Where a TE activity is for acquisition for scenic preservation purposes, and proposes to contribute to the visual experience of the traveler, but is a substantial distance away with respect to a highway or transportation project, the TE activity must be determined to make a substantial contribution to the scenic viewshed.

Given the nature of the list of eligible activities, it is not necessary that each TE activity be associated with a specific highway or transportation facility to be eligible for funding. Examples which illustrate this include; the rehabilitation of a historic train structure, the provision of bicycle and pedestrian trails, or the establishment of a transportation museum.

Proximity to a highway or transportation facility alone is not sufficient to establish a relationship to surface transportation. Additional discussion, beyond proximity, is needed in the project application to establish the relationship to transportation. For example, an historic building that happened to be adjacent to a particular highway facility would not automatically be considered eligible simply because of its location. For this to qualify, documentation would be required to demonstrate that the building=s visibility to the traveler enhances the traveling experience. Conversely, a historic structure should not be disqualified from consideration because it is not adjacent to a particular highway facility, as long as some other relationship to surface transportation can be established.

It is not necessary to have a TE activity function as an active transportation facility, either past or current, to qualify as an eligible TE activity. For example, a scenic or historic site may have a relationship to transportation but not function as a transportation facility.

Once a relationship to surface transportation is established, TE activities can be implemented in a number of ways. They can be developed as parts of larger transportation projects, as parts of larger joint development projects, or as stand-alone projects. Actions are not eligible for TE funding if the proposed action is a requirement or a standard feature routinely included in the construction of a highway or transportation facility. For example, any required environmental or cultural resource mitigation activities, sidewalks as part of urban roadway reconstruction, or other standard pedestrian and bicycle features routinely included in highway projects. TE activities may be combined with other work and funded separately (a split funded project) if the enhancement activity would not normally be funded and constructed as part of the other work. An example could be using enhancement funds to provide additional landscaping or a separate bicycle trail that may not routinely be included in a resurfacing, restoration and rehabilitation project. Routine maintenance on any type of facility is also not eligible for enhancement funding.

Environmental Requirements
All TE funded activities are subject to the National Environmental Policy Act of 1969 (NEPA). Considerable flexibility and streamlining of the NEPA process is available for TE projects, and many projects qualify as type 1 or programmatic categorical exclusions, which are documentation processes that can simplify and expedite the NEPA process. TE project applicants and sponsors are encouraged to discuss the NEPA requirements with the appropriate Florida DOT Enhancement Coordinator if not familiar with NEPA issues.

Real Estate Requirements
All TE funded construction activities must be located on property where the public has a valid property interest. A valid public interest may be out right ownership by a local government, a lease, a property easement, or a deed restriction that protects the investment of funds for the expected useful life of the project. An exception to this requirement is for enhancement projects for control of outdoor advertising which, because of the nature of outdoor advertising, permit federal funds to be utilized for the removal and control of outdoor advertising signs which are located on private property. Another exception relates to the preservation, rehabilitation, or operation of historic sites. Projects of this nature may be undertaken on private property if proper deed restrictions and/or use agreements are obtained to protect the public property interest.
The general rule of thumb for the public property interest involving significant federal investments is that the public interest in, and access to the activity should be in perpetuity. However, the extent of real property interest needed for the protection of the public interest in the expenditure of TE funds is somewhat dependent on the nature and magnitude of the expenditure. For example, if the project were simply to provide a gravel parking lot to be used to enhance a transportation use on lands under state ownership, a limited property use agreement would be sufficient. An expenditure of $5,000 for a gravel parking lot with an agreement that the lot would be retained in that use for 5-7 years would seem to be reasonable.
The expenditure of $1,000,000 to rehabilitate a historic train station would require a much longer time period to amortize the public investment. It would not be appropriate to spend the money to enhance the train station without a commitment that it would not be demolished, the historic integrity destroyed the next year, or the planned use for which the award was granted substantially changed. Major expenditures warrant that consideration be given to how, following the investment, the property will be maintained and what will be the source of financial resources for necessary repair, renewal and rehabilitation.
It is important that the applicant discuss how and for what purposes the property will be utilized following the rehabilitation. Where properties are to be leased with the income going to the applicant, it is appropriate that consideration be given to a portion of the proceeds going to the future maintenance of the structure with accounting consideration to allow for reserve funds for replacements.
Acquisition of real estate for TE projects is subject to the Federal Uniform Relocation Assistance and Acquisition Policies Act. The requirements of the Act apply regardless of the funding source for the actual acquisition. Conformity with the Uniform Act is not an issue or requirement for property already in public ownership, but will apply to all acquisitions that take place after it is planned or anticipated to use TE funds in any phase of the project. Proposed enhancement projects that are located on property not currently in public ownership should be coordinated with the Florida DOT Right of Way personnel.

