Highway Planning and Construction

This Assistance Listing encompasses several transportation programs: 1) Federal-aid Highway Program: The purpose of the Federal-aid Highway Program is to assist the States in providing for construction, preservation, and improvement of highways and

Federal-aid highway funds are provided to States on an annual basis, by a combination of statutory formula and discretionary allocation. The most recent authorization act is the Infrastructure Investment and Jobs Act (IIJA). Funds authorized under Assistance Listing 20.205 are used for highway planning and construction.

By law, the Federal-aid highway program is a federally assisted State administered program that requires each State to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State transportation departments (State DOTs). Projects to be funded under the Federal-aid highway program are generally selected by State DOTs or MPOs, in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the similar manner as other Federal aid highway projects, with the territorial transportation agency functioning in a manner similar to a State transportation department. Most FLTP projects are administered by the FHWA Office of Federal Lands Highway and its Divisions or by the various FLMAs.

State transportation departments, and in some instances, Federal agencies, other State agencies, local agencies, and private, community-based organizations.

Eligible activities and allowable costs will be determined in accordance with Title 23 and the OMB cost principles applicable to the recipient/sub-recipient.

1) Federal-aid highway funds may be used for environmental studies, engineering and design services, right-of-way acquisition and relocation assistance, and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, resurfacing and preservation, or for functional, geometric, or safety reasons. Funds may also be used for planning; research, development, and technology transfer; intelligent transportation systems projects; roadside beautification; wetland and natural habitat mitigation; traffic management and control improvements; improvements necessary to accommodate other transportation modes; development and implementation of performance and asset management systems; billboard removal; construction of bicycle facilities and pedestrian walkways; fringe and corridor parking; car pool and van pool projects; transportation alternatives and enhancements such as scenic and historic highway improvements; and recreational trails. Funds generally cannot be used for routine highway operational activities, such as police patrols, mowing, snow plowing, litter control, or maintenance, unless it is preventative maintenance. Eligibility criteria for the various programs differ, so program guidance should be consulted. Federal-aid highway projects in metropolitan areas must be based on a transportation planning process carried out by a Metropolitan Planning Organization (MPO) in cooperation with the State, local officials, and transit operators. The projects must be included in the metropolitan transportation plan (MTP) and the transportation improvement program (TIP). Projects in non-metropolitan areas of a State must be consistent with a statewide transportation plan. Projects in both metropolitan and non-metropolitan areas must also be included in a fiscally constrained Statewide Transportation Improvement Program (STIP) developed as part of the required statewide transportation planning process. The FHWA and the Federal Transit Administration (FTA) must approve the STIP jointly. Projects under the FLTP are also subject to metropolitan and statewide planning requirements. 2) Funding from the National Highway Performance Program (NHPP) is generally limited to projects on the NHS, which includes the Eisenhower Interstate System. 3) Surface Transportation Block Grant Program (STBG) funds may be used on any Federal-aid highway or for bridges and tunnels on any public road. 4) Highway Safety Improvement Program (HSIP) funds are limited to projects that reduce traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance. 5) Congestion Mitigation and Air Quality Improvement (CMAQ) Program funds are limited to projects and programs that reduce transportation related emissions air quality non-attainment and maintenance areas for ozone, carbon monoxide, and particulate matter, though provision is made for States without air quality issues. 6) Funding from the National Highway Freight Program (NHFP) is generally limited to projects that contribute to the efficient movement of freight on the National Highway Freight Network (NHFN), and are consistent with metropolitan and statewide transportation planning requirements. Beginning December 4, 2017, there are additional planning requirements related to the NHFP in that a State may not obligate NHFP funds apportioned to the State unless the State has developed a State Freight Plan (SFP). The NHFP strategically directs resources and policies to present solutions and strategies to address the infrastructure, institutional, and financial bottlenecks that hinder the safe and efficient movement of goods. Program requirements and restrictions are contained in Title 23 United States Code.

Federal-aid highway funds generally become available at the beginning of the fiscal year for which they are authorized and must be obligated within 3 years after the close of that fiscal year. However, some categories of funds are available until expended.

Environmental investigation, reviews, and consultations are required for most projects under this program and must comply with the National Environmental Policy Act of 1969, although the level of review varies with the project. Concerning Executive Order 12372 -- Projects under the FLHP have similar requirements; however, an interested applicant would need to contact the designated FLMA or the local FLH Division for more information.

The FHWA has a Stewardship and Oversight Agreement with each State that details the extent to which the State assumes the responsibilities of the FHWA for projects in that State. States may assume the responsibilities of the FHWA for oversight of design and construction for projects that are on the NHS, including the Interstate System, unless the State or the FHWA determines that such assumption is not appropriate. For projects that are not on the NHS, the State shall assume the responsibilities of the FHWA for oversight of design and construction, unless the State determines that such assumption is not appropriate. The State DOT may be required to submit statements of work and plans, specifications, and estimates for certain projects to their respective FHWA division office for approval.

To be eligible, most projects must be located on public roads that are not functionally classified as minor rural collectors and local roads. The major exceptions are bridges not located on Federal-Aid highways; highway safety activities; bicycle and pedestrian projects, transportation alternatives and enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of State and local priorities within the limit of the funds apportioned or allocated to each State.

The State DOTs generally decide which projects will be developed within funding categories and levels. The FHWA division office, located in each State, approves and executes a project agreement for each project before work can commence. There are several categories where funding is allocated at the discretion of the Secretary of Transportation and administered by the FHWA. When such funding is available, FHWA will solicit applications for candidate projects from the States. Projects administered by the FHWA Office of Federal Lands Highways or the FLMAs are subject to procurement processes identified in the Federal Acquisition Regulations. Project awards are subject the availability of funds.

From 1 day to 5 months.