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Horse Trails: TEA-LU, “Shared Paths” and “Illinois Bike Path Laws”  Ask your Politicians – then decide how to vote

 It seems bike trails are being created everywhere.  Like most equestrians, you wonder where the money comes from when no funds are available for equestrian trails. In Illinois, most of the money for trails comes from the Federal Transportation Bill.  This bill,  known as the Highway-Funding Bill, has been called ISTEA, and TEA-21.  Next it will be called TEA-LU.  Some trail money comes from State Taxes and Fees.  You will need this information to question your politicians on horse trail issues.

  Background

The Recreational Trails Program (RTP) was established by the National Recreational Trails Fund Act, and has been funded through the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21).

 The RTP funds up to 80% of the acquisition, development, rehabilitation, enhancement, and maintenance of motorized and non-motorized trails by public agencies, private organizations, and private individuals.  At least 30% of RTP funding is earmarked for motorized trails, at least 30% for non-motorized trails, and no more than 40% for diversified trails (either motorized and non-motorized, or more than one motorized or non-motorized use).  States may reserve 7% of RTP funding for administration and 5% for education.  The Illinois Greenways and Trails Council (IG&TC) serves as Illinois’ State Trails Advisory Board, as required by the Act.

 To date the RTP is the only program that expressly funds the acquisition, development, rehabilitation, enhancement, and maintenance of all types of trails, including hiking, equestrian, mountain biking, and cross-country skiing trails, which do not currently have dedicated funding at either the state or federal level. 

 The Programs

There are a number of grant programs for trails.  The Bike Path grant program funds bike trail acquisition and development.  The Snowmobile Trail Establishment Fund and Local Government Snowmobile grant programs fund snowmobile trail development.  The Boat Access Area Development grant program funds motorboat and canoe access acquisition and development (water and development).  The OSLAD grant program funds open space acquisition and development, which can include smaller trails within parks such as hiking and nature trails (these could be shared use).  The OHV grant program funds ATV and off-highway motorcycle trail acquisition and development

 

The Illinois DNR Bike Path Grant.  This program is funded through a vehicle title transfer tax. (ie. Truck, trailer, car fees).  The funding comes from $2 of the title fee. It goes into DNR's Park & Conservation Fund (one of many "special funds" DNR has, e.g., State Park Fund, Wildlife-Fish Fund), & is set-up as the Park & Conservation-Bikeways Fund.  Current state language (Bike Path) has allowed local authorities to exclude horses.  The Horsemen’s Council of Illinois has proposed an amended law to change the language to funding to “recreational paths” or trails instead of mearly “bike paths”.   “Shared Path” or “Public Trails” would be equally good wording.   Please contact your area legislator and ask them to support or resubmit amended bill (SB0310) of the Illinois Vehicle Code.  This will allow state money to be spent on bicycle paths that could also accommodate horses, in areas where such a measure would be endorsed by local trail managers.  The law might even suggest that priority be given to trails when more users are accommodated on a given path.  Currently we hear this bill is stuck in the rules committee.  Only with wording changes in this law would there be a grant program that might fund a horse trail on a parallel side path near a bicycle trail.

 The Federal Lands Highway Program provides access to and within Federal lands.  For Equestrians (with road rights equal to cars) this is another means of accessing federal money.  Trails are eligible for funding but Federal agencies have been placing higher priority on highway access and safety projects.  Project decisions are made by the Federal Land management agencies in coordination with local governments.  Federal lands may include National Forest, Army Corp of Engineer land, Bureau of Land Management, National Parks, and so on.

 The Money

The Illinois Department of Natural Resources (IDNR) allocates 75% of their RTP to local authorities for trail funding through grants. They plan to continue this practice.  The have not elected to automatically use RTP funding for administration or education as the bill allows. The 25% DNR set-aside ensures some RTP funds will go towards non-motorized trails, e.g., hiking, equestrian, mountain biking, and cross-country skiing at popular State Parks and other State sites.  The IDNR Site Trails Plan and follow-up Site Trails Assessment identified about $5 million in DNR site trail rehabilitation, maintenance, and development needs.  Allocating a portion of RTP funds to DNR site trails helps to address these identified needs.

RTP money is considered with “matching money.”  Local trail managers must contribute at least 20% of the funds it costs to acquire or develop trails.  (This match could include labor, equipment, land purchase, etc.).   In some state volunteer labor is tabulated and considered as a portion of the match.

