National orphan highways program

(a)

In General

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

167.

National orphan highways program

(a)

Grants and technical Assistance

(1)

In general

The Secretary shall make grants and provide technical assistance to States and units of local government to— (A)perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of an orphan highway; and (B)rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signs to enhance community livability on or adjacent to an orphan highway. (2)

Priority

In making grants under this section, the Secretary shall give priority to projects that— (A)include rehabilitation measures that focus on pedestrian safety; (B)are coordinated with State and local adopted preservation or development plans; (C)promote cost-effective and strategic investments in transportation infrastructure facilities that minimize adverse impacts on the environment; (D)promote innovative private sector strategies; (E)foster public-private partnerships; (F)include a higher percentage of State or locally matched funds; (G)have zoning designations that support more intensive, mixed-use development along part or all of the route; or (H)upon completion, will result in the transfer of ongoing management and administrative responsibilities from the State to the local jurisdiction. (3)

Distribution of funds

The Secretary shall allocate funds made available for this section for fiscal years 2010 through 2015 among the grant recipients, using the latest available census data, as follows: (A)Not less than 20 percent of the funds shall used for making grants to units of local government with a population between 50,000 and 250,000 residents. (B)Not less than 50 percent of the funds shall be used for making grants to units of local government with a population of less than 50,000. (b)

Savings Clause

The Secretary shall not withhold any grant or impose any requirement on a grant recipient as a condition of providing a grant or technical assistance for any orphan highway unless the requirement is consistent with the authority provided in this chapter. (c)

Federal Share

The Federal share of the cost of carrying out a project under this section shall be determined in accordance with section 120, except that, in the case of an orphan highway that provides access to or within Federal or Indian land, the head of a Federal land management agency may use funds authorized for such agency for the non-Federal share. (d)

Administrative Oversight

A grant recipient may use not more than 2 percent of funds received under this section for administrative costs. (e)

Definitions

In this section, the following definitions apply: (1)

Orphan highway

The term orphan highway means a highway that— (A)is or was formerly a United States numbered highway; (B)is located within the boundaries of a unit of local government; (C)is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate System route; (D)currently functions as a county, parish, or city arterial or collector route, or provides access to or within Federal or tribal lands; and (E)because of decreased importance to statewide transportation, has received only routine maintenance but needs significant resurfacing, restoration, reconstruction, or rehabilitation. (2)

Unit of local government

The term unit of local government means— (A)any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B)any law enforcement district or judicial enforcement district that— (i)is established under applicable State law; and (ii)has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; (C)an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or (D)for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for— (i)the District of Columbia; or (ii)any Trust Territory of the United States. (f)

Authorization of appropriations

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $600,000,000 for each of fiscal years 2010 through 2015.

(b)

Conforming Amendment

The analysis for such chapter is amended by adding at the end the following:

167. National orphan highways program.