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Federal Funding 101Rail-VolutionMinneapolis, Minnesota

September 22, 2014Jeffrey F. Boothe202.828.1896/jeff.boothe@hklaw.com

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Annual Budget Process - Authority• Congress is granted the “power of the purse,” or the ability to tax and

spend public dollars for the federal government under the Constitution.

– “All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.”

• Constitution also requires an appropriations process to take place before money can be spent.

– “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

• House and Senate have adopted rules prescribing a two-step authorization-appropriation process.

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Annual Budget Process - Terminology• Authorization: authorizes the appropriation of funds for agencies, programs, and

government functions. Purpose is to set parameters for spending.

• Appropriation: confers actual authority to incur obligations.

• Budget Resolution: sets spending ceilings for the upcoming fiscal year.

• Types of Appropriations Measures:

– Regular Appropriations: must be enacted before the new fiscal year on October 1; provides funding for fiscal year during typical process.

– Continuing Resolution: extends previous fiscal year funding in the absence of regular appropriations, generally until regular bills are enacted.

– Supplemental Appropriations: provides additional appropriations during a fiscal year, outside of the normal process.

– Omnibus Appropriations: a combined package of regular appropriations bills used to consider a number of separate measures all at once.

• Types of Outlays:

– Direct (Mandatory): spending controlled by permanent laws, outside of the normal appropriations process. Examples: Medicare, Medicaid, unemployment insurance.

– Discretionary: spending controlled through annual appropriations bills.

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Annual Budget Process - Cycle

President Submits Budget Request to Congress

House and Senate Pass Budget Resolutions

House and Senate Appropriations Subcommittees and Committees Markup Appropriations Bills

House and Senate Vote on Bills and Reconcile Differences

President Signs Appropriations Bills Into Law

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Annual Budget Process - President’s Budget

• Required by law to submit annual budget for upcoming fiscal year no later than the first Monday in February of each year– Congress may grant extensions on this deadline.

• The president’s submission to Congress initiates the annual budget process.

• Budget is prepared by the Office of Management and Budget (OMB).

• The President’s budget is a request and has no binding authority on Congress.

• The President’s budget is used to detail administration policies and priorities, while creating, modifying, or removing certain programs and funding for agencies.

• DOT announces budget and FTA release project recommendations

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Annual Budget Process - Budget Resolution

• Congressional Budget and Impoundment Control Act of 1974 requires Congress to adopt an annual budget resolution.

• Purpose is to establish the total level of discretionary funding for the fiscal year, which must cover at least five fiscal years.

• Also allocates federal spending among 20 major functional categories of the federal budget, such as transportation.

• The Congressional Budget Act establishes April 15 as a target for adoption of a budget resolution.

• After Congress adopts a budget resolution, all mandatory and discretionary spending levels are allocated to the appropriate Committees, in what are known as a “302(a) allocation.”

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Annual Budget Process - Committee Activity• There are 12 subcommittees under the House and Senate Committees on

Appropriations:

• Appropriations Committees further divide 302(a) allocations among each subcommittee, known as 302(b) allocations, which further limit the total spending on each bill.

Subcommittee Consideration and Markup

Report to Full Appropriations

Committee

Full Committee Consideration and Markup

Floor Action

Agriculture, Rural Development

Financial Services and General Government

Legislative Branch

Commerce, Justice and Science

Homeland Security Military Construction and Veterans Affairs

Defense Interior and Environment State and Foreign Operations

Energy and Water Development

Labor, Health and Human Services, and Education

Transportation, Housing and Urban Development

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Annual Budget Process - Reconciliation• After passing each appropriations bill, the House and Senate will go to

conference to reconcile any differences.

• Differences are negotiated by conferees or managers.

• Conferees or managers generally consist of members from the respective House and Senate appropriations subcommittees, and the chair and ranking minority Members of the full committees.

• Must remain within scope during negotiations: House and Senate rules prevent conferees from (1) altering identical text in each bill, or (2) adding new matter that was not included in either bill. However, these rules can sometimes be waived.

• Once reconciled, bill is sent to the President for signature.

– President has 10 days to sign or veto the measure. If no action taken, bill automatically becomes law at the end of a 10-day period that Congress is in session.

– President may veto bill, which can only be overruled by Congress by a two-thirds vote in both chambers.

