Federal Highway Administration Clarifies Horse Use

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

FHWA Action
During consideration of the omnibus federal highway funding bill, known as SAFETEA-LU, 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 equestrian’s access to shared-use paths.

As a result of these meetings, FHWA 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.” Specifically, 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]

A copy of the FHWA notice can be found on the FHWA website at:

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

This notice, posted on the FHWA website, is a positive step forward in acknowledging equestrian activity on public land.

AHC Position
The AHC continues to look for ways to clarify Congress’ original position which did not intend to deny horseback riders access to these public land. The AHC will work with the FHWA to promote future legislation which will allow further land access for equestrians.