Connecting America’s Active Transportation System Act

I 117TH CONGRESS 1ST SESSION H. R. 2991 To direct the Secretary of Transportation to carry out an active transpor- tation 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 HOUSE OF REPRESENTATIVES MAY 4, 2021 Mr. PAPPAS (for himself, Mr. HUFFMAN, Ms. BARRAGA´N, Mr. BLUMENAUER, Ms. MOORE of Wisconsin, Mr. WELCH, Mr. NEAL, Ms. MCCOLLUM, Mrs. NAPOLITANO, Mr. CARSON, Mr. GARCI´A of Illinois, Mr. LYNCH, Mr. LAR- SON of Connecticut, and Ms. TLAIB) 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 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Connecting America’s 4 Active Transportation System Act’’. 5 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2991 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Nearly half of the trips taken in the United 3 States are within a 20-minute bicycle ride, and near- 4 ly a quarter of such trips are within a 20-minute 5 walk. 6 (2) Approximately 90 percent of public trans- 7 portation trips are accessible by walking or bicycling. 8 (3) Communities that invest in active transpor- 9 tation infrastructure experience significant increases 10 in bicycling and walking rates over time, and such 11 investments are in strong demand because they lead 12 to a higher quality of life, better health, a stronger 13 economy, and increased mobility in communities 14 where investments are made. 15 (4) The communities that perform best in en- 16 couraging active transportation create inter- 17 connected systems that make it convenient and safe 18 to travel on foot or by bicycle to destinations on a 19 routine basis. 20 (5) Achieving a mode shift to active transpor- 21 tation within a community requires intensive, con- 22 centrated funding of active transportation systems 23 rather than discrete, piecemeal projects. 24 (6) Increased use of active transportation re- 25 duces traffic congestion, greenhouse gas emissions, 26 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2991 IH vehicle miles traveled, and rates of obesity and 1 chronic disease associated with physical inactivity. 2 (7) Given the contribution that active transpor- 3 tation makes to national policy goals, and the oppor- 4 tunity active transportation provides to accommo- 5 date short trips at the least cost to the public and 6 individuals, funding of active transportation is one 7 of the most strategic and cost effective Federal 8 transportation investments available. 9 (8) The Federal Government is uniquely quali- 10 fied to facilitate interstate connections necessary to 11 build long distance active transportation spines and 12 regional connections in communities that span State 13 boundaries. 14 SEC. 3. ACTIVE TRANSPORTATION INFRASTRUCTURE IN- 15 VESTMENT PROGRAM. 16 (a) IN GENERAL.—The Secretary shall carry out an 17 active transportation infrastructure investment program 18 to make grants, on a competitive basis, to eligible organi- 19 zations to construct eligible projects to provide safe and 20 connected active transportation facilities in an active 21 transportation network or active transportation spine. 22 (b) APPLICATION.— 23 (1) IN GENERAL.—To be eligible to receive a 24 grant under this section, an eligible organization 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2991 IH shall submit to the Secretary an application in such 1 manner and containing such information as the Sec- 2 retary may require. 3 (2) ELIGIBLE PROJECTS PARTIALLY ON FED- 4 ERAL LAND.—With respect to an application for an 5 eligible project that is located in part on Federal 6 lands, an eligible organization shall enter into a co- 7 operative agreement with the appropriate Federal 8 agency with jurisdiction over such land to submit an 9 application described in paragraph (1). 10 (c) APPLICATION CONSIDERATIONS.—In making a 11 grant for construction of an active transportation network 12 or active transportation spine under this section, the Sec- 13 retary shall consider the following: 14 (1) Whether the eligible organization submitted 15 a plan for an eligible project for the development of 16 walking and bicycling infrastructure that is likely to 17 provide substantial additional opportunities for walk- 18 ing and bicycling, including effective plans to— 19 (A) create an active transportation net- 20 work connecting destinations within or between 21 communities, including schools, workplaces, 22 residences, businesses, recreation areas, and 23 other community areas, or create an active 24 transportation spine connecting two or more 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2991 IH communities, metropolitan regions, or States; 1 and 2 (B) integrate active transportation facili- 3 ties with transit services, where available, to im- 4 prove access to public transportation. 