118 S1440 IS: Transit to Trails Act
U.S. Senate
2023-05-04
text/xml
EN
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II
118th CONGRESS
1st Session
S. 1440
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Booker (for himself, Mr. Markey, Mr. Padilla, Mr. Merkley, Mr. Van Hollen, Mr. Sanders, Mr. Wyden, Ms. Duckworth, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To establish a program to award grants to entities that provide transportation connectors from critically underserved communities to green spaces, and for other purposes.
1.

Short title
This Act may be cited as the “Transit to Trails Act”.
2.

Transit to trails grant program
(a)

Definitions
In this section:
(1)

Community of color
The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located:
(A)
Black.
(B)
African American.
(C)
Asian.
(D)
Pacific Islander.
(E)
Other non-White race.
(F)
Hispanic.
(G)
Latino.
(H)
Linguistically isolated.
(I)
Middle Eastern and North African.
(2)

Critically underserved community
The term critically underserved community means—
(A)
a community that can demonstrate to the Secretary that the community has inadequate, insufficient, or no park space or recreation facilities, including by demonstrating—
(i)
quality concerns relating to the available park space or recreation facilities;
(ii)
the presence of recreational facilities that do not serve the needs of the community; or
(iii)
the inequitable distribution of park space for high-need populations, based on income, age, or other measures of vulnerability and need;
(B)
a community in which at least 50 percent of the population is not located within 1⁄2 mile of park space;
(C)
an environmental justice community; or
(D)
any other community that the Secretary determines to be appropriate.
(3)

Designated service area
The term designated service area means a geographical area recommended by a designated official planning agency that defines the community in which coordinated transportation services are provided to the transportation disadvantaged.
(4)

Eligible entity
The term eligible entity means—
(A)
a State;
(B)
a political subdivision of a State (including a city or a county) that represents or otherwise serves an urban area or a rural area;
(C)
a special purpose district (including a park district);
(D)
an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) that represents or otherwise serves an urban area or a rural area; or
(E)
a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code).
(5)

Environmental justice community
The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities that experiences, or is at risk of experiencing, a disproportionate burden of adverse human health or environmental effects.
(6)

Low-income community
The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of—
(A)
an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and
(B)
200 percent of the Federal poverty line.
(7)

Program
The term program means the Transit to Trails Grant Program established under subsection (b)(1).
(8)

Rural area
The term rural area means a community that is not an urban area.
(9)

Secretary
The term Secretary means the Secretary of Transportation.
(10)

Transportation connector
(A)

In general
The term transportation connector means a system that—
(i)
connects 2 ZIP Codes or communities within a 175-mile radius of a designated service area; and
(ii)
offers rides available to the public.
(B)

Inclusions
The term transportation connector includes microtransit, bus lines, bus rails, light rail, rapid transit, and personal rapid transit.
(11)

Urban area
The term urban area means a community that—
(A)
is densely developed;
(B)
has residential, commercial, and other nonresidential areas; and
(C)
(i)
is an urbanized area with a population of 50,000 or more; or
(ii)
is an urban cluster with a population of—
(I)
not less than 2,500; and
(II)
not more than 50,000.
(b)

Grant program
(1)

Establishment
The Secretary shall establish a grant program, to be known as the “Transit to Trails Grant Program”, under which the Secretary shall award grants to eligible entities for—
(A)
projects that develop transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities to increase access and mobility to Federal or non-Federal public land, waters, parkland, or monuments; or
(B)
projects that facilitate transportation improvements to enhance access to Federal or non-Federal public land and recreational opportunities in critically underserved communities.
(2)

Administration
(A)

In general
The Secretary shall administer the program to assist eligible entities in the development of transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities and Federal or non-Federal public land, waters, parkland, and monuments.
(B)

Joint partnerships
The Secretary shall encourage joint partnership projects under the program, if available, among multiple agencies, including school districts, nonprofit organizations, metropolitan planning organizations, regional transportation authorities, transit agencies, and State and local governmental agencies (including park and recreation agencies and authorities) to enhance investment of public sources.
(C)

Annual grant project proposal solicitation, review, and approval
(i)

In general
The Secretary shall—
(I)
annually solicit the submission of project proposals for grants from eligible entities under the program; and
(II)
review each project proposal submitted under subclause (I) on a timeline established by the Secretary.
(ii)

