§217. Bicycle transportation and pedestrian walkways
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(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)
(j)
(1)
(2)
(A)
(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;
(ii) that can safely share a bicycle transportation facility with other users of such facility; and
(iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.
(B)
(i)
(I) provides assistance only when the rider is pedaling; and
(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.
(ii)
(I) may be used exclusively to propel the bicycle; and
(II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.
(iii)
(I) provides assistance only when the rider is pedaling; and
(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.
(3)
(4)
(Added Pub. L. 93–87, title I, §124(a), Aug. 13, 1973, 87 Stat. 262; amended Pub. L. 94–280, title I, §134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L. 97–424, title I, §126A, formerly §126, Jan. 6, 1983, 96 Stat. 2116, renumbered §126A, Pub. L. 100–17, title I, §133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, §127, Apr. 2, 1987, 101 Stat. 167; Pub. L. 102–240, title I, §1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L. 104–59, title III, §310(b), Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §1202(a), June 9, 1998, 112 Stat. 168; Pub. L. 109–59, title I, §1954, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 112–141, div. A, title I, §1104(c)(4), July 6, 2012, 126 Stat. 427; Pub. L. 114–94, div. A, title I, §1446(a)(13), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 117–58, div. A, title I, §§11133, 11525(p), Nov. 15, 2021, 135 Stat. 514, 608.)
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–58, §11133(1), substituted "pedestrian walkways and bicycle and shared micromobility" for "pedestrian walkways and bicycle" and "safe access for bicyclists and pedestrians" for "safe bicycle use".
Subsec. (d). Pub. L. 117–58, §§11133(2), 11525(p), substituted "104(b)(4)" for "104(b)(3)" and "up to 2 positions" for "a position".
Subsec. (e). Pub. L. 117–58, §11133(3), substituted "pedestrians or bicyclists" for "bicycles" in two places.
Subsec. (f). Pub. L. 117–58, §11133(4), substituted "or a bicycle or shared micromobility" for "and a bicycle".
Subsec. (j)(2). Pub. L. 117–58, §11133(5), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "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."
2015—Subsec. (a). Pub. L. 114–94 substituted "104(b)(4)" for "104(b)(3)".
2012—Subsec. (b). Pub. L. 112–141 substituted "National Highway Performance Program" for "National Highway System" in heading.
2005—Subsec. (c). Pub. L. 109–59 struck out "in conjunction with such trails, roads, highways, and parkways" before period at end.
1998—Subsec. (b). Pub. L. 105–178, §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, §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, §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, §1202(a)(4), substituted "Motorized vehicles may not" for "No motorized vehicles shall" in introductory provisions.
Subsec. (h)(3). Pub. L. 105–178, §1202(a)(5), substituted "motorized wheelchairs;" for "when State and local regulations permit, motorized wheelchairs; and".
Subsec. (h)(4), (5). Pub. L. 105–178, §1202(a)(6), added par. (4) and redesignated former par. (4) as (5).
Subsec. (j). Pub. L. 105–178, §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".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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.
Active Transportation Infrastructure Investment Program
Pub. L. 117–58, div. A, title I, §11529, Nov. 15, 2021, 135 Stat. 612, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans—
"(A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and
"(B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation.
"(2) Whether the eligible organization demonstrates broad community support through—
"(A) the use of public input in the development of transportation plans; and
"(B) the commitment of community leaders to the success and timely implementation of an eligible project.
"(3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling.
"(4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2).
"(5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and disadvantaged communities.
"(6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life.
"(d)
"(1)
"(A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and
"(B) not less than 30 percent to eligible projects that construct active transportation spines.
"(2)
"(3)
"(4)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(g)
"(h)
"(1)
"(2)
"(3)
"(A) A list of grants made under this section.
"(B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects.
"(C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation.
"(i)
"(j)
"(1)
"(2)
"(k)
"(l)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council;
"(B) a multicounty special district;
"(C) a State;
"(D) a multistate group of governments; or
"(E) an Indian tribe.
"(6)
"(A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and
"(B) that has—
"(i) a total cost of not less than $15,000,000; or
"(ii) with respect to planning and design grants, planning and design costs of not less than $100,000.
"(7)
"(8)
"(A) the cost of acquiring real property;
"(B) the cost of site preparation, demolition, and development;
"(C) expenses related to the issuance of bonds or notes;
"(D) fees in connection with the planning, execution, and financing of the eligible project;
"(E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments;
"(F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project;
"(G) the cost of land improvements;
"(H) contractor fees;
"(I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and
"(J) any other cost that the Secretary determines is necessary and reasonable."
Nonmotorized Transportation Pilot Program
Pub. L. 109–59, title I, §1807, Aug. 10, 2005, 119 Stat. 1460, as amended by Pub. L. 110–244, title I, §106, June 6, 2008, 122 Stat. 1602, provided that:
"(a)
"(1) Columbia, Missouri.
"(2) Marin County, California.
"(3) Minneapolis, Minnesota.
"(4) Sheboygan County, Wisconsin.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(g)
Design Guidance
Pub. L. 105–178, title I, §1202(b), June 9, 1998, 112 Stat. 169, provided that:
"(1)
"(2)
"(3)
"(4)
Energy Conservation Bicycle Transportation Program; Report
Pub. L. 95–619, title VI, §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
Pub. L. 95–599, title I, §141(a)–(e), (i), Nov. 6, 1978, 92 Stat. 2711, 2712, 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, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.
Bikeway Demonstration Program
Pub. L. 93–643, §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, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.