5 (2) Whether the eligible organization dem- 6 onstrates broad community support through— 7 (A) the use of public input in the develop- 8 ment of transportation plans; and 9 (B) the commitment of community leaders 10 to the success and timely implementation of an 11 eligible project. 12 (3) Whether the eligible organization provides 13 evidence of commitment to traffic safety, regula- 14 tions, financial incentives, or community design poli- 15 cies that facilitate significant increases in walking 16 and bicycling. 17 (4) The extent to which the eligible organiza- 18 tion demonstrates commitment of State, local, or eli- 19 gible Federal matching funds, and land or in-kind 20 contributions, in addition to the local match required 21 under subsection (f)(1), unless the applicant quali- 22 fies for an exception under subsection (f)(2). 23 (5) The extent to which the eligible organiza- 24 tion demonstrates that the grant will address exist- 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2991 IH ing disparities in bicyclist and pedestrian fatality 1 rates based on race or income level or provide access 2 to jobs and services for low-income communities and 3 communities of color. 4 (6) Whether the eligible organization dem- 5 onstrates how investment in active transportation 6 will advance safety for pedestrians and cyclists, ac- 7 cessibility to jobs and key destinations, economic 8 competitiveness, environmental protection, and qual- 9 ity of life. 10 (d) USE OF FUNDS.— 11 (1) IN GENERAL.—Of the amounts made avail- 12 able to carry out this section and except as provided 13 in paragraph (2), the Secretary shall obligate— 14 (A) not less than 30 percent to eligible 15 projects that construct active transportation 16 networks that connect people with public trans- 17 portation, businesses, workplaces, schools, resi- 18 dences, recreation areas, and other community 19 activity centers; and 20 (B) not less than 30 percent to eligible 21 projects that construct active transportation 22 spines. 23 (2) PLANNING AND DESIGN GRANTS.—Each fis- 24 cal year, the Secretary shall set aside not less than 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2991 IH $3,000,000 from the funds made available to carry 1 out this section to provide planning grants for eligi- 2 ble organizations to develop plans for active trans- 3 portation networks and active transportation spines. 4 (3) ADMINISTRATIVE COSTS.—Each fiscal year, 5 the Secretary shall set aside not more than 6 $2,000,000 of the funds made available to carry out 7 this section to cover the costs of administration, re- 8 search, technical assistance, communications, and 9 training activities under the program. 10 (4) LIMITATION ON STATUTORY CONSTRUC- 11 TION.—Nothing in this subsection shall be construed 12 to prohibit an eligible organization from receiving re- 13 search or other funds under titles 23 or 49, United 14 States Code. 15 (e) GRANT TIMING.— 16 (1) REQUEST FOR APPLICATION.—Not later 17 than 30 days after funds are made available to carry 18 out this section, the Secretary shall publish in the 19 Federal Register a request for applications for 20 grants under this section. 21 (2) SELECTION OF GRANT RECIPIENTS.—Not 22 later than 150 days after funds are made available 23 to carry out this section, the Secretary shall select 24 grant recipients for grants under this section. 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2991 IH (f) FEDERAL SHARE.— 1 (1) IN GENERAL.—Except as provided in para- 2 graph (2), the Federal share of a grant under this 3 section shall not exceed 80 percent of the total 4 project cost. 5 (2) EXCEPTION FOR DISADVANTAGED COMMU- 6 NITIES.—For projects serving communities with a 7 poverty rate of over 40 percent based on the major- 8 ity of census tracts served by such project, the Sec- 9 retary may increase the Federal share of a grant 10 under this section up to 100 percent of the total 11 project cost. 12 (g) CONTRACT AUTHORITY.