Quarterly Newsletter and News Articles

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.

§133. Surface Transportation Program [Eligibility for Surface Transportation Program Funds]

(b) Eligible Projects.--A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following: (3) Carpool projects, fringe and corridor parking facilities and programs, bicycle transportation and pedestrian walkways in accordance with section 217, and modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(8) Transportation enhancement activities.

(c) Location of Projects.--Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b)(3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on January 1, 1991, and except as approved by the Secretary.

(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.

(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.

In this chapter, the following definitions apply:
. . .
(2) Safety.-

The term "safety" includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured.

(c) Eligible Projects. -

The following are projects that are eligible for Federal assistance under this section:

. . .

(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, passing lane, overlook, or interpretive facility.

(35) Transportation enhancement activities.-

(35) Transportation enhancement activity.--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:
(A) Provision of facilities for pedestrians and bicycles.
(B) Provision of safety and educational activities for pedestrians and bicyclists.
(C) Acquisition of scenic easements and scenic or historic sites (including historic battlefields).
(D) Scenic or historic highway programs (including the provision of tourist and welcome center facilities).
(E) Landscaping and other scenic beautification.
(F) Historic preservation.
(G) Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).
(H) Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails).
(I) Inventory, control, and removal of outdoor advertising.
(J) Archaeological planning and research.
(K) Environmental mitigation--
(i) to address water pollution due to
highway runoff; or
(ii) reduce vehicle-caused wildlife
mortality while maintaining habitat connectivity.
(L) Establishment of transportation museums.

(d) Advanced Research. -

(1) In general. -

The Secretary shall establish an advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508, that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. In carrying out the program, the Secretary shall strive to develop partnerships with the public and private sectors.

(2) Research areas. -

In carrying out the program, the Secretary may make grants and enter into cooperative agreements and contracts in such areas as the Secretary determines appropriate, including the following:

. . .

(D) Safety technology-based problems in the areas of pedestrian and bicycle safety, roadside hazards, and composite materials for roadside safety hardware.

(a) General Requirements.-
(1) Findings.- It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution.

(a) General Requirements. -

. . .

(3) Contents.-

The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
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(c) Scope of Planning Process. -

(1) In general. -

Each State shall carry out a transportation planning process that provides for consideration of projects and strategies that will -
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(B) increase the safety and security of the transportation system for motorized and nonmotorized users;
(C) increase the accessibility and mobility options available to people and for freight;
(D) protect and enhance the environment, promote energy conservation, and improve quality of life;
(E) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;

(3) Participation by interested parties. -

In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan.

(2) Contents. -

(2) Contents.--The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

(f) Scope of Planning Process. -

(1) In general. -

The metropolitan transportation planning process for a metropolitan area under this section shall provide for consideration of projects and strategies that will -
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(B) increase the safety and security of the transportation system for motorized and nonmotorized users;

(C) increase the accessibility and mobility options available to people and for freight;

(D) protect and enhance the environment, promote energy conservation, and improve quality of life;

(E) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;

(5) Participation by interested parties. -

(A) In general.--Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.

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(j) Bicycle Safety. -

In carrying out projects under this section, a State shall take into account bicycle safety.

(a) In General. -

(1) Program. -

Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.

(2) Hazards.- In carrying out paragraph (1), a State may, at its discretion-
(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and
(B) develop and implement projects and programs to address the hazards.
(b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).
(c) Funds authorized to carry out this section shall be available for expenditure on-
(1) any public road;
(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or
(3) any traffic calming measure.
(d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.

(a) Definitions.- In this section, the following definitions apply:
(1) Motorized recreation.- The term "motorized recreation" means off-road recreation using any motor-powered vehicle, except for a motorized wheelchair.
(2) Recreational trail.- The term "recreational trail" means a thoroughfare or track across land or snow, used for recreational purposes such as-
(A) pedestrian activities, including wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including carriage driving;
(D) nonmotorized snow trail activities, including skiing;
(E) bicycling or use of other human-powered vehicles;
(F) aquatic or water activities; and
(G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.

(a) Establishment.--Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.
(b) Purposes.--The purposes of the program shall be--
(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;
(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and
(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. . . .

e) Eligible Recipients.--Amounts apportioned to a State under this section shall be used by the State to provide inancial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.
(f) Eligible Projects and Activities.--
(1) Infrastructure-related projects.--
(A) In general.--Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
(B) Location of projects.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.
(2) Noninfrastructure-related activities.--
(A) In general.--In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.
(B) Allocation.--Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph.
(3) Safe routes to school coordinator.--Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program.

(1) In general.--Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions
in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility.
``(2) Motorcycles and bicycles.--
``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility.
``(B) Safety exception.--
``(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification.
``(ii) Acceptance of certification.--The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment.

(B) Inclusions.--The term `highway safety improvement project' includes a project for one or more of the following:
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(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, pedestrians, and the disabled.
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(v) An improvement for pedestrian or bicyclist safety or safety of the disabled.