTEA.
Only provisions that are contained in both the House and Senate bills are
(virtually) guaranteed inclusion in the final bill. The fate of provisions
that are contained in only one of the two bills will be placed in the hands
of the joint House/Senate Conference Committee that will reconcile both
bills. After working to secure improvements to BESTEA, the League will
focus its advocacy efforts on educating Conference Committee participants
on the provisions that are needed to address bicyclists' concerns. League
members are urged to write to their Congressman (U.S. House of
Representatives, Washington, D.C. 20515) in support of BESTEA (you may
choose to mention some of the good provisions that are included below), but
also in support of amending it to include stronger language to ensure
bicycles are *accommodated* (instead of simply *considered*) in all highway
construction and reconstruction projects.
Please copy the League on any responses you receive from your Congressman.
WHAT'S GOOD IN BOTH BILLS:
Provide generous funding boosts for bicycling's core programs:
Transportation Enhancements and Congestion Mitigation and Air Quality
Improvement (CMAQ).
Increase Recreational Trails Program funds and forbids the use of such
funds for upgrading non-motorized trails for motorized use.
Require "due consideration" of bicycling in all state and metropolitan
transportation plans and programs.
Require consideration of bicycle facilities "as appropriate" in highway
construction and reconstruction projects.
Explicitly include bicyclists under the Hazard Elimination Program as road
users for which hazards shall be identified and remediated with highway
safety construction funds. (The Senate bill also explicitly allows "traffic
calming" expenditures with these funds and the House bill requires that all
highway safety construction projects minimize adverse impacts on bicycle
access and safety.)
Amend the Federal Lands Highway Program to ensure consistency with
metropolitan and state planning processes, thereby providing bicyclists
access to the decision-making process for funding decisions under this
program.
Include bicycle safety and access in federally-funded intelligent
transportation system (ITS) projects.
IN THE HOUSE BILL ("BESTEA"):
Adds a new Transit Enhancements Program, funded at about $50 million
annually, for projects, such as bicycle parking facilities and bike racks
on buses, that enhance transit and intermodalism. The federal funding share
for bicycle projects under this program is 95 percent, which is higher than
the federal share for all other project-types.
Expands current law which forbids using federal highway money for projects
that sever "an existing major [bicycle] route or have significant adverse
impact on" bicycle safety, to also forbid regulatory action on federal-aid
facilities that would have the same effect (such as banning bicycles or
blocking trails).
Requires the U.S. Department of Transportation to work with the American
Association of State Highway and Transportation Officials (AASHTO) to study
(and report back to Congress on) amending AASHTO's "highway and street
design standards to accommodate bicyclists." AASHTO publishes both a
bicycle facilities guide and the design bible for highway engineers known
as the "Green Book."
Establishes a new "Performance Bonus Program" to distribute bonus money to
states that best maintain their bridges, improve safety, and improve the
environment related to their transportation systems. Bicyclists and
bicycling projects should benefit as a result of this emphasis on
performance.
Specifically includes "bicycle and pedestrian safety" in the federal
highway research program.
Specifically includes representatives of bicycling organizations as panel
participants in a new national research study on improving school
transportation safety for children.
Requires that, as part of the railroad-highway grade-crossings safety
program, projects be scheduled to make such crossings bicycle-safe.
Provides $500,000 "to develop a national bicycle safety education
curricula that may include courses relating to on-road training."
IN THE SENATE BILL ("ISTEA 2"):
Includes a national transportation-environment research initiative that
addresses bicycle transportation needs.
Specifically includes "bicycle transportation facilities" as part of State
transportation plans and programs.
-- WHAT'S NOT SO GOOD --
IN THE HOUSE BILL ("BESTEA"):
Modestly expands eligible project-types within the Transportation
Enhancements Program category to include tourist and welcome centers and
graffiti-and-litter-removal under the existing "landscaping and other
scenic beautification" category. Since bicycle and pedestrian projects have
secured 53 percent of all Enhancement dollars, this expansion could cause a
slight reduction in this percentage.
Allows 50 percent of new Transportation Enhancements and CMAQ funds (above
and beyond the level provided in ISTEA 1) to be transferred by states out
of these program categories.
Consolidates factors that are to be considered in state and metropolitan
transportation plans and changes the "shall consider" requirement to "may
consider," although requires "due consideration" of bicyclists' needs in
transportation plans and programs elsewhere in the law.
IN THE SENATE BILL ("ISTEA 2"):
Eliminates the bridge maintenance program, although includes some measures
to ensure funding for this purpose. Road bicyclists are particularly
susceptible to poorly maintained roads and bridges.
Eliminates the requirement to identify the program from which a project in
a Transportation Improvement Plan (TIP) is funded. This could have the
effect of allowing states to take away funds for bike projects that have
been approved by regions. Federal guidance, however, may resolve this.