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SAFETEA-LU State Highway Safety ProgramsSection 402 State and Community Highway Safety GrantsHistory, Distrubution and AdministrationThe State and Community Highway Safety Grant Program, commonly referred to as Section 402, was initially authorized by the Highway Safety Act of 1966 and has been amended a number of times since then, including by SAFETEA-LU. Funds are distributed to all states according to a formula, based 75% on road miles and 25% on population. States receive no less than 1/2 of 1% of the total apportionment, while the program for the Indian country receives 2% of total funding (beginning in FY 2006) and the U.S. territories receive 1/4 of 1%. The program is jointly administered by National Highway Traffic Safety Administration (NHTSA) and Federal Highway Administration (FHWA) at the federal level. The program is administered by the designated State Highway Safety Offices (SHSO) at the state level. PurposeThe program is intended to assist states and communities in the development and implementation of highway safety programs designed to reduce traffic crashes, deaths, injuries and property damage. RequirementsTo receive a Section 402 grant, states must submit assurances that they will implement activities in support of national goals that also reflect the primary data-related factors within a state, as identified by the state highway safety planning process including: national law enforcement mobilizations, sustained enforcement of impaired driving, occupant protection and speeding-related laws, an annual safety belt use survey conducted in accordance with DOT criteria and development of statewide data systems. Another 402 grant condition that states must satisfy is to actively encourage all relevant law enforcement officials in the state to follow the IACP police pursuit guidelines. States are also required to prepare an annual Highway Safety Plan and Performance Plan for review by NHTSA. The HSP/PP must be based on a problem identification process, establish performance goals and objectives based on identified problems, and include countermeasures that will help the state reach its stated goals. At the end of the year, states must submit an Annual Report that describes progress made toward reaching the identified goals. 402 funds can be spent in nine national priority areas:
States may fund additional non-priority countermeasures (such as school bus safety) if they provide additional justification and receive NHTSA's approval. A minimum of 40% of a state's 402 funds must be expended by local governments or be used for the benefit of local governments. Funds are available for obligation for the year in which they were allocated plus three years. FundingSAFETEA-LU authorizes the Section 402 program at the following levels:
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