Policies

The Federal Highway Administration (FHWA) is responsible for transportation policies and spending programs at the federal level. FHWA works with Departments of Transportation (DOT's) in each state to implement polices and programs.

The transportation planning process is carried out with the active and on-going involvement of the public, affected public agencies, and transportation providers.

Bicyclists and pedestrians must be given due consideration in the planning process, and bicycle & pedestrian facilities are considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities except where bicycle use and walking are not permitted. Transportation plans and projects must also consider safety and contiguous routes for bicyclists and pedestrians.

In 1991, Congress passed landmark transportation legislation that set a new direction for transportation policy. The Intermodal Surface Transportation Efficiency Act (ISTEA) recognized the importance of bicycling and walking in creating a balanced transportation system. Key bicycling and walking provisions of ISTEA include:

• A ten percent set aside of Surface Transportation Program funding for transportation enhancements, including facilities for bicycling and walking.
• The opening of numerous other funding programs to pay for bicycle and pedestrian facilities.
• The requirement that all State Departments of Transportation and Metropolitan Planning Organizations (MPO) prepare long range transportation plans that include bicycling and walking;
• The requirement that each MPO develop a Transportation Improvement Program (TIP) containing a list of proposed federally supported projects to be carried out over the next three years. 
• The requirement that each state appoint a Bicycle and Pedestrian Coordinator position in its State Department of Transportation to promote and facilitate the increased use of nonmotorized transportation, including developing facilities for the use of pedestrians and bicyclists and public educational, promotional, and safety programs for using such facilities.

Following the adoption of ISTEA, the U.S. Department of Transportation published the National Bicycling and Walking Study (NBWS) in 1994. The NBWS translated the recognition of nonmotorized travel embodied in ISTEA into two specific goals: to double the percentage of trips made by foot and bicycle while simultaneously reducing the number of crashes involving bicyclists and pedestrians by 10 percent.
 
The Transportation Equity Act for the 21st Century (TEA-21), signed into law on June 9, 1998, carries forward the same programs for bicycling and walking established in ISTEA, and also included several new and stronger directives. Important policies and statements codified in TEA-21 include:

• State and MPO long range plans are to "provide consideration of strategies that will increase the safety and security of the transportation system for motorized and nonmotorized users."
• Bicyclists and pedestrians shall be given "due consideration" in State and MPO plans.
• Bicycle and pedestrian facilities are to "be considered, where appropriate, with all new construction and reconstruction of transportation facilities."

TEA-21 also requires that the Secretary of Transportation assures that bicycle and pedestrian linkages are maintained and improved, stating that:

• "The Secretary of Transportation shall not approve any project or take any regulatory action that will result in the severance of an existing major route, or have an adverse impact on the safety of nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route already exists;" and
• "in any case where a highway bridge deck being replaced or rehabilitated with federal financial participation is located on a highway on which bicycles are permitted to operate at each end…and the Secretary determines that the safe accommodation of bicycles can be achieved at reasonable cost, the such bridge shall be so replaced".

In February 1999 FHWA issued a Guidance Memorandum regarding the bicycle and pedestrian provisions of TEA-21. The memorandum is very supportive of bicycling and walking and clearly establishes that these modes are an important component of the transportation system, stating that:

• "To varying extent, bicyclists and pedestrians will be present on all highways where they are permitted and it is clearly the intent of TEA-21 that all new and improved transportation facilities be planned, designed, and constructed with this fact in mind";
• "We expect every transportation agency to make accommodation for bicycling and walking a routine part of their planning, design, construction, operations and maintenance activities";
• "Bicycling and walking ought to be accommodated as an element of good planning, design and operation."

The guidance also clarified the meaning of "due consideration" stating that:

• A presumption that bicyclists and pedestrians will be accommodated in the design of new and improved transportation facilities.
• The decision not to accommodate them should be the exception not the rule.
• Must be exceptional circumstances for denying access through design or prohibition.

In 2003, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act was authorized, and largely maintains and expands the bicycle and pedestrian transportation provisions of ISTEA and TEA-21, and includes new Safe Routes to Schools provisions.

Americans with Disabilities Act

Administered by the Department of Justice, the Americans with Disabilities Act (ADA) prohibits State and local governments from discriminating against people with disabilities in all programs, services, and activities. ADA also prohibits discrimination against people with disabilities in public transportation provided by public entities. The United States Access Board is currently working to develop sidewalk and trail guidelines with FHWA, to be incorporated in the ADA Accessibility Guidelines. FHWA published Designing Sidewalks and Trails for Access, Part I of II: Review of Existing Guidelines and Practices, in 1999 and recommends that this document be used when considering how best to accommodate persons with disabilities in public rights of way.