MEMORANDUM

 To:     AHC Members 

From:  American Horse Council

 Re:     Federal Highway Administration Clarifies Horse Use

 Date:   November 10, 2005 

The Federal Highway Administration (FHWA) has publicly clarified that "Equestrians and other non-motorized recreational use may be allowed on shared use paths and trails that use Federal-aid transportation funds."  The notice, posted on the FHWA website, is a positive step forward in acknowledging equestrian activity on public land. 

 Under current federal law, equestrians are not specifically listed as potential users of shared-use transportation paths.  Many riders believe that some land mangers use this to deny equestrians access to these paths, even though that is not the intent of the federal law. 

 During consideration of the recently-passed SAFETEA-LU legislation, the Omnibus federal highway funding bill, the AHC attempted to include language that specifically provided that horses were allowed on shared-use paths and trails that use Federal-aid transportation funds.  The Senate version of the highway bill included this language in a broad section that listed equestrians, among other users, as permitted shared-use trail users.  The House version of the bill did not include this provision.  Unfortunately, it was removed during the negotiations in the Conference Committee formed to work out the final bill sent to the President, despite the industry's efforts to have it retained.

 When that occurred, the AHC met with the FHWA to discuss alternative ways to clarify the original intent of the statue, which was meant to include horses among other non-motorized users.  We also discussed ways for this information to be distributed to land managers at the state and local level.  One solution proposed was FHWA posting language on their website specifically addressing equestrians on shared-use paths.  The statement was recently posted by the FHWA and the language strongly supports our goal of preserving and expanding the right of horseback riders. 

Among other points, the FHWA notice clarifies that:

 The Recreational Trails Program (RTP) encourages trail management practices to serve a wide variety of trail users, including equestrians.  This philosophy of trail sharing should extend to other trail projects using Federal-aid highway program funds.  [Emphasis added]

 We will continue to work with the FHWA and other federal agencies to promote long-term regulatory changes that will support equestrian use on federal land. 

 We have attached a copy of the FHWA notice below.  Otherwise, it can be found on the FHWA website at:

http://www.fhwa.dot.gov/environment/bikeped/allow_uses.htm

Equestrian and Other Non-motorized Use on Bicycle and Pedestrian Facilities

Background

Several people have inquired recently about Federal requirements regarding equestrian and other non-motorized use of projects funded under Section 217 of title 23 of the United States Code (www.fhwa.dot.gov/environment/bikeped/sec217.htm). The reauthorization proposals from the Administration and the Senate had proposed adding some language clarifying this issue: "Shared use paths may be used by pedestrians, bicyclists, skaters, equestrians, and other non-motorized users." This language was not included in the final version of the SAFETEA-LU legislation. The fact that this new language was not adopted does not change current Federal policy.

FHWA Position

Equestrian and other non-motorized recreational use may be allowed on shared use paths and trails that use Federal-aid transportation funds. Federal transportation laws and regulations do not prohibit the use of shared use paths or trails by equestrians, in-line skaters, cross country skiers, snowshoe users, or other non-motorized users. States may choose to prohibit such use; it is a State determination. Various design options may allow equestrian use, such as providing both a paved path and an unpaved path within the same right-of-way. See Resources below.

Related Provisions and Implications

Section 217(i) states: Transportation Purpose.--No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation purposes. This requirement only affects bicycle projects. It does not create a prohibition of equestrian or other non-motorized recreational use.

Transportation enhancement projects must relate to surface transportation (see www.fhwa.dot.gov/environment/te/relate.htm). This is a flexible provision that accommodates recreational use as long as the project relates to surface transportation.

When a State uses Federal-aid transportation funds for a project affecting a recreational trail, the use of Federal-aid transportation funds should accommodate existing legal recreational uses that are consistent with the land management agency's plans. A land manager may choose to change land use consistent with management goals and plans, but State or local officials should not require a change in existing legal recreational uses solely because Federal-aid transportation funds are being used for a project.

Trail Sharing

The Recreational Trails Program (RTP) encourages trail management practices to serve a wide variety of trail users, including equestrians. This philosophy of trail sharing and cooperation should extend to other trail projects using Federal-aid highway program funds. An amendment in the RTP now allows RTP funds to match other Federal programs: for example, a State may now match Transportation Enhancement or other Federal-aid funds with RTP funds. The RTP continues to allow matching funds from other Federal programs. The RTP guidance states: "Many trails provide both a recreational and transportation purpose. RTP funds may be used on any trail which provides recreation. Using RTP funds on a trail project does not make the trail ineligible for other Federal highway funds if the trail also provides a transportation purpose."

If you need additional informational, please contact us.

John C. Fegan
Federal Highway Administration

Christopher Douwes
Federal Highway Administration

Resources

·         National Trails Training Partnership website resources: www.nttp.net/resources/index.html.

·         National Trails Training Partnership website on Trail Design and Construction: www.nttp.net/resources/trailbuilding/index.html.

·         Presentation from Anne O'Dell, Designing Shared Use Trails to Include Equestrians. Go to: www.nttp.net/resources/trailbuilding/index.html and select the publication.

·         Trails for the Twenty-First Century, from the Rails-to-Trails Conservancy. See RTC's bookstore at http://railtrails.tranguard.com/.

·         FHWA's Recreational Trails Program publications (includes trail-related publications from the USDA Forest Service): www.fhwa.dot.gov/environment/rectrails/publications.htm.

·         Recreational Trails Program: www.fhwa.dot.gov/environment/rectrails/.

·         Transportation Enhancement Activities: www.fhwa.dot.gov/environment/te/.

To provide Feedback, Suggestions, or Comments for this page contact John C. Fegan at john.fegan@fhwa.dot.gov.