§ 129. Toll roads, bridges, tunnels, and ferries

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 129

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902

2. 1960

   Federal Highway Act of 1960

   Pub. L. 86–657 § 5(b) · 74 Stat. 522

   Changed · 23 U.S.C. § 129

   Pub. L. 86–657, § 5(b), included ferries in section catchline

   Source evidence

   Code amendment note
   Pub. L. 86–657, § 5(b), included ferries in section catchline.

   Enacted provision · exact public law section
   (b) The caption of section 129 of title 23, United States Code, is amended to read as follows:

3. 1960

   Federal Highway Act of 1960

   Pub. L. 86–657 § 8(a) · 74 Stat. 522

   Struck · 23 U.S.C. § 129(c)

   Pub. L. 86–657, § 8(a), struck out “under prior Acts” after “Funds authorized”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–657, § 8(a), struck out “under prior Acts” after “Funds authorized”.

   Enacted provision · exact public law section
   (a) Subsection (c) of section 129 of title 23, United States Code, is amended by striking out “under prior Acts”.

4. 1960

   Federal Highway Act of 1960

   Pub. L. 86–657 § 5(a) · 74 Stat. 522

   Added · 23 U.S.C. § 129(e)

   Pub. L. 86–657, § 5(a), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 86–657, § 5(a), added subsec. (e).

   Enacted provision · exact public law section
   (a) Section 129 of title 23, United States Code, is hereby amended by adding thereto the following new subsection: “(e) Notwithstanding the provisions of section 301 of this title, the Secretary may permit Federal participation under this title in the construction of a project constituting an approach to a ferry, whether toll or free, the route of which has been approved under section 103 (b) or (c) of this title as a part of one of the Federal-aid systems and has not been designated as a route on the Interstate System. Such ferry may be either publicly or privately owned and operated, but the operating authority and the amount of fares charged for passage shall be under the control of a State agency or official, and all revenues derived from publicly owned or operated ferries shall be applied to payment of the cost of construction or acquisition thereof, including debt service, and to actual and necessary costs of operation, maintenance, repair, and replacement.”

5. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 28 · 82 Stat. 815

   Changed · 23 U.S.C. § 129(b)

   Pub. L. 90–495 required that, after June 30, 1968, as a condition for the addition of toll highway facilities on the Interstate System, the approval of the Secretary is required, with an affirmative finding that the construction of the road as a toll facility rather than a toll-free facility is in the public interest, but with such limitation on the construction of toll facilities not to extend to toll bridges and tunnels

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–495 required that, after June 30, 1968, as a condition for the addition of toll highway facilities on the Interstate System, the approval of the Secretary is required, with an affirmative finding that the construction of the road as a toll facility rather than a toll-free facility is in the public interest, but with such limitation on the construction of toll facilities not to extend to toll bridges and tunnels.

   Enacted provision · exact public law section
   Sec. 28. toll roads Section 129(b) of title 23 of the United States Code is 72 Stat. 902. amended by adding at the end thereof the following: “After June 30, 1968, all agreements between the Secretary and a State highway department for the construction of projects on the Interstate System shall contain a clause providing that no toll road will be constructed after June 30, 1968, on the interstate highway route involved without the official concurrence of the Secretary. The Secretary shall not concur in any such construction unless he makes an affirmative finding that, under the particular circumstances existing, the construction of such road as a toll facility rather than a toll-free facility is in the public interest. The preceding two sentences shall not apply to any toll bridge or toll tunnel.”

6. 1970

   Federal-Aid Highway Act of 1970

   Pub. L. 91–605 § 133 · 84 Stat. 1713

   1. Added · 23 U.S.C. § 129(e)

      Pub. L. 91–605, § 133, added subsec. (e). Former subsec. (e), pertaining to ferry approaches

   2. Redesignated · 23 U.S.C. § 129(e)

      Pub. L. 91–605, § 133, redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 91–605, § 133, added subsec. (e). Former subsec. (e), pertaining to ferry approaches, redesignated (f).

