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Bicycle and Pedestrian Legislation in Title 23 United States Code (U.S.C.)

(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)(4) 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 Performance Program 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;
  5. and 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.

Technical note for §217(a): MAP-21 did not include a technical correction. The phrase "sections 104(b)(2) and 104(b)(3)" should have been corrected to read "sections 104(b)(2) and 104(b)(4)" to remain consistent with the title Use Of STP And Congestion Mitigation Program Funds. Under MAP 21, Section 104(b)(3) is the Highway Safety Improvement Program, which allows bicycle and pedestrian safety projects. MAP-21 moved CMAQ to §104(b)(4).

Other Bicycle and Pedestrian Provisions in Title 23

23 U.S.C. 109(m)

(m) Protection of Nonmotorized Transportation Traffic. --The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists.

23 U.S.C. 119(d)

§119. National Highway Performance Program

(d) Eligible Projects.--Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is--
(1)(A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System; and (B) consistent with sections 134 and 135; and (2) for 1 or more of the following purposes: (H) Bicycle transportation and pedestrian walkways in accordance with section 217.

See National Highway Performance Program (NHPP) Implementation Guidance.

23 U.S.C. 133(b) and (c)

§133. Surface Transportation Program

(b) Eligible Projects.--A State may obligate funds apportioned to it under section 104(b)(2) for the surface transportation program only for the following:
(6) Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).; (11) Transportation alternatives. (20) Recreational trails projects eligible for funding under section 206.

(c) Location of Projects.--Surface transportation program projects may not be undertaken on roads functionally classified as local or rural minor collectors unless the roads were on a Federal-aid highway system on January 1, 1991, except--
(1) as provided in subsection (g); (2) for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and (3) as approved by the Secretary.

Location of Projects Notes:

See Surface Transportation Program (STP) Implementation Guidance.

23 U.S.C. 148(b)

§148. Highway Safety Improvement Program

(a) Definitions.--In this section, the following definitions apply:
(4) Highway safety improvement project.-- (A) In general.--The term "highway safety improvement project" means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and-- (i) correct or improve a hazardous road location or feature; or
(ii) address a highway safety problem.
(B) Inclusions.--The term "highway safety improvement project" includes, but is not limited to, a project for 1 or more of the following: (i) An intersection safety improvement.
(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).
(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.
(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.
(v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.
(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
(xxi) A road safety audit.
(xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled "Highway Design Handbook for Older Drivers and Pedestrians".

See Highway Safety Improvement Program (HSIP) Implementation Guidance.

23 U.S.C. 213(b)

§213. Transportation Alternatives

§213(b) Eligible Projects.--A State may obligate the funds reserved under this section for any of the following projects or activities:
(1) Transportation alternatives, as defined in section 101. (2) The recreational trails program under section 206. (3) The safe routes to school program under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59). (4) Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.

See Transportation Alternatives Program (TAP) Implementation Guidance.

§101(a)(29) Transportation Alternatives Definition

§101(a)(29) Transportation alternatives.--The term "transportation alternatives" means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:
(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs. (C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. (D) Construction of turnouts, overlooks, and viewing areas. (E) Community improvement activities, including-- (i) inventory, control, or removal of outdoor advertising; (ii) historic preservation and rehabilitation of historic transportation facilities; (iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and (iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title. (F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to-- (i) address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or (ii) reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.

Technical note: §101(a)(29)(F)(i): It is possible that the reference to 133(b)(11) should be 133(b)(14).

Transportation Enhancement Activities Definition

This definition remains in effect only for Transportation Enhancement funds apportioned prior to the effective date of MAP-21.

§101(a) Definitions.--In this title, the following definitions apply:

(35) Transportation enhancement activities.--The term 'transportation enhancement activity' means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation:

  1. Provision of facilities for pedestrians and bicycles.
  2. Provision of safety and educational activities for pedestrians and bicyclists.
  3. Acquisition of scenic easements and scenic or historic sites (including historic battlefields).
  4. Scenic or historic highway programs (including the provision of tourist and welcome center facilities).
  5. Landscaping and other scenic beautification.
  6. Historic preservation.
  7. Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).
  8. Preservation of abandoned railway corridors (including the conversion and use of 2 the corridors for pedestrian or bicycle trails).
  9. Inventory, control, and removal of outdoor advertising.
  10. Archaeological planning and research.
  11. Environmental mitigation
    1. to address water pollution due to highway runoff; or
    2. reduce vehicle-caused wildlife mortality while maintaining habitat connectivity.
  12. Establishment of transportation museums.

See also: Bicycle and Pedestrian provisions in Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) not codified in Title 23.

Updated: 3/23/2016
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