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Transit has produced a "significant

Senator Ron Wyden" and was inspired by

increase in public [i.e., activist] involve-

"the LUTRAQ project" launched by 1000

ment in the regional planning process."

Friends of Oregon. In LUTRAQ (which

stands for "Land Use Transportation Air

EPA's Region III (mid-Atlantic) has also

Quality"), 1000 Friends felt that Portland

been getting involved in transportation plan-

would be better off with less highway con-

ning "before key political decisions are

struction because the resulting congestion

might lead some people to drive a little less.3 7

made." The report notes that this prevents

the formation of a political constituency for

It appears likely that at least some section

highway projects: "Currently most environ-

1221 dollars will find their way to groups

mental reviews occur after projects have a

that lobby against highways.

political constituency behind them, making

change very difficult."

Fixing the Problem

One important fund created by ISTEA

and continued in TEA-21 is the $1 billion

annual Congestion Mitigation/Air Quality

In 1995, House bill H.R. 1130, the "Integrity

(CMAQ) fund. The administration has pro-

in Government Act," would have forbidden

EPA's Region III

posed increasing the size of the fund to $1.6

any "recipient of an award, grant, or contract

(mid-Atlantic) has

billion annually, arguing that the new money

from the Federal Government" from lobby-

should be spent on "air quality" (i.e., reduc-

ing or hiring others to lobby for the funding

been getting

ing automobile use) and not "congestion

of any program with the department or

involved in trans-

mitigation." For example, improved traffic

agency giving the grant. The bill did not

portation plan-

signals can reduce congestion, but the paper

make it out of committee.

suggests that such improvements should be

Other efforts to limit EPA grant making to

ning before key

ineligible for CMAQ funds because the

nonprofits have similarly failed. In 1996 one

political decisions

reduced congestion can "induce more overall

of the cosponsors of H.R. 1130, Rep. Ernest

travel."

Istook Jr. (R-Okla.), introduced a floor

are made.

To carry out these schemes, the report

amendment to the major appropriations

concludes by recommending that an addi-

bills that would "require any private organi-

tional 31.5 full-time equivalent staff, and

zations that receive a Federal grant to dis-

$3.15 million in support funds, be allocated

close their lobbying activities to the Agency

to EPA's TEA-21 campaign.

or Agencies which awarded the grant." As

On top of this, section 1221 of TEA-21

mild as this measure was, it passed the floor

authorizes the Department of Transpor-

of the House by only two votes (211 to 209).

tation to distribute $20 million per year to

Since EPA has no reason to oppose any lob-

local transportation agencies for studies of

bying done by its dependent groups, the mea-

local transportation problems.3 5 The law

sure has little effect.

Congressional investigations of "smart

specifically directs the department to consid-

growth" should examine the role of EPA in

er agencies that have "involvement with non-

promoting this anti-automobile, anti-suburb

traditional partners [i.e., nonprofit organiza-

agenda. Ultimately, Congress should forbid

tions] in the project." The department is also

EPA and the Department of Transportation

to give priority to projects in areas that have

from making grants to any organization that

adopted urban-growth boundaries and other

uses any of its resources to lobby Congress,

smart-growth policies.

state or local legislatures, or federal, state, or

A recent newsletter of the Surface

local agencies.

Transportation Policy Project urged local

Americans have a constitutional right to

groups to take advantage of this provision to

fund their anti-highway campaigns.3 6

choose where they live, where they go, and

how they get there. They also have a constitu-

Section 1221 "was sponsored by [Oregon]

12