2013 US Code
Title 23 - Highways
Chapter 2 - OTHER HIGHWAYS (§§ 201 - 219)
Section 217 - Bicycle transportation and pedestrian walkways
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 2 - OTHER HIGHWAYS Sec. 217 - Bicycle transportation and pedestrian walkways |
Contains | section 217 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 87 Stat. 262 88 Stat. 2288 90 Stat. 441 92 Stat. 2712, 2711, 3287 96 Stat. 2116 101 Stat. 167, 170, 173 105 Stat. 1975 109 Stat. 582 112 Stat. 168, 169 119 Stat. 1515, 1460 122 Stat. 1602 126 Stat. 427 |
Public Law References | Public Law 93-87, Public Law 93-643, Public Law 94-280, Public Law 95-599, Public Law 95-619, Public Law 97-424, Public Law 100-17, Public Law 102-240, Public Law 104-59, Public Law 105-178, Public Law 109-59, Public Law 110-244, Public Law 112-141 |
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(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)
(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.)
REFERENCES IN TEXTSection 104 of this title, referred to in subsecs. (a), (b), and (d), was amended generally by Pub. L. 112–141, div. A, title I, §1105(a), July 6, 2012, 126 Stat. 427.
AMENDMENTS2012—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".
EFFECTIVE DATE OF 2012 AMENDMENTAmendment 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 AMENDMENTAmendment 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.
NONMOTORIZED TRANSPORTATION PILOT PROGRAMPub. 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)
Pub. L. 105–178, title I, §1202(b), June 9, 1998, 112 Stat. 169, provided that:
"(1)
"(2)
"(3)
"(4)
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 PROJECTSPub. 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 PROGRAMPub. 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.
1 See References in Text note below.
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