I 

111TH CONGRESS 

2D SESSION H. R. 4722 

To direct the Secretary of Transportation to carry out an active transportation investment program to encourage a mode shift to active transportation within selected communities by providing safe and convenient 

options to bicycle and walk for routine travel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2010 

Mr. BLUMENAUER (for himself, Mr. CAPUANO, Mr. CARNAHAN, Mr. COHEN, 

Mr. FILNER, Mr. LIPINSKI, and Mr. MORAN of Virginia) 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 encourage 

a mode shift to active transportation within selected communities by providing safe and convenient options to 

bicycle and walk for routine travel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Active Community 

5 Transportation Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Nearly half of the trips taken in the United 

4 States are within a 20-minute bicycle ride, and a 

5 quarter of such trips are within a 20-minute walk. 

6 (2) Approximately 90 percent of public trans7 portation trips are accessed by walking or bicycling. 

8 (3) More than 100 communities across the Na9 tion have adopted complete streets policies, thereby 

10 proving the commitment of these communities to 

11 creating streets that are safe and convenient for 

12 users of all ages and abilities, including those who 

13 are walking, bicycling, taking public transportation, 

14 or driving. 

15 (4) Communities that invest in active transpor16 tation infrastructure experience significant increases 

17 in bicycling and walking rates over time, and such 

18 investments are in strong demand because they en19 hance the livability of communities. 

20 (5) The communities that perform best in en21 couraging active transportation create inter22 connected systems that make it convenient and safe 

23 to travel on foot or by bicycle to destinations on a 

24 routine basis. 

25 (6) Achieving a mode shift to active transpor26 tation within a community requires intensive, conVerDate Nov 24 2008 22:49 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4722.IH H4722

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1 centrated funding of active transportation systems 

2 rather than discrete, piecemeal projects. 

3 (7) Increased use of active transportation leads 

4 to reductions in traffic congestion, greenhouse gas 

5 emissions, vehicle miles traveled, oil dependence, air 

6 pollution, and obesity and diseases associated with 

7 physical inactivity. 

8 (8) Given the contribution that active transpor9 tation makes to these national policy goals, and the 

10 opportunity active transportation provides to accom11 modate short trips at the least cost to the public and 

12 individuals, funding of active transportation is one 

13 of the most strategic and cost effective Federal 

14 transportation investments available. 

15 SEC. 3. DEFINITIONS. 

16 In this Act, the following definitions apply: 

17 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac18 tive transportation’’ means mobility options powered 

19 solely by human energy, such as bicycling and walk20 ing. 

21 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

22 has the meaning given that term in section 4(e) of 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450b(e)). 


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1 (3) PROGRAM.—The term ‘‘program’’ means 

2 the active transportation investment program estab3 lished under section 4. 

4 SEC. 4. ACTIVE TRANSPORTATION INFRASTRUCTURE IN5 VESTMENT PROGRAM. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 shall carry out an active transportation investment pro8 gram in accordance with the requirements of this section. 

9 (b) PURPOSE.—The purpose of the program shall be 

10 to encourage a mode shift to active transportation within 

11 selected communities by providing safe and convenient op12 portunities to bicycle and walk for routine travel. 

13 (c) SELECTION OF COMMUNITIES.— 

14 (1) APPLICATIONS.—A community seeking to 

15 participate in the program shall submit to the Sec16 retary an application that is in such form and con17 tains such information as the Secretary may require. 

18 (2) INITIAL AND ADDITIONAL SELECTIONS.— 

19 (A) INITIAL SELECTIONS.—The Secretary 

20 shall select initial communities to participate in 

21 the program. Such communities shall partici22 pate in the program in each of fiscal years 

23 2011 through 2015. 

24 (B) ADDITIONAL SELECTIONS.—Following 

25 the initial selections under subparagraph (A), 


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1 the Secretary shall select additional commu2 nities to participate in the program. Such com3 munities shall participate in the program in 

4 each of fiscal years 2013 through 2015. 

5 (3) CRITERIA.— 

6 (A) IN GENERAL.—In selecting commu7 nities to participate in the program, the Sec8 retary shall consider, at a minimum, the extent 

9 to which a community— 

10 (i) provides a plan for development of 

11 walking and bicycling infrastructure that is 

12 likely to contribute to a significant trans13 portation mode shift to walking and bicy14 cling; 

15 (ii) demonstrates broad community 

16 support that will facilitate successful and 

17 expeditious implementation; 

18 (iii) demonstrates a cohesive plan in 

19 which noninfrastructure elements, where 

20 proposed, reinforce achievement of the pur21 pose of the program; 

22 (iv) provides evidence of regulatory or 

23 financial incentives or community design 

24 policies that facilitate significant increases 

25 in bicycling or walking; and 


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1 (v) commits State, local, or eligible 

2 Federal matching funds, in addition to 

3 Federal funds made available under this 

4 section, to projects eligible for assistance 

5 under this section. 