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Annual Budget Process - Timeline

February •President submits budget proposal to Congress

April 15 •Congress adopts a budget resolution

May/June •Appropriations Committees Begin Reporting Bills

Late July •House and Senate finish considering appropriations bills

Fall/ Winter •House and Senate reconcile, send bills to President

October 1 •New Fiscal Year Begins

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Annual Budget Process - Outlook

• Congress has repeatedly failed to progress through a typical appropriations process for years.

• Instead, Congress has adopted continuing resolutions and omnibus appropriations measures in order to keep the government funded.– Still, partisan differences resulted in a government

shutdown in October 2013 that lasted 16 days.• Another continuing resolution was adopted this past week

for fiscal year 2015 with expectation of Omnibus Bill in December.

• It is unclear when Congress may once again return to a normal process and enact appropriations measures in a timely and bipartisan fashion.

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Surface Transportation Authorization• Congress must adopt legislation that authorizes funding for highways,

transit and the safety programs– Moving Ahead for Progress in the 21st Century (MAP-21) signed into law in

July 2012

– MAP-21 was a two year bill recently extended by Congress until May 2015 by the transfer of General Funds (GF) to the Highway Trust Fund (HTF)

• HTF relies on 18.4 cent gasoline tax of which 2.86 cents are deposited into the Mass Transit Account (MTA)– Starting in 2008, Congress has been required to transfer monies from GF to

the HTF that have been offset by changes in tax law

• Highway programs funded entirely from HTF

• Mass Transit funded by a combination of funds from MTA and the GF– Formula programs funded from MTA

– Capital Investment Grants, FTA Administration and Research programs funded from GF

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Federal Highway Programs

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Availability of Highway Flex Monies

• MAP-21 retains provisions to flex monies to transit from STP and CMAQ– Expanded eligibility under STP for congestion pricing, ferry boats and

terminals, off system bridges, border infrastructure, and congestion pricing

– Enhancements eliminated and replaced by “Transportation Alternatives” that expands eligibility to cover Safe Routes to Schools, Recreational Trails and roadways within ROW of former Interstate or other divided highways• 50% within local control while 50% can be transferred by States to other programs

– Operating Assistance – FHWA issued guidance in July 2014• Start-up of new transit service or incremental costs of expanding services

• Three years of CMAQ may be spread over a period of five years but must be tapered over that period

• End of five years, non-CMAQ monies must be found

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National Highway Performance Program• Allocated by formula to States

• Construction, reconstruction, resurfacing, rehabilitation, preservation and operational improvements to the National Highway System (NHS), NHS system bridges and tunnels

• Construction, rehabilitation or replacement of ferry boats and facilities that connect road segments of the NHS

• Construction of transit projects if project is in HNS corridor and in proximity to NHS corridor, if more cost-effective than NHS improvement

• Bicycle and Pedestrian projects

• Infrastructure-based ITS capital projects

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Surface Transportation Program• 50% of monies apportioned to States obligated in urbanized areas,

other 50% used in any area of the State

• Construction, reconstruction, resurfacing, rehabilitation, preservation and operational improvements on any federal aid highway

• Construction of tunnels and bridges on federal aid highways

• Transit capital projects

• Carpool projects, fringe and corridor parking facilities

• Transportation Alternatives– Enhancements plus following:

• Safe Routes to Schools

• Recreational Trails

• Roads within ROW of former

Interstates or other divided highways

• Surface transportation planning

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Congestion Mitigation and Air Quality

• Formula program with set aside for Transportation Alternatives

• Must contribute to attainment or maintenance of air quality standard or effectiveness in reducing air pollution

• Eligible Projects:– Traffic monitoring or control facilities

– Transit capital projects

– Transit operating assistance for initial operations or expansion of operations for three years

– Bicycle/Pedestrian projects

– Projects that shift demand to off-peak hours

– Facilities serving electric or natural gas-fueled vehicles

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Performance Measures Structure• Measures are intended to increase the accountability and transparency of the

Federal-aid highway program and improve project decision making through performance based planning and programming.

• Seven national goal areas:

• DOT will establish measures in consultation with State DOTs, MPOs and other stakeholders.

• States are required to establish performance targets that reflect performance measures established by DOT.

• MPOs and transit operators, will set targets for each measure, incorporate in plans and programs and report progress.