   Enacted provision · exact public law section
   Sec. 133. federal participation in the improvement of toll roads Section 129 of title 23, United States Code, is amended by redesignating subsection (e) as subsection (f), including any reference thereto, and by inserting immediately before such redesignated subsection (f) the following: “(e) Notwithstanding the provisions of subsection (b) of this 82 Stat. 829. section, the Secretary may permit Federal participation in the reconstruction and improvement of any toll road providing for only two lanes of traffic, which is designated part of the Interstate System on the date of enactment of this subsection as he may find necessary to bring such two lane toll road to the geometric and construction standards for the Interstate System in order to provide for the safe use of such highway as part of the Interstate System and to facilitate the removal of tolls therefrom. Federal participation in such reconstruction and improvement shall be on the same basis and in the same manner as in the construction of free Interstate System highways under this chapter. No Federal participation shall be permitted Exception. pursuant to this subsection except on two lane toll roads which were designated as a part of the Interstate System on or before June 30, 1968. Before Federal participation under this subsection, the State highway department and the toll road authority involved shall enter into an agreement with the Secretary which shall provide that— “(1) no indebtedness which is to be liquidated by the collection of tolls (in addition to indebtedness in existence on date of enactment in this subsection) shall be incurred after the date of enactment of this subsection; “(2) all tolls received from the operation of the toll road, less the actual cost of such operation and maintenance, shall be applied to the repayment of only those bonds outstanding on the date of enactment of this subsection constituting a valid lien against such toll road and its maintenance and operation and debt service during the period of toll collection; “(3) the toll road shall become free to the public upon collection of tolls sufficient to liquidate all such bonds.”

7. 1970

   Federal-Aid Highway Act of 1970

   Pub. L. 91–605 title I · 84 Stat. 1713

   1. Redesignated · 23 U.S.C. § 129(f)

      Pub. L. 91–605, §§ 133, 139, redesignated subsec. (e), relating to ferry approaches, as (f)

   2. Added · 23 U.S.C. § 129(f)

      Pub. L. 91–605, §§ 133, 139, added a second subsec. (f) relating to ferry boats

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 91–605, §§ 133, 139, redesignated subsec. (e), relating to ferry approaches, as (f) and added a second subsec. (f) relating to ferry boats.