6 (B) STRATEGIC PRIORITIES THAT FACILI7 TATE SUCCESS.—For purposes of subparagraph 

8 (A)(i), strategic priorities that facilitate success 

9 in increasing walking and bicycling include ef10 fective plans— 

11 (i) to create a network of active trans12 portation facilities connecting neighbor13 hoods with destinations such as work14 places, schools, residences, businesses, 

15 recreation areas, and other community ac16 tivity centers; 

17 (ii) to integrate active transportation 

18 facilities with transit services, where avail19 able, to improve access to public transpor20 tation; and 

21 (iii) to deliver safe, convenient, cost22 effective mobility via walking and bicycling. 

23 (C) INDICATORS OF COMMUNITY SUP24 PORT.—For purposes of subparagraph (A)(ii), 

25 indicators of community support include— 


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1 (i) the use of public input in the de2 velopment of transportation plans; and 

3 (ii) the commitment of community 

4 leaders to the success and timely imple5 mentation of projects eligible for assistance 

6 under this section. 

7 (d) GRANTS.— 

8 (1) IN GENERAL.—The Secretary shall make 

9 grants to each community selected to participate in 

10 the program. 

11 (2) RECIPIENTS.—A recipient of a grant rep12 resenting a community under the program shall be 

13 a local or regional governmental organization, multi14 county special district, or Indian tribe that the Sec15 retary determines is suitably equipped and organized 

16 to carry out the objectives and requirements of this 

17 section. Such organizations include metropolitan 

18 planning organizations and other regional planning 

19 organizations. 

20 (3) SUBRECIPIENTS.—A recipient of a grant 

21 under the program may suballocate funds from the 

22 grant to a nonprofit organization to carry out the 

23 purposes of the program. 

24 (4) INCLUSION OF CERTAIN COMMUNITIES.—To 

25 fulfill the Nation’s need to achieve and document 


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1 mode shift to bicycling and walking over time, the 

2 4 communities that received pilot funding under sec3 tion 1807 of SAFETEA–LU (119 Stat. 1460) may 

4 be among the communities selected by the Secretary 

5 under subsection (c). 

6 (5) GRANTS AMOUNTS.— 

7 (A) IN GENERAL.—The Secretary may 

8 make a grant as low as $5,000,000 and as high 

9 as $15,000,000 per fiscal year for a community 

10 participating in the program. The Secretary 

11 shall ensure that grant awards under the pro12 gram are sufficiently high to enable a mode 

13 shift to active transportation. 

14 (B) JUSTIFICATION FOR LARGER

15 GRANTS.—Subject to the $15,000,000 per fiscal 

16 year limit set forth in subparagraph (A), the 

17 Secretary may justify a grant in a higher 

18 amount for a community under the program 

19 based on the population served, greater oppor20 tunities to shift trips to bicycling and walking, 

21 or use of innovative design features. 

22 (e) ELIGIBLE PROJECTS.—Grants made to commu23 nities under this section shall be used for one or more of 

24 the following purposes: 


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1 (1) To carry out projects to construct networks 

2 of active transportation infrastructure facilities, in3 cluding sidewalks, bikeways, and pedestrian and bi4 cycle trails, that connect people with public transpor5 tation, workplaces, schools, residences, businesses, 

6 recreation areas, and other community activity cen7 ters. 

8 (2) To carry out projects to provide for bicycle 

9 boxes, cycle tracks, bicycle boulevards, dual traffic 

10 signals, and bicycle sharing stations. 

11 (3) To carry out projects to restore and up12 grade current active transportation infrastructure 

13 facilities. 

14 (4) To carry out projects to support educational 

15 activities, safety-oriented activities, and technical as16 sistance to further the purpose of the program. 

17 (f) PROGRAM MEASURES.—In carrying out the pro18 gram, the Secretary shall develop statistical information 

19 on changes in motor vehicle, active transportation, and 

20 public transportation usage in communities participating 

21 in the program and assess how the changes impact conges22 tion and energy usage, impact the frequency of bicycling 

23 and walking, and impact health, safety, and the environ24 ment. In addition, the Secretary shall develop interim 

25 measures of progress, which may include indicators of 


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1 public engagement, educational outcomes, and project ad2 vancement into planning and development. 

3 (g) DEADLINES.— 

4 (1) REQUEST FOR APPLICATIONS.—Not later 

5 than 60 days after the date of enactment of this 

6 Act, the Secretary shall publish in the Federal Reg7 ister a request for applications pursuant to sub8 section (c)(1). 

9 (2) SELECTION OF INITIAL COMMUNITIES.— 

10 Not later than 180 days after such date of enact11 ment, the Secretary shall select initial communities 

12 to participate in the program under subsection 

13 (c)(2)(A). 

