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Forest Highways (FH)

The Forest Highways Program provides funding to resurface, restore, rehabilitate, or reconstruct designated public roads that provide access to or are within a National Forest or Grassland. The program is administered by the Federal Highway Administration’s (FHWA) Federals Lands Highway Office, in partnership with the USDA Forest Service (FS) and 41 State Departments of Transportation, in accordance with tri-agency agreements in each state.

Funding is provided for the planning, design, construction, reconstruction, or improvement of designated Forest Highways—including bridges—that provide access to or are within a unit of the National Forest System. Funds can also be used to purchase transit vehicles and design, operate, and maintain public transit facilities on public lands. Additionally, funds can be used to pay for any transportation project authorized in Title 23. SAFETEA-LU added three new eligible activities for Forest Highway funds: Maintenance, Hunting and Fishing Access Signs, and Aquatic Organism Passage projects.

Background

Congress created National Forests in 1891. The present day National Forest System consists of 155 National Forests and 20 Grasslands, which covers 192 million acres in 44 States, Puerto Rico, and the Virgin Islands. The 1916 Federal-Aid Road Act provided funds for forest roads and trails serving National Forests. The Federal-Aid Highway Act of 1921 divided forest roads and trails into a) Forest Highway and b) Forest Development roads and trails. Forest highways are public roads that are owned by State or local agencies and serve the National Forest system. They should not be confused with forest development roads which are owned by the Forest Service. Forest highways are designated by FHWA's Federal Lands Highway Division Engineers in consultation with State departments of transportation, local agencies, and the Forest Service.

A 1977 General Accounting Office (GAO) report directed the FHWA and the Forest Service to jointly assure that transportation needs of the National Forest system were adequately considered when projects were being selected. This resulted in an amendment to the FH definition in the Federal-Aid Highway Act of 1978, and also to the issuance of an amended 23 CFR 660A in 1982.

Section 126 of the 1982 STAA (Public Law 97-424) provided for allocating FH funds according to relative needs of the National Forest system instead of apportioning FH funds to the States.

Section 1032(a) of the 1991 ISTEA stipulated in amended 23 U.S.C. 202 that 66 percent of the allocated Public Lands Highways Program funds shall be allocated for FH routes in accordance with the formula established in Section 134 of the 1987 STURAA with equal consideration given for funding roads providing access to and within the National Forest system as identified by the Secretary of Agriculture through renewable resource and land use planning and the impact of such planning on transportation facilities. The conference report also directed that these funds be allocated by Forest Service Regions.

TEA-21 and SAFETEA-LU continued the FH allocation procedure established in ISTEA, and currently found in 23 U.S.C. 202(b)(2), as amended by section 1119(d) of SAFETEA-LU.

Transportation Facilities within the National Forest System

There are approximately 30,000 miles of public roads designated as Forest Highways. The vast majority of these roads are under the jurisdiction of States (45%) or Counties (48%), with the remainder under the jurisdiction of the FS. Approximately 74% of the roads are paved. The remaining 26% are gravel or native material. The transportation system also includes 4,214 bridges.

Statutory References

23 U.S.C. 202, 203 & 204; SAFETEA-LU, Sections 1101(a)(9)(D) and 1119(m)

Period of Availability

In accordance with 23 U.S.C. 118, FH funds shall remain available for obligation for three years after the last day of the fiscal year in which the funds are authorized.

Federal Share

In accordance with 23 U.S.C. 204(b), the Federal share of the costs for any project eligible under this program is 100 percent.

Obligation Limitation

The FH funds are subject to obligation limitation; however, 100 percent obligation authority is provided with the allocation of funds for the selected projects. The obligation limitation reduces the available funding for the program under the provisions of SAFETEA-LU Section 1102(f).

Eligibility

Under the provisions of 23 U.S.C. 202(b)(2)(A), the funds shall be allocated in accordance with section 134 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 202 note; 101 Stat. 173). Furthermore, the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through -

1. renewable resource and land use planning; and
2. Assessments of the impact of that planning on transportation facilities.

In accordance with 23 U.S.C. 204(b)(5), the FH funds are available for "any kind of transportation project eligible for assistance under Title 23, United States Code, that is within, adjacent to, or provides access to" National Forest System lands. Under the provisions of 23 U.S.C. 204(b)(1)(A), the FH funds are available for transportation planning, research, engineering, and construction of Forest Highways. Under the provisions of 23 U.S.C. 204(b)(1)(B), the FH funds are also available for operation and maintenance of transit facilities located on Forest Highways.

Under 23 U.S.C. 204(h), eligible projects under the FH program may also include the following:

• Transportation planning for tourism and recreational travel, including the National Forest Scenic Byways Program, Bureau of Land Management Back Country Byways Program, National Trail System Program, and other similar Federal programs that benefit recreational development.
• Adjacent vehicular parking areas.
• Interpretive signage.
• Acquisition of necessary scenic easements and scenic or historic sites.
• Provision for pedestrians and bicycles.
• Construction and reconstruction of roadside rest areas, including sanitary and water facilities.
• Other appropriate public road facilities such as visitor centers as determined by the Secretary.
• A project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona.

