Note: This document was superseded on 2/2/2022 by HSIP Eligibility Guidance

Highway Safety Improvement Program Eligibility FAST Act Questions and Answers

Question 1: Are non-infrastructure projects still eligible for HSIP funds under the FAST Act?

Answer 1: Under the FAST Act, only the highway safety improvement projects on the "inclusions" list in 23 U.S.C. 148(a)(4)(B) are eligible for HSIP funds. While this removes some of the flexibility that existed under MAP-21 for general education, outreach and enforcement activities, some non-infrastructure activities remain eligible for HSIP funds. They include:

• The conduct of model traffic enforcement activity at a railway-highway crossing (23 U.S.C. 148(a)(4)(B)(vii));
• Transportation safety planning (23 U.S.C. 148(a)(4)(B)(xiii));
• Collection, analysis, and improvement of safety data (23 U.S.C. 148(a)(4)(B)(xiv));
• Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety (23 U.S.C. 148(a)(4)(B)(xv)); and
• A road safety audit ((23 U.S.C. 148(a)(4)(B)(xxi)).

Question 2: Can I still use HSIP funds authorized under MAP-21 for HSIP eligibilities authorized under MAP-21, including non-infrastructure activities?

Answer 2: No. As of the effective date of the FAST Act (October 1, 2015), HSIP funds authorized under MAP-21 should be programmed and obligated consistent with the FAST Act. This includes obligating funds only for purposes specified under 23 U.S.C. 148(a)(4)(B), as amended by the FAST Act.

Question 3 Can HSIP funds be used for Safe Routes To School (SRTS) activities?

Answer 3: Yes. If SRTS activities otherwise meet the requirements for a highway safety improvement project under HSIP, they would be eligible for HSIP funds.

Question 4: Can HSIP funds be used for workforce development, training and education activities under 23 U.S.C. 504(e)?

Answer 4: Yes. Subject to approval by the Secretary, HSIP funds may be used for workforce development, training and education activities that are directly related to and support HSIP implementation efforts.

Question 5: Is automated enforcement an eligible activity under HSIP?

Answer 5: Generally no. As specified in section 1401 of the FAST Act, HSIP funds may not be used for any program to purchase, operate, or maintain an automated traffic enforcement system (i.e., any camera that captures an image of a vehicle for the purposes of traffic law enforcement). However, HSIP funds may be used for automated traffic enforcement systems used to improve safety in school zones. There is also a similar prohibition for automated traffic enforcement in 23 U.S.C. 402(c)(4). However, automated traffic enforcement systems may be eligible for other Federal-aid funding.

Question 6: Can HSIP funds be used for projects to maintain minimum levels of retroreflectivity?

Answer 6: Yes. Projects to maintain minimum levels of retroreflectivity for traffic signs and pavement markings generally are eligible under HSIP. In addition, under 23 U.S.C. 148(e)(1)(C), HSIP funds may be obligated for a project to maintain minimum levels of retroreflectivity on a public road, without regard to whether that project is included in an applicable State SHSP. However, in keeping with HSIP requirements, highway safety improvement projects, including the maintenance of minimum levels of retroreflectivity, should correct or improve a hazardous road location or feature or address a highway safety problem.

Question 7: What are the requirements for maintaining minimum levels of retroreflectivity?

Answer 7: Under 23 U.S.C.148(a)(6), the term "project to maintain minimum levels of retroreflectivity" means a project designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal regulation (i.e., Section 2.A.08 of the 2009 edition of the Manual on Uniform Traffic Control Devices (MUTCD) pursuant to 23 CFR Part 655).

Question 8: What is the Federal share for HSIP funds?

Answer 8: The Federal share for highway safety improvement projects is 90 percent, except as provided in 23 U.S.C. 120 and 130.

Question 9: Who can I contact with specific questions related to HSIP eligibility?

Answer 9: Specific HSIP eligibility questions should be directed to the FHWA Division Office in your State. FHWA Division Office contacts are available at www.fhwa.dot.gov/field.html.

Question 10: Are bridge and tunnel inspections eligible for HSIP funds?

Answer 10: No, bridge and tunnel inspections are not eligible for HSIP funds. Section 1111 of the FAST Act removed the reference to 23 U.S.C. 104(b)(3) (i.e. the HSIP apportionment) in 23 U.S.C. 144, which previously provided authority for bridge and tunnel inspections to be eligible for HSIP funds.