United States Code, 2011 Edition
Title 23 - HIGHWAYS
CHAPTER 2 - OTHER HIGHWAYS
Sec. 217 - Bicycle transportation and pedestrian walkways
From the U.S. Government Publishing Office, www.gpo.gov
§217. Bicycle transportation and pedestrian walkways
(a) Use of STP and Congestion Mitigation Program Funds.—Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(3) of this title for construction of pedestrian walkways and bicycle transportation facilities and for carrying out nonconstruction projects related to safe bicycle use.
(b) Use of National Highway System Funds.—Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title for construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on the National Highway System.
(c) Use of Federal Lands Highway Funds.—Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways and bicycle transportation facilities.
(d) State Bicycle and Pedestrian Coordinators.—Each State receiving an apportionment under sections 104(b)(2) and 104(b)(3) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation a position of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.
(e) Bridges.—In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations.
(f) Federal Share.—For all purposes of this title, construction of a pedestrian walkway and a bicycle transportation facility shall be deemed to be a highway project and the Federal share payable on account of such construction shall be determined in accordance with section 120(b).
(g) Planning and Design.—
(1) In general.—Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted.
(2) Safety considerations.—Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street crossings.
(h) Use of Motorized Vehicles.—Motorized vehicles may not be permitted on trails and pedestrian walkways under this section, except for—
(1) maintenance purposes;
(2) when snow conditions and State or local regulations permit, snowmobiles;
(3) motorized wheelchairs;
(4) when State or local regulations permit, electric bicycles; and
(5) such other circumstances as the Secretary deems appropriate.
(i) Transportation Purpose.—No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation, purposes.
(j) Definitions.—In this section, the following definitions apply:
(1) Bicycle transportation facility.—The term “bicycle transportation facility” means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles.
(2) Electric bicycle.—The term “electric bicycle” means any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour.
(3) Pedestrian.—The term “pedestrian” means any person traveling by foot and any mobility-impaired person using a wheelchair.
(4) Wheelchair.—The term “wheelchair” means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized.
(Added Pub. L. 93–87, title I, §124(a), Aug. 13, 1973, 87 Stat. 262; amended Pub. L. 94–280, title I, §134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L. 97–424, title I, §126A, formerly §126, Jan. 6, 1983, 96 Stat. 2116, renumbered §126A, Pub. L. 100–17, title I, §133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, §127, Apr. 2, 1987, 101 Stat. 167; Pub. L. 102–240, title I, §1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L. 104–59, title III, §310(b), Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §1202(a), June 9, 1998, 112 Stat. 168; Pub. L. 109–59, title I, §1954, Aug. 10, 2005, 119 Stat. 1515.)
2005—Subsec. (c). Pub. L. 109–59 struck out “in conjunction with such trails, roads, highways, and parkways” before period at end.
1998—Subsec. (b). Pub. L. 105–178, §1202(a)(1), inserted “pedestrian walkways and” after “construction of” and struck out “(other than the Interstate System)” after “on the National Highway System”.
Subsec. (e). Pub. L. 105–178, §1202(a)(2), struck out “, other than a highway access to which is fully controlled,” after “located on a highway”.
Subsec. (g). Pub. L. 105–178, §1202(a)(3), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: “Pedestrian walkways and bicycle transportation facilities to be constructed under this section shall be located and designed pursuant to an overall plan to be developed by each metropolitan planning organization and State and incorporated into their comprehensive annual long-range plans in accordance with sections 134 and 135 of this title, respectively. Such plans shall provide due consideration for safety and contiguous routes.”
Subsec. (h). Pub. L. 105–178, §1202(a)(4), substituted “Motorized vehicles may not” for “No motorized vehicles shall” in introductory provisions.
Subsec. (h)(3). Pub. L. 105–178, §1202(a)(5), substituted “motorized wheelchairs;” for “when State and local regulations permit, motorized wheelchairs; and”.
Subsec. (h)(4), (5). Pub. L. 105–178, §1202(a)(6), added par. (4) and redesignated former par. (4) as (5).
Subsec. (j). Pub. L. 105–178, §1202(a)(7), added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: “For purposes of this section, a ‘bicycle transportation facility’ means new or improved lanes, paths, or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles.”
1995—Subsec. (f). Pub. L. 104–59 substituted “determined in accordance with section 120(b)” for “80 percent”.
1991—Pub. L. 102–240 substituted “walkways” for “walkway” in section catchline and amended text generally, substituting present provisions for provisions authorizing States to construct pedestrian walkways and bicycle lanes, paths, etc., as Federal-aid highway projects, relating to safe accommodation of bicycles on bridge with deck replaced or rehabilitated with Federal participation, prohibiting bicycle project under this section unless principally for transportation purposes, deeming walkway and bicycle projects as highway projects and setting Federal share at 100 per centum, allowing use of funds authorized for forest highways, forest development roads and trails, etc., for construction of walkways and bicycle routes, prohibiting use of motor vehicles on trails and walkways, and relating to obligation of funds.
