RS20469: Bicycle and Pedestrian Transportation Policies

William A. Lipford

Analyst in Transportation

Glennon J. Harrison

Specialist in Industry and Transportation
Resources, Science, and Industry Division

February 14, 2000

Bicycle and Pedestrian Legislation

Federal-aid Highway Act of 1973. A bicycle transportation and pedestrian walkways program was first established in the Federal-aid Highway Act of 1973 (P.L. 93- 87). States were allowed to use a limited amount of federal-aid highway system funds for the construction of separate or preferential bicycle lanes and facilities, and pedestrian walkways. In addition, funds authorized for forest development roads and trails, parkways, Indian reservation roads and bridges, public lands highways and public lands development roads and trails funds could be used for bicycle routes and pedestrian walkways. Bicycle and pedestrian safety promotion provisions were also included in the Act. The 1973 Act provided an authorization of $40 million per year, with no State being allowed to obligate more than $2 million per year for bicycle or pedestrian projects. During the 18-year period between FY1973 and FY1991, 20 states used federal-aid highway funds for bike and pedestrian use, totaling $41 million.

Intermodal Surface Transportation Efficiency Act Of 1991 (ISTEA). The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)(P.L. 102-240) identified bicycles and pedestrian walkways as an integral part of the Nation's transportation network. Significantly higher levels of federal funding were made available for the development of bikeways to achieve various goals, including improving air quality, reducing energy costs, reducing congestion on existing roadways, and helping to provide for lower overall transportation costs.

ISTEA amended section 217 of Title 233 by expanding funding sources for bicycle transportation and pedestrian walkways to include nearly all of the major federal-aid highway, transit, safety, and other programs, including the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality (CMAQ) program, the National Highway System (NHS) program (for construction of bicycle and pedestrian transportation facilities on land adjacent to the NHS, other than the Interstate System). In addition, Federal Lands Highway Funds may also be used to construct bicycle transportation facilities and pedestrian walkways associated with forest highways, forest development roads and trails, park roads, parkways, public lands highways, and Indian reservation roads. Also, Scenic Byways and National Recreational Trail Programs funds may be used for bike and pedestrian projects. Further, Section 402 highway safety funds may be used for bicycle and pedestrian safety purposes, and federal transit funding may be used to provide access to transit facilities, shelters, parking areas, and facilities on transit vehicles to transport bikes.

The construction of pedestrian walkways and bicycle facilities from funds from any of the above programs are considered highway projects and receive the same federal/state matching share of 80-20 percent. Federal-aid highway funds used for bridge replacement and rehabilitation require that safe bicycle facilities must be considered and built where feasible, except on fully access-controlled highways. ISTEA also limited bicycle projects to those which the Secretary of Transportation determines are principally for transportation, rather than recreation, purposes.

ISTEA also required that all state transportation departments establish a bicycle and pedestrian coordinator position to promote non-motorized vehicle usage, develop facilities, and promote safety programs. Also included in ISTEA was a requirement that all bicycle and pedestrian facilities to be built under section 217 must be located and designed according to an overall plan to be developed by each metropolitan planning organization (MPO - a planning agency established for each urbanized area of more than 50,000 population) and every State and incorporated into their comprehensive annual long-range plans.

Transportation Equity Act for the 21st Century. The Transportation Equity Act for the 21" Century (TEA21)(P.L. 105-178) amended ISTEA by permitting the use of NHS funds for pedestrian walkways, including previously eligible bicycle projects, on all NHS routes. TEA21 eliminated the ISTEA bridge provision that restricted the use of federal-aid highway funds for bicycle facilities 'where access was fully controlled'.

Under TEA21, the earlier planning provisions were further strengthened by requiring that the local metropolitan planning organization (MPO) and State give due consideration to bicyclists and pedestrians in the comprehensive transportation plans developed by each MPO and State. The MPO and State are required to consider bicycle transportation facilities and pedestrian walkways, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities (except where such facilities are not permitted).

Bicycle and pedestrian safety must also be considered in transportation plans and projects. The installation of safety devices such as audible traffic signals and audible signs is to be considered (where appropriate). Educational and safety activities are now eligible for funding. New construction or reconstruction of transportation facilities should consider these types of projects where feasible, except where bike or pedestrian use is prohibited. TEA21 clarifies under federal law that motorized wheelchairs are not considered a motorized vehicle, thus allowing them the use of bike and pedestrian facilities. Electric bicycles are permitted if state or local government regulations allow such use. All rail-highway crossing hazard elimination projects must consider bicycle safety issues. TEA21 allows for the use of hazard elimination program funds for public bicycle and pedestrian facilities.

Funding under ISTEA and TEA21. The 10% annual state set-a-side of the STP for transportation enhancements have been the main source of funds available for bike and pedestrian projects. As of March 1999, a total of 3,845 projects (43% of all approved enhancement projects) had been approved for this purpose. Funding for bike and pedestrian facilities from the transportation enhancement program for this same period totaled $1,030.2 million, or almost 39% of total enhancement funding. Although it is difficult to gauge the contribution of rails-to-trails, historic transportation facilities, and historic preservation projects to bike and pedestrian activities, there is substantial overlap.

Footnotes

1 TEA21 was signed into law on June 9, 1998.

2 U.S. Department of Transportation. FHWA. Planning and Environment. Intermodal and Statewide Programs. FHWA Guidance: Bicycle and Pedestrian Provisions of Federal Transportation Legislation, [http://www.fhwa.dot.gov/hep10/biped/bpguid.html]

3 United States Code (U.S.C.).