Required elements for project proposal
A project proposal submitted under clause (i)(I) shall include—
(I)
a statement of the purposes of the project;
(II)
the name of the entity or individual with overall responsibility for the project;
(III)
a description of the qualifications of the entity or individuals identified under subclause (II);
(IV)
a description of—
- (aa)
staffing and stakeholder engagement for the project;
- (bb)
the logistics of the project; and
- (cc)
anticipated outcomes of the project;
(V)
a proposed budget for the funds and time required to complete the project;
(VI)
information regarding the source and amount of matching funding available for the project;
(VII)
information that demonstrates the clear potential of the project to contribute to increased access to parkland for critically underserved communities; and
(VIII)
any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under the program.
(D)

Priority
To the extent practicable, in determining whether to approve project proposals under the program, the Secretary shall prioritize projects that—
(i)
are designed to increase access and mobility to local or neighborhood Federal or non-Federal public land, waters, parkland, monuments, or recreational opportunities;
(ii)
use low- or no-emission vehicles;
(iii)
provide free or discounted rates for low-income riders;
(iv)
provide opportunities for youth engagement;
(v)
provide employment preference to individuals who reside in the community in which the project is located;
(vi)
are established in communities of color, low-income communities, Tribal or indigenous communities, or rural areas;
(vii)
would capitalize on existing established public-private partnerships; and
(viii)
comply with applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(3)

Transportation planning procedures
(A)

Procedures
In consultation with the head of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures for projects conducted under the program that are consistent with metropolitan and statewide planning processes.
(B)

Requirements
In carrying out the program, the Secretary shall ensure the following:
(i)
All projects carried out under the program shall comply with sections 5303 and 5304 of title 49, United States Code.
(ii)
All new transportation connectors and routes established under a project carried out under the program shall be accessible in accordance with the accessibility specifications for transportation vehicles under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(iii)
State department of transportation agencies shall engage with relevant stakeholders consistent with subsections (f)(3) and (g)(3) of section 5304 of title 49, United States Code, and metropolitan planning organizations shall engage with relevant stakeholders consistent with subsections (g)(3)(B), (i)(5), and (i)(6) of section 5303 of that title, in addition to faith-based and community-based organizations.
(iv)
Except as otherwise provided under this section, a grant provided under this section shall be subject to the requirements of section 5307 of title 49, United States Code.
(4)

Non-Federal contributions
(A)

In general
The Federal share of the cost of an eligible project provided a grant under the program shall not exceed 80 percent.
(B)

Non-Federal share
The non-Federal share of the cost of an eligible project provided a grant under the program may be in the form of in-kind contributions.
(5)

Eligible uses
Grant funds provided under the program may be used—
(A)
to develop transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities to increase access and mobility to Federal and non-Federal public land, waters, parkland, and monuments; and
(B)
to create or significantly enhance access to Federal or non-Federal public land and recreational opportunities in an urban area or a rural area.
(6)

Grant amount
A grant provided under the program shall be in an amount that is—
(A)
not less than $25,000; and
(B)
not more than $500,000.
(7)

Technical assistance
It is the intent of Congress that grants provided under the program deliver project funds to areas of greatest need while offering technical assistance to all applicants and potential applicants for grant preparation to encourage full participation in the program.
(8)

Public information
The Secretary shall ensure that current schedules and routes for transportation systems developed with funds from a grant under the program are available to the public, including on a website maintained by the eligible entity.
(c)

Reporting requirement
(1)

Reports by grant recipients
The Secretary shall require an eligible entity that receives a grant under the program to submit to the Secretary not less than 1 performance and financial report that—
(A)
includes—
(i)
demographic data on communities served by the project; and
(ii)
a summary of project activities conducted after receiving the grant; and
(B)
describes the status of each project funded by the grant as of the date of the report.
(2)

Additional reports
In addition to the report under paragraph (1), the Secretary may require additional reports from an eligible entity that receives a grant under the program, as the Secretary determines to be appropriate, including a final report.
(3)

Deadlines
The Secretary shall establish deadlines for the submission of each report required under paragraph (1) or (2).
(d)

Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1)
$10,000,000 for each of the first and second fiscal years that begin after the date of enactment of this Act;
(2)
$20,000,000 for each of the third and fourth fiscal years that begin after that date; and
(3)
$40,000,000 for the fifth fiscal year that begins after that date.