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USES AND USE RESTRICTIONS Federal-aid highway funds are generally apportioned by statutory formulas to the States . They are generally restricted to roads open to the public and not functionally classified as rural minor collectors or local . Exceptions to this highway functional classification restriction include : planning and research activities ; bridge, bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement activities ; the recreational trails program (see program 20 . 219) ; safe routes to school, nonmotorized transportation, theFLHP , and public transportation improvement. The FLHP is not a grant program. For highway projects , funds may be used forenvironmental studies , engineering and design services , right- of-way acquisition and relocation assistance , and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functional , geometric , or safety reasons . Funds may also be used for planning; research, development , and technology transfer; intelligent transportation systems projects ; roadside beautification ; wetland and natural habitat mitigation, traffic management and control improvements ; improvements necessary to accommodate other transportation modes, development and establishment of transportation management systems ; billboard removal ; construction of bicycle facilities and pedestrian walkways ; fringe and corridor parking; car pool and van pool projects ; transportation enhancements such as scenic and historic highway improvements ; and recreational trails . Funds generally cannot be used for routine highway operational activities , such as police patrols, mowing, snow plowing, or maintenance , unless it is preventative maintenance . Also , funds authorized for the NHS , Surface Transportation Program ( STP), Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Equity Bonus (BE) program, and some additional programs may be used for mass transportation improvements ; CMAQ funds are limited to projects and programs in air quality, non-attainment and maintenance areas for ozone , carbon monoxide , and small particulate matter that reduce transportation related emissions . Eligibility criteria for the programs differ, so program guidance should be consulted . Projects in urban areas of 50,000 or more population must be based on a transportation planning process carried out by a Metropolitan Planning Organization (MPO) in cooperation with the State and transit operators , and the projects must be included in metropolitan transportation plans and improvement programs . Projects in non-metropolitan areas of a State must be consistent with a statewide transportation plan . Projects in both metropolitan and non-metropolitan areas must also be included in a fiscally constrained Statewide Transportation Improvement Program ( STIP) developed as part of the required statewide transportation planning process . The FHWA and the Federal Transit Administration (FTA) must approve the STIP jointly. Applicant Eligibility By law, the Federal-aid highway program is a federally assisted State program that requires each State to have a suitably - equipped and-or gani zed- transportation department._ _Therefore,_ most projectsare _ administered by or through State transportation departments ( State DOTs) . Projects to be funded under the Federal-aid highway program are generally selected by State DOTS or MPOs , in cooperation with appropriate local officials , as specified in 23 U . S . C . and implementing regulations . Territorial highway projects are funded in the same manner as other Federal aid highway projects , with the territorial transportation agency functioning in a manner similar to a State transportation department. Most FLHP projects are administered by the FHWA Office of Federal Lands Highway and its Divisions or by the various FLMAs . Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal governments and are approved by the Bureau of Indian Affairs (BIA) and the Federal