23 U.S.C. § 217 : US Code - Section 217: Bicycle transportation and pedestrian walkways
Search 23 U.S.C. § 217 : US Code - Section 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.