Program Administration

In each state, the Forest Highway Program is jointly administered by the FS, the FHWA, and the respective state transportation agency in that state. A memorandum of agreement defines the roles and responsibilities of each partner. Forest Highway projects are selected and developed under tri-agency partnerships. There are 41 partnerships involving the U.S. Forest Service regions, FHWA Federal Lands Highway Divisions and the 41 State members of the American Association of State Highway and Transportation Officials.

The FHWA Federal Lands Highway Divisions undertake about 80% of the design and construction projects, and perform the corresponding oversight. They also conduct the inventory and condition assessment for most Forest Highways. The FS and the state transportation agencies administer the remaining 20% of the projects.

Program Funding

Forest Highway funds are allocated by State areas using a hybrid legislative/administrative formula. The administrative portion of the formula is contained in the Non-Regulatory Supplement to 23 CFR 660. The legislative portion of the formula is contained in Section 134 of the Federal-aid Highway Act of 1987 (Public Law 100-17).

Program Procedures

Procedures for the Forest Highway Program are contained in 23 Code of Federal Regulation 660 Subpart A.

Selection of Forest Highway Projects

Each year, the FHWA Federal Lands Division Offices and the FS Regional Offices meet with state transportation agencies and county governments. They select projects and update the five-year program of projects for their state. The programs of projects are approved by the Federal Lands Highway Divisions. Copies of the approved programs are distributed to State transportation agencies.

State Transportation Agency Responsibilities

• Identify needs and provide information as required for route and project support.
• Propose routes for FH designation, and review FS proposals for FH designation.
• Represent the interests of local governments on proposed FH routes and projects.
• Propose projects for inclusion in the FH program of projects.
• Jointly select projects for inclusion in the FH program of projects, along with representatives from the FS and the FHWA Federal Lands Highway Division Office.
• As necessary, appoint members to multi-agency teams, such as a Social, Economic, and Environmental (SEE) Team, which studies location alternatives and obtains environmental clearances for a project.
• Obtain necessary Right-of-Way (for State FH projects) at State expense and maintain completed construction.
• If applicable, enter into project agreements with the FHWA Federal Lands Highway Division Office.
• Concur on project Plans, Specifications, and Estimate packages on State routes.
• Advertise, award, and administer the construction contracts of some FH projects.
• Inspect and approve final construction with the Federal Lands Highway Division Office on State routes.
• Potentially contribute cooperative funding to assist in the construction or improvement of a FH project.

FS Responsibilities

• Identify needs and provide forest resource information as required for route and project support.
• Propose routes for FH designation, and review State proposals for FH designation.
• Coordinate with State and local governments on proposed FH routes and projects.
• Propose projects for inclusion in the FH program of projects.
• Jointly select projects for inclusion in the FH program of projects, along with representatives from the State Transportation Agency and the FHWA Federal Lands Highway Division Office.
• If applicable, enter into project agreements with the FHWA Federal Lands Highway Division Office.
• Concur on project Plans, Specifications, and Estimate packages.
• Inspect and approve final construction with the Federal Lands Highway Division Office.
• Potentially contribute cooperative funding to assist in the construction or improvement of a FH project.
• Advertise, award, and administer the construction contracts of some FH projects.
• Develop an Aquatic Organism Passage (AOP) program of projects.
• Advertise, award, and administer the design and construction of most AOP projects.

FHWA Federal Lands Highway Division Office Responsibilities

• Administer FH program funds.
• Review and designated proposed FH routes.
• Jointly select projects for inclusion in the FH program of projects, along with representatives from the State Transportation Agency and the FS.
• Approve FH program of projects.
• Draft project agreements.
• Jointly select projects for inclusion in the FH program of projects, along with representatives from the State Transportation Agency and the FS.
• Design most FH projects, and approve the Plans, Specifications, and Estimate packages with concurrence from FS or State Transportation Agency as applicable.
• Advertise, award, and administer the construction contracts of most FH projects.
• Make final acceptance of FH construction projects.

FHWA Federal-Aid Division Office Responsibilities

Assist the Federal Lands Highway Division Office with the annual tri-party programming meeting.

FHWA Headquarters Program Office Responsibilities

• Produce any necessary nationwide FH policies.
• Allocate funds to the Federal Lands Highway Division offices and to the FS.

FHWA Headquarters Program Office Contact

Anna Franzino
Forest Highway Program Engineer
Federal Lands Highway Office
Phone: (202) 366-9488
Fax: (202) 366-7495
Email: anna.franzino@dot.gov

Links

• Forest Highway Regulations (23 CFR 660)
• Non-regulatory supplement to 23 CFR 660
• Forest Highway Management Systems Regulations (23 CFR 971)
• SAFETEA-LU Changes
• FY 2008 Funds Information  (Acrobat, 199 KB)
• SAFETEA-LU Restoration of Fish Passage at Road-Stream Crossings  (Acrobat, 1.66 MB)

Fact Sheet