Show Me the Money: Federal Funding in a Non-Earmark World AICP CM 1.5 Earmarks are gone. Time to explore new options. Hear about the federal highway and transit formula and financing programs currently available for transit, bicycle and pedestrian projects. Discover the many competitive discretionary federal programs still available to fund surface transportation projects and sustainability activities. You'll walk away with a complete list of programs, eligibility requirements, funding levels for FY 2014, status and links for submitting applications. Jeffrey F Boothe, Chair, New Starts Working Group; Partner, Holland & Knight, Washington, DC

1. Copyright © 2012 Holland & Knight LLP. All Rights Reserved
Federal Funding 101
Rail-Volution
Minneapolis, Minnesota
September 22, 2014
Jeffrey F. Boothe
202.828.1896/jeff.boothe@hklaw.com

2. 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.
2

3. 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.
3

4. 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
4

5. Annual Budget Process - President’s Budget
5
• 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

6. Annual Budget Process - Budget Resolution
6
• 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.”

7. Annual Budget Process - Committee Activity
7
• 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

8. 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.
8

9. 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
9

10. Annual Budget Process - Outlook
10
• 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.

11. 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
11

12. Federal Highway Programs
12

13. 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
13

14. National Highway Performance Program
14
• 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

15. 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
15

16. Congestion Mitigation and Air Quality
16
• 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

17. 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
17
Safety Infrastructure Condition Congestion
System Reliability Freight Movement and
Economic Vitality
Environmental Sustainability
Reduced Project Delays

18. 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
18

19. 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
19

20. 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
20

21. 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)
21

22. 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.
22

23. Highlight of Transit Program Changes
23

24. 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
24

25. 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
25

26. 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
26

27. Bus Rapid Transit
Small 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 subarea
Includes 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
27

28. 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
28

29. 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
29

30. 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
30

31. 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
31

32. 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.
32

33. 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
33

34. 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
34

35. 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.

36. 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”

37. 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
37

38. 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
38

39. 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
39

40. 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
40

41. 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
41

42. 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
42

43. 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
43

44. Accelerated Innovation Deployment (AID) Program
44
• 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

45. Federal Railroad Administration –
FY14 Grant Application Solicitation
45
• 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

46. 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
46

47. 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
47

48. 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
48

49. Railway-Highway Crossings Program
49
• $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

50. Projects of National and Regional Significance (PNRS)
50
• 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

51. Tribal High Priority Projects Program
51
• 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

52. EPA Brownfields
52
• 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

53. Questions?
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54. Thank You!
www.hklaw.com

55. Holland & Knight - Overview
Founded in 1968, Holland & Knight is a global law firm with more than 1,000
lawyers and other professionals in 20 U.S. offices, as well as Bogotá and Mexico
City.
Among the nation's largest law firms, Holland & Knight provides representation in
litigation, business, real estate and governmental law.
Interdisciplinary practice groups and industry-based teams provide clients with
access to attorneys throughout the firm, regardless of location.
Holland & Knight has dedicated Local Government Advocacy and Transit
practices to identify key funding opportunities and guide clients through the
intricate federal funding process.
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56. Holland & Knight Offices
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Portland
Los Angeles
San Francisco
Dallas
Chicago
Boston
New York
Washington, D.C.
Northern Virginia
Atlanta
Lakeland Miami
Fort Lauderdale
West Palm Beach
Orlando
Jacksonville
Tampa
Tallahassee
Anchorage
Bogotá,
Colombia
Mexico City,
Mexico
Austin

57. Holland & Knight - Local Government Advocacy Practice
Holland & Knight’s Local Government Advocacy Team has an extensive history of
representing cities, counties, transportation agencies, education districts, housing
authorities, public utilities, and other municipal entities across the United States.
The firm assists clients in a broad range of areas, including transportation, water,
energy and environment, public safety and homeland security to housing,
community/economic development, education, workforce development, human
services, public health, tax and pension matters – touching every local
government issue.
Holland & Knight’s bipartisan team maintains strong working relationships to
Congress, the White House, virtually every federal department and agency,
national stakeholders, think tanks, and thought leaders. In addition to the firm’s
policy focus, Holland & Knight is equally matched in knowledge and expertise in
the federal funding process and the ways to successfully maneuver funding
outcomes in the current earmark-free environment.
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58. Holland & Knight - Transit Practice
Holland & Knight has more than 30 years’ experience and knowledge of federal
surface transportation programs, with a significant emphasis on public transit,
and extensive experience working with transit agencies across the United States.
Using our close bipartisan relationships, we have secured billions of dollars in
federal resources to support small and large-scale transportation initiatives
across the country, covering transit, light rail, bus and bus facilities, highway, road
and bridge and pedestrian improvement.
Holland & Knight also has an in-depth knowledge of the legislative, regulatory
and statutory provisions affecting public transit agencies. We have a strong
record of success assisting local governments, transit agencies, and
transportation authorities in securing annual appropriations, program grants,
loan, and bond financing.
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Holland & Knight
Team Members
Lisa Ann Barkovic
Senior Policy Advisor
Ms. 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. Bock
Partner
Mr. 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. Boothe
Partner
Mr. 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.

60. Holland & Knight
Team Members (Cont.)
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Jim Davis
Partner
Mr. 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 Gold
Partner
Mr. 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. Hettinger
Senior Policy Advisor
Ms. Hettinger advocates for local government municipalities' and industry's
infrastructure needs, including surface transportation, water resources, economic
development and Army Corps of Engineers.

61. Holland & Knight
Team Members (Cont.)
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Ronald J. Klein
Partner
Mr. 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 Lehman
Partner
A 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 Maldonado
Senior Policy Advisor
Mr. 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.

62. Holland & Knight
Team Members (Cont.)
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Leslie Pollner
Senior Policy Advisor
Ms. 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’Toole
Senior Policy Advisor
Ms. 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. Maturo
Legislative Assistant
Mr. 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.

63. Holland & Knight
Team Members (Cont.)
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David Whitestone
Partner
David 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 Watley
Senior Policy Advisor
Ms. 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.