[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR652.7]

[Page 241-242]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 652_PEDESTRIAN AND BICYCLE ACCOMMODATIONS AND PROJECTS--Table of Contents
 
Sec. 652.7  Eligibility.

    (a) Independent bicycle projects, incidental bicycle projects, and 
nonconstruction bicycle projects must be principally for transportation 
rather than recreational use and must meet the project conditions for 
authorization where applicable.
    (b) The implementation of pedestrian and bicycle accommodations may 
be authorized for Federal-aid participation as either incidental 
features of highways or as independent projects where all of the 
following conditions are satisfied.

[[Page 242]]

    (1) The safety of the motorist, bicyclist, and/or pedestrian will be 
enhanced by the project.
    (2) The project is initiated or supported by the appropriate State 
highway agency(ies) and/or the Federal land management agency. Projects 
are to be located and designed pursuant to an overall plan, which 
provides due consideration for safety and contiguous routes.
    (3) A public agency has formally agreed to:
    (i) Accept the responsibility for the operation and maintenance of 
the facility,
    (ii) Ban all motorized vehicles other than maintenance vehicles, or 
snowmobiles where permitted by State or local regulations, from 
pedestrian walkways and bicycle paths, and
    (iii) Ban parking, except in the case of emergency, from bicycle 
lanes that are contiguous to traffic lanes.
    (4) The estimated cost of the project is consistent with the 
anticipated benefits to the community.
    (5) The project will be designed in substantial conformity with the 
latest official design criteria. (See Sec. 652.13.)

[49 FR 10662, Mar. 22, 1984; 49 FR 14729, Apr. 13, 1984]