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Attachment D-10172106 <br />6. Preliminary and construction engineering are ineligible for enhancement funding. Land acquisition <br />necessary for preserving abandoned railroad corridor is eligible for reimbursement If the property is <br />being acquired for the provision of pedestrian and bicycle trails. Appraisal fees, legal frees, and <br />other costs associated with acquisition of right-of-way are ineligible. <br />Applicants must be able to demonstrate the ability to effectively acquire any right-of-way needed for <br />their transportation enhancement project. Acquisition of property may be secured through direct <br />purchase, donation, easement, or a combination thereof. Applications will be favored that show an <br />achievable and realistic plan for acquisition. <br />SAFETEA-LU requires that Enhancement funds not be used to implement mitigation of the adverse <br />impacts associated with implementation of other transportation projects. According to the FHWA, <br />environmental measures conducted as routine or customary elements of transportation projects or <br />those provided to mitigate project impacts in compliance with the requirements of environmental, <br />historic preservation, or other laws are not eligible for Enhancement funding. Enhancement <br />activities are over and above normal transportation projects. Typically, a normal transportation <br />project involves mitigation, including landscaping, other permit requirements, and provisions <br />negotiated as a condition of obtaining a permit for the transportation project. If this proposal is an <br />enhancement to a larger project, check the environmental document for these items - Is the <br />proposed enhancement part of the project description? Is it listed as mitigation? If so, the activity <br />would not be "over and above" a normal project. <br />9. All federal aid projects must undergo a successful environmental review and clearance to be <br />awarded. Typical environmental document paths vary in complexity and take a variety of forms <br />(e.g. Project Memorandum, Project Path Report, Environmental Assessment, etc.). Depending <br />upon the environmental path required, applicants must demonstrate and document how their <br />project impacts existing environmental, historical, cultural, and social resources. Impacts to these <br />resources should be first avoided, then minimized, and mitigated if they cannot be avoided and/or <br />minimized. <br />10. There are significant state and federal project processing requirements that come with federal <br />funds. These requirements translate into expenditures of time and money on the parts of both the <br />agency proposing the project and the agency administering the federal funds for the project. <br />Successful applicants must consider a number of state and federal regulations and requirements <br />during project development and implementation. <br />State statutes require all federal funds to be administered by an eligible fiscal agent. Cities over <br />5,000 in population, counties, state agencies, and Indian Tribal Governments may apply directly for <br />federal aid. Cities under 5,000; townships; and quasi governmental and private non-profit entities <br />may apply but require sponsorship from a state agency or county. Projects are subject to specific <br />standards during the design and construction stages. <br />Applicants are expected to maintain and comply with Americans with Disabilities Act (ADA), Davis- <br />Bacon and Copeland Acts, and other anti-discrimination laws at the state and federal level in the <br />development of their projects. Further, applicants must agree to operate and maintain facilities <br />constructed with federal transportation funds for the useful life of the improvement and not change <br />the use of any right of way acquired without prior approval from the FHWA. Most physical <br />conditions and total reconstructions are considered by the FHWA to have useful lives of 20 years. <br />Bridge constructions and total reconstructions have useful lives of 50 years. <br />