   Enacted provision · exact public law
   TITLE I SEC. 101. short title This title may be cited as the “Federal-Aid Highway Act of 1970”. Sec. 102. revision of authorization of appropriations for interstate system Subsection (b) of section 108 of the Federal-Aid Highway 82 Stat. 815. 23 USC 101 note. Act of 1956, as amended, is amended by striking out “and the additional sum of $2,225,000,000 for the fiscal year ending June 30, 1974” and inserting in lieu thereof the following: “the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1974, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1975, and the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1976”. Sec. 103. authorization of use of cost estimate for apportionment of interstate funds The Secretary of Transportation is authorized to make the apportionment for the fiscal years ending June 30, 1972, and June 30, 1973, of the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5, House Document Numbered 91–317. Sec. 104. extension of time for completion of system (a) The second paragraph of section 101(b) of title 23, 82 Stat. 816. United States Code, is amended by striking out “eighteen years” and inserting in lieu thereof “twenty years” and by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1976”. (b) (1) The introductory phrase and the second and third sentences of section 104(b) (5) of title 23, United States Code, are amended by striking out “1974” each place it appears and inserting in lieu thereof at each such place “1976”. (2) Such section 104(b) (5) is further amended by striking out the two sentences preceding the last sentence and inserting in lieu thereof Estimates, transmittal to Congress. the following: “The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives on April 20, 1970. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1972, and June 30, 1973. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1972. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the, fiscal years ending June 30, 1974, and June 30, 1975. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1974. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal year ending June 30, 1976.” Sec. 105. highway authorizations (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to 72 Stat. 885. be appropriated: (1) For the Federal-aid primary system and the Federal-aid secondary system and for their extension within urban areas, out of the Highway Trust Fund, $1,100,000,000 for the fiscal year ending June 30, 1972, and $1,100,000,000 for the fiscal year ending June 30, 1973. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For the Federal-aid primary system and the Federal-aid secondary system, exclusive of their extensions in urban areas, out of the Highway Trust Fund, $125,000,000 for the fiscal year ending June 30, 1972, and $125,000,000 for the fiscal year ending June 30, 1973, such sums to be in addition to the sums authorized in paragraph (1) of this subsection. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 60 per centum for projects on the. Federal-aid primary highway system; and (B) 40 per centum for projects on the Federal-aid secondary system. (3) For the Federal-aid urban system, out of the Highway Trust Fund, $100,000,000 for the fiscal year ending June 30, 1972, and $100,000,000 for the fiscal year ending June 30, 1973. (4) For traffic operation projects in urban areas as authorized in section 135 of title 23, United States Code, out of the Highway Trust 32 Stat. 820. Fund, $100,000,000 for the fiscal year ending June 30, 1972, and $100,000,000 for the fiscal year ending June 30, 1973. (5) For forest highways, out of the Highway Trust Fund. $33,000,000 for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal year ending June 30, 1973. (6) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending June 30, 1972, and $16,000,000 for the fiscal year ending June 30, 1973. (7) For forest development roads and trails, $170,000,000 for the fiscal year ending June 30, 1972, and $170,000,000 for the fiscal year ending June 30, 1973. (8) For public lands development roads and trails, $5,000,000 for the fiscal year ending June 30, 1972, and $10,000,000 for the fiscal year ending June 30, 1973. (9) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1973. (10) For parkways, $20,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973. (11) For Indian reservation roads and bridges, $30,000,000 for the fiscal year ending June 30, 1972, and $30,000,000” for the fiscal year ending June 30, 1973. (12) For carrying out section 319(b) of title 23, United States Code (relating to landscaping and scenic enhancement), $1,500,000 for fiscal year ending June 30, 1972, and $10,000,000 for fiscal year ending June 30, 1973. (13) For necessary administrative expenses in carrying out section 131, section 130 and section 319(b) of title 23, United States Code, $1,500,000 for the fiscal year ending June 30, 1971, $1,500,000 for the fiscal year ending June 30, 1972, and $3,000,000 for the fiscal year ending June 30, 1973. (14) Nothing in the first eleven paragraphs of this section shall be construed to authorize the appropriation of any sums to carry out section 80 Stat. 731. 23 USC 401. 131, 136, 319(b), or chapter 4 of title 23, United States Code. (b) (1) No State shall receive less than one-half of 1 per centum of the total apportionment for each of the fiscal years 1972 and 1973 under paragraph (5) of subsection (b) of section 104 of title 23, 72 Stat. 890; Ante, p. 1714. United States Code. In addition, to all other authorizations for the Interstate System for the two fiscal years ending June 30, 1972, and June 30, 1973, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $55,000,000 for each such fiscal year for such System. Such authorization shall be apportioned to each of the States receiving apportionments under section 103 of this Act of less than one-half of 1 per centum for each such fiscal year, so as to ensure that each such State will receive for each such fiscal year an amount equal to one-half of 1 per centum of the total apportionment for each such fiscal year under section 103 of this Act, as required by the first sentence of this paragraph. (2) By January 1, 1972, the Secretary shall report to Congress on his recommendation for the apportionment of funds and matching requirements for work on Federal-aid highways in States which have