1987—Subsec. (b)(1). Pub. L. 100–17 inserted “and sums apportioned or allocated for highway substitute projects in accordance with section 103(e)(4) of this title” after “title” in second sentence.
1983—Subsec. (a). Pub. L. 97–424 designated as subsec. (a) that portion of former subsec. (a) relating to pedestrian walkways. Remainder of former subsec. (a) relating to bicycles was redesignated (b)(1).
Subsec. (b). Pub. L. 97–424 redesignated as par. (1) that portion of former subsec. (a) relating to bicycles and added pars. (2) and (3). Provisions of former subsec. (b) relating to pedestrian walkways and bicycles projects were redesignated (c) and (d), respectively.
Subsec. (c). Pub. L. 97–424 redesignated as subsec. (c) that portion of former subsec. (b) relating to pedestrian walkways. Provisions of former subsec. (c) relating to pedestrian walkways and to bicycle routes were redesignated (e) and (f), respectively.
Subsec. (d). Pub. L. 97–424 redesignated as subsec. (d) that portion of former subsec. (b) relating to bicycle projects. Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 97–424 redesignated as subsec. (e) that portion of former subsec. (c) relating to pedestrian walkways. Former subsec. (e) redesignated (h) and amended.
Subsec. (f). Pub. L. 97–424 redesignated as subsec. (f) that portion of former subsec. (c) relating to bicycle routes.
Subsec. (g). Pub. L. 97–424 redesignated former subsec. (d) as (g).
Subsec. (h). Pub. L. 97–424 redesignated former subsec. (e) as (h), substituted reference to subsecs. (a), (b), (e), and (f) of this section for reference to former subsecs. (a) and (c), and substituted provision that no State shall obligate more than $4,500,000 for such projects in any fiscal year, except that the Secretary may, upon application, waive this limitation for a State for any fiscal year for provision that no State was to obligate more than $2,500,000 for such projects for any fiscal year.
1978—Subsec. (a). Pub. L. 95–599 inserted provision relating to energy conservation and struck out requirement that such construction be in conjunction with Federal-aid highways.
1976—Subsec. (e). Pub. L. 94–280 substituted “$45,000,000” for “$40,000,000” and “$2,500,000” for “$2,000,000”.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
Nonmotorized Transportation Pilot Program
Pub. L. 109–59, title I, §1807, Aug. 10, 2005, 119 Stat. 1460, as amended by Pub. L. 110–244, title I, §106, June 6, 2008, 122 Stat. 1602, provided that:
“(a) Establishment.—The Secretary [of Transportation] shall establish and carry out a nonmotorized transportation pilot program to construct, in the following 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers:
“(1) Columbia, Missouri.
“(2) Marin County, California.
“(3) Minneapolis, Minnesota.
“(4) Sheboygan County, Wisconsin.
“(b) Purpose.—The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities.
“(c) Grants.—In carrying out the program, the Secretary [of Transportation] may make a grant of $6,250,000 per fiscal year for each of the communities set forth in subsection (a) to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this section. An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section.
“(d) Statistical Information.—In carrying out the program, the Secretary [of Transportation] shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of bicycling and walking, and promote better health and a cleaner environment.
“(e) Reports.—The Secretary [of Transportation] shall submit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program.
“(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $25,000,000 for each of fiscal years 2006 through 2009.
“(2) Contract authority.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable.
“(g) Treatment of Projects.—Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.”
Pub. L. 105–178, title I, §1202(b), June 9, 1998, 112 Stat. 169, provided that:
“(1) In general.—In implementing section 217(g) of title 23, United States Code, the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers, and other interested organizations, shall develop guidance on the various approaches to accommodating bicycles and pedestrian travel.
“(2) Issues to be addressed.—The guidance shall address issues such as the level and nature of the demand, volume, and speed of motor vehicle traffic, safety, terrain, cost, and sight distance.
“(3) Recommendations.—The guidance shall include recommendations on amending and updating the policies of the American Association of State Highway and Transportation Officials relating to highway and street design standards to accommodate bicyclists and pedestrians.
“(4) Time period for development.—The guidance shall be developed within 18 months after the date of enactment of this Act [June 9, 1998].”
Energy Conservation Bicycle Transportation Program; Report
Pub. L. 95–619, title VI, §682, Nov. 9, 1978, 92 Stat. 3287, set forth findings respecting an energy conservation bicycle transportation program and required a study and report not more than one year after Nov. 9, 1978, by the Secretary of Transportation for bicycle use potential, etc.
Bikeway Construction Projects
Section 141(a)–(e), (i) of Pub. L. 95–599, related to establishment by Secretary of design and construction standards for bikeway construction projects and to grants to States for bikeway construction projects, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.
Bikeway Demonstration Program
Pub. L. 93–643, §119, Jan. 4, 1975, 88 Stat. 2288, authorized grants to States for demonstration projects for construction of bikeways, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.