23 U.S.C. § 209 — Untitled legal text

Page 339 TITLE 23—HIGHWAYS [§ 209 ternative, 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 vi- cinity 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 ap- portioned among the States so that each State receives the amount equal to the proportion that— (A) the total student enrollment in pri- mary, middle, and high schools in each State; bears to (B) the total student enrollment in pri- mary, 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 EX- PENSES.—Before apportioning under this sub- section 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 ENROLL- MENTS.—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 appor- tioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, in- cluding nonprofit organizations, that dem- onstrate 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 in- frastructure-related projects that will sub- stantially improve the ability of students to walk and bicycle to school, including side- walk 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 im- provements in the vicinity of schools. (B) LOCATION OF PROJECTS.—Infrastruc- ture-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 ACTIVI- TIES.— (A) IN GENERAL.—In addition to projects described in paragraph (1), amounts appor- tioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness cam- paigns 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, vol- unteers, 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 noninfrastruc- ture-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 coordi- nator 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 en- gaged 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 dis- seminate 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 ad- ministrative 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. (Added Pub. L. 117–58, div. A, title I, § 11119(a), Nov. 15, 2021, 135 Stat. 495.) Editorial Notes PRIOR PROVISIONS A prior section 208, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 87–282, Sept. 22, 1961, 75 Stat. 584; Pub. L. 93–643, § 102(c), Jan. 4, 1975, 88 Stat. 2281, provided for use of funds for construction and improvement of In- dian reservation roads and bridges, supervision of such projects by the Secretary, that such funds be only sup- plementary to funds apportioned under section 104 of this title, for use of Indian labor in such projects, and for cooperation with States and localities, prior to re- peal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of this title. [§ 209. Repealed. Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115] Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 88–423, § 4(b), Aug. 13, 1964, 78 Stat. 397, provided for use of funds for construction and maintenance of public lands highways, cooperation with State agencies, the Page 340 TITLE 23—HIGHWAYS § 210 application of section 112 of this title to public lands highways, and for use of such funds for adjacent ancil- lary facilities and services. § 210. Defense access roads (a) AUTHORIZATION.— (1) IN GENERAL.—When defense access roads are certified to the Secretary as important to the national defense by the Secretary of De- fense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense ac- cess roads, to provide for— (A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydrau- lic appurtenances on those roads) to— (i) military reservations; (ii) defense industry sites; (iii) air or sea ports that are necessary for or are planned to be used for the de- ployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iv) sources of raw materials; (B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, re- gardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disas- ters; and (C) replacing existing highways and high- way connections that are shut off from gen- eral public use by necessary closures, clo- sures due to mean sea level fluctuation and flooding, or restrictions at— (i) military reservations; (ii) air or sea ports that are necessary for or are planned to be used for the deploy- ment or sustainment of members of the Armed Forces, equipment, or supplies; or (iii) defense industry sites. (2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement re- quired to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the mag- nitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation. (b) Funds appropriated for the purposes of this section shall be available, without regard to ap- portionment among the several States, for pay- ing all or any part of the cost of construction, reconstruction, resurfacing, restoration, reha- bilitation, and preservation of, or enhancements to, defense access roads. (c) Funds appropriated for defense maneuvers and exercises, may be used by the Secretary in areas certified to the Secretary by the Secretary of Defense as maneuver areas for such activities for construction, maintenance, reconstruction, enhancement, improvement, and repair as may be necessary to keep the highways in those areas, which have been or may be used for train- ing of the Armed Forces, in suitable condition for— (1) that training; and (2) repairing the damage to those highways caused by— (A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or (B) the operations of men and equipment in such training. (d) Whenever any project for the construction of a circumferential highway around a city or of a radial intracity route thereto submitted by any State is certified by the Secretary of De- fense, or such other official as the President may designate, as being important for civilian or military defense, such project may be con- structed out of the funds heretofore or hereafter authorized to be appropriated for defense access roads. (e) If the Secretary shall determine that the State transportation department of any State is unable to obtain possession and the right to enter upon and use the required rights-of-way, lands, or interest in lands, improved or unim- proved, required for any project authorized by this section with sufficient promptness, the Sec- retary is authorized to acquire, enter upon, take possession thereof, and expend funds for projects thereon, prior to approval of title by the Attor- ney General, in the name of the United States, such rights-of-way, lands, or interest in lands as may be required in such State for such projects by purchase, donation, condemnation, or other- wise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40). The cost incurred by the Secretary in acquiring any such rights-of-way, lands, or in- terest in lands may include the cost of examina- tion and abstract of title, certificate of title, ad- vertising, and any fees incidental to such acqui- sition; and shall be payable out of the funds available for paying the cost or the Federal share of the cost of the project for which such rights-of-way, lands, or interests in lands are ac- quired. The Secretary is further authorized and directed by proper deed executed in the name of the United States to convey any lands or inter- ests in lands acquired in any State under the provisions of prior Acts or of this section to the State transportation department of such State or to such political subdivision thereof as its laws may provide, upon such terms and condi- tions as may be agreed upon by the Secretary and the State transportation department, or po- litical subdivisions to which the conveyance is to be made. (f) The provisions of section 112 of this title are applicable to defense access roads. (g) If the Secretary shall determine that it is necessary for the expeditious completion of any defense access road project the Secretary may advance to any State out of funds appropriated for defense access roads transferred and avail- able to the Department of Transportation the Federal share of the cost of construction thereof to enable the State transportation department to make prompt payments for acquisition of rights-of-way, and for the construction as it pro- gresses. The sums so advanced shall be deposited