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23 U.S.C. § 208Safe routes to school

submitted 5 years ago by Pub. L. 117-58 to r/title-23-HIGHWAYS · 792 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Safe Routes to School program to help kids walk and bike to school safely. States receive federal money, split up by student population, to build infrastructure like sidewalks and to run safety education near schools.

(a) "In the vicinity of schools" means roughly the two-mile area around a school that's within walking or biking distance. "Primary, middle, and high schools" means schools teaching kindergarten through 12th grade. (b) The Secretary of Transportation must set up and run a safe routes to school program for students in those schools. (c) The program's goals are to help kids, including kids with disabilities, walk and bike to school; to make walking and biking safer and more appealing, so kids build healthy habits early; and to help plan and build projects that improve safety and cut down on traffic, fuel use, and air pollution near schools. (d) Each year's funding is split among the states based on each state's share of total K-12 student enrollment nationwide. No state gets less than $1,000,000. Before splitting the money, the Secretary can set aside up to $3,000,000 for the Secretary's own administrative costs. The Secretary decides the enrollment numbers used for the split. (e) The state's own department of transportation manages the money. (f) States must give the money to state, local, tribal, and regional agencies — including nonprofits — that can show they can meet the program's requirements. (g) States can use the money for infrastructure projects — like sidewalks, traffic calming, safer crossings, bike lanes, bike parking, and traffic diversion — on any public road, path, or trail near schools, if the project would clearly help kids walk or bike to school. States can also use the money for noninfrastructure activities, like public awareness campaigns, traffic safety enforcement near schools, student safety lessons, and training volunteers and program managers; between 10 and 30 percent of a state's yearly money must go toward these noninfrastructure activities. Every state must also use enough of its money to fund one full-time safe routes to school coordinator. (h) The Secretary must give grants to a national nonprofit group focused on safe routes to schools, to run a national clearinghouse, develop information and education programs, and give technical help and share successful strategies. This is paid for out of the administrative money set aside under (d). (i) No matter what other law says, a project funded under this section is treated as a project on a Federal-aid highway under chapter 1.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 117–58, div. A, title I, § 11119(a), Nov. 15, 2021, 135 Stat. 495.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-58 · 135 Stat. 495

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.

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