• NPRM issued on June 2, 2014 (79 Fed. Reg. 31784) to implement measures – comments are due October 2, 2014

Safety Infrastructure Condition Congestion

System Reliability Freight Movement and Economic Vitality

Environmental Sustainability

Reduced Project Delays

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Planning and Performance• Performance measures must be incorporated into long-range planning

and short-term programming processes• LRTPs, TIPs and STIPs must show the progress that is expected to be

achieved by planned decisions and investments

• DOT will evaluate the appropriateness of State targets and the progress that the State is making in achieving performance targets

• States and MPO plans will include performance reports that described the progress made toward achieving performance targets.

• Scenario Planning• MPOs can develop multiple scenarios for LRTPs, but scenarios must be

evaluated against performance measures– Used to assess pros and cons, as well as effects of each scenario

• FHWA is to conduct a study on costs and benefits associated with scenario planning in developing the metropolitan transportation plan

• Analysis will also look at technical and financial capacity of MPOs to develop planning scenarios

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TIFIA• Transportation Infrastructure Finance and Innovation Act (TIFIA)

– Provides credit assistance to eligible surface transportation projects, including highways and transit • Secured Loans – direct loans with flexible repayment terms and providing

combined construction and permanent financing – up to 49% of project cost

• Loan Guarantees – full-faith and credit loan guarantees by Federal government to institutional investors – up to 49% of project cost

• Lines of Credit – contingent sources of funding in form of loans that may be drawn down during first ten years of construction – up to 33% of project cost

• Master Credit Agreements – contingent commitment of future TIFIA assistance for a program of projects secured by a common revenue pledge

– Program expanded from $250 M per year to $750 M in FY 13 and $1 B in FY 14

– Must be repaid through dedicated funding sources that secure the obligation, such as tolls, user fees or payments

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TIFIA (Cont.)• Transportation Infrastructure Finance and Innovation Act (TIFIA)

– Repayment of a loan may begin five years after substantial

completion or project, and must be fully repaid within 35 years – Application Process –

• First submit letters of interest (LOI) using the form available on TIFIA's website

– Describe project location, purpose and cost

– Outline of Project financial plan, including requested assistance and proposed obligor

– Provide status of environmental review

– Provide information regarding satisfaction of TIFIA eligibility requirements

• DOT will review LOIs and request further information as necessary

• Upon completion of the review and a determination of eligibility, DOT will invite an application for credit assistance

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Accelerating Project Delivery• States can assume FHWA’s role in NEPA process (excluding Clean Air

Act, Clean Water Act and Endangered Species Act), including direct coordination with Federal environmental agencies (i.e. EPA, DOI, FWS)

• Use of construction manager/general contractor (CMGC) method of contracting

• Accelerated completion of complex projects within four years when State and other project sponsors request technical assistance– States and other project sponsors can request use of authority for projects

that have been under development for at least two years

• Up to 100% Federal share for some innovative techniques– Limited to 10% of available highway funding for States

– Projects that contain innovative project delivery techniques, contain innovative technologies (ITS, recycling technology), or accelerates project delivery (incentives for early completion of the project, program or activity)

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Accelerating Project Delivery• Demonstration project for lump sum payments for purchase of ROW

– State has authority to acquire the real property interest under State law

– Will not cause any significant adverse environmental impact

• Will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any required approval

• Does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered

• Consistent with the State transportation planning processes

• Acquired through negotiation, without the threat of condemnation and consistent with STURRA and Civil Rights Act

– Secretary shall complete the review process under NEPA

– Property interest shall have independent utility for purposes of NEPA and limit consideration of alternatives for future transportation improvements with respect to the real property interest.

– Acquisition may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor.

– May not be developed in anticipation all required environmental reviews completed.

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Highlight of Transit Program Changes

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Key Transit Terms

• Designated Grant Recipient– Entity designated, in accordance with the planning process, by

Governor, local officials and transit operators to receive and apportion federal transit monies, or

– State or regional authority

• Direct Recipient/Eligible Recipient– Entity that operates fixed route bus service and authorized by

designated grant recipient to receive formula funds, or any entity

that receives funds under section 5309 • Subrecipient

– Receives monies through pass-through agreement with direct recipient or designated grant recipient whereby original recipient remains responsible for compliance

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Key Transit Terms

• Grantee – Circular 5010.1D– Entity to which a grant is awarded directly by FTA to support a

specific project in which FTA does not take an active role or retain substantial control