Design and Construction Requirements
The implementation of TE projects may be undertaken by the Florida DOT , a local government, or, in some cases, by a private non-profit organization. Design guidelines vary for each TE activity, and many are listed under the specific TE activity requirements. Design requirements as well as requirements for plan and specification documents will depend on the organization performing the work. If the TE project is implemented by an organization other than the Florida DOT, these requirements will be outlined in an agreement between the Florida DOT and that organization. Design and construction contracting must comply with federal acquisition procedures. Funding provided through the TE program is based on a reimbursement process that requires prior approval and authorization of any work activity for it to be eligible for reimbursement, with the reimbursement coming after an expenditure has been made by the implementing organization.

Maintenance and Operations Requirements
TE funds are generally not to be used for the operation and/or long term maintenance of eligible TE activities. The exception to this provision is the TE activity for rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). Funding may be available for the operations of such facilities for limited periods of time. This could include all reasonable costs for the facility to function including administrative costs, costs of utilities and rent, and other costs associated with the continuous operations of the facility. The determination of what constitutes reasonable costs and the duration of this funding will need to be agreed to by the Florida DOT.
All TE projects for acquisition or construction efforts must be maintained and/or operated for the intended project purpose to protect the public investment. This is usually the responsibility of the project sponsor or the organization that owns the property on which the TE project is located. A written maintenance agreement will be required before funding is made available for the TE project. The maintenance agreement should outline the strategies for upkeep and operation for the expected or reasonable service life of the project.
The future maintenance of a project is similar to the protection of the public interest the property.
The general rule of thumb on maintaining projects involving significant federal investments is that the facility be preserved so that it will perform its function throughout the anticipated service life of the project. Establishing a service life for the time period that a facility must be maintained is somewhat dependent on the purpose of the project and the magnitude of the expenditure. For example, if the project were simply to provide $5,000 for a gravel parking lot to be used to enhance a transportation use, a limited service life would be sufficient and preservation of the gravel parking lot for 5-7 years would seem to be reasonable. The expenditure of several million dollars to provide a new multi-use trail would have a much longer anticipated service life. It would be reasonable to expect a facility like this to be preserved for a period of 12-20 years to amortize the public investment.

Specific Transportation Enhancement Activity Requirements
Provision of facilities for pedestrians and bicycles
Bicycle/pedestrian facilities must meet or exceed standard provisions for the safe accommodation of non-motorized users on or along roadways, as indicated in the Department's approved design standards. Facilities for pedestrians and bicycles are not eligible for enhancement funding when, in accordance with Department design procedures, they should be included as incidental or routine components of other transportation projects. Sidewalks, bike lanes, paths and other elements typically called for in state and federal guidelines are to be included in all roadway and transportation projects when warranted. Enhancement funds can be used to augment such projects, complete gaps on existing corridors, link existing facilities, and otherwise help complete a comprehensive system.
Bicycle/pedestrian facilities must meet the most recently approved planning and design requirements of the following: (1) American Association of State Highway Transportation Officials (AASHTO): Guide for the Development of Bicycle Facilities, (2) FDOT: Florida Bicycle Facilities Planning and Design Handbook, (3) FDOT: Pedestrian Facilities Planning and Design Handbook, (4) the Americans with Disabilities Act Architectural Guidelines and (5) FDOT: Plans Preparation Manual.
Bicycle/pedestrian facilities must be supported by a local or regional plan where applicable. All bicycle/pedestrian facilities and their features must be available and accessible to the general public during hours of operation.
Examples of Qualifying Activities.

