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STEPS FORWARD

TRANSPORTATION -- PUBLIC LAW NO. 105-178

On June 9, 1998 President Clinton signed the Transportation Equity Act for the 21st Century (or TEA-21) authorizing federal highway, highway safety, public transit, and other surface transportation programs for the next six years. Although the bill was criticized for its high levels of spending and the 1,850 individual transportation projects (sometimes called "pork barrel projects") included within it, TEA-21 is much more than just a budget-busting highway bill with high levels of pork; it is also an important piece of environmental legislation.

TEA-21 builds upon, and to a certain degree institutionalizes, the innovative program structure introduced in the landmark Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Some of the most notable provisions on this law include:

• Preservation of program structure and funding flexibility. One of the most important environmental accomplishments in enacting TEA-21 was the preservation of the program structure created in ISTEA. TEA-21 maintains a strong emphasis on a balanced transportation system with programs dedicated to such important needs as mass transit, preservation of existing infrastructure, safety, and the environment, as well as highways. TEA-21 also retained the ability to transfer funds between funding categories. This provision was designed to ensure that state and local communities have the flexibility to create solutions that best meet their transportation needs.
  
  
• Funding increase for the Congestion Mitigation and Air Quality (CMAQ) program. CMAQ, first introduced in ISTEA, provides funding to help state and local governments meet national clean air standards. In TEA-21, the CMAQ program will receive an increase in both the absolute dollar amount and the share of the total spending compared to ISTEA.
  
  
• Funding increase for Transportation Enhancements. Although not a large percentage of total funding, the Enhancements Program is extremely popular because it provides dedicated support for highly visible, community-based projects, such as bike and pedestrian trails and historic preservation. Over the life of the 6-year bill, the Enhancements Program will also receive an increase in both the absolute dollar amount and the share of total spending compared to ISTEA.
  
  
• Improvements for bicycle and pedestrian facilities. Compared to its predecessor, TEA-21 more fully recognizes bicycle and pedestrian facilities as part of the national transportation system. New provisions will allow funds previously earmarked for other purposes to be used for off-roadway safety improvements for bicycle facilities, bicycle and pedestrian trails, pedestrian walkways. Also, under TEA-21, the safety of bicyclists and pedestrians will be considered in designing new or reconstructing existing facilities.
  
  
• Preservation of critical metropolitan and statewide planning requirements. TEA-21 also retains the key safeguards of the metropolitan and statewide planning processes that were at the heart of ISTEA. These include public participation in the transportation planning process, fiscally constrained transportation plans, transportation plans that address multiple modes of transportation (i.e., transit and bicycle and pedestrian facilities, as well as highways), and the inclusion of numerous stakeholder groups in the planning process.
  
  
• New initiatives. In addition, TEA-21 has several new programs that benefit the environment. These include a pilot program to improve the integration of land use and transportation planning, a job access program to use transit to move people from welfare to work, and a clean fuels program for mass transit systems.

TEA-21 includes a number of other positive environmental provisions. These include: high levels of dedicated funding for transit; a Value Pricing Pilot Program, which will use market-based user fees to help reduce congestion and air pollution and promote energy efficiency; and the Federal Lands Highways Program which will provide funding for Native American Reservation Roads, Park Roads and Parkways, Public Lands Highways, and Refuge Roads.

Unfortunately, as this bill was being passed by Congress, it was loaded with a number of unrelated anti-environmental riders, including provisions that would undermine a critical clean air program to protect air quality in National Parks and promote the use of motorized vehicles in Minnesota's Boundary Waters Canoe Area. Though neither measure was openly debated or voted upon in Committee or on the House or Senate floor, both were forced into law.

Overall, TEA-21 provides an excellent tool to create a diverse and environmentally sustainable transportation system for the 21st century. However, it is only a tool. Its effectiveness will ultimately depend on the involvement of citizens, and the commitment of the federal, state, and local governments and metropolitan planning organizations that are charged with its implementation.

WILDLIFE REFUGES -- PUBLIC LAW NO. 105-57

On October 9, 1997, President Clinton signed into law legislation to reform the way America's wildlife refuges are managed. This legislation, the National Wildlife Refuge System Improvement Act of 1997, is a compromise that was crafted out of negotiations between the administration and congressional party leaders.

Established by President Teddy Roosevelt in 1903, the National Wildlife Refuge is home to many threatened species of fish and wildlife. Today, there are 509 national wildlife refuges in the United States. Over time, these refuges have suffered from poor stewardship and inadequate protection, leaving them sorely in need of management reform. The National Wildlife Refuge System Improvement Act is the first wildlife management reform bill to be signed into law in 30 years.

While this law is not perfect, it will advance protection of critical wildlife refuges. Among other things, this law:

• Recognizes conservation as the primary purpose of the wildlife refuge system. Perhaps its most important provision is one which expressly requires the Secretary of Interior to preserve biological diversity and environmental health in wildlife refuges. With this provision, wildlife refuges join national forests as the only network of federal lands statutorily directed to conserve diversity.
  
  
• Improves management policies and guidelines. Under this legislation, the wildlife refuge system will for the first time ever have a clearly articulated mission statement. The law also establishes duties and obligations for the continued health of the refuge system. It requires the Secretary of the Interior to plan for expansion of the system and plan for the future of individual refuges, including monitoring fish and wildlife populations within each refuge. It also will improve the science on which management decisions are made.
  
  
• Requires that recreational uses must be "compatible" with conservation. In adherence to its focus on conservation, this law will discourage uses of the refuge that threaten wildlife, such as jet skiing and boating. It also establishes a formal and public process to determine which uses of the refuge should be allowed.

This legislation, however, is by no means perfect. It still contains a heavy focus on recreational refuge activities, such as hunting, fishing, and bird watching, when conservation programs are needed more than ever. Nevertheless, it contains safeguards to prevent abuse of these activities and to protect the conservation mission of the wildlife refuge system. As a whole, this law is a significant step in the direction of conservation and will forever change the face of wildlife refuges.