Moreover, because the Senate bill would set the precedent of junking the TEA-21 allocation formulas, it could herald transportation chaos in this and later annual appropriations processes, which could in turn reduce states' confidence in federal funding and limit multi-year project planning.

Surface Transportation Policy Project and other groups, including the Tri-State Campaign, are urging the Senate to drop the measure. Governor Pataki and NY's Senators have also decried it. But the best arena to counter the transit raid is in the House.

A spokesperson for Rep. Jose Serrano of the South Bronx, a senior member of the House Appropriations Committee, told the Campaign that the transit raid provision is not in the House transportation appropriations bill. Thus, the issue will likely come down to a House-Senate conference fight. "The Congressman is dedicated to fight for the money that New York was promised and needs," said the aide.

TEA-21 Initiatives Mutate Into Pork-Fest
In other areas, Congress is trampling on promising TEA-21 programs. The "Transportation, Community & System Preservation Pilot Program" (TCSP) provided funding for innovative approaches to the interrelated problems of transportation, land development, environmental protection, public safety, and economic development. US DOT's first solicitation for projects last year produced a wealth of high-quality proposals. In this region, NJ fared best, securing grants to attract freight businesses to brownfield sites near port, rail, and highway facilities in Bergen, Hudson, Essex, Union, and Middlesex counties, and to spur development within walking distance of NJ Transit train stations.

But this year, pork-feasting Representatives and Senators have swarmed over the program, piling money and projects that may or may not make sense into Appropriations Committee member districts. Of the program's $25 million budget, House Appropriators have grabbed $24.3 million. The Senate committee has gobbled $11 million in other projects (including technology development spending in Mississippi, home to Senate Majority Leader Trent Lott), so clearly the conference committee will consume the entire pie.

The Appropriators are also wolfing down the TEA-21 "Reverse Commute/Jobs Access" program, though observers say most of the Congressional earmarks bear at least nominal relation to the purpose of the program. So far, of the program's $70 million annual budget, Congress has set aside about $20 million for member-identified projects.

US DOT says it will still solicit competitive proposals for the TCSP program, hoping to build a constituency to help fend off the Appropriators in later years.