National and Regional Greenways Act

I 117TH CONGRESS 1ST SESSION H. R. 3566 To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Ms. BOURDEAUX (for herself, Mrs. MCBATH, Mr. DAVID SCOTT of Georgia, Ms. WILLIAMS of Georgia, Mr. BISHOP of Georgia, Mr. PAPPAS, Mr. JOHNSON of Georgia, and Mrs. TORRES of California) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to carry out a program to make grants for the improvement or con- struction of regionally or nationally significant greenway paths, 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 ‘‘National and Regional 4 Greenways Act’’. 5 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3566 IH SEC. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. 1 (a) IN GENERAL.—The Secretary shall carry out a 2 program to make grants, on a competitive basis, to eligible 3 organizations to improve or construct safe and connected 4 greenway paths between communities that are designated 5 as regionally or nationally significant by the Secretary 6 under subsection (b). 7 (b) REGIONALLY OR NATIONALLY SIGNIFICANT 8 GREENWAY PATHS.—In carrying out the program under 9 this section, the Secretary shall establish a national green- 10 way paths network. The national greenway paths network 11 shall contain regionally or nationally significant greenway 12 paths designated by the Secretary that— 13 (1) cross multiple local jurisdictions or State 14 lines; 15 (2) reduce congestion and single-occupant vehi- 16 cle trips, improve safety and access to jobs, and 17 lower emissions for criteria pollutants (NOx, VOC, 18 PM) and greenhouse gases; 19 (3) support community goals and objectives in 20 areas covered by metropolitan planning organiza- 21 tions; or 22 (4) meet any other criteria the Secretary deter- 23 mines appropriate. 24 (c) APPLICATION.— 25 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3566 IH (1) IN GENERAL.—To receive a grant under 1 this section, an eligible organization shall submit to 2 the Secretary an application in such manner and 3 containing such information as the Secretary may 4 require. 5 (2) ELIGIBLE PROJECTS PARTIALLY ON FED- 6 ERAL LAND.—With respect to an application for eli- 7 gible greenway projects that are located in part on 8 Federal lands, an eligible organization shall enter 9 into a cooperative agreement with the appropriate 10 Federal agency with jurisdiction over such land to be 11 eligible for a grant under this section. 12 (d) APPLICATION CONSIDERATIONS.—In making a 13 grant for construction of a greenway path under this sec- 14 tion, the Secretary shall consider the following: 15 (1) Whether the proposed eligible greenway 16 project is likely to provide substantial additional op- 17 portunities for walking and bicycling, including by— 18 (A) creating greenway paths connecting 19 multiple communities, counties, metropolitan re- 20 gions, or States; 21 (B) integrating greenway paths with tran- 22 sit services, where available, to improve access 23 to public transportation; and 24 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3566 IH (C) integrating greenway paths with exist- 1 ing parks, recreation or scenic areas, adjacent 2 waterways, or transportation corridors. 3 (2) Whether the eligible organization proposing 4 a project demonstrates broad community support 5 through— 6 (A) prior public input in the development 7 of a plan for the proposed project; and 8 (B) the commitment of any project spon- 9 sors and community leaders, including elected 10 officials in the jurisdiction in which such project 11 is located, partner organization leaders, and 12 private or nongovernmental organizations in the 13 area in which such project is located, to the 14 success and timely implementation of an eligible 15 greenway project. 16 (3) The extent to which the eligible organiza- 17 tion provides evidence of commitment to traffic safe- 18 ty, regulations, financial incentives, or community 19 design policies that facilitate significant increases in 20 walking and bicycling. 21 (4) The extent to which the eligible organiza- 22 tion demonstrates commitment of State, local, or eli- 23 gible Federal matching funds, and land or in-kind 24 contributions, in addition to the local match required 25 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3566 IH under subsection (g)(1), unless the applicant quali- 1 fies for an exception under subsection (g)(2). 2 (5) The extent to which the eligible organiza- 3 tion demonstrates that the grant will address exist- 4 ing disparities in bicyclist and pedestrian fatality 5 rates based on race or income level or provide access 6 to schools, jobs, services, transit, or recreational op- 7 portunities for low-income communities and commu- 8 nities of color. 9 (6) Whether the eligible organization dem- 10 onstrates how investment in active transportation 11 will advance safety for pedestrians and cyclists, ac- 12 cessibility to schools, jobs and transit, accessibility 13 to national, State, or local parks, economic competi- 14 tiveness, environmental protection, and quality of 15 life. 16 (e) USE OF FUNDS.— 17 (1) PLANNING AND DESIGN GRANTS.—Each fis- 18 cal year, the Secretary shall set aside not less than 19 $3,000,000 from the funds made available to carry 20 out this section to provide planning grants for eligi- 21 ble organizations to develop a local or regional 22 greenways and paths plan. 23 (2) ADMINISTRATIVE COSTS.—Each fiscal year, 24 the Secretary shall set aside not more than 25 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3566 IH $2,000,000 of the funds made available to carry out 1 this section to cover the costs of administration, re- 2 search, technical assistance, communications, and 3 training activities under the program. 4 (f) GRANT TIMING.— 5 (1) REQUEST FOR APPLICATION.