New facilities:
-Separate bicycle paths/multi-use trails
-Feeder routes
-Bicycle/pedestrian grade separations
-Bicycle parking facilities
Improvements along existing roadways:
-paved shoulders
-bike lanes
-sidewalks (including sidewalks that complete systems identified in a community pedestrian plan)
-drainage modifications to accommodate bicycle/pedestrian facilities
Amenities such as:
-seating
-pedestrian lighting
-informational signage and/or kiosks
-parking
-handrails
-rest rooms
-bicycle lockers and showers
-bike racks on transit vehicles or at transit facilities

Examples of Non-Qualifying Facilities.

-Construction activities within roadway corridors that have road construction activities programmed in the five-year work program for similar work.
-Replacement or reconstruction of existing sidewalks, paths and paved shoulders.
-Retrofitting existing pedestrian or bicycle facilities for the sole purpose of meeting ADA requirements or to meet any other state or federal requirement.
-Installation of street lighting or traffic signals that are not warranted solely for bicycle/pedestrian needs.
-Bicycle paths/multi-use trails completely contained within a single land use (such as a loop trail or exercise path within a park) that are not serving as an basic segment of a connected pedestrian or bicycle travel network.

Provision of safety and educational activities for pedestrians and bicyclists.
This includes non-construction safety-related activities and the reasonable costs to provide safety and educational activities such as bicycle and pedestrian safety training, cost of facilitators and classes. It may also include related training materials such as brochures, videotapes, other training aids, as well as rent for leased space and limited staff salaries. Long term salary participation should be avoided. TE proposals should be written to reflect a definitive period for participation. When salaries are proposed as part of the TE project, they should be negotiated as part of the local buy-in to the project.
The funded activities must be accessible to the general public or targeted to a broad segment of the general public. The activities must show a relationship to the surface transportation system, and as with all bicycle and pedestrian activities under the TE program, bike and pedestrian projects need not be located on Federal-aid highway routes, and are for non-construction activities. The development of campaigns, programs, educational materials including maps and brochures, and pedestrian and bicycle enforcement activities are encouraged to integrate safety messages and educational opportunities for bicyclists and pedestrians. These activities should be coordinated with other safety programs and funding opportunities provided through local Community Traffic Safety Programs.

Acquisition of scenic easements and scenic or historic sites.
This category may be applied to the purchase, donation, transfer, or trade of lands which possess significant aesthetic, historic, archaeological, cultural, natural, visual, or open space values, including, but not limited to, land and property listed in or eligible for listing in the National Register of Historic Places.
For the acquisition of historic sites, the proposed historical or archaeological resource must be listed or potentially eligible for listing on the National Register of Historic Places (NRHP) as determined by the State Historic Preservation Officer (SHPO).
Project sponsors should be especially aware of the Real Estate Requirements applicable to all TE activities when proposing this type of project.

Scenic or historic highway programs, (including the provision of tourist and welcome center facilities).
This category covers protection and enhancement of state or federally designated scenic or historic highways. Funds may be used for projects that will protect and enhance the scenic, historic, cultural, natural, and archaeological integrity and visitor appreciation of an existing highway and adjacent area.
Projects to be funded under this category for scenic or historic highway activities will be determined eligible only if the application provides documentation that the highway is: 1) designated as scenic or historic by state or federal legislation; or 2) designated or determined to be eligible for designation through Department's Scenic Highways Program (Section 335.093, F.S.). Highways designated and approved through Department's Scenic Highways Program are intended to preserve, maintain, and protect a part of Florida's cultural, historical, and scenic resources.
Examples of scenic or historic highway projects include: interpretive plaques or restoration of historic lighting standards; historic aesthetic treatment on retaining walls and guardrails; aesthetically pleasing bridge rails for use on scenic highways or in areas of high visual sensitivity; or the development of corridor management plans required for designation through the Scenic Highways Program.

