[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4722 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4722

   To direct the Secretary of Transportation to carry out an active 
 transportation investment program to encourage a mode shift to active 
   transportation within selected communities by providing safe and 
  convenient options to bicycle and walk for routine travel, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2010

Mr. Blumenauer (for himself, Mr. Capuano, Mr. Carnahan, Mr. Cohen, Mr. 
    Filner, Mr. Lipinski, and Mr. Moran of Virginia) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Transportation to carry out an active 
 transportation investment program to encourage a mode shift to active 
   transportation within selected communities by providing safe and 
  convenient options to bicycle and walk for routine travel, 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 ``Active Community Transportation Act 
of 2010''.

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 a quarter of such trips 
        are within a 20-minute walk.
            (2) Approximately 90 percent of public transportation trips 
        are accessed by walking or bicycling.
            (3) More than 100 communities across the Nation have 
        adopted complete streets policies, thereby proving the 
        commitment of these communities to creating streets that are 
        safe and convenient for users of all ages and abilities, 
        including those who are walking, bicycling, taking public 
        transportation, or driving.
            (4) 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 enhance the livability of communities.
            (5) 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.
            (6) Achieving a mode shift to active transportation within 
        a community requires intensive, concentrated funding of active 
        transportation systems rather than discrete, piecemeal 
        projects.
            (7) Increased use of active transportation leads to 
        reductions in traffic congestion, greenhouse gas emissions, 
        vehicle miles traveled, oil dependence, air pollution, and 
        obesity and diseases associated with physical inactivity.
            (8) Given the contribution that active transportation makes 
        to these 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.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered solely by human 
        energy, such as bicycling and walking.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Program.--The term ``program'' means the active 
        transportation investment program established under section 4.