• Project Sponsor– Entity responsible for providing legal, technical and financial

capacity to managr a New Starts, Small Starts or Core Capacity project

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Capital Investment Grants

• New Starts– Projects exceeding $250 million in total cost

– Federal share usually 50 percent as project exceed $1 billion in total cost FTA is providing less than 50 percent

• Small Starts– Projects less than $250 million in total cost

– Federal share is capped at $75 million

• Core Capacity– Projects that add ten percent capacity

– No State of Good Repair projects

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Bus Rapid TransitSmall Starts New Starts

Right of Way Operates in a defined corridor but majority of which does not operate in a separated ROW dedicated to transit use during peak periods

Majority of project operates in a separated ROW dedicated to transit use during peak hour

Features of Project Substantial investment in a defined corridor by features that emulate rail fixed guideway services, including:• Defined stations;• Traffic signal priority;• Short headway bidirectional services for a substantial part of weekday and weekend days; and• Any other features Secretary determines support long-term investment

Substantial investment in a single route in a defined corridor or subareaIncludes features the emulate services provided by rail fixed guideway systems, including:• Defined stations;• Traffic signal priority• Short headway bidirectional services for a substantial part of weekday and weekend days; and• Any other features Secretary determines are necessary to produce high quality transit that emulates rail fixed guideway systems

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Urbanized Area Formula Programs• Urbanized Area Formula

– Prior eligibility is retained but expanded to include jobs access and reverse commute

– Provides funding for State Safety Oversight

– Retains operating assistance for areas below 200,000

– Limited operating assistance for areas above 200,000 which operate up to 100 buses in fixed route service during peak hours

– 1% mandatory set aside for transportation security projects

• Growing States and High Intensity State Formula

– Retains formula program first included in SAFETEA-LU

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Enhanced Mobility for Seniors/Persons with Disabilities

• Consolidates New Freedom and Elderly and Disabled Program

• Eligible Activities– 55% for capital projects to meet needs of seniors

– 45% for transit projects to provide access to service or exceed ADA

• Funding– 60% to designated recipients in urbanized areas (above 200,000)

– 20% each to states for small urbanized area and for rural areas

– Monies can be used for operating assistance – 50% federal share

– Capital projects match – 80% federal share

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Other Formula Programs• Rural Area Formula

– Incorporates rural transit, tribal discretionary grant programs, Rural Transit Assistance Program and Appalachian Development Public Transportation Assistance

– Federal share is 80% for capital and 50% for operating assistance

– Includes planning, capital, operating, JARC and acquisition of public transportation services

• Bus and Bus Facilities – Shift from a discretionary to formula program

– Overall funding reduced by 50%

– First $65.5 million allocated with each state receiving $1.25 M with remaining $356.6 M allocated based on population, vehicle revenue miles and passenger miles

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Transit Planning Program

• Performance-Based Planning Process– MPOs and States to develop transportation plans through performance-

based planning

– Transit performance-based planning focus is on asset management and State of Good Repair

• Regional Transportation Planning Organizations may be created for nonmetropolitan areas

• MPOs in urbanized areas designated as TMAs must include transit officials on policy boards – Guidance published on June 2, 2014 (79 Fed. Reg. 31214)– Representative should be either a board member (elected or

appointed) or officer of a provider of public transportation

– Should not be a person serving on MPO in another capacity

– Have equal voting rights with other MPO Board members

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Pilot Program for TOD Planning• Applies to New Starts and Core Capacity Projects

• States and local governmental entities are eligible for funding

• $10 M annually is awarded competitively

• Competitive grants would seek to:– Enhance economic development, ridership and other goals established

during the project development and engineering processes;

– Facilitate multi-modal connectivity and accessibility;

– Increase access to transit hubs for bicycle and pedestrian activity;

– Enable mixed-use development;

– Identify infrastructure needs associated with the eligible project; and

– Include private sector participation.

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State of Good Repair Program

• High Intensity Fixed Guideway Program – 97.15%– Must be fixed guideway to receive funding

– Alignment and operations contain each of the features set forth in State of Good Repair Circular

• High Intensity Motorbus Program – 2.85%– Systems not operating in dedicated ROW

– May share lane with other High Occupancy Vehicles

– May share a “HOT lane” if transit and other HOVs ride for free

– Monies may not be used to maintain or rehabilitate HOV lanes

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State of Good Repair Program• Transit Asset Management

– FTA will introduce a regulation defining “state of good repair”

– Regulation will set standards for measuring condition of capital assets

– Will establish performance standards for state of good repair with each transit agency required to set targets

– Transit agencies will be required to report condition of assets to the National Transit Database (NTD)• Condition of their system and any change in the condition

• Targets set and progress towards meeting those targets

Fixed Guideway BRT - Proposed Definition in SGR Circular

• Over 50 percent of route operates in a separated right-of-way dedicated for transit use during peak periods– Other traffic can make turning movements through the separated right-of-

way.