Tourist and welcome center facilities do not have to be on a designated scenic or historic byway, but there must be a clear link to scenic or historic sites. This connection should take into account the intrinsic characteristics that make an area or site scenic or historic. A historic site should have evidence of documented consultation and concurrence with the State Historic Preservation Officer or similar authority for determining the historicity of a particular site.

The eligibility for TE funding for the provision of tourist and welcome centers applies to both existing and new centers. This means that TE funds may be used for the construction of a new facility and/or the restoration of an existing facility. This would include those related construction actions necessary to provide the facility, such as interior fixtures and parking areas. TE funds can be used to purchase and install items which support or interpret the scenic or historic highway program or site including brochure racks for interpretive materials or maps or kiosks. TE funds cannot be used for statewide programs, marketing, or promotion not related to the scenic or historic highway program. TE funds cannot be used for staffing, operating costs, or maintenance. TE funds should not be used to purchase items such as racks for advertising or brochures for local or national businesses.

The intent is not to use the category to simply repair and restore what are clearly rest areas. The intent is to fund those activities clearly linked to scenic or historic programs or scenic or historic sites.

The tourist or welcome center does not have to be immediately adjacent to an existing Federal-aid highway facility. However, where it is determined that a proposed tourist or welcome center would not be in connection with a particular Federal-aid highway facility, the requirement to demonstrate a relationship to surface transportation must still be taken into consideration. Additionally, evidence of a connection to a scenic or historic site must be established. An example could include efforts and materials to direct members of the traveling public to a specific local area site deemed to be of scenic or historic significance. The visitor or welcome center should be publicly owned and open to the public.

Landscaping and other scenic beautification.
This category includes landscape planning, design, and construction projects which enhance the aesthetic or ecological resources along transportation corridors, points of access, and lands qualifying for other categories of transportation enhancement activities.
Enhancement funds shall not be used for any required customary landscaping or aesthetic treatments as part of the normal construction or reconstruction of transportation facilities.
Landscape projects must be developed in accordance with Highway Landscaping, Chapter 14-40, Florida Administrative Code; Roadway and Traffic Design Standards, (Indexes 545,and 546); and FDOT's Plans Preparation Manual, and Florida Highway Landscape Guide.

Historic preservation.
Projects in this category should enhance the transportation system by improving the ability of the public to appreciate the historic significance of the project itself or the area to be served by the project. Funds may be used for the identification, evaluation, recording, documentation, curation, acquisition, protection, rehabilitation, interpretation, and restoration or any combination of the foregoing, of any historic or archaeological district, site, building, structure, landscape, or object included in or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Officer (SHPO). Projects in this category may satisfy the eligibility requirement of relationship to the surface transportation system through a pronounced visibility from the transportation system or by providing a conspicuous or prominent impact on the traveling experience. Projects whose features are the basis of scenic or historic highway designation also meet the relationship requirement.
Projects must have either a professional Historian, Architectural Historian, Historic Architect, or Archaeologist meeting federal qualifications as outlined in 36 CFR 61, Appendix A, Professional Qualifications Standards, serving in a principal capacity on the project.
The proposed preservation activities must be consistent with the historical value of the facility. A consistency determination must be obtained from the SHPO.
Protection, rehabilitation, restoration, maintenance, management, and stabilization projects must adhere to historic or archaeological preservation principles. All rehabilitation and restoration work must meet the Secretary of the Interior's Standards for Historic Preservation Projects.
Identification, evaluation, documentation, and recording projects must adhere to the following requirements:

Historic site survey work must meet the Secretary of the Interior's Standards for Identification and Evaluation, including all applicable federal, state, and local standards;
Documentation and recording must meet the standards of the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation;
Historical documentation must be conducted according to the Secretary of the Interior's Standard for Historical Documentation; and
Archaeological surveys must meet the Secretary of the Interior's Standards for Identification, Evaluation, and Archaeological Documentation.

Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).
Historic transportation buildings are buildings or structures associated with the operation, passenger and freight use, construction, or maintenance of any mode of transportation where such building is listed in or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Officer (SHPO).
Structures and facilities include tunnels, bridges, trestles, embankments, rails, or other guideways, rolling stock, canal viaducts, tow paths, locks, lighthouses, stations, and other manmade transportation features integrally related to the operation, passenger and freight use, construction, or maintenance of any mode of transportation.
Rehabilitation means the process of returning the property to a state which makes possible a contemporary use while preserving the significant historic features of that property.
Operation means the provision of access and service in a manner related to both the continuation of contemporary transportation or non-transportation use consistent with the historic character of the property and open to the general public on a not for profit basis.
Projects must have either a professional Historian, Architectural Historian, Historic Architect, or Archaeologist meeting federal qualifications as outlined in 36 CFR 61, Appendix A, Professional Qualifications Standards, serving in a principal capacity on the project.
The proposed rehabilitation or operation activities must be consistent with the historical integrity of the facility and a "no adverse effect" determination should be obtained from FHWA and SHPO before placing the proposed activity in the work program. Rehabilitation work must meet the Secretary of the Interior's Standards and Guidelines for Rehabilitation.

Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails).
This category includes the planning, acquisition, rehabilitation and development of corridors for public uses including bicycle and pedestrian use. It permits the development and rehabilitation of privately owned rail corridors open to the general public without charge.
Project sponsors should be especially aware of the Real Estate Requirements applicable to all TE activities when proposing projects for acquisition or preservation.
Project sponsors should also be aware of the Environmental Requirements and potential cost that sometimes are associated with environmental clean-up on portions of rail corridors.
Projects that are for converting railway corridors to pedestrian or bicycle trail must also meet the design standards listed under specific requirements for Provision of facilities for pedestrians and bicycles.

Control and removal of outdoor advertising.
This category covers expenditures for the removal of existing signs, displays, and devices. Projects must comply with a legal process that bases payments for removal on an equitable appraisal.
Normally, signs to be removed must be non-conforming (not in compliance with the requirements of Chapter 479, Florida Statutes, or Chapter 14-10, Florida Administrative Code) to be a qualifying activity. However, any lawfully erected signs on a designated scenic highway may be eligible for removal as a qualifying activity if local governments have provided by ordinance that the signs removed may not be re-erected on the scenic highway.
All qualifying activities to remove outdoor advertising signs must comply with the requirements of the Federal Uniform Relocation Assistance and Real Property Acquisition Policy Act.

Archaeological planning and research.
This category includes, but is not limited to, research on sites eligible for transportation enhancement funds; experimental projects in archaeological site preservation and interpretation; planning to improve identification, evaluation, and treatment of archaeological sites; development of national and regional research designs; and data recovery and synthetic research. Projects should be used for research or interpretation of sites associated with transportation facilities. This category is not for routine excavations.
Projects that deal with a specific historical or archaeological resource must be for a resource that is listed or potentially eligible for listing on the National Register of Historic Places (NRHP) as determined by the State Historic Preservation Officer (SHPO).
Projects must employ or include a professional serving in a principal capacity that meets federal qualifications for Archaeology as outlined in 36 CFR 61, Appendix A, Professional Qualifications Standards.
For preservation or interpretation activities, a current or realistic planned use or protection consistent with the historical or archaeological value of the site must be provided/discussed in the application.
All surveys must meet the Secretary of the Interior's Standards for Identification, Evaluation, and Archaeological Documentation;

Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity
The mitigation to address water pollution due to highway runoff is limited to facilities and programs minimizing pollution from storm water runoff above required mitigation or permitting regulations on highway facilities not classified as local roads. Projects that demonstrate aesthetic and ecological methods for mitigation and enhance recharge are encouraged. Examples of such projects for the area of water quality improvement in this category of TE funding include:
-Retrofitting an existing highway by creating a wetland to filter highway runoff based on the impacts from the road in terms of water pollution.
-Improving streams and drainage channels through landscaping to promote filtering and improve the overall water quality conditions of receiving channels.
-Providing payment in-kind for existing highway water quality impacts that warrant mitigation to regional or watershed-based planned improvement projects.
The selection of projects related to highway runoff should be based on documentation that supports a water quality impairment directly related to highway runoff which indicates the severity of that problem. This can be accomplished by (1) providing water quality data such as sediment loads, heavy metals, inorganic salts, and oil and greases or by providing pictures identifying the source of problem, (2) documenting impacts including fish kills and algae growth, or (3) providing other sufficient documentation.
Many projects in this category will require a monitoring plan to measure the success of the proposed project. The project sponsor should demonstrate the ability to implement and monitor the success of the mitigation proposal prior to project selection and programming. Monitoring requirements should be included as part of any maintenance agreement for the project.
Mitigation to reduce the loss of wildlife while maintaining habitat connectivity is not limited to threatened and endangered species, but includes any wildlife mortality directly caused by vehicles. The determination of need for a wildlife crossing or control project in a specific location should be based on migration patterns, habitat use and distribution, and crossing characteristics of the wildlife through data collection on safety of motorists, habitat fragmentation, and wildlife mortality. Examples of projects eligible for funding in this TE category include:

-Projects designated as wildlife underpasses or overpasses .
-Measures at areas identified as crossings for wildlife, which include the necessary fencing and other markings and mitigation techniques associated with movement of wildlife across transportation corridors.
-Bridge extensions to provide or improve wildlife passage and wildlife habitat connectivity.
-Monitoring and data collection on habitat fragmentation and vehicle-related wildlife mortality.
Coordination with and the support of the Florida Game and Fresh Water Fish Commission is highly recommended prior to selecting or implementing any projects under this enhancement activity.

Establishment of transportation museums.
Transportation Museums established using TE funds must meet the following definition of a museum. The facility must; (1) be a legally organized not-for-profit institution or part of a not-for-profit institution or government-entity; (2) be essentially educational in nature; (3) have a formally stated mission; (4) have one full-time paid professional staff member who has museum knowledge and experience and is delegated authority and allocated financial resources sufficient to operate the museum effectively; (5) present regularly scheduled programs and exhibits that use and interpret objects for the public according to accepted standards; (6) have a formal and appropriate program of documentation, care, and use of collections and /or tangible objects; and (7) have a formal and appropriate program of presentations and maintenance of exhibits.
Establishment of transportation museums may provide funding of capital improvements. The funds are not intended to reconstruct, refurbish, or rehabilitate existing museums, nor portions of museums, that are not for transportation purposes. It does not cover operations or maintenance of the facility. The museum must be related to surface transportation. Establishment of transportation museums may include the costs of the purchase of artifacts necessary for the
creation and operation of the facility. Displays, segments of buildings, or objects not directly related to transportation may not be funded with TE funds. TE funds may be used to build a new facility, add on a transportation wing to an existing facility, or convert an existing building for use as a transportation museum.
The museum must be open to the public and run by a public, non-profit or not-for-profit organization meeting the definition of museums stated above in this section. If entrance fees are charged for the museum a portion of the fee should be provided for the long term maintenance and operation of the facility.
TE funds may not be used to preserve aircraft or create an airport or air museum. Objects or structures related to aviation are not normally eligible for TE funds. Landscaping and other eligible TE activities may be appropriate for consideration for the road leading to an aviation facility.