SEC. 4. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out an 
active transportation investment program in accordance with the 
requirements of this section.
    (b) Purpose.--The purpose of the program shall be to encourage a 
mode shift to active transportation within selected communities by 
providing safe and convenient opportunities to bicycle and walk for 
routine travel.
    (c) Selection of Communities.--
            (1) Applications.--A community seeking to participate in 
        the program shall submit to the Secretary an application that 
        is in such form and contains such information as the Secretary 
        may require.
            (2) Initial and additional selections.--
                    (A) Initial selections.--The Secretary shall select 
                initial communities to participate in the program. Such 
                communities shall participate in the program in each of 
                fiscal years 2011 through 2015.
                    (B) Additional selections.--Following the initial 
                selections under subparagraph (A), the Secretary shall 
                select additional communities to participate in the 
                program. Such communities shall participate in the 
                program in each of fiscal years 2013 through 2015.
            (3) Criteria.--
                    (A) In general.--In selecting communities to 
                participate in the program, the Secretary shall 
                consider, at a minimum, the extent to which a 
                community--
                            (i) provides a plan for development of 
                        walking and bicycling infrastructure that is 
                        likely to contribute to a significant 
                        transportation mode shift to walking and 
                        bicycling;
                            (ii) demonstrates broad community support 
                        that will facilitate successful and expeditious 
                        implementation;
                            (iii) demonstrates a cohesive plan in which 
                        noninfrastructure elements, where proposed, 
                        reinforce achievement of the purpose of the 
                        program;
                            (iv) provides evidence of regulatory or 
                        financial incentives or community design 
                        policies that facilitate significant increases 
                        in bicycling or walking; and
                            (v) commits State, local, or eligible 
                        Federal matching funds, in addition to Federal 
                        funds made available under this section, to 
                        projects eligible for assistance under this 
                        section.
                    (B) Strategic priorities that facilitate success.--
                For purposes of subparagraph (A)(i), strategic 
                priorities that facilitate success in increasing 
                walking and bicycling include effective plans--
                            (i) to create a network of active 
                        transportation facilities connecting 
                        neighborhoods with destinations such as 
                        workplaces, schools, residences, businesses, 
                        recreation areas, and other community activity 
                        centers;
                            (ii) to integrate active transportation 
                        facilities with transit services, where 
                        available, to improve access to public 
                        transportation; and
                            (iii) to deliver safe, convenient, cost-
                        effective mobility via walking and bicycling.
                    (C) Indicators of community support.--For purposes 
                of subparagraph (A)(ii), indicators of community 
                support include--
                            (i) the use of public input in the 
                        development of transportation plans; and
                            (ii) the commitment of community leaders to 
                        the success and timely implementation of 
                        projects eligible for assistance under this 
                        section.
    (d) Grants.--
            (1) In general.--The Secretary shall make grants to each 
        community selected to participate in the program.
            (2) Recipients.--A recipient of a grant representing a 
        community under the program shall be a local or regional 
        governmental organization, multi-county special district, or 
        Indian tribe that the Secretary determines is suitably equipped 
        and organized to carry out the objectives and requirements of 
        this section. Such organizations include metropolitan planning 
        organizations and other regional planning organizations.
            (3) Subrecipients.--A recipient of a grant under the 
        program may suballocate funds from the grant to a nonprofit 
        organization to carry out the purposes of the program.
            (4) Inclusion of certain communities.--To fulfill the 
        Nation's need to achieve and document mode shift to bicycling 
        and walking over time, the 4 communities that received pilot 
        funding under section 1807 of SAFETEA-LU (119 Stat. 1460) may 
        be among the communities selected by the Secretary under 
        subsection (c).
            (5) Grants amounts.--
                    (A) In general.--The Secretary may make a grant as 
                low as $5,000,000 and as high as $15,000,000 per fiscal 
                year for a community participating in the program. The 
                Secretary shall ensure that grant awards under the 
                program are sufficiently high to enable a mode shift to 
                active transportation.
                    (B) Justification for larger grants.--Subject to 
                the $15,000,000 per fiscal year limit set forth in 
                subparagraph (A), the Secretary may justify a grant in 
                a higher amount for a community under the program based 
                on the population served, greater opportunities to 
                shift trips to bicycling and walking, or use of 
                innovative design features.
    (e) Eligible Projects.--Grants made to communities under this 
section shall be used for one or more of the following purposes:
            (1) To carry out projects to construct networks of active 
        transportation infrastructure facilities, including sidewalks, 
        bikeways, and pedestrian and bicycle trails, that connect 
        people with public transportation, workplaces, schools, 
        residences, businesses, recreation areas, and other community 
        activity centers.
            (2) To carry out projects to provide for bicycle boxes, 
        cycle tracks, bicycle boulevards, dual traffic signals, and 
        bicycle sharing stations.
            (3) To carry out projects to restore and upgrade current 
        active transportation infrastructure facilities.
            (4) To carry out projects to support educational 
        activities, safety-oriented activities, and technical 
        assistance to further the purpose of the program.
    (f) Program Measures.--In carrying out the program, the Secretary 
shall develop statistical information on changes in motor vehicle, 
active transportation, and public transportation usage in communities 
participating in the program and assess how the changes impact 
congestion and energy usage, impact the frequency of bicycling and 
walking, and impact health, safety, and the environment. In addition, 
the Secretary shall develop interim measures of progress, which may 
include indicators of public engagement, educational outcomes, and 
project advancement into planning and development.
    (g) Deadlines.--
            (1) Request for applications.--Not later than 60 days after 
        the date of enactment of this Act, the Secretary shall publish 
        in the Federal Register a request for applications pursuant to 
        subsection (c)(1).
            (2) Selection of initial communities.--Not later than 180 
        days after such date of enactment, the Secretary shall select 
        initial communities to participate in the program under 
        subsection (c)(2)(A).
            (3) Selection of additional communities.--Not later than 
        September 30, 2012, the Secretary shall select additional 
        communities to participate in the program under subsection 
        (c)(2)(B).
            (4) Grants.--The Secretary shall make grants to selected to 
        participate in the program under subsection (c)--
                    (A) for fiscal year 2011, not later than the later 
                of--
                            (i) the 60th day after the date of the 
                        selection of communities under subsection 
                        (c)(2)(A); and
                            (ii) the 30th day of the fiscal year; and
                    (B) for each of fiscal years 2012 through 2015, not 
                later than 30th day of the fiscal year.
    (h) Reports.--
            (1) In general.--The Secretary shall submit to Congress--
                    (A) an interim report on progress made under the 
                program not later than September 30, 2014; and
                    (B) a final report on progress made under the 
                program not later than September 30, 2016.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the Secretary's findings concerning the best 
        practices of communities participating in the program and the 
        impediments experienced by such communities relating to program 
        development and achieving a mode shift to active 
        transportation.
    (i) Funding.--
            (1) 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--
                    (A) $300,000,000 for fiscal year 2011;
                    (B) $300,000,000 for fiscal year 2012;
                    (C) $466,666,666 for fiscal year 2013;
                    (D) $466,666,666 for fiscal year 2014; and
                    (E) $466,666,668 for fiscal year 2015.
            (2) Contract authority.--Funds authorized to be 
        appropriated by this section shall be available for obligation 
        and administered in the same manner as if the funds were 
        apportioned under chapter 1 of title 23, United States Code, 
        except that the Federal share of the cost of a project carried 
        out using the funds shall be 100 percent, and the funds shall 
        remain available until expended and shall not be transferable.
            (3) Administrative costs.--
                    (A) Set aside.--Each fiscal year, the Secretary 
                shall set aside not more than 1.5 percent of the funds 
                made available to carry out this section to cover the 
                costs of administrative, research, technical 
                assistance, communications, and training activities 
                under the program.
                    (B) Contracts and other agreements.--The Secretary 
                may enter into contracts with for-profit organizations, 
                or contracts, partnerships, or cooperative agreements 
                with other government agencies, institutions of higher 
                learning, or nonprofit organizations, to perform 
                activities with amounts set aside under subparagraph 
                (A). The Federal share of the cost of such activities 
                may be up to 100 percent.
                    (C) Limitation on statutory construction.--Nothing 
                in this paragraph may be construed to prohibit a 
                community from receiving research or other funds under 
                title 23 or 49, United States Code.
    (j) Treatment of Projects.--
            (1) Noninfrastructure projects.--Noninfrastructure projects 
        and infrastructure projects that do not involve or lead 
        directly to construction assisted under this subsection shall 
        not be treated as projects on a Federal-aid system under 
        chapter 1 of title 23, United States Code.
            (2) Infrastructure projects.--Not later than one year after 
        the date of enactment of this Act, the Secretary shall develop 
        regulations or guidance (or both) for Federal-aid projects 
        under this section that encourages the use of the programmatic 
        categorical exclusion, expedited procurement techniques, and 
        other best practices to facilitate productive and timely 
        expenditure for projects that are small, low impact, and 
        constructed within an existing built environment.
            (3) State processes.--The Secretary shall work with State 
        departments of transportation to ensure that any guidance or 
        regulation developed under paragraph (2) is being implemented 
        by States and the Federal Highway Administration consistently 
        to avoid unnecessary delays in implementing projects and to 
        ensure the effective use of Federal dollars.
    (k) Assistance to Indian Tribes.--Notwithstanding any other 
provision of law, the Secretary may enter into grants agreements, self-
determination contracts, and self-governance compacts under the 
authority of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) with eligible Indian tribes to carry out the 
purposes of this Act, and such grant agreements, self-determination 
contracts, and self-governance compacts shall be administered in 
accordance with that Act.
                                 <all>