I 
113TH CONGRESS 
2D SESSION 
H. R. 3978 
To authorize the Secretary of Transportation to establish a pedestrian and 
bicycle infrastructure credit assistance pilot program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2014 
Mr. SIRES (for himself, Mr. CARSON of Indiana, Ms. ROS-LEHTINEN, and Mr. 
DIAZ-BALART) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To authorize the Secretary of Transportation to establish 
a pedestrian and bicycle infrastructure credit assistance 
pilot program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘New Opportunities for Bicycle and Pedestrian Infra-
structure Financing Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
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Sec. 3. Authority to provide assistance. 
Sec. 4. Eligible entities. 
Sec. 5. Projects eligible for assistance. 
Sec. 6. Applications. 
Sec. 7. Determination of eligibility and project selection. 
Sec. 8. Secured loans and loan guarantees. 
Sec. 9. Program administration. 
Sec. 10. State and local permits. 
Sec. 11. Definitions. 
Sec. 12. Regulations. 
Sec. 13. Funding. 
Sec. 14. Report to Congress. 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To promote investment in bicycling and 
walking infrastructure to create and connect trans-
portation networks. 
(2) To improve access to employment, business 
districts, and transit in communities traditionally 
underserved by existing transportation systems by 
establishing additional opportunities for financing 
nonmotorized infrastructure projects. 
(3) To attract new investment to business dis-
tricts and neighborhoods in low-income communities. 
(4) To leverage Federal funds and private in-
vestment in low-income communities and those tra-
ditionally underserved by existing transportation sys-
tems. 
SEC. 3. AUTHORITY TO PROVIDE ASSISTANCE. 
The Secretary of Transportation may provide finan-
cial assistance under this Act to eligible entities to carry 
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out bicycle and pedestrian infrastructure projects selected 
for such assistance under this Act. 
SEC. 4. ELIGIBLE ENTITIES. 
In this Act, the term ‘‘eligible entity’’ means the fol-
lowing: 
(1) A corporation. 
(2) A public/private partnership. 
(3) A joint venture. 
(4) A trust. 
(5) A State infrastructure financing authority. 
SEC. 5. PROJECTS ELIGIBLE FOR ASSISTANCE. 
Financial assistance may be provided under this Act 
only for the following types of projects: 
(1) A project for the construction, planning, 
and design of on-road and off-road pathways for pe-
destrians, bicyclists, and other nonmotorized forms 
of transportation to create a comprehensive and con-
nected transportation system, including sidewalks, 
bicycling infrastructure and parking, pedestrian and 
bicycle signals, traffic calming techniques, lighting 
and other safety-related infrastructure, and trans-
portation projects to achieve compliance with the 
American with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
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(2) A project for the construction, planning, 
and design of infrastructure-related projects and 
systems that connect existing infrastructure to cre-
ate a network and improve safety and access for 
nonmotorized users to transit, schools, and commer-
cial areas. 
(3) Innovative infrastructure for bicycling and 
walking, such as designs included in the National 
Association of City Transportation Officials guide 
for urban street design, to enhance the ability of 
communities to develop solutions to increase non-
motorized travel. 
(4) A project for the conversion and use of 
abandoned railroad corridors for trails for pedes-
trians, bicyclists, or other nonmotorized transpor-
tation users to connect to or expand an existing net-
work of bicycle and pedestrian facilities. 
(5) A bike share program as a standalone 
project or in conjunction with other infrastructure 
projects. 
SEC. 6. APPLICATIONS. 
(a) IN GENERAL.—The Secretary shall provide for el-
igible entities to submit applications for selection of eligi-
ble projects to receive financial assistance under this Act 
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at such time, in such manner, and containing such infor-
mation as the Secretary may require. 
(b) COMBINED PROJECTS.—The Secretary shall pro-
vide, only in the case of a State infrastructure financing 
authority, that such an entity may submit a single applica-
tion for a combination of projects, each of which is an 
eligible project under section 8(b). 
SEC. 7. DETERMINATION OF ELIGIBILITY AND PROJECT SE-
LECTION. 
(a) SELECTION OF PROJECTS.—Using the selection 
criteria under subsection (d), the Secretary shall select, 
from applications submitted pursuant under this Act, eli-
gible projects that meet the criteria under subsections (b) 
and (c) for financial assistance under this Act. 
(b) ACTIVITIES
ELIGIBLE
FOR
ASSISTANCE.— 
Amounts from a loan made or guaranteed under this Act 
provided for an eligible project may be used to pay the 
costs of carrying out such project, including costs of— 
(1) development-phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, permitting, preliminary engineer-
ing and design work, and other preconstruction ac-
tivities; 
(2) construction, reconstruction, rehabilitation, 
and replacement activities; 
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(3) the acquisition of real property (including 
land relating to the project and improvements to 
land), environmental mitigation, construction contin-
gencies, and acquisition of equipment; 
(4) capitalized interest necessary to meet mar-
ket requirements, reasonably required reserve funds, 
capital issuance expenses, and other carrying costs 
during construction; and 
(5) refinancing interim construction funding, 
long-term project obligations, or a secured loan or 
loan guarantee made under this Act. 
