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Federal Highway Administration Bicycle and Pedestrian Planning, Program, and Project Development

Revised on September 26, 2019

Also in PDF, 242KB

Introduction

The purpose of this guidance is to identify references to certain Federal legislation, as well as other relevant guidance and reference materials, related to bicycling and walking safety and accommodation. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 enacted significant changes to Federal transportation policy and programs that expanded consideration of and eligibility for bicycling and walking. The Transportation Equity Act for the 21st Century (TEA-21) of 1998 and the Safe Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU) of 2005 continued these provisions. The Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012 enacted program changes and continued broad consideration and eligibility for bicycling and walking. The Fixing America's Surface Transportation (FAST) Act of 2015 allowed for additional design flexibility for projects that benefit pedestrians and bicyclists. The statutory provisions affecting bicycling and walking are codified in titles 23 and 49 of the United States Code (U.S.C.). This guidance describes the range of opportunities to improve conditions for bicycling and walking, consistent with Department of Transportation goals for a safe, comfortable, equitable, and integrated multimodal transportation network infrastructure that serves all ages and abilities.

Bicycle and Pedestrian Policy

Improving safety and infrastructure for bicycling and walking creates an integrated, intermodal transportation system that provides travelers with a real choice of transportation modes. Bicyclists and pedestrians have the same origins and destinations as other transportation system users. It is important for all users to have safe and convenient access to airports, ports, ferry services, transit stations and stops, and other intermodal facilities as well as access to jobs, education, health care, and other essential services. Transportation professionals should plan, design, construct, and maintain transportation facilities for all users, including bicyclists and pedestrians.

Almost every transportation improvement is an opportunity to enhance the safety and convenience of walking and bicycling. Bicycle and pedestrian needs must be given "due consideration" under Federal surface transportation law (23 U.S.C. 217(g)(1)). This consideration should include, at a minimum, a presumption that bicyclists and pedestrians, including persons with disabilities, will be accommodated in the design of new and improved transportation facilities. In the planning, design, and operation of transportation facilities, bicyclists and pedestrians should be included as a matter of routine, and the decision to not accommodate them should be the exception rather than the rule. New construction and alterations of pedestrian facilities must be consistent with requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Relevant circumstances should be present before denying bicycle and pedestrian access either by prohibition or by designing highways that are incompatible with safe, convenient walking and bicycling (23 U.S.C. 217(g)(1)). Even where circumstances are exceptional, and bicycle use and walking are either prohibited or made incompatible, States, Metropolitan Planning Organizations (MPOs), and local governments should ensure that highway projects do not make bicycle and pedestrian access along a corridor more difficult or impossible (23 U.S.C. 109(m) and 217(g)). For example, there may be ways to provide alternate routes on parallel surface streets that are safe and convenient, or to provide shuttle bus service on major bridge crossings.

States, MPOs, and local officials should consider how to incorporate the needs of bicyclists and pedestrians, and the transportation networks, into emergency preparedness, response, and evacuation plans. Bicycle and pedestrian networks can provide access to facilitate emergency response and evacuation.

At the Federal level, the Federal Highway Administration (FHWA) works with the National Highway Traffic Safety Administration (NHTSA), the Federal Transit Administration (FTA), the Federal Railroad Administration (FRA), and other agencies to implement the bicycle and pedestrian provisions of Federal surface transportation law. State and local agencies are expected to work cooperatively with transportation providers, user groups, and the public to develop plans, programs, and projects that reflect this vision.

Selected Legislation

There are several key provisions of Federal surface transportation law relating to planning requirements and building connected networks of bicycle and pedestrian facilities. The list below is not exhaustive; other sections of law support bicycle and pedestrian safety and mobility.

Planning

Information on the transportation planning process is available in The Transportation Planning Process: Key Issues: A Briefing Book for Transportation Decisionmakers, Officials, and Staff. The following list has statutory and regulatory citations relating to the transportation planning and bicycle and pedestrian programs and projects.

