[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 463 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 463
To amend title 23, United States Code, to provide a set aside for
transportation alternatives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2021
Mr. Espaillat (for himself and Mr. Larsen of Washington) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to provide a set aside for
transportation alternatives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Alternatives
Enhancements Act''.
SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read
as follows:
``(h) Transportation Alternatives Program Set Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a fiscal
year, the Secretary shall set aside an amount such that--
``(A) the Secretary sets aside a total amount under
this subsection for a fiscal year equal to 10 percent
of such total funds; and
``(B) the State's share of the amount set aside
under subparagraph (A) is determined by multiplying the
amount set aside under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State
for the transportation enhancement program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for fiscal
year 2009.
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsections (d) and (e), except
that, for purposes of this paragraph (after funds are
made available under paragraph (5))--
``(i) for each fiscal year, the percentage
referred to in paragraph (1)(A) of subsection
(d) shall be deemed to be 66 percent; and
``(ii) paragraph (3) of subsection (d)
shall not apply.
``(B) Local control.--
``(i) In general.--A State may make
available up to 100 percent of the funds set
aside under paragraph (1) to the entities
described in subclause (I) if the State submits
to the Secretary, and the Secretary approves, a
plan that describes--
``(I) how such funds shall be made
available to metropolitan planning
organizations, regional transportation
planning organizations, counties, or
other regional transportation
authorities;
``(II) how the entities described
in subclause (I) shall select projects
for funding and how such entities shall
report selected projects to the State;
``(III) the legal, financial, and
technical capacity of such entities;
and
``(IV) the procedures in place to
ensure such entities comply with the
requirements of this title.
``(ii) Requirement.--A State that makes
funding available under a plan approved under
this subparagraph shall make available an
equivalent amount of obligation authority to
the entities described in clause (i)(I).
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for any of the following projects
or activities:
``(A) Construction, planning, and design of on-road
and off-road trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle
infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related
infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems that will
provide safe routes for nondrivers, including children,
older adults, and individuals with disabilities to
access daily needs.
``(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians, bicyclists, or
other nonmotorized transportation users.
``(D) Construction of turnouts, overlooks, and
viewing areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of
outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic transportation
facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species, and
provide erosion control; and
``(iv) archaeological activities relating
to impacts from implementation of a
transportation project eligible under this
title.
``(F) Any environmental mitigation activity,
including pollution prevention and pollution abatement
activities and mitigation to address stormwater
management, control, and water pollution prevention or
abatement related to highway construction or due to
highway runoff, including activities described in
sections 328(a) and 329.
``(G) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this
subsection.
``(H) The recreational trails program under section
206.
``(I) The safe routes to school program under
section 211.
``(J) Activities in furtherance of a vulnerable
road user assessment described in section 148.
``(K) Any other projects or activities described in
section 101(a)(29) or section 213, as such sections
were in effect on the day before the date of enactment
of the FAST Act (Public Law 114-94).
``(4) Access to funds.--
``(A) In general.--A State or metropolitan planning
organization required to obligate funds in accordance
with paragraph (2) shall develop a competitive process
to allow eligible entities to submit projects for
funding that achieve the objectives of this subsection.
A metropolitan planning organization for an area
described in subsection (d)(1)(A)(i) shall select
projects under such process in consultation with the
relevant State. The competitive process shall include
prioritization of project location and impact in low-
income, transit-dependent, or other high-need areas.''
``(B) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land
agency;
``(v) a school district, local education
agency, or school;
``(vi) a tribal government;
``(vii) a metropolitan planning
organization that serves an urbanized area with
a population of 200,000 or fewer;
``(viii) a nonprofit organization carrying
out activities related to transportation;
``(ix) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational
trails (other than a metropolitan planning
organization that serves an urbanized area with
a population of over 200,000 or a State agency)
that the State determines to be eligible,
consistent with the goals of this subsection;
and
``(x) a State, at the request of any entity
listed in clauses (i) through (x).
``(5) Improving accessibility and efficiency.--
``(A) In general.--A State may use an amount equal
to not more than 5 percent of the funds set aside for
the State under this subsection, after allocating funds
in accordance with paragraph (2)(A), to improve the
ability of applicants to access funding for projects
under this subsection in an efficient and expeditious
manner by providing--
``(i) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the
period of time between the selection of the
project and the obligation of funds for the
project; and
``(ii) funding for 1 or more full-time
State employee positions to administer this
subsection.
``(B) Use of funds.--Amounts used under
subparagraph (A) may be expended--
``(i) directly by the State; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
entities.
``(6) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section
120--
``(I) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis; and
``(II) the Federal share of the
cost of an individual project in this
subsection may be up to 100 percent.
``(ii) Aggregate non-federal share.--The
average annual non-Federal share of the total
cost of all projects for which funds are
obligated under this subsection in a State for
a fiscal year shall be not less than the non-
Federal share authorized for the State under
section 120(b).
``(iii) Requirement.--This subparagraph
shall only apply to a State if such State has
adequate financial controls, as certified by
the Secretary, to account for the average
annual non-Federal share under this
subparagraph.
``(B) Safety projects.--Notwithstanding section
120, funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs
of a project under this subsection if the project--
``(i) is a project described in section
148(e)(1); and
``(ii) is consistent with the State
strategic highway safety plan (as defined in
section 148(a)).
``(7) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more
than 50 percent of the funds set aside under
this subsection that are available for
obligation in any area of the State
(suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose
eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the State
demonstrates to the Secretary that the State--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate;
``(II) offered technical assistance
to all eligible entities and provided
such assistance upon request by an
eligible entity; and
``(III) demonstrates that there
were not sufficient suitable
applications from eligible entities to
use the funds described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning
organization that represents an urbanized area
with a population of greater than 200,000 may
use not more than 50 percent of the funds set
aside under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the Secretary
certifies that the metropolitan planning
organization--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate; and
``(II) demonstrates that there were
not sufficient suitable applications
from eligible entities to use the funds
described in clause (i).
``(8) Annual reports.--
``(A) In general.--Each State or metropolitan
planning organization responsible for carrying out the
requirements of this subsection shall submit to the
Secretary an annual report that describes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects to be
carried out, expressed as percentages
of the total apportionment of the State
under this subsection; and
``(ii) the list of each project selected
for funding for each fiscal year, including
specifying the fiscal year for which the
project was selected, the fiscal year in which
the project is anticipated to be funded, the
recipient, the location, the congressional
district, the type, and a brief description.
``(B) Public availability.--The Secretary shall
make available to the public, in a user-friendly format
on the website of the Department of Transportation, a
copy of each annual report submitted under subparagraph
(A).''.
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