FWIW. off-highway light trucks also contribute to the fund and that class includes SUVs, F-150, F-250, etc. So by driving a F-250, an Explorer, and my son's Grand Cherokee, I'm contributing!
Geoff
=======================================
Subject: RE: Source of RTP Funding
Date: Wed, 14 Oct 2009 07:33:06 -0400
From: <
Christopher.Douwes@dot.gov>
To: <
geoffrey.orth@alaska-trails.org>
References: <
4AD4FB4A.1070703@alaska-trails.org>
Good morning Mr Orth.
As noted on our Recreational Trails Program (RTP) website,
www.fhwa.dot.gov/environment/rectrails/: The RTP funds come from the
Federal Highway Trust Fund, and represent a portion of the motor fuel
excise tax collected from nonhighway recreational fuel use: fuel used
for off-highway recreation by snowmobiles, all-terrain vehicles,
off-highway motorcycles, and off-highway light trucks.
I'll provide a tediously boring explanation about how the funding
proportions came about and how they operate.
The legislation authorizing the RTP,
www.fhwa.dot.gov/environment/rectrails/legislation.htm, specifies how
States may use the funds. In terms of the minimum shares for diverse
use, motorized use, and nonmotorized use, that is specified in 23 U.S.C.
206(d)(3), see
http://www.fhwa.dot.gov/environment/rec ... on.htm#use. The
provision specifying percentages for diverse, motorized, and
nonmotorized use has been in effect since the beginning of the original
National Recreational Trails Fund Act in 1991 (which was part of the
Intermodal Surface Transportation Efficiency Act of 1991). A primary
reason cited for this provision is that the motorized recreation
interests realized they never would have gotten any legislation enacted
unless the nonmotorized recreation interests would have seen a reason to
support the program. The 40-30-30 formula came about as a result of a
lot of discussion and compromise among many trail interests, with
significant opposition from several national advocacy organizations that
opposed having any program that would allow funding any motorized use.
Of the funds apportioned to each State, each State must use the funds as
specified in the law. The Federal Highway Administration (FHWA) guidance
on this provision is here:
http://www.fhwa.dot.gov/environment/rec ... 1.htm#rtp7. The FHWA
does not "allocate" the funds: the funds are apportioned to the States
by statutory formula, and the States must choose projects in a manner to
comply with the provisions specified in the law. The FHWA does not
"justify" the formula; the FHWA implements the law as the Congress
enacted it.
Until 2005, there was a provision that a State Trail Advisory Committee
could waive the motorized (or nonmotorized) requirement if there were
not enough eligible projects to meet the requirement. Some States had
100% nonmotorized programs (I heard one was changing its eligibility
criteria every time a motorized project appeared to be eligible). For
that reason FHWA advocated a provision to eliminate this waiver and the
national trail interest organizations realized that if States shut out
the motorized users, then the program was not fair for those who were
funding it. The provision to eliminate the waiver was enacted in 2005.
Many States have 70% nonmotorized / 30% motorized programs. There has
been talk about adjusting the formula to be more "fair" for the
motorized users who are paying for the program; several motorized
organizations have suggested ideas. But when they come together, the
national trail organizations are not willing to "rock the boat" by
advocating a new formula. As a result, no formal proposals have been
drafted. Furthermore, it is unlikely that any change would be accepted
by Congress.
I hope this rather tedious explanation answers your questions.
-----Original Message-----
From: Geoffrey Orth -- Alaska Trails
[mailto:
geoffrey.orth@alaska-trails.org]
Sent: Tuesday, October 13, 2009 6:12 PM
To: Douwes, Christopher (FHWA)
Subject: Source of RTP Funding
Hi Christopher,
By way of an introduction, I am with Alaska Trails, a state-wide
non-profit and your name was given to me our former board president,
Jack Mosby.
I am involved in an online discussion regarding the source and
allocation of funds for the Recreational Trail Program
(
http://www.snowtravelers.org/viewtopic.php?f=12&t=3899). I was under
the assumption that funds were derived from a fuel tax on highway
vehicles, but it seems that the primary source is estimated OHV usage.
If that is correct, how can FHA justify allocating 30% to non-motorized
projects/activities?
Thanks for your help,
Geoff