23 CFR 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.
(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 § 652.13.)