• Defined stations– Accessible for persons with disabilities

– Offer shelter from the weather

– Provide information on schedules and routes.

Fixed Guideway BRT - Proposed Definition in SGR Circular

• Provide faster passenger travel times through congested intersections by using active signal priority in separated guideway, and either queue-jump lanes or active signal priority in non-separated guideway

• The route must provide:– short headway, bi-directional service for at least a 14-hour span of service

on weekdays and a 10-hour span of service on weekends

– Short headway service on weekdays consists of either 15 minutes or less maximum headways throughout the day, or 10 minutes or less maximum headways during peak periods and 20 minutes or less maximum headways at all other times

– Short headway service on weekends consists of 30 minutes or less maximum headways for at least 10 hours a day

• The provider must apply a separate and consistent brand identity to stations and vehicles”

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Program of Interrelated Projects• Available only for New Starts/Core Capacity projects

– Project is in the Engineering phase

– Program of projects • has logical connectivity

• when evaluated as a whole, meets the requirements for project justification capacity

• supported by a logical implementation plan and by an acceptable degree of financial commitment

– Monies must be repaid if sponsor does not complete program within a reasonable period of time

– Government share of each project within program may not exceed 80%

– Including a project not financed by Federal Government in a program does not impose Federal governments otherwise applicable

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Private Sector Participation• Secretary is directed to promote better coordination between public

and private sector providers by providing technical assistance

• If requested by sponsor of New Start, Small Start or Core Capacity project –– Identify best practices for PPP models in USA and elsewhere

– Develop standard PPP transaction models

– Perform financial assessments that include calculation of public and private benefits of PPPs

• Secretary to identify provisions that impede use of PPPS

• Develop guidance to provide transparency and public access to PPP agreements

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Private Sector Participation• Develop guidance to provide transparency and public access to PPP

agreements– Any conflicts of interest for parties involved in PPPs;

– Tax and financing aspects related to PPPs;

– Changes in workforce and wages, benefits, or rules as a result of PPPs;

– Estimates of the revenue or savings the PPP will produce for the public entity and private entity;

– Any impacts on other developments and transportation modes as a result of non-compete clauses contained in PPPS; and,

– Any other issue.

• Project sponsors are encouraged to conduct assessments to determine whether a PPP represents a better public and financial benefits

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Pilot Project for Innovative Project Delivery• Available for any New Start, Small Start or Core Capacity Project

• Demonstrate whether innovative project development and delivery methods or innovative finance arrangements can expedite project delivery

• FTA select three projects to participate

– At least one shall be requesting more than $100 million

– At least one a project seeking less than $100 million

• Government share limited to 50%

• Recipient shall submit an application that identifies (a) project, (b) project schedule, (c) finance plan, and, (d) an analysis of efficiencies of proposed P3

• Certify system is in a state of good repair, project completed NEPA and demonstrate legal, technical and financial capacity

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TIGER

• $600 million for FY 14 – up to $35 M for Planning– No less than $10 million per project and greater than $200 M in

urban areas

• Major focus on “ladders of opportunity”– Connect to centers of employment, education and services

– Stimulate long-term growth, especially in economically depressed areas

• Total of five primary criteria and two secondary criteria used to evaluate projects

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TIGER

• Planning Grants– Planning, preparation and design of a project, or planning related to

interdisciplinary factors such as housing, economic development, stormwater and other infrastructure investments

– Applicant must discuss how the project resulting from the planning efforts will lead to the fulfillment of the criteria

• Benefit/Cost Analysis (BCA)– Key is identifying and quantifying project benefits

– Must receive a positive BCA in order to be considered

• Selection Process– About 15 percent of projects are highly recommended

– Only about three percent of the projects are funded

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TIGER

• Key considerations for funding– Readiness – NEPA schedule, local match, status in terms of design

and engineering and schedule

– TIGER funds are the “last dollar” necessary to advance the project

– Complete project with independent utility

– Political and community support

• Expect and prepare for TIGER funding in FY 15

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Accelerated Innovation Deployment (AID) Program• Component of FHWA’s Technology and Innovation Deployment

