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