§ 217. — Bicycle transportation and pedestrian walkways.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC217]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 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 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 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.
(Added Pub. L. 93-87, title I, Sec. 124(a), Aug. 13, 1973, 87 Stat. 262;
amended Pub. L. 94-280, title I, Sec. 134, May 5, 1976, 90 Stat. 441;
Pub. L. 95-599, title I, Sec. 141(h), Nov. 6, 1978, 92 Stat. 2712; Pub.
L. 97-424, title I, Sec. 126A, formerly Sec. 126, Jan. 6, 1983, 96 Stat.
2116, renumbered Sec. 126A, Pub. L. 100-17, title I, Sec. 133(a)(2),
Apr. 2, 1987, 101 Stat. 170; Pub. L. 100-17, title I, Sec. 127, Apr. 2,
1987, 101 Stat. 167; Pub. L. 102-240, title I, Sec. 1033, Dec. 18, 1991,
105 Stat. 1975; Pub. L. 104-59, title III, Sec. 310(b), Nov. 28, 1995,
109 Stat. 582; Pub. L. 105-178, title I, Sec. 1202(a), June 9, 1998, 112
Stat. 168.)
Amendments
1998--Subsec. (b). Pub. L. 105-178, Sec. 1202(a)(1), inserted
``pedestrian walkways and'' after ``construction of'' and struck out
``(other than the Interstate System)'' after ``on the National Highway
System''.
Subsec. (e). Pub. L. 105-178, Sec. 1202(a)(2), struck out ``, other
than a highway access to which is fully controlled,'' after ``located on
a highway''.
Subsec. (g). Pub. L. 105-178, Sec. 1202(a)(3), added subsec. (g) and
struck out heading and text of former subsec. (g). Text read as follows:
``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.''
Subsec. (h). Pub. L. 105-178, Sec. 1202(a)(4), substituted
``Motorized vehicles may not'' for ``No motorized vehicles shall'' in
introductory provisions.
Subsec. (h)(3). Pub. L. 105-178, Sec. 1202(a)(5), substituted
``motorized wheelchairs;'' for ``when State and local regulations
permit, motorized wheelchairs; and''.
Subsec. (h)(4), (5). Pub. L. 105-178, Sec. 1202(a)(6), added par.
(4) and redesignated former par. (4) as (5).
Subsec. (j). Pub. L. 105-178, Sec. 1202(a)(7), added subsec. (j) and
struck out heading and text of former subsec. (j). Text read as follows:
``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.''
1995--Subsec. (f). Pub. L. 104-59 substituted ``determined in
accordance with section 120(b)'' for ``80 percent''.
1991--Pub. L. 102-240 substituted ``walkways'' for ``walkway'' in
section catchline and amended text generally, substituting present
provisions for provisions authorizing States to construct pedestrian
walkways and bicycle lanes, paths, etc., as Federal-aid highway
projects, relating to safe accommodation of bicycles on bridge with deck
replaced or rehabilitated with Federal participation, prohibiting
bicycle project under this section unless principally for transportation
purposes, deeming walkway and bicycle projects as highway projects and
setting Federal share at 100 per centum, allowing use of funds
authorized for forest highways, forest development roads and trails,
etc., for construction of walkways and bicycle routes, prohibiting use
of motor vehicles on trails and walkways, and relating to obligation of
funds.
1987--Subsec. (b)(1). Pub. L. 100-17 inserted ``and sums apportioned
or allocated for highway substitute projects in accordance with section
103(e)(4) of this title'' after ``title'' in second sentence.
1983--Subsec. (a). Pub. L. 97-424 designated as subsec. (a) that
portion of former subsec. (a) relating to pedestrian walkways. Remainder
of former subsec. (a) relating to bicycles was redesignated (b)(1).
Subsec. (b). Pub. L. 97-424 redesignated as par. (1) that portion of
former subsec. (a) relating to bicycles and added pars. (2) and (3).