Connectivity

The following list has statutory and regulatory citations focusing on network connectivity related to bicycle and pedestrian programs and projects.

Integrating Bicycle and Pedestrian Projects

There are many simple and cost-effective ways to integrate nonmotorized users into the design and operation of the transportation system by including bicycle and pedestrian accommodation as part of larger programs and projects.

Project examples include:

The broad eligibility of bicycle and pedestrian facilities for Federal surface transportation programs means that additional improvements such as these are appropriate as part of larger transportation projects, except on highway facilities where bicycle and pedestrian travel is prohibited. One exception affects the Federal Lands Transportation Program: the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher (23 U.S.C. 203(d)). The FHWA has several documents on its Bicycle and Pedestrian Resources webpage to provide information about incorporating bicycle and pedestrian facilities into highway projects. See also the Design Resources section.

In addition, planners, designers, and other decisionmakers might consider:

Funding Eligibility

Federal surface transportation law provides flexibility to States and MPOs to fund bicycle and pedestrian improvements from a wide variety of programs. Bicycle transportation facilities and pedestrian walkways are eligible under nearly all Federal-aid and Federal lands highway programs. Specific program requirements must be met, and eligibility must be determined on a case-by-case basis. When considering ways to improve conditions for bicycling and walking, States and MPOs are encouraged to:

Bicycle and pedestrian coordinator positions: A State bicycle and pedestrian coordinator position at each State DOT must be funded if the State receives Surface Transportation Block Grant Program (STBG) or Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding (23 U.S.C. 217(d)). Many States refer to this position as an Active Transportation Coordinator. State and local Safe Routes to School coordinator positions are eligible as Safe Routes to School projects under the STBG program (23 U.S.C. 133(b)(6) and (15)) and the TA Set-Aside (23 U.S.C. 133(h)), which authorize projects eligible under SAFETEA-LU Section 1404. For more information, see:

Motorized Vehicle Use: In general, under Section 217(h), motorized vehicles are not permitted on nonmotorized trails and pedestrian walkways funded under Title 23. Exceptions to this general rule exist for maintenance vehicles; motorized wheelchairs; when State or local regulations permit; snowmobiles; electric bicycles (weighing under 100 pounds and a top speed of less than 20 miles per hour); "and such other circumstances as the Secretary deems appropriate" (except the RTP which specifically provides funds for motorized trails). In 2008, FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails and Pedestrian Walkways to provide guidance on when an exception may be granted under the "other circumstances" provision. If a project agreement specifies a nonmotorized trail or pedestrian walkway, then Section 217(h) applies.

Nonconstruction activities: Nonconstruction projects include any project not involving physical construction, such as safety education materials. Nonconstruction bicycle projects are eligible for STBG and CMAQ funding (23 U.S.C. 217(a)). State and Community Highway Safety Grant Program funds (Section 402) are to be used exclusively for nonconstruction activities (23 U.S.C. 402).

Projects on local roads: Bicycle and pedestrian projects may be funded under STBG, TA Set-Aside, RTP, and CMAQ regardless of whether they are on or along Federal-aid highways (23 U.S.C. 133(c)(2), 133(b)(4) through (11), 133(h), and 149). Highway Safety Improvement Program (HSIP) funds may be spent on highway safety improvement projects on "any public highway or publicly owned bicycle or pedestrian pathway or trail." (23 U.S.C. 148(e)).

Transportation Purpose: Section 217(i) of title 23 requires that bicycle facilities "be principally for transportation, rather than recreation, purposes." However, the FAST Act revised sections 133(b)(6) and 133(h) to authorize "recreational trails projects" as eligible activities under the STBG program. Section 217(i) continues to apply to bicycle facilities using other Federal-aid funds (e.g., National Highway Performance Program (NHPP), HSIP, CMAQ).

