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 bills.
Time 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. |