Moving Ahead for Progress in the 21st Century Act (MAP-21)

This is the text of MAP-21 legislation related to the new Transportation Alternatives (TA) program. Note: The exact statutory format is only available in the PDF version.

PDF files can be viewed with the Acrobat® Reader®

Transportation Alternatives Definitions

SEC. 1103. DEFINITIONS.

Definitions- Section 101(a) of title 23, United States Code, is amended--
1. by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);
2. by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;
3. by inserting after paragraph (1) the following:
  1. by striking paragraph (29) (as so redesignated) and inserting the following:
    1. TRANSPORTATION ALTERNATIVES- The term 'transportation alternatives' means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:
      1. Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
      2. Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs.
      3. Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.
      4. Construction of turnouts, overlooks, and viewing areas.
      5. Community improvement activities, including--
        
        inventory, control, or removal of outdoor advertising;
        
        historic preservation and rehabilitation of historic transportation facilities;
        
        vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and
        
        archaeological activities relating to impacts from implementation of a transportation project eligible under this title.
      6. Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to--
        
        address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or
        
        reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.; and

Transportation Alternatives Program

SEC. 1122. TRANSPORTATION ALTERNATIVES.

In General- Section 213 of title 23, United States Code, is amended to read as follows:
Sec. 213. Transportation alternatives

Reservation of Funds-
1. IN GENERAL- On October 1 of each of fiscal years 2013 and 2014, the Secretary shall proportionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that--
  1. the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of the MAP-21; bears to
  2. the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009.
    1. CALCULATION OF NATIONAL AMOUNT- The Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title.
Eligible Projects- A State may obligate the funds reserved under this section for any of the following projects or activities:
1. Transportation alternatives, as defined in section 101.
2. (The recreational trails program under section 206.
3. The safe routes to school program under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
4. Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
Allocations of Funds-
1. CALCULATION- Of the funds reserved in a State under this section--
  1. 50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State--
    1. in urbanized areas of the State with an urbanized area population of over 200,000;
    2. in areas of the State other than urban areas with a population greater than 5,000; and
    3. in other areas of the State; and
  2. 50 percent shall be obligated in any area of the State.
1. METROPOLITAN AREAS- Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
2. DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 POPULATION-
  1. IN GENERAL- Except as provided in paragraph (1)(B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.
  2. OTHER FACTORS- A State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
3. ACCESS TO FUNDS-
  1. IN GENERAL- Each State or metropolitan planning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.
  2. DEFINITION OF ELIGIBLE ENTITY- In this paragraph, the term 'eligible entity' means--
    1. a local government;
    2. a regional transportation authority;
    3. a transit agency;
    4. a natural resource or public land agency;
    5. a school district, local education agency, or school;
    6. a tribal government; and
    7. any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.
4. SELECTION OF PROJECTS- For funds reserved in a State under this section and suballocated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.
Flexibility of Excess Reserved Funding- Beginning in the second fiscal year after the date of enactment of the MAP-21, if on August 1 of that fiscal year the unobligated balance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity--
1. that is eligible to receive funding under this section; or
2. for which the Secretary has approved the obligation of funds for any State under section 149.
Treatment of Projects- Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter.
Continuation of Certain Recreational Trails Projects- Each State shall--
1. obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206;
2. return 1 percent of those funds to the Secretary for the administration of that program; and
3. comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described under subsection (d)(3)(A) of that section.
State Flexibility- A State may opt out of the recreational trails program under subsection (f) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.

Conforming Amendment- The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 213 and inserting the following:
213. Transportation alternatives.

Youth Service and Conservation Corps

SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.

In General- The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101-610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA-LU (119 Stat. 1228).
Requirements- Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall--
1. set the amount of a living allowance or rate of pay for each participant in such corps at--
  1. such amount or rate as required under State law in a State with such requirements; or
  2. for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101-610 (42 U.S.C. 12594); and
2. not subject such corps to the requirements of section 112 of title 23, United States Code.