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23 U.S.C. § 208 — Safe routes to school
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **In the vicinity of schools.—** — The term “in the vicinity of schools”, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school.
(2) **Primary, middle, and high schools.—** — The term “primary, middle, and high schools” means schools providing education from kindergarten through 12th grade.
**(b) 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, middle, and high schools.
**(c) Purposes.—** The purposes of the program established under subsection (b) 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.
**(d) 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 so that each State receives the amount equal to the proportion that—
(A) the total student enrollment in primary, middle, and high schools in each State; bears to
(B) the total student enrollment in primary, middle, and high 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 admi
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Source location: Title 23, Chapter 2, § 208; chapter-002-other-highways.md
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**(a) Definitions.—** In this section:
(1) **In the vicinity of schools.—** — The term “in the vicinity of schools”, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school.
(2) **Primary, middle, and high schools.—** — The term “primary, middle, and high schools” means schools providing education from kindergarten through 12th grade.
**(b) 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, middle, and high schools.
**(c) Purposes.—** The purposes of the program established under subsection (b) 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.
**(d) 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 so that each State receives the amount equal to the proportion that—
(A) the total student enrollment in primary, middle, and high schools in each State; bears to
(B) the total student enrollment in primary, middle, and high 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 those amounts for the administrative expenses of the Secretary in carrying out this section.
(4) **Determination of student enrollments.—** — Determinations under this subsection relating to student enrollments shall be made by the Secretary.
**(e) Administration of Amounts.—** Amounts apportioned to a State under this section shall be administered by the State department of transportation.
**(f) Eligible Recipients.—** Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.
**(g) 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 paragraph.
(3) **Safe routes to school coordinator.—** — Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State.
**(h) Clearinghouse.—**
(1) **In general.—** — The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools—
(A) to operate a national safe routes to school clearinghouse;
(B) to develop information and educational programs on safe routes to school; and
(C) to 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 (d)(3).
**(i) Treatment of Projects.—** Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative Expenses.—**
(1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
(A) $490,964,697 for fiscal year 2022;
(B) $500,783,991 for fiscal year 2023;
(C) $510,799,671 for fiscal year 2024;
(D) $521,015,664 for fiscal year 2025; and
(E) $531,435,977 for fiscal year 2026.
(2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used—
(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim).
(3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended.
**(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) **In general.—** — Each State shall have in effect a highway safety program that—
(i) is designed to reduce—
(I) traffic crashes; and
(II) deaths, injuries, and property damage resulting from those crashes;
(ii) includes—
(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and
(II) an approved grant application under subsection (l) for the fiscal year;
(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and
(iv) is approved by the Secretary.
(2) **Uniform guidelines.—** — Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
(A) include programs—
(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
(ii) to encourage the proper use of safety belts by occupants of motor vehicles;
(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
(vi) to reduce injuries and deaths resulting from crashes involving school buses;
(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash proce
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Federal law — U.S. Code and appendices · legal_authorities
Page 338
TITLE 23—HIGHWAYS
§ 208
(C) EXPIRATION
OF
AUTHORITY.—The au-
thority to promulgate regulations under
subparagraph (A) shall expire 48 months
after such date of enactment.
(D) EXTENSION OF DEADLINES.—A deadline
set forth in subparagraph (B) or (C) may be
extended up to 180 days if the negotiated
rulemaking committee referred to in para-
graph (2) concludes that the committee can-
not meet the deadline and the Secretary so
notifies the appropriate committees of Con-
gress.
(2) COMMITTEE.—
(A) IN GENERAL.—A negotiated rulemaking
committee established pursuant to section
565 of title 5 to carry out this subsection
shall have as its members only Federal and
tribal government representatives, a major-
ity of whom shall be nominated by and be
representatives of Indian tribes with funding
agreements under this title.
(B) REQUIREMENTS.—The committee shall
confer with, and accommodate participation
by, representatives of Indian tribes, inter-
tribal consortia, tribal organizations, and
individual tribal members.
(C) ADAPTATION OF PROCEDURES.—The Sec-
retary shall adapt the negotiated rule-
making procedures to the unique context of
self-governance and the government-to-gov-
ernment relationship between the United
States and Indian tribes.
(3) Effect.—The lack of promulgated regula-
tions shall not limit the effect of this section.
(4) EFFECT OF CIRCULARS, POLICIES, MANUALS,
GUIDANCE,
AND
RULES.—Unless
expressly
agreed to by the participating Indian tribe in
the compact or funding agreement, the par-
ticipating Indian tribe shall not be subject to
any agency circular, policy, manual, guidance,
or rule adopted by the Department, except
regulations promulgated under this section.
(Added Pub. L. 114–94, div. A, title I, § 1121(a),
Dec. 4, 2015,
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