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Federal laws RE: Rail Trail funding and there Usage, Motorised Vehicles
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From the U.S. Code Online via GPO Access <br />[wais.access.gpo.gov] <br />[Laws in effect as of January 7, 2003] <br />[Document not affected by Public Laws enacted between <br /> January 7, 2003 and February 12, 2003] <br />[CITE: 23USC217] <br /> <br /> <br /> TITLE 23--HIGHWAYS <br /> <br /> CHAPTER 2--OTHER HIGHWAYS <br /> <br />Sec. 217. Bicycle transportation and pedestrian walkways <br /> <br /> (a) Use of STP and Congestion Mitigation Program Funds.--Subject to <br />project approval by the Secretary, a State may obligate funds <br />apportioned to it under sections 104(b)(2) and 104(b)(3) of this title <br />for construction of pedestrian walkways and bicycle transportation <br />facilities and for carrying out nonconstruction projects related to safe <br />bicycle use. <br /> (b) Use of National Highway System Funds.--Subject to project <br />approval by the Secretary, a State may obligate funds apportioned to it <br />under section 104(b)(1) of this title for construction of pedestrian <br />walkways and bicycle transportation facilities on land adjacent to any <br />highway on the National Highway System. <br /> (c) Use of Federal Lands Highway Funds.--Funds authorized for forest <br />highways, forest development roads and trails, public lands development <br />roads and trails, park roads, parkways, Indian reservation roads, and <br />public lands highways shall be available, at the discretion of the <br />department charged with the administration of such funds, for the <br />construction of pedestrian walkways and bicycle transportation <br />facilities in conjunction with such trails, roads, highways, and <br />parkways. <br /> (d) State Bicycle and Pedestrian Coordinators.--Each State receiving <br />an apportionment under sections 104(b)(2) and 104(b)(3) of this title <br />shall use such amount of the apportionment as may be necessary to fund <br />in the State department of transportation a position of bicycle and <br />pedestrian coordinator for promoting and facilitating the increased use <br />of nonmotorized modes of transportation, including developing facilities <br />for the use of pedestrians and bicyclists and public education, <br />promotional, and safety programs for using such facilities. <br /> (e) Bridges.--In any case where a highway bridge deck being replaced <br />or rehabilitated with Federal financial participation is located on a <br />highway on which bicycles are permitted to operate at each end of such <br />bridge, and the Secretary determines that the safe accommodation of <br />bicycles can be provided at reasonable cost as part of such replacement <br />or rehabilitation, then such bridge shall be so replaced or <br />rehabilitated as to provide such safe accommodations. <br /> (f) Federal Share.--For all purposes of this title, construction of <br />a pedestrian walkway and a bicycle transportation facility shall be <br />deemed to be a highway project and the Federal share payable on account <br />of such construction shall be determined in accordance with section <br />120(b). <br /> (g) Planning and Design.-- <br /> (1) In general.--Bicyclists and pedestrians shall be given due <br /> consideration in the comprehensive transportation plans developed by <br /> each metropolitan planning organization and State in accordance with <br /> sections 134 and 135, respectively. Bicycle transportation <br /> facilities and pedestrian walkways shall be considered, where <br /> appropriate, in conjunction with all new construction and <br /> reconstruction of transportation facilities, except where bicycle <br /> and pedestrian use are not permitted. <br /> (2) Safety considerations.--Transportation plans and projects <br /> shall provide due consideration for safety and contiguous routes for <br /> bicyclists and pedestrians. Safety considerations shall include the <br /> installation, where appropriate, and maintenance of audible traffic <br /> signals and audible signs at street crossings. <br /> <br /> (h) Use of Motorized Vehicles.--Motorized vehicles may not be <br />permitted on trails and pedestrian walkways under this section, except <br />for-- <br /> (1) maintenance purposes; <br /> (2) when snow conditions and State or local regulations permit, <br /> snowmobiles; <br /> (3) motorized wheelchairs; <br /> (4) when State or local regulations permit, electric bicycles; <br /> and <br /> (5) such other circumstances as the Secretary deems appropriate. <br /> <br /> (i) Transportation Purpose.--No bicycle project may be carried out <br />under this section unless the Secretary has determined that such bicycle <br />project will be principally for transportation, rather than recreation, <br />purposes. <br /> (j) Definitions.--In this section, the following definitions apply: <br /> (1) Bicycle transportation facility.