Program (TIDP)

• State DOTs, local governments, MPOs, tribal governments and Federal Land Management Agencies are eligible

• Projects may be in any aspect of highway transportation, including: planning, financing, operation, structures, materials, pavements, environment, and construction

– e.g. lateral slide, high friction surface treatment

• Project must be ready to initiate within 6 months of applying

• $15 million available for FY 2014

– Up to $14 million for State DOTs

– Up to $1 million to tribal governments and Federal Land Management Agencies

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Federal Railroad Administration –FY14 Grant Application Solicitation• Solicitation for intercity passenger rail grade crossing improvement

projects, positive train control (PTC) implementation projects, and Passenger Rail Corridor Investment Plan (PRCIP) projects

• At least $36.3 million in funding available

– FY14 Omnibus Authority: $19.8 million

– FY08/08 Remaining HSIPR: $11.3 million

– FY10 Remaining HSIPR: $5.2 million

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Bus and Bus Facilities, Ladders of Opportunity• One-time opportunity through FTA

• Approximately $100 million available through recoveries from Section 5309 Bus and Bus Facilities Program authorized by SAFETEA-LU

• Financing for capital projects to replace, rehabilitate, and purchase busses and to construct bus-related facilities

– Operating expenses, preventive maintenance, and previous project expenses are ineligible

• Eligible applicants included Urbanized Area Formula Program direct recipients, States, or Indian Tribes; Rural areas must submit as part of consolidated application

• Opportunity closed on August 4, 2014

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FAA Airport Improvement Program (AIP)• Planning & development grants for public-use airports

• Eligible projects include improvements related to airport security, capacity, and environmental concerns– e.g. Runway rehabilitation, airfield signage and lighting, planning or

environmental studies, land acquisition, and others

• FAA makes case-by-case determination for funding under the Passenger Facility Charge (PFC) program of airport ground access transportation projects– PFCs can be used for ground transportation projects, such as LRT,

streetcar, BRT that provide access to airports

– Project on airport property

– Project can only provide access to the airport

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Passenger Ferry Grant Program• Federal Transit Administration (FTA) competitive program

• Funding to support existing service, establish new service, and modernize boats and facilities for public ferry systems in urbanized areas- June 2014, FTA announced $60 million for 26 projects in 13 states

• State and local government entities, public transportation providers, and private or non-profit organizations are eligible- Must be direct recipients of Section 5307 Urbanized Area Program

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Railway-Highway Crossings Program• $220 million available for the program in 2014, funded from the

Highway Account of the Highway Trust Fund

• Funds safety improvements to reduce fatalities, injuries, and crashes at public grade crossings

• Eligible projects include all public crossings at roadways, bike trails, and pedestrian paths

• State funding levels determined by two factors:– 50% on formula factors for the Surface Transportation Program (STP)

– 50% based on the number of public railway-highway crossings

• Each state guaranteed to receive a minimum of 1/2% of program funds

• 90% federal funding share

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Projects of National and Regional Significance (PNRS)• Section 1301 of SAFETEA-LU provided grants to States for PNRS to

improve movement of goods and people

• MAP-21 authorized $500 million in fiscal year 2013 for PNRS, however no funds appropriated in FY13

• Section 1120 of MAP-21 requires DOT to develop a report to Congress containing a list of projects of national and regional significance, used to develop recommendations on financing

• PNRS Survey– Compiled through surveys of State departments of transportation, transit

agencies, tribal governments, and multi-state/multi-jurisdictional groups

– Survey closed June 30, 2014

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Tribal High Priority Projects Program• Provides funding to tribes whose “annual allocation of funding

received under the Tribal Transportation Program (TTP) is insufficient to complete the highest priority project of the Tribe,” or to provide emergency funding for inoperative facilities due to disaster

• $30 million appropriated from the General Fund

• Modeled after former Indian Reservation Roads High Priority Projects Program

• Projects limited to $1 million per application; 100% federal share

• Indian Tribes or tribal government subdivisions are eligible

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EPA Brownfields• Brownfield Economic Redevelopment Initiative aims to “prevent,

asses, safely clean up, and sustainably reuse brownfields”

– Definition: a site, or portion thereof, that has actual or perceived contamination and an active potential for redevelopment or reuse