14 (3) SELECTION OF ADDITIONAL COMMU15 NITIES.—Not later than September 30, 2012, the 

16 Secretary shall select additional communities to par17 ticipate in the program under subsection (c)(2)(B). 

18 (4) GRANTS.—The Secretary shall make grants 

19 to selected to participate in the program under sub20 section (c)— 

21 (A) for fiscal year 2011, not later than the 

22 later of— 

23 (i) the 60th day after the date of the 

24 selection of communities under subsection 

25 (c)(2)(A); and 


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1 (ii) the 30th day of the fiscal year; 

2 and 

3 (B) for each of fiscal years 2012 through 

4 2015, not later than 30th day of the fiscal year. 

5 (h) REPORTS.— 

6 (1) IN GENERAL.—The Secretary shall submit 

7 to Congress— 

8 (A) an interim report on progress made 

9 under the program not later than September 

10 30, 2014; and 

11 (B) a final report on progress made under 

12 the program not later than September 30, 

13 2016. 

14 (2) CONTENTS.—Each report submitted under 

15 paragraph (1) shall include the Secretary’s findings 

16 concerning the best practices of communities partici17 pating in the program and the impediments experi18 enced by such communities relating to program de19 velopment and achieving a mode shift to active 

20 transportation. 

21 (i) FUNDING.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated out of the 

24 Highway Trust Fund (other than the Mass Transit 

25 Account) to carry out this section— 


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1 (A) $300,000,000 for fiscal year 2011; 

2 (B) $300,000,000 for fiscal year 2012; 

3 (C) $466,666,666 for fiscal year 2013; 

4 (D) $466,666,666 for fiscal year 2014; 

5 and 

6 (E) $466,666,668 for fiscal year 2015. 

7 (2) CONTRACT AUTHORITY.—Funds authorized 

8 to be appropriated by this section shall be available 

9 for obligation and administered in the same manner 

10 as if the funds were apportioned under chapter 1 of 

11 title 23, United States Code, except that the Federal 

12 share of the cost of a project carried out using the 

13 funds shall be 100 percent, and the funds shall re14 main available until expended and shall not be trans15 ferable. 

16 (3) ADMINISTRATIVE COSTS.— 

17 (A) SET ASIDE.—Each fiscal year, the Sec18 retary shall set aside not more than 1.5 percent 

19 of the funds made available to carry out this 

20 section to cover the costs of administrative, re21 search, technical assistance, communications, 

22 and training activities under the program. 

23 (B) CONTRACTS AND OTHER AGREE24 MENTS.—The Secretary may enter into con25 tracts with for-profit organizations, or conVerDate Nov 24 2008 22:49 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4722.IH H4722

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1 tracts, partnerships, or cooperative agreements 

2 with other government agencies, institutions of 

3 higher learning, or nonprofit organizations, to 

4 perform activities with amounts set aside under 

5 subparagraph (A). The Federal share of the 

6 cost of such activities may be up to 100 per7 cent. 

8 (C) LIMITATION ON STATUTORY CON9 STRUCTION.—Nothing in this paragraph may 

10 be construed to prohibit a community from re11 ceiving research or other funds under title 23 or 

12 49, United States Code. 

13 (j) TREATMENT OF PROJECTS.— 

14 (1) NONINFRASTRUCTURE PROJECTS.—Non15 infrastructure projects and infrastructure projects 

16 that do not involve or lead directly to construction 

17 assisted under this subsection shall not be treated as 

18 projects on a Federal-aid system under chapter 1 of 

19 title 23, United States Code. 

20 (2) INFRASTRUCTURE PROJECTS.—Not later 

21 than one year after the date of enactment of this 

22 Act, the Secretary shall develop regulations or guid23 ance (or both) for Federal-aid projects under this 

24 section that encourages the use of the programmatic 

25 categorical exclusion, expedited procurement techVerDate Nov 24 2008 22:49 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4722.IH H4722

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1 niques, and other best practices to facilitate produc2 tive and timely expenditure for projects that are 

3 small, low impact, and constructed within an exist4 ing built environment. 

5 (3) STATE PROCESSES.—The Secretary shall 

6 work with State departments of transportation to 

7 ensure that any guidance or regulation developed 

8 under paragraph (2) is being implemented by States 

9 and the Federal Highway Administration consist10 ently to avoid unnecessary delays in implementing 

11 projects and to ensure the effective use of Federal 

12 dollars. 

13 (k) ASSISTANCE TO INDIAN TRIBES.—Notwith14 standing any other provision of law, the Secretary may 

15 enter into grants agreements, self-determination con16 tracts, and self-governance compacts under the authority 

17 of the Indian Self-Determination and Education Assist18 ance Act (25 U.S.C. 450 et seq.) with eligible Indian tribes 

19 to carry out the purposes of this Act, and such grant 

20 agreements, self-determination contracts, and self-govern21 ance compacts shall be administered in accordance with 

22 that Act. 

Æ 


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