[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 684
To direct the Secretary of Transportation to carry out an active
transportation investment program to make grants to eligible applicants
to build safe and connected options for bicycles and walkers within and
between communities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2021
Mr. Markey (for himself, Mr. Sullivan, and Mr. Van Hollen) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to carry out an active
transportation investment program to make grants to eligible applicants
to build safe and connected options for bicycles and walkers within and
between communities, and for other purposes.
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 ``Connecting America's Active
Transportation System Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly half of the trips taken in the United States are
within a 20-minute bicycle ride, and nearly a quarter of such
trips are within a 20-minute walk.
(2) Approximately 90 percent of public transportation trips
are accessible by walking or bicycling.
(3) Communities that invest in active transportation
infrastructure experience significant increases in bicycling
and walking rates over time, and such investments are in strong
demand because they lead to a higher quality of life, better
health, a stronger economy, and increased mobility in
communities where investments are made.
(4) The communities that perform best in encouraging active
transportation create interconnected systems that make it
convenient and safe to travel on foot or by bicycle to
destinations on a routine basis.
(5) Achieving a mode shift to active transportation within
a community requires intensive, concentrated funding of active
transportation systems rather than discrete, piecemeal
projects.
(6) Increased use of active transportation reduces traffic
congestion, greenhouse gas emissions, vehicle miles traveled,
and rates of obesity and chronic disease associated with
physical inactivity.
(7) Given the contribution that active transportation makes
to national policy goals, and the opportunity active
transportation provides to accommodate short trips at the least
cost to the public and individuals, funding of active
transportation is one of the most strategic and cost-effective
Federal transportation investments available.
(8) The Federal Government is uniquely qualified to
facilitate interstate connections necessary to build long
distance active transportation spines and regional connections
in communities that span State boundaries.
SEC. 3. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall carry out an active transportation infrastructure
investment program to make grants, on a competitive basis, to eligible
organizations to construct eligible projects to provide safe and
connected active transportation facilities in an active transportation
network or active transportation spine.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible organization shall submit to the
Secretary an application in such manner and containing such
information as the Secretary may require.
(2) Eligible projects partially on federal land.--With
respect to an application for an eligible project that is
located in part on Federal land, an eligible organization shall
enter into a cooperative agreement with the appropriate Federal
agency with jurisdiction over such land to submit an
application described in paragraph (1).
(c) Application Considerations.--In making a grant for construction
of an active transportation network or active transportation spine
under this section, the Secretary shall consider the following:
(1) Whether the eligible organization submitted a plan for
an eligible project for the development of walking and
bicycling infrastructure that is likely to provide substantial
additional opportunities for walking and bicycling, including
effective plans--
(A) to create an active transportation network
connecting destinations within or between communities,
including schools, workplaces, residences, businesses,
recreation areas, and other community areas, or create
an active transportation spine connecting two or more
communities, metropolitan regions, or States; and
(B) to integrate active transportation facilities
with transit services, where available, to improve
access to public transportation.
(2) Whether the eligible organization demonstrates broad
community support through--
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the
success and timely implementation of an eligible
project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial
incentives, or community design policies that facilitate
significant increases in walking and bicycling.
(4) The extent to which the eligible organization
demonstrates commitment of State, local, or eligible Federal
matching funds, and land or in-kind contributions, in addition
to the local match required under subsection (f)(1), unless the
applicant qualifies for an exception under subsection (f)(2).
(5) The extent to which the eligible organization
demonstrates that the grant will address existing disparities
in bicyclist and pedestrian fatality rates based on race or
income level or provide access to jobs and services for low-
income communities and communities of color.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key
destinations, economic competitiveness, environmental
protection, and quality of life.
(d) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section and subject to paragraphs (2) and (3), the
Secretary shall obligate--
(A) not less than 30 percent to eligible projects
that construct active transportation networks that
connect people with public transportation, businesses,
workplaces, schools, residences, recreation areas, and
other community activity centers; and
(B) not less than 30 percent to eligible projects
that construct active transportation spines.
(2) Planning and design grants.--Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning
grants for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) Administrative costs.--Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of
administration, research, technical assistance, communications,
and training activities under the program.
(4) Limitation on statutory construction.--Nothing in this
subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States
Code.
(e) Grant Timing.--
(1) Request for application.--Not later than 30 days after
funds are made available to carry out this section for a fiscal
year, the Secretary shall publish in the Federal Register a
request for applications for grants under this section for that
fiscal year.
(2) Selection of grant recipients.--Not later than 150 days
after funds are made available to carry out this section for a
fiscal year, the Secretary shall select grant recipients of
grants under this section for that fiscal year.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant under this section shall not exceed 80 percent of
the total project cost.
(2) Exception for disadvantaged communities.--For eligible
projects serving communities with a poverty rate of over 40
percent based on the majority of census tracts served by the
eligible project, the Secretary may increase the Federal share
of the cost of the eligible project up to 100 percent of the
total project cost.
(g) Assistance to Indian Tribes.--In carrying out this section, the
Secretary may enter into grant agreements, self-determination
contracts, and self-governance compacts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)
with Indian tribes that are eligible organizations, and such
agreements, contracts, and compacts shall be administered in accordance
with that Act.
(h) Reports.--
(1) Interim report.--Not later than September 30, 2024, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(2) Final report.--Not later than September 30, 2026, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(3) Report information.--A report submitted under this
subsection shall contain the following, with respect to the
period covered by the applicable report:
(A) A list of grants made under this section.
(B) Best practices of eligible organizations that
receive grants under this section in implementing
eligible projects.
(C) Impediments experienced by eligible
organizations that receive grants under this section in
developing and shifting to active transportation.
(i) Rule Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule that
encourages the use of the programmatic categorical exclusion, expedited
procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are
small, low-impact, and constructed within an existing built
environment.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $500,000,000 for each
of fiscal years 2022 through 2026.
(2) Availability.--The amounts made available to carry out
this section shall remain available until expended.
(k) Definitions.--In this Act:
(1) Active transportation.--The term ``active
transportation'' means mobility options powered primarily by
human energy, including bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect between destinations within a
community or metropolitan region.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails that connect between communities,
metropolitan regions, or States.
(4) Community.--The term ``community'' means a geographic
area that is socioeconomically interdependent and may include
rural, suburban, and urban jurisdictions.
(5) Eligible organization.--The term ``eligible
organization'' means--
(A) a local or regional governmental organization,
including a metropolitan planning organization or
regional planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) Eligible project.--The term ``eligible project'' means
an active transportation project or group of projects--
(A) within or between a community or group of
communities, at least one of which falls within the
jurisdiction of an eligible organization, which has
submitted an application under this section; and
(B) that has--
(i) a total cost of not less than
$15,000,000; or
(ii) with respect to planning and design
grants, planning and design costs of not less
than $100,000.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(9) Total project cost.--The term ``total project cost''
means the sum total of all costs incurred in the development of
an eligible project that are approved by the Secretary as
reasonable and necessary, including--
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or
notes;
(D) fees in connection with the planning,
execution, and financing of the eligible project;
(E) the cost of studies, surveys, plans, permits,
insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation,
reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to
the safety of users of any bicycle or pedestrian
network or spine constructed as part of an eligible
project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.
<all>