• Administered by Environmental Protection Agency (EPA), Office of Brownfields and Land Revitalization (OBLR)

• FY 2015 Brownfields area-wide planning grant proposals due September 22, 2014

– Funding to conduct research, technical assistance, and/or training activities to develop brownfields area-wide plan

• $4 million available for FY 2015, with maximum of $200,000 for each proposal

• Urban brownfields can be preferable locations for transportation facilities

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Lisa Ann BarkovicSenior Policy AdvisorMs. Barkovic has extensive experience in the areas of federal appropriations, transportation, environment, energy, and homeland security. Prior to joining Holland & Knight, Ms. Barkovic served five years in the office of former Congressman Mark Foley (FL-16) as a Legislative Assistant.

Paul S. BockPartnerMr. Bock has more than 20 years of experience working with key decision-makers in the U.S. Senate and House of Representatives, including lawmakers, senior staff members and interest groups involved in public policy. He has extensive experience and knowledge in financial services, transportation and energy.

Jeffrey F. BoothePartnerMr. Boothe is nationally recognized on matters relating to transportation policy, transit project planning, strategy and implementation, procurement and transit-oriented development. Mr. Boothe is experienced in representing public transit properties and helping clients advance projects through the federal approval process for discretionary grants, transit procurement and Buy America provisions.

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Holland & KnightTeam Members (Cont.)

Jim DavisPartnerMr. Davis served in the U.S. House of Representatives for 10 years, from 1997 to 2007. While in Congress, Mr. Davis served on the Energy and Commerce Committee where he was focused on energy, telecommunications and electronic commerce, healthcare, the environment and consumer protection issues.

Rich GoldPartnerMr. Gold is the leader of Holland & Knight's Public Policy & Regulation Practice Group. Mr. Gold joined Holland & Knight in 1994 after eight years of government service, culminating in stints with Senator Lloyd Bentsen and EPA Administrator Carol Browner.

Lauri A. HettingerSenior Policy AdvisorMs. Hettinger advocates for local government municipalities' and industry's infrastructure needs, including surface transportation, water resources, economic development and Army Corps of Engineers.

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Holland & KnightTeam Members (Cont.)

Ronald J. KleinPartnerMr. Klein has worked in the private sector as a business and transactional attorney for over 25 years, as well as the public sector as an elected official in both Tallahassee and Washington, D.C. Mr. Klein's experience gives clients an added edge in having their advocate understand their issues and concerns.

Kathryn LehmanPartnerA 15-year veteran of the Hill, Ms. Lehman has significant and wide-ranging experience, having worked closely with the White House, administrative agencies, House and Senate leadership and committees, political committees and other key members of government.

Dan MaldonadoSenior Policy AdvisorMr. Maldonado has over 30 years of federal appropriations, legislative and budget experience. He has extensive expertise in Federal financing of a range of critical public policy areas, including economic development, redevelopment and transportation projects; energy, water and environmental programs.

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Holland & KnightTeam Members (Cont.)

Leslie PollnerSenior Policy AdvisorMs. Pollner focuses on several key industries, including transportation, economic development and housing. Prior to joining the firm, Ms. Pollner was the deputy mayor for federal affairs in Los Angeles under Mayor Antonio Villaraigosa.

Eve M. O’TooleSenior Policy AdvisorMs. O'Toole brings more than 20 years of federal lobbying experience, with substantial background in local government/public sector advocacy, regulatory, appropriations and policy development, and in establishing and executing local public-private partnerships and successful grassroots campaigns and coalitions.

Justin A. MaturoLegislative AssistantMr. Maturo has over 4 years of combined experience working in the U.S. House of Representatives. Prior to joining Holland & Knight, Mr. Maturo served as legislative assistant for Congresswoman Eddie Bernice Johnson.

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Holland & KnightTeam Members (Cont.)

David WhitestonePartnerDavid Whitestone is a lawyer in the Public Policy & Regulation Practice Group and oversees the provision of legal and legislative counsel services. Prior to joining private practice, Mr. Whitestone worked in the U.S. House of Representatives and was an associate staff member on the House Appropriations Committee.

Shawna WatleySenior Policy AdvisorMs. Watley has cultivated strong relationships on the federal, state and local levels of government. Prior to joining Holland & Knight, Ms. Watley served as manager of federal relations for the Dallas Area Rapid Transit and was founder and president of the Francis Group LLC, which specialized in consulting on transportation issues.