In 1996, locals had to match 50% and  $380,917 was appropriated in Illinois.

In 2000, local agencies contributed 20% and  $1,169,934 was appropriated statewide.

In 2003, the IDNR received $1,211,415 from the RTP fund.  Local authorities got $762,420 in grants and $398,980 went to non-motorized trails at various IDNR sites.

Funding for the 2004-2009 federal program has not yet been determined.

In 2003, the IDNR received $1,211,415 from the RTP fund.  Local authorities got $762,420 in grants and $398,980 went to non-motorized trails at various IDNR sites.

Funding for the 2004-2009 federal program has not yet been determined.

 More Money

Both the Federal TE program and IDNR administered Bike Path Grant program fund bike trails, which tend to be the most demanded and costly type of trail grant project.

 The Illinois Department of Transportation (IDOT) has funded over $78 million of bike trails in the last 6 years as part of the Federal Transportation Bill enhancement funding. The bicyclist, considered to be an alternative (gasoline saving) mode of transportation, is eligible for millions of dollars of trail funding through the “transportation enhancement (TE) funds”.   The bicyclists are very excited about the prospects of including bike/pedestrian programs for safe routes to schools and for health & fitness trails in the next round of funding. 

 

Christopher Douwes, the Trails and Enhancements Program Manager of the Federal Highway Administration has assured Equestrians that there is:

·         Nothing in Federal law or regulation that excludes equestrians from trails using Federal-aid highway program funds, although TE projects must ‘relate to surface transportation; 

·         Nothing in Federal law or regulation requires trails to be paved, although TE-funded trail projects must have a ‘firm and stable surface’ to meet accessibility requirements;

·         States or Project sponsors may have restrictions;

·         Project sponsors must include various interest groups in the project development process; and

Equestrians need to participate!

 

Rail Trail Projects, Historic Transportation Facilities and some safety programs are eligible for TE money. National Scenic Byways Program money can also be used to enhance recreation access, protect scenic, historic, cultural resources adjacent to a scenic byway. (Like the Great River Road along the Mississippi river)

Perhaps, if you are creative, you can figure out how your horse trail would into these  type of projects.

 

The Federal Transportation Enhancements (TE) program, administered by IDOT, funding bike and pedestrian facilities and trails. IDOT should hold public meetings on the IL Transportation Enhancements Program (ITEP) when Congress re-authorizes the funding.  That's what they did last time and equestrians should have been invited.  These meetings help shape how IDOT administers the ITEP.  IDOT hasn't allowed ITEP to fund any shared path/equestrian trails. 

 Including Equestrians

 The American Horse Council has been instrumental in changing the language within the TE to include the term “Shared Use Path”.    The term shared used means a multipurpose trail or path that is usable by equestrians, pedestrians, bicyclists, skaters, and other non-motorized users as local management sees fit.  Since equestrians were not named as possible users of this money, they have been excluded in the past.  Federal Highway Administration officials are quoted as saying this was not their intention, but the wording of the bill easily allowed local authorities to exclude equestrians from their trails. 

  What works for the Horse Industry

The 2004-2009 Federal Transportation bill is still being debated within Congress.  It calls for $247 billion to be allocated with an annual $60 million going into the RPT.  Horsemen should want the House version of the funding and budget.  In this bill, the “Shared Path” language proposed by the American Horse Council is included within the Senate version of TE. The two bills will go to a conference committee to work out the differences.  This language is very important to equestrians for future trails and maintenance of current trails.  The funding level is very important for trails.

Please contact your local congressman and ask them to support the new Federal Transportation bill.  

If funding were increased for recreational trails and equestrians were to be named as potential users of shared paths in the transportation enhancements Federal Legislation then we would have a better chance of establishing trails in our neighborhoods and parks that equestrians could use.

 For more information on the Transportation Bill go to      http://www.americabikes.org/transportationbill

 In summary, most of the trails within Illinois are funded through the Federal Transportation Highway Bill sections (TE, RTP), and the Illinois Bike Path grant. It is very important that equestrians align themselves more closely and work with bicyclists and hikers.  Each of us must understand the system of trails funding and development, attend our local trails meetings, and get involved in the creation of new trails. It is equally important for equestrians to get politically active and demand that our politicians vote for horse-friendly language within the current billsTime is of the essence since these laws, budgets and issues are now being debated and decisions will be made now or soon after the November elections that will affect our freedom to ride horses well into the future.

 

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