—Not later 6 than 30 days after funds are made available to carry 7 out this section, the Secretary shall publish in the 8 Federal Register a request for applications for 9 grants under this section. 10 (2) SELECTION OF GRANT RECIPIENTS.—Not 11 later than 150 days after funds are made available 12 to carry out this section, the Secretary shall select 13 grant recipients for grants under this section. 14 (g) FEDERAL SHARE.— 15 (1) IN GENERAL.—Except as provided in para- 16 graph (2), the Federal share of the cost of a project 17 under this section shall not exceed 80 percent of the 18 total project cost. 19 (2) EXCEPTIONS.— 20 (A) DISADVANTAGE COMMUNITIES.—For 21 projects serving communities with a poverty 22 rate of over 40 percent based on the majority 23 of census tracts served by such project, the Sec- 24 retary may increase the Federal share of the 25 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3566 IH cost of a project under this section to 100 per- 1 cent of the total project cost. 2 (B) RURAL AREAS.—For projects serving 3 rural areas, as such term is defined in section 4 101 of title 23, United States Code, the Federal 5 share of the cost of a project under this section 6 shall be 90 percent of the total project cost. 7 (h) REPORTS.— 8 (1) INTERIM REPORT.—Not later than Sep- 9 tember 30, 2023, the Secretary shall submit to Con- 10 gress a report containing the information described 11 in paragraph (3). 12 (2) FINAL REPORT.—Not later than September 13 30, 2025, the Secretary shall submit to Congress a 14 report containing the information described in para- 15 graph (3). 16 (3) REPORT INFORMATION.—A report sub- 17 mitted under this subsection shall contain the fol- 18 lowing: 19 (A) A list of grants made under this sec- 20 tion. 21 (B) Best practices of recipients in imple- 22 menting projects funded under this section. 23 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3566 IH (C) Impediments experienced by recipients 1 of grants under this section in planning for and 2 delivering projects under this section. 3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated out of the Highway Trust 5 Fund (other than the Mass Transit Account) 6 $250,000,000 for each of fiscal years 2022 through 2026 7 to carry out this section. 8 (j) DEFINITIONS.—In this Act: 9 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac- 10 tive transportation’’ means alternative methods of 11 transportation to motor vehicles, including walking, 12 bicyling, or utilizing assistive mobility or micro mo- 13 bility devices. 14 (2) GREENWAY PATH.—The term ‘‘greenway 15 path’’ means a hard-surfaced or wheelchair-acces- 16 sible facility built for active transportation, including 17 a sidewalk, bikeway, or pedestrian path that con- 18 nects communities, cities, counties, metropolitan re- 19 gions, or States. 20 (3) COMMUNITY.—The term ‘‘community’’ 21 means a geographic area that is socioeconomically 22 interdependent and may include rural, suburban, 23 and urban jurisdictions. 24 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3566 IH (4) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- 1 ble organization’’ means— 2 (A) a local or regional governmental orga- 3 nization, including a metropolitan planning or- 4 ganization or regional planning organization or 5 council; 6 (B) a multi-county special district; 7 (C) a State; 8 (D) a multi-State group of governments; 9 and 10 (E) an Indian Tribe. 11 (5) ELIGIBLE GREENWAY PROJECT.—The term 12 ‘‘eligible greenway project’’ means an active trans- 13 portation project, or group of projects— 14 (A) that is designated as a regionally or 15 nationally significant greenway path under sub- 16 section (b); 17 (B) 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; 22 (C) that has— 23 (i) a total cost of not less than 24 $15,000,000; or 25 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3566 IH (ii) with respect to planning and de- 1 sign grants, planning and design costs of 2 not less than $100,000; 3 (D) that construct path segments that 4 close local or regional network gaps or are lo- 5 cated within underserved areas; 6 (E) that support an accessible public 7 realm, connect to public transportation, support 8 opportunities for economic development, or pro- 9 mote health and safety; and 10 (F) that connect communities to public 11 spaces and parks, enhance ecological 12 connectivity, support land conservation and ac- 13 cess, or support sites for remediation and res- 14 toration. 15 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 16 has the meaning given the term in section 4(e) of 17 the Indian Self-Determination and Education Assist- 18 ance Act (25 U.S.C. 5304(e)). 19 (7) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Transportation. 21 (8) TOTAL PROJECT COST.—The term ‘‘total 22 project cost’’ means the sum total of all costs in- 23 curred in the development of a project that are ap- 24 VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3566 IH proved by the Secretary as reasonable and nec- 1 essary, including— 2 (A) the cost of acquiring real property; 3 (B) the cost of site preparation, demoli- 4 tion, and development; 5 (C) expenses related to the issuance of 6 bonds or notes; 7 (D) fees in connection with the planning, 8 execution, and financing of the project; 9 (E) the cost of studies, surveys, plans, per- 10 mits, insurance, interest, financing, tax, and as- 11 sessment costs; 12 (F) the cost of construction, rehabilitation, 13 reconstruction, and equipping the project; 14 (G) the cost of land improvements; 15 (H) contractor fees; 16 (I) the cost of training and education re- 17 lated to the safety of users of any greenway 18 path constructed as part of an eligible greenway 19 project; and 20 (J) any other cost that the Secretary de- 21 termines is necessary and reasonable. 22 Æ VerDate Sep 11 2014 05:41 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3566.IH H3566 kjohnson on DSK79L0C42PROD with BILLS