Bicycle and Pedestrian Provisions in (SAFETEA-LU) not Codified in Title 23

SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

(a) ESTABLISHMENT.--Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.

(b) PURPOSES.--The purposes of the program shall be- (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;
(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and
(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

(c) APPORTIONMENT OF FUNDS.--
(1) IN GENERAL.--Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that- (A) the total student enrollment in primary and middle schools in each State; bears to (B) the total student enrollment in primary and middle schools in all States. (2) MINIMUM APPORTIONMENT.--No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. (3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.--Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of such amounts for the administrative expenses of the Secretary in carrying out this subsection. (4) DETERMINATION OF STUDENT ENROLLMENTS.--Determinations under this subsection concerning student enrollments shall be made by the Secretary.

(d) ADMINISTRATION OF AMOUNTS.--Amounts apportioned to a State under this section shall be administered by the State's department of transportation.

(e) ELIGIBLE RECIPIENTS.--Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

(f) ELIGIBLE PROJECTS AND ACTIVITIES.--
(1) INFRASTRUCTURE-RELATED PROJECTS.-- (A) IN GENERAL.--Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (B) LOCATION OF PROJECTS.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. (2) NONINFRASTRUCTURE-RELATED ACTIVITIES.-- (A) IN GENERAL.--In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. (B) ALLOCATION.--Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph. (3) SAFE ROUTES TO SCHOOL COORDINATOR.--Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program.

(g) CLEARINGHOUSE.--
(1) IN GENERAL.--The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to- (A) operate a national safe routes to school clearinghouse; (B) develop information and educational programs on safe routes to school; and (C) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. (2) FUNDING.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

(h) TASK FORCE.--
(1) IN GENERAL.--The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide. (2) REPORT.--Not later than March 31, 2006, the Secretary shall submit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1) and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under paragraphs (1) and (2) of subsection (f). (3) FUNDING.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

(i) APPLICABILITY OF TITLE 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project or activity under this section shall be 100 percent.

(j) TREATMENT OF PROJECTS.--Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

(k) DEFINITIONS.--In this section, the following definitions apply: (1) IN THE VICINITY OF SCHOOLS.--The term "in the vicinity of schools" means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). (2) PRIMARY AND MIDDLE SCHOOLS.--The term "primary and middle schools" means schools providing education from kindergarten through eighth grade.

SEC. 1405. ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND PEDESTRIANS.

(a) IN GENERAL.--The Secretary shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled "Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA-RD-01-103)" and dated October 2001.

(b) FEDERAL SHARE.--The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code.

(c) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2005 through 2009.

SEC. 1411. ROADWAY SAFETY.

(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.--
(1) IN GENERAL.--The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety-- (A) to operate a national bicycle and pedestrian clearinghouse;
(B) to develop information and educational programs; and
(C) to disseminate techniques and strategies for improving bicycle and pedestrian safety. (2) FUNDING.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $300,000 for fiscal year 2005 and $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection. (3) APPLICABILITY OF TITLE 23.--Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.

SEC. 1807. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

(a) ESTABLISHMENT.--The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in the following 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers: (1) Columbia, Missouri.
(2) Marin County, California.
(3) Minneapolis-St. Paul, Minnesota.
(4) Sheboygan County, Wisconsin.

(b) PURPOSE.--The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities.

(c) GRANTS.--In carrying out the program, the Secretary may make a grant of $6,250,000 per fiscal year for each of the communities set forth in subsection (a) to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this section. An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section.

(d) STATISTICAL INFORMATION.--In carrying out the program, the Secretary shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of bicycling and walking, and promote better health and a cleaner environment.

(e) REPORTS.--The Secretary shall submit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program.

(f) FUNDING.-- (1) AUTHORIZATION OF APPROPRIATIONS.-- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $25,000,000 for each of fiscal years 2006 through 2009. (2) CONTRACT AUTHORITY.--Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable.

(g) TREATMENT OF PROJECTS.--Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.