(c) PROJECT REQUIREMENTS.—An eligible project 
may not be selected to receive financial assistance under 
this Act unless the Secretary determines that the project 
meets all of the following criteria: 
(1) CREDITWORTHINESS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the project shall be creditworthy, as 
determined by the Secretary as applicable, to 
ensure that any financing for the project has 
appropriate security features, such as a rate 
covenant, to ensure repayment. 
(B) PRELIMINARY RATING OPINION LET-
TER.—The Secretary shall require an applicant 
for each project to provide, as part of the appli-
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cation for the project under this section, a pre-
liminary rating opinion letter from at least one 
rating agency indicating that the senior project 
obligations of the project (which may be the 
Federal credit instrument) have the potential to 
achieve an investment-grade rating. 
(C) SPECIAL
RULE
FOR
CERTAIN
COM-
BINED PROJECTS.—The Secretary shall develop 
a credit evaluation process for a Federal credit 
instrument provided to a State infrastructure 
financing authority for a project described in 
subsection (b), which may include requiring the 
provision of a preliminary rating opinion letter 
from at least one rating agency. 
(2) ELIGIBLE PROJECT COSTS.—The costs of 
an eligible project shall be reasonably anticipated to 
be not less than $2,000,000. 
(3) DEDICATED REVENUE SOURCES.—The Fed-
eral credit instrument for the project shall be repay-
able, in whole or in part, from dedicated revenue 
sources that also secure the project obligations. 
(4) PUBLIC SPONSORSHIP OF PRIVATE ENTI-
TIES.—In the case of a project carried out by an en-
tity that is not a State or local government or an 
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agency or instrumentality of a State or local govern-
ment, the project shall be publicly sponsored. 
(5) PUBLIC INVOLVEMENT PROCESS.—The ap-
plicant shall show evidence of having incorporated a 
public involvement process in the application, and 
plans for continued public involvement through the 
implementation of the process. The public involve-
ment processes shall be proactive and provide com-
plete information, timely public notice, full public ac-
cess to key decisions, and opportunities for early and 
continuing involvement. The processes shall provide 
for— 
(A) reasonable public access to technical 
and policy information used in the development 
of the application; 
(B) adequate public notice of public in-
volvement activities and time for public review 
and comment at key decision points; 
(C) a process for demonstrating explicit 
consideration and response to public input dur-
ing the planning and program development 
process; and 
(D) a process for seeking out and consid-
ering the needs of those traditionally under-
served by existing transportation systems, such 
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as low-income and minority households which 
may face challenges accessing employment and 
other amenities. 
(d) SELECTION AMONG ELIGIBLE PROJECTS.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a rolling application process in which projects 
that are eligible to receive credit assistance under 
subsection (a) shall receive credit assistance on 
terms acceptable to the Secretary, if adequate funds 
are available to cover the subsidy costs associated 
with the Federal credit instrument. 
(2) ADEQUATE FUNDING NOT AVAILABLE.—If 
the Secretary fully obligates funding to eligible 
projects in a given fiscal year, and adequate funding 
is not available to fund a credit instrument, a 
project sponsor of an eligible project may elect to 
enter into a master credit agreement and wait until 
the following fiscal year or until additional funds are 
available to receive credit assistance. 
(e) LOW-INCOME
COMMUNITIES.—The Secretary 
shall ensure that not less that 25 percent of funds under 
this section are used to support projects in low-income 
communities. 
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(f) FEDERAL REQUIREMENTS.—Nothing in this sec-
tion may be construed to alter, affect, or annul the appli-
cability of any other Federal law. 
SEC. 8. SECURED LOANS AND LOAN GUARANTEES. 
(a) AUTHORITY.—The Secretary may enter into 
agreements with eligible entities to make, and may make, 
secured loans to such entities as provided under this sec-
tion for eligible projects selected under section 8. 
(b) USE.— 
(1) IN GENERAL.—The proceeds of a secured 
loan under this section shall be used only— 
(A) to finance project costs of an eligible 
project selected under section 8; 
(B) subject to paragraph (2), to refinance 
interim construction financing of eligible project 
costs of an eligible project selected under sec-
tion 8; or 
(C) to refinance long-term project obliga-
tions or Federal credit instruments, if such refi-
nancing provides additional funding capacity for 
the completion, enhancement, or expansion of a 
project that— 
(i) is selected under section 8; or 
(ii) was originally financed, in whole 
or in part, with amounts provided other 
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