If my understanding of this facility is correct, and if it is FHWA/ADA compliant, then the FHWA/ADA needs a revision.

If the corrections to this facility that you posted earlier are ever made; then it will be a good facility. The way it stands; why advocate using the less safe option between the facility and the road?

The simplest and safest way to correct the short-comings of this facility is to simply install sharrows indicating that cyclists may use the right half of the right lane. This would give cyclists the option of MUP or road with sharrows, and motorists would have another same direction lane in which to pass.