23 U.S.C. § 208 — Safe routes to school

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, 129 Stat. 1359; amended Pub. L. 115–235, § 1, Aug. 14, 2018, 132 Stat. 2443; Pub. L. 117–58, div. A, title I, § 11525(o), Nov. 15, 2021, 135 Stat. 608.) Editorial Notes REFERENCES IN TEXT The date of enactment of MAP–21, referred to in sub- sec. (d)(2)(C)(ii)(II)(aa)(BB), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effec- tive and Termination Dates of 2012 Amendment notes under section 101 of this title. The date of enactment of the FAST Act, referred to in subsecs. (d)(2)(C)(ii)(II)(bb) and (n)(1)(A), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (l), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. PRIOR PROVISIONS A prior section 207, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 93–87, title I, § 150, Aug. 13, 1973, 87 Stat. 275, provided for use of funds for construction and improvement of parkways, including acquisition of rights-of-way and related scenic easements, adminis- tration of such funds according to regulations jointly approved by the Secretary and the Secretary of the In- terior, and that parkway projects on a Federal-aid sys- tem be subject to all requirements of this title and of any other law applicable to highways on such system, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115. AMENDMENTS 2021—Subsec. (g). Pub. L. 117–58, § 11525(o)(1), sub- stituted ‘‘(25 U.S.C. 5325)’’ for ‘‘(25 U.S.C. 450j–1)’’ and ‘‘(25 U.S.C. 5325(f))’’ for ‘‘(25 U.S.C. 450j–1(f))’’. Subsec. (l)(1). Pub. L. 117–58, § 11525(o(2)(A), sub- stituted ‘‘(25 U.S.C. 5386)’’ for ‘‘(25 U.S.C. 458aaa–5)’’. Subsec. (l)(2). Pub. L. 117–58, § 11525(o)(2)(B), sub- stituted ‘‘(25 U.S.C. 5387)’’ for ‘‘(25 U.S.C. 458aaa–6)’’. Subsec. (l)(3). Pub. L. 117–58, § 11525(o)(2)(C), sub- stituted ‘‘(25 U.S.C. 5388)’’ for ‘‘(25 U.S.C. 458aaa–7)’’. Subsec. (l)(4). Pub. L. 117–58, § 11525(o)(2)(D), sub- stituted ‘‘(25 U.S.C. 5390)’’ for ‘‘(25 U.S.C. 458aaa–9)’’. Subsec. (l)(5). Pub. L. 117–58, § 11525(o)(2)(E), sub- stituted ‘‘(25 U.S.C. 5391)’’ for ‘‘(25 U.S.C. 458aaa–10)’’. Subsec. (l)(6). Pub. L. 117–58, § 11525(o)(2)(F), sub- stituted ‘‘(25 U.S.C. 5392)’’ for ‘‘(25 U.S.C. 458aaa–11)’’. Subsec. (l)(7). Pub. L. 117–58, § 11525(o)(2)(G), sub- stituted ‘‘(25 U.S.C. 5395)’’ for ‘‘(25 U.S.C. 458aaa–14)’’. Subsec. (l)(8). Pub. L. 117–58, § 11525(o)(2)(H), sub- stituted ‘‘(25 U.S.C. 5396)’’ for ‘‘(25 U.S.C. 458aaa–15)’’. Subsec. (l)(9). Pub. L. 117–58, § 11525(o)(2)(I), sub- stituted ‘‘(25 U.S.C. 5398)’’ for ‘‘(25 U.S.C. 458aaa–17)’’. Subsec. (m)(2). Pub. L. 117–58, § 11525(o)(3), substituted ‘‘501’’ for ‘‘505’’ and ‘‘(25 U.S.C. 5304; 5381)’’ for ‘‘(25 U.S.C. 450b; 458aaa)’’. 2018—Subsec. (n)(1)(B). Pub. L. 115–235, § 1(1), sub- stituted ‘‘42 months’’ for ‘‘21 months’’. Subsec. (n)(1)(C). Pub. L. 115–235, § 1(2), substituted ‘‘48 months’’ for ‘‘30 months’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 208. Safe routes to school (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 kin- dergarten through 12th grade. (b) ESTABLISHMENT.—Subject to the require- ments of this section, the Secretary shall estab- lish and carry out a safe routes to school pro- gram for the benefit of children in primary, mid- dle, and high schools. (c) PURPOSES.—The purposes of the program established under subsection (b) shall be— (1) to enable and encourage children, includ- ing those with disabilities, to walk and bicycle to school; (2) to make bicycling and walking to school a safer and more appealing transportation al- 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