[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR652.9]

[Page 240-241]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 652--PEDESTRIAN AND BICYCLE ACCOMMODATIONS AND PROJECTS--Table of Contents
 
Sec. 652.9  Federal participation.

    (a) Independent walkway projects, independent bicycle projects and 
nonconstruction bicycle projects shall be financed with 100 percent 
Federal-aid primary, secondary or urban highway funds, provided the 
total amount obligated for all such projects in any one State in any 
fiscal year does not exceed $4.5 million of Federal-aid funds or a 
lesser amount apportioned by the Federal Highway Administrator to avoid 
exceeding the annual $45 million cost limitation on these projects for 
all States in a fiscal year. The Federal Highway Administrator may, upon 
application, waive this limitation for a State for any fiscal year. This 
limitation also applies to projects funded under Sec. 652.9(d). This 
limitation does not apply to projects of the type described in 
Sec. 652.9(c). The FHWA Offices of Direct Federal Programs and 
Engineering will coordinate projects of the type described in 
Sec. 652.9(d) to ensure that the annual cost limitations will not be 
exceeded.
    (b) Specific eligibility requirements for Federal-aid participation 
in independent and nonconstruction projects are:
    (1) An independent walkway project must be constructed on highway 
right-of-way or easement, or right-of-way acquired for this purpose. 
Independent walkway projects may be constructed separately or in 
conjunction with a Federal-aid highway construction project. Where an 
independent walkway project is located away from the Federal-aid highway 
right-of-way, it must serve pedestrians who would normally desire to use 
the Federal-aid route.
    (2) An independent bicycle project may include the acquisition of 
land needed for the facility, or such projects may be constructed on 
existing highway right-of-way or easement acquired for this purpose. 
Independent bicycle projects may include construction of bicycle lanes, 
paths, shelters, bicycle parking facilities and other roadway and bridge 
work necessary to accommodate bicyclists.
    (3) Nonconstruction bicycle projects must be related to the safe use 
of bicycles for transportation, and may include safety educational 
material and route maps for safe bicycle transportation purposes. 
Nonconstruction bicycle projects shall not include salaries for 
administration, law enforcement, maintenance and similar items required 
to operate transportation networks and programs, but may include

[[Page 241]]

cost of staff or consultants for development of specific nonconstruction 
projects.
    (c) Bicycle and pedestrian accommodations may also be constructed as 
incidental features of highway construction projects. These incidental 
features may be financed with the same type of Federal-aid funds, 
including funds of the type described in Sec. 652.9(d) (except 
Interstate construction funds) and at the same Federal share payable as 
a basic highway project. These accommodations are not subject to the 
funding limitations for independent walkway, independent bicycle and 
nonconstruction bicycle projects. In the case of the Interstate 
construction projects, Federal-aid Interstate construction funds may 
only be used to replace existing facilities that would be interrupted by 
construction of the project, or to mitigate specific environmental 
impacts. Interstate 4R funds provided by 23 U.S.C. 104(b)(5)(B) may be 
used only for incidental features. As incidental features, these 
accommodations must be part of a highway improvement and must be located 
within the right-of-way of the highway, including land acquired under 23 
U.S.C. 319 (Scenic Enhancement Program).
    (d) Funds authorized for Federal lands highways (forest highways, 
public lands highways, park roads, parkways, and Indian reservation 
roads which are public roads), forest development roads and trails 
(i.e., roads or trails under the jurisdiction of the Forest Service), 
and public lands development roads and trails (i.e., roads or trails 
which the Secretary of the Interior determines are of primary importance 
for the development, protection, administration, and utilization of 
public lands and resources under his/her control), may be used for 
independent bicycle routes and independent walkway projects. These funds 
may not be used for nonconstruction bicycle projects.