Federal Share and Matching Requirements

The Federal share for bicycle and pedestrian projects funded under a Federal-aid highway program is the same as for any other projects funded under the program. The standard Federal share under the Federal-aid highway program is generally 80 percent of the cost of the activity or project funded, with a 20 percent State or local match (80/20 rule) (23 U.S.C. 120(b)). See the FAST Act Fact Sheet on Federal Share.

There are, however, exceptions to the general 80/20 rule for programs that fund bicycle and pedestrian projects. The examples provided below are for illustrative purposes only. To determine whether a project qualifies for increased Federal share, consult with the FHWA Division Office or the Office of the Chief Financial Officer for additional information.

See guidance for each specific funding program for more information on Federal share requirements.

Project Development

Bicycling, walking, and enhancing accessibility embody several of the policy goals of Federal surface transportation law (23 U.S.C. 101(b)(3)). These modes quietly, cleanly, efficiently, and effectively serve local transportation needs and enhance quality of life, providing access to jobs, education, health care, and other essential services. They are also critical to ensuring that people can get to and from transit services.

Federal policy also supports expedited project delivery (23 U.S.C. 101(b)(4)). The FHWA provides maximum opportunities for States to accelerate the approval and implementation of bicycle and pedestrian projects and programs. States and MPOs can use accelerated project delivery measures and take any additional steps they can to speed up the implementation of projects that improve conditions for bicycling and walking.

FHWA-funded pedestrian and bicycle projects as well as larger Federal-aid and Federal Lands highway projects, and multimodal projects that include pedestrian and bicycle elements are subject to environmental review and approval under FHWA's National Environmental Policy Act (NEPA) implementing regulations in 23 CFR part 771. When NEPA reviews are required, bicycle and pedestrian project sponsors must identify, and should minimize or avoid, any environmental impacts the proposed projects may have on various environmental resources. Federal-aid and Federal Lands highway projects, such as bicycle lane marking, bicycle parking installation, crosswalk striping, pedestrian crossing islands, pedestrian hybrid beacons, leading pedestrian intervals, and traffic signal operations to benefit bicycle and pedestrian safety and mobility typically qualify for a Categorical Exclusion under FHWA's NEPA implementing regulations in 23 CFR 771.117 and FTA's corresponding regulations in 23 CFR 771.118.

Bicycle and pedestrian facility project sponsors should work closely with their State DOTs and FHWA division staff to identify specific requirements for environmental review and documentation. The FHWA recognizes that building standalone bicycle and pedestrian facilities is an action that does not typically result in significant impacts on the environment, and thus it is explicitly identified as a category of action (categorical exclusion) not normally requiring extensive documentation (instead relying on a checklist for possible impacts) or a lengthy approval process (23 CFR 771.117(c)(3)).

Key provisions to keep in mind for FHWA projects include:

Design Resources

Under 23 U.S.C. 109(c), States must use design standards that FHWA has incorporated by reference in 23 CFR part 625 when developing projects on the National Highway System (NHS). Under 23 U.S.C. 109(o), States establish their own design standards for projects not on the NHS. A locality may use a different roadway design publication than the State (with State approval), if the roadway is owned by the locality, the roadway is not on the Interstate System, the locality is the direct recipient of Federal funds for the project, the publication is recognized by FHWA and adopted by the locality, and the design complies with all other applicable Federal laws (FAST Act § 1404(b)). See https://www.fhwa.dot.gov/design/standards/161006qa.cfm for more information.

The FHWA encourages States and MPOs to adopt design standards for Federal surface transportation projects that provide for the safe and adequate accommodation (as determined by the State) of all users of the surface transportation network, including motorized and nonmotorized users in all stages of project planning, development, and operation. [FAST Act § 1442]

The FHWA supports taking a flexible approach to bicycle and pedestrian facility design as described in the memo on Bicycle and Pedestrian Facility Design Flexibility. The following list of references provide useful information for design decisions.

Standards: Publications incorporated by reference in the Code of Federal Regulations

Guidance: Major national publications that provide advice on policy or technical design issues

Information: Publications and other resources providing education and knowledge on specific topics

Updated: 9/1/2020
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