[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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