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Memorandum - Ltarincation or rriw~v's uversignt Kole in t~ccessinlnry - urrlce or Livia... rage r or ~ U.B. Cpartrr~ ~ ~r~t i°e+d~ral F~ghwtcry A~dmtrt~sfra3tiort ie of civil ight~ FHWA Home ~ Feedback r.. .~ ~a-{. ~_ - r ' ..,, y~ j Glarificatian of 1=HWA's ®versight Rale in Accessibility ~~ U.S. Department of Transportation Federal Highway Administration Memorandum Subject: ACTION: Clarification of FHWA's Oversight Role in Date: 9-12-06 Accessibility From: Frederick D. Isler Reply to Attn of: HCR-1 Associate Administrator for Civil Rights HIF-1 King W. Gee Associate Administrator for Infrastructure To: Associate Administrators Chief Counsel Chief Financial Officer Directors of Field Services Resource Center Director and Operations Managers Division Administrators Federal Lands Highway Division Engineers The Federal Highway Administration (FHWA) recognizes the need for the transportation system to be accessible to all users. The purpose of this memorandum is to clarify FHWA's role and responsibility to oversee compliance on pedestrian access required by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). Since 1978, FHWA has promoted accessible transportation systems through technical assistance and guidance on ADA and Section 504. In addition, accessibility improvements are eligible for Federal-aid funding. The FHWA is responsible for implementation of pedestrian access requirements from the ADA and Section 504. This is accomplished through stewardship and oversight over all Federal, State, and local governmental agencies ("public agencies") that build and maintain highways and roadways, whether or not they use Federal funds on a particular project. Policy In February 2000, the FHWA issued a policy providing technical guidance to integrate facilities for pedestrians, including persons with disabilities, into the transportation infrastructure. The guidance can be found at www.fhwa dot gov/environment/bikepedldesign.htm#d4. The ADA and Section 504 do not require public agencies to provide pedestrian facilities. However, where pedestrian facilities exist they must be accessible. Furthermore, when public agencies construct improvements providing access for pedestrians, the completed project also must meet accessibility requirements for persons with disabilities to the maximum extent feasible. Planning Title 23 requires that long-range transportation plans and transportation improvement programs, in both statewide http://www.fhwa.dot.gov/civilrights/ada_memo_clarificationa.htm ATT~11~8~J/120~