Pub. L. 102-240, tit. I, pt. A, sec. 1033

BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

EnactedYear: 1991Length: 588 wordsOfficial source
SEC. 1033. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. Section 217 of title 23, United States Code, is amended to read as follows: “§ 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 bicycle transportation facilities on land adjacent to any highway on the National Highway System (other than the Interstate System). 105 STAT. 1976 “(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 in conjunction with such trails, roads, highways, and parkways. “(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, other than a highway access to which is fully controlled, 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 80 percent. “(g) Planning.— 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. “(h) Use of Motorized Vehicles.— No motorized vehicles shall 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) when State and local regulations permit, motorized wheelchairs; and “(4) 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) Bicycle Transportation Facility Defined.— 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.”.
Pub. L. 102-240, tit. I, pt. A, sec. 1033: BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. | Justis AI