Provisions of former subsec. (b) relating to pedestrian walkways and
bicycles projects were redesignated (c) and (d), respectively.
Subsec. (c). Pub. L. 97-424 redesignated as subsec. (c) that portion
of former subsec. (b) relating to pedestrian walkways. Provisions of
former subsec. (c) relating to pedestrian walkways and to bicycle routes
were redesignated (e) and (f), respectively.
Subsec. (d). Pub. L. 97-424 redesignated as subsec. (d) that portion
of former subsec. (b) relating to bicycle projects. Former subsec. (d)
redesignated (g).
Subsec. (e). Pub. L. 97-424 redesignated as subsec. (e) that portion
of former subsec. (c) relating to pedestrian walkways. Former subsec.
(e) redesignated (h) and amended.
Subsec. (f). Pub. L. 97-424 redesignated as subsec. (f) that portion
of former subsec. (c) relating to bicycle routes.
Subsec. (g). Pub. L. 97-424 redesignated former subsec. (d) as (g).
Subsec. (h). Pub. L. 97-424 redesignated former subsec. (e) as (h),
substituted reference to subsecs. (a), (b), (e), and (f) of this section
for reference to former subsecs. (a) and (c), and substituted provision
that no State shall obligate more than $4,500,000 for such projects in
any fiscal year, except that the Secretary may, upon application, waive
this limitation for a State for any fiscal year for provision that no
State was to obligate more than $2,500,000 for such projects for any
fiscal year.
1978--Subsec. (a). Pub. L. 95-599 inserted provision relating to
energy conservation and struck out requirement that such construction be
in conjunction with Federal-aid highways.
1976--Subsec. (e). Pub. L. 94-280 substituted ``$45,000,000'' for
``$40,000,000'' and ``$2,500,000'' for ``$2,000,000''.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
Design Guidance
Pub. L. 105-178, title I, Sec. 1202(b), June 9, 1998, 112 Stat. 169,
provided that:
``(1) In general.--In implementing section 217(g) of title 23,
United States Code, the Secretary, in cooperation with the American
Association of State Highway and Transportation Officials, the Institute
of Transportation Engineers, and other interested organizations, shall
develop guidance on the various approaches to accommodating bicycles and
pedestrian travel.
``(2) Issues to be addressed.--The guidance shall address issues
such as the level and nature of the demand, volume, and speed of motor
vehicle traffic, safety, terrain, cost, and sight distance.
``(3) Recommendations.--The guidance shall include recommendations
on amending and updating the policies of the American Association of
State Highway and Transportation Officials relating to highway and
street design standards to accommodate bicyclists and pedestrians.
``(4) Time period for development.--The guidance shall be developed
within 18 months after the date of enactment of this Act [June 9,
1998].''
Energy Conservation Bicycle Transportation Program; Report
Pub. L. 95-619, title VI, Sec. 682, Nov. 9, 1978, 92 Stat. 3287, set
forth findings respecting an energy conservation bicycle transportation
program and required a study and report not more than one year after
Nov. 9, 1978, by the Secretary of Transportation for bicycle use
potential, etc.
Bikeway Construction Projects
Section 141(a)-(e), (i) of Pub. L. 95-599, related to establishment
by Secretary of design and construction standards for bikeway
construction projects and to grants to States for bikeway construction
projects, prior to repeal by Pub. L. 100-17, title I, Sec. 133(e)(2),
Apr. 2, 1987, 101 Stat. 173.
Bikeway Demonstration Program
Pub. L. 93-643, Sec. 119, Jan. 4, 1975, 88 Stat. 2288, authorized
grants to States for demonstration projects for construction of
bikeways, prior to repeal by Pub. L. 100-17, title I, Sec. 133(e)(2),
Apr. 2, 1987, 101 Stat. 173.
Section Referred to in Other Sections
This section is referred to in sections 103, 133 of this title.