--The term ``bicycle <br /> transportation facility'' means a new or improved lane, path, or <br /> shoulder for use by bicyclists and a traffic control device, <br /> shelter, or parking facility for bicycles. <br /> (2) Electric bicycle.--The term ``electric bicycle'' means any <br /> bicycle or tricycle with a low-powered electric motor weighing under <br /> 100 pounds, with a top motor-powered speed not in excess of 20 miles <br /> per hour. <br /> (3) Pedestrian.--The term ``pedestrian'' means any person <br /> traveling by foot and any mobility-impaired person using a <br /> wheelchair. <br /> (4) Wheelchair.--The term ``wheelchair'' means a mobility aid, <br /> usable indoors, and designed for and used by individuals with <br /> mobility impairments, whether operated manually or motorized. <br /> <br />(Added Pub. L. 93-87, title I, Sec. 124(a), Aug. 13, 1973, 87 Stat. 262; <br />amended Pub. L. 94-280, title I, Sec. 134, May 5, 1976, 90 Stat. 441; <br />Pub. L. 95-599, title I, Sec. 141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. <br />L. 97-424, title I, Sec. 126A, formerly Sec. 126, Jan. 6, 1983, 96 Stat. <br />2116, renumbered Sec. 126A, Pub. L. 100-17, title I, Sec. 133(a)(2), <br />Apr. 2, 1987, 101 Stat. 170; Pub. L. 100-17, title I, Sec. 127, Apr. 2, <br />1987, 101 Stat. 167; Pub. L. 102-240, title I, Sec. 1033, Dec. 18, 1991, <br />105 Stat. 1975; Pub. L. 104-59, title III, Sec. 310(b), Nov. 28, 1995, <br />109 Stat. 582; Pub. L. 105-178, title I, Sec. 1202(a), June 9, 1998, 112 <br />Stat. 168.) <br /> <br /> <br /> Amendments <br /> <br /> 1998--Subsec. (b). Pub. L. 105-178, Sec. 1202(a)(1), inserted <br />``pedestrian walkways and'' after ``construction of'' and struck out <br />``(other than the Interstate System)'' after ``on the National Highway <br />System''. <br /> Subsec. (e). Pub. L. 105-178, Sec. 1202(a)(2), struck out ``, other <br />than a highway access to which is fully controlled,'' after ``located on <br />a highway''. <br /> Subsec. (g). Pub. L. 105-178, Sec. 1202(a)(3), added subsec. (g) and <br />struck out heading and text of former subsec. (g). Text read as follows: <br />``Pedestrian walkways and bicycle transportation facilities to be <br />constructed under this section shall be located and designed pursuant to <br />an overall plan to be developed by each metropolitan planning <br />organization and State and incorporated into their comprehensive annual <br />long-range plans in accordance with sections 134 and 135 of this title, <br />respectively. Such plans shall provide due consideration for safety and <br />contiguous routes.'' <br /> Subsec. (h). Pub. L. 105-178, Sec. 1202(a)(4), substituted <br />``Motorized vehicles may not'' for ``No motorized vehicles shall'' in <br />introductory provisions. <br /> Subsec. (h)(3). Pub. L. 105-178, Sec. 1202(a)(5), substituted <br />``motorized wheelchairs;'' for ``when State and local regulations <br />permit, motorized wheelchairs; and''. <br /> Subsec. (h)(4), (5). Pub. L. 105-178, Sec. 1202(a)(6), added par. <br />(4) and redesignated former par. (4) as (5). <br /> Subsec. (j). Pub. L. 105-178, Sec. 1202(a)(7), added subsec. (j) and <br />struck out heading and text of former subsec. (j). Text read as follows: <br />``For purposes of this section, a `bicycle transportation facility' <br />means new or improved lanes, paths, or shoulders for use by bicyclists, <br />traffic control devices, shelters, and parking facilities for <br />bicycles.'' <br /> 1995--Subsec. (f). Pub. L. 104-59 substituted ``determined in <br />accordance with section 120(b)'' for ``80 percent''. <br /> 1991--Pub. L. 102-240 substituted ``walkways'' for ``walkway'' in <br />section catchline and amended text generally, substituting present <br />provisions for provisions authorizing States to construct pedestrian <br />walkways and bicycle lanes, paths, etc., as Federal-aid highway <br />projects, relating to safe accommodation of bicycles on bridge with deck <br />replaced or rehabilitated with Federal participation, prohibiting <br />bicycle project under this section unless principally for transportation <br />purposes, deeming walkway and bicycle projects as highway projects and <br />setting Federal share at 100 per centum, allowing use of funds <br />authorized for forest highways, forest development roads and trails, <br />etc., for construction of walkways and bicycle routes, prohibiting use <br />of motor vehicles on trails and walkways, and relating to obligation of <br />funds. <br /> 1987--Subsec. (b)(1). Pub. L. 100-17 inserted ``and sums apportioned <br />or allocated for highway substitute projects in accordance with section <br />103(e)(4) of this title'' after ``title'' in second sentence. <br /> 1983--Subsec. (a). Pub. L. 97-424 designated as subsec. (a) that <br />portion of former subsec. (a) relating to pedestrian walkways. Remainder <br />of former subsec. (a) relating to bicycles was redesignated (b)(1). <br /> Subsec. (b). Pub. L. 97-424 redesignated as par. (1) that portion of <br />former subsec. (a) relating to bicycles and added pars. (2) and (3). <br />Provisions of former subsec. (b) relating to pedestrian walkways and <br />bicycles projects were redesignated (c) and (d), respectively. <br /> Subsec. (c). Pub. L. 97-424 redesignated as subsec. (c) that portion <br />of former subsec. (b) relating to pedestrian walkways. Provisions of <br />former subsec. (c) relating to pedestrian walkways and to bicycle routes <br />were redesignated (e) and (f), respectively. <br /> Subsec. (d). Pub. L. 97-424 redesignated as subsec. (d) that portion <br />of former subsec. (b) relating to bicycle projects. Former subsec. (d) <br />redesignated (g). <br /> Subsec. (e). Pub. L. 97-424 redesignated as subsec. (e) that portion <br />of former subsec. (c) relating to pedestrian walkways. Former subsec. <br />(e) redesignated (h) and amended. <br /> Subsec. (f). Pub. L. 97-424 redesignated as subsec. (f) that portion <br />of former subsec. (c) relating to bicycle routes. <br /> Subsec. (g). Pub. L. 97-424 redesignated former subsec. (d) as (g). <br /> Subsec. (h). Pub. L. 97-424 redesignated former subsec. (e) as (h), <br />substituted reference to subsecs. (a), (b), (e), and (f) of this section <br />for reference to former subsecs. (a) and (c), and substituted provision <br />that no State shall obligate more than $4,500,000 for such projects in <br />any fiscal year, except that the Secretary may, upon application, waive <br />this limitation for a State for any fiscal year for provision that no <br />State was to obligate more than $2,500,000 for such projects for any <br />fiscal year. <br /> 1978--Subsec. (a). Pub. L. 95-599 inserted provision relating to <br />energy conservation and struck out requirement that such construction be <br />in conjunction with Federal-aid highways. <br /> 1976--Subsec. (e). Pub. L. 94-280 substituted ``$45,000,000'' for <br />``$40,000,000'' and ``$2,500,000'' for ``$2,000,000''. <br /> <br /> <br /> Effective Date of 1991 Amendment <br /> <br /> Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable <br />to funds authorized to be appropriated or made available after Sept. 30, <br />1991, and, with certain exceptions, not applicable to funds appropriated <br />or made available on or before Sept. 30, 1991, see section 1100 of Pub. <br />L. 102-240, set out as a note under section 104 of this title. <br /> <br /> <br /> Design Guidance <br /> <br /> Pub. L. 105-178, title I, Sec. 1202(b), June 9, 1998, 112 Stat. 169, <br />provided that: <br /> ``(1) In general.--In implementing section 217(g) of title 23, <br />United States Code, the Secretary, in cooperation with the American <br />Association of State Highway and Transportation Officials, the Institute <br />of Transportation Engineers, and other interested organizations, shall <br />develop guidance on the various approaches to accommodating bicycles and <br />pedestrian travel. <br /> ``(2) Issues to be addressed.--The guidance shall address issues <br />such as the level and nature of the demand, volume, and speed of motor <br />vehicle traffic, safety, terrain, cost, and sight distance. <br /> ``(3) Recommendations.--The guidance shall include recommendations <br />on amending and updating the policies of the American Association of <br />State Highway and Transportation Officials relating to highway and <br />street design standards to accommodate bicyclists and pedestrians. <br /> ``(4) Time period for development.--The guidance shall be developed <br />within 18 months after the date of enactment of this Act [June 9, <br />1998].'' <br /> <br /> <br /> Energy Conservation Bicycle Transportation Program; Report <br /> <br /> Pub. L. 95-619, title VI, Sec. 682, Nov. 9, 1978, 92 Stat. 3287, set <br />forth findings respecting an energy conservation bicycle transportation <br />program and required a study and report not more than one year after <br />Nov. 9, 1978, by the Secretary of Transportation for bicycle use <br />potential, etc. <br /> <br /> <br /> Bikeway Construction Projects <br /> <br /> Section 141(a)-(e), (i) of Pub. L. 95-599, related to establishment <br />by Secretary of design and construction standards for bikeway <br />construction projects and to grants to States for bikeway construction <br />projects, prior to repeal by Pub. L. 100-17, title I, Sec. 133(e)(2), <br />Apr. 2, 1987, 101 Stat. 173. <br /> <br /> <br /> Bikeway Demonstration Program <br /> <br /> Pub. L. 93-643, Sec. 119, Jan. 4, 1975, 88 Stat. 2288, authorized <br />grants to States for demonstration projects for construction of <br />bikeways, prior to repeal by Pub. L. 100-17, title I, Sec. 133(e)(2), <br />Apr. 2, 1987, 101 Stat. 173. <br /> <br /> Section Referred to in Other Sections <br /> <br /> This section is referred to in sections 103, 133 of this title. <br /> <br /> <br /> <br />
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