—Funds made available 13 to carry out this section shall be available for obligation 14 and administered in the same manner as if such funds 15 were apportioned under chapter 1 of title 23, United 16 States Code, except that the funds shall remain available 17 until expended and shall not be transferrable. 18 (h) ASSISTANCE TO INDIAN TRIBES.—In carrying 19 out this section, the Secretary may enter into grant agree- 20 ments, self determination contracts and self-governance 21 compacts under the Indian Self-Determination and Edu- 22 cation Assistance Act (25 U.S.C. 5301 et seq.) with eligi- 23 ble Indian tribes and such agreements, contracts, and 24 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2991 IH compacts shall be administered in accordance with such 1 Act. 2 (i) REPORTS.— 3 (1) INTERIM REPORT.—Not later than Sep- 4 tember 30, 2023, the Secretary shall submit to Con- 5 gress a report containing the information described 6 in paragraph (3). 7 (2) FINAL REPORT.—Not later than September 8 30, 2025, the Secretary shall submit to Congress a 9 report containing the information described in para- 10 graph (3). 11 (3) REPORT INFORMATION.—A report sub- 12 mitted under this subsection shall contain the fol- 13 lowing: 14 (A) A list of grants made under this sec- 15 tion. 16 (B) Best practices of recipients in imple- 17 menting active transportation projects. 18 (C) Impediments experienced by recipients 19 of grants under this section in developing and 20 shifting to active transportation. 21 (j) RULE REQUIRED.—Not later than 1 year after 22 the date of enactment of this Act, the Secretary shall issue 23 a final rule that encourages the use of the programmatic 24 categorical exclusion, expedited procurement techniques, 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2991 IH and other best practices to facilitate productive and timely 1 expenditures for projects that are small, low impact, and 2 constructed within an existing built environment. 3 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated out of the Highway Trust 5 Fund (other than the Mass Transit Account) 6 $500,000,000 for each of fiscal years 2022 through 2026 7 to carry out this section. 8 (l) DEFINITIONS.—In this Act: 9 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac- 10 tive transportation’’ means mobility options powered 11 primarily by human energy, including bicycling and 12 walking. 13 (2) ACTIVE TRANSPORTATION NETWORK.—The 14 term ‘‘active transportation network’’ means facili- 15 ties built for active transportation, including side- 16 walks, bikeways, and pedestrian and bicycle trails, 17 that connect between destinations within a commu- 18 nity or metropolitan region. 19 (3) ACTIVE TRANSPORTATION SPINE.—The 20 term ‘‘active transportation spine’’ means facilities 21 built for active transportation, including sidewalks, 22 bikeways, and pedestrian and bicycle trails that con- 23 nect between communities, metropolitan regions, or 24 States. 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2991 IH (4) COMMUNITY.—The term ‘‘community’’ 1 means a geographic area that is socioeconomically 2 interdependent and may include rural, suburban, 3 and urban jurisdictions. 4 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- 5 ble organization’’ means— 6 (A) a local or regional governmental orga- 7 nization, including a metropolitan planning or- 8 ganization or regional planning organization or 9 council; 10 (B) a multi-county special district; 11 (C) a State; 12 (D) a multi-state group of governments; or 13 (E) an Indian tribe. 14 (6) ELIGIBLE PROJECT.—The term ‘‘eligible 15 project’’ means an active transportation project or 16 group of projects— 17 (A) within or between a community or 18 group of communities, at least one of which 19 falls within the jurisdiction of an eligible orga- 20 nization, which has submitted an application 21 under this section; and 22 (B) that has— 23 (i) a total cost of not less than 24 $15,000,000; or 25 VerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2991.IH H2991 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2991 IH (ii) with respect to planning and de- 1 sign grants, planning and design costs of 2 not less than $100,000. 3 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 4 has the meaning given the term in section 4(e) of 5 the Indian Self-Determination and [Text truncated for display. Full text available on Congress.gov.]