completed, or are nearing completion, of construction on Interstate System mileage located in their State, and for all States after completion of the Interstate System. Sec. 106. federal-aid urban system (a) Subsection (a) of section 101 of title 23, United States 72 Stat. 885; Post, pp. 1724, 1732, 1737. Code, is amended as follows: (1) After the definition of the term “Secretary” add the following new paragraph: “Urbanized area.” “The term ‘urbanized area’ means an area so designated by the Bureau of the Census.” (2) After the definition of the term “Federal-aid secondary system” add the following new paragraph: “Federal-aid urban system.” Post, p. 1717 “The term ‘Federal-aid urban system’ means the Federal-aid highway system described in subsection (d) of section 103 of this title.” (3) The definition of the term “Interstate System” is amended to read as follows: “Interstate System.” “The term ‘Interstate System’ means the National System of Interstate and Defense Highways described in subsection (e) of section 103 Infra. of this title.” (b) (1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-erences thereto, and section 103 is further amended by adding immediately 72 Stat. 887; 76 Stat. 1147. after subsection (c) the following subsection (d): “(d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section. The provisions of chapters 1, Ante, p. 1716, Infra. 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection.” (2) Relettered subsection (f) of section 103 of title 23, United States Code, is amended by inserting after “the Federal-aid secondary system,” the following: “the Federal-aid urban system,”. (3) Subsection (a) of section 103 of title 23, United States Code, is amended to read as follows: “(a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section.” (c) (1) Section 104 of title 23, United States Code, is amended by 72 Stat. 889. adding at the end thereof the following: “(f) Not to exceed 50 per centum of the amounts apportioned in accordance with paragraph (3) of subsection (b) of this section may 77 Stat. 276. be expended for projects on the Federal-aid urban system.” (2) Subsection (b) of section 104 of title 23, United States Code, is Ante, p. 1714. amended by adding at the end thereof the following new paragraph: “(6) For the Federal-aid urban system: “In the ratio which the population in urbanized areas, or parts thereof, in each State bears to the total population in such urbanized areas, or parts thereof, in all the States as shown by the latest available Federal census.” (d) Subsections (d) and (e) of section 105 of title 23, United States Code, are relettered (e) and (f), respectively, including all references 80 Stat. 736. thereto, and section 105 is further amended by adding immediately after subsection (c) a new subsection (d): “(d) In approving programs for projects on the Federal-aid urban system, the Secretary shall require that such projects be selected by the appropriate local officials and the State highway department in cooperation with each other.” (e) Subsection (b) of section 106 of title 23, United States Code, is amended to read as follows: “(b) In addition to the approval required under subsection (a) of this section, proposed specifications for projects for construction on (1) the Federal-aid secondary system, except in States where all public roads and highways are under the control and supervision of the State highway department, and (2) the Federal-aid urban system, shall be determined by the State highway department and the appropriate local road officials in cooperation with each other.” (f) Subsection (a) of section 120 of title 23, United States Code, is amended by striking out “and the Federal-aid secondary system” and inserting in lieu thereof a comma and the following: “the Federal-aid secondary system, and the Federal-aid urban system”. (g) Subsection (b) of section 135 of title 23, United States Code, is amended by inserting after “urban areas” the following: “and on the Federal-aid urban system”. Sec. 107. prohibition or impoundment of apportionments and division of funds Subsections (c) and (d) of section 101 of title 23, United 82 Stat. 822. States Code, are amended to read as follows: “(c) It is the sense of Congress that under existing law no part of any stuns authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. “(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.” Sec. 108. increased federal share (a) Section 120 of title 23, United States Code, is amended by’ striking out “50 per centum” each place it appears and inserting in lieu thereof at each such place the following: “70 per centum”. (b) The amendments made by subsection (a) of this section shall take effect with respect to authorizations for appropriations for fiscal years beginning after June 30, 1973. Sec. 109. emergency relief (a) The first sentence of subsection (a) of section 125 of title 23, United States Code, is amended to read as follows: “An emergency fund is authorized for expenditure by the Secretary, subject to Supra; Post, pp. 1719, 1731. the provisions of this section and section 120 of this title, for (1) the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of (A) natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or (B) catastrophic failures from any cause, in any part of the United States, and (2) the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after December 31, 1967, and prior to December 31, 1970, because of imminent danger of collapse due to structural deficiencies or physical deterioration.” (b) Section 120(f) of title 23, United States Code, is amended by 78 Stat. 1090. adding before the last sentence thereof the following new sentence: “As used in this section with respect to bridges and in section 144 of this Post, p. 1741. title, ‘a comparable facility’ shall mean a facility which meets the current geometric and construction standards required for the types and volume of traffic which such facility will carry over its design life.” Sec. 110. training programs Section 140 of title 23, United States Code, is amended by 82 Stat. 826. inserting “(a)” immediately before “Prior” and by adding at the end thereof the following new subsection: “(b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer highway construction training, including skill improvement programs. Whenever an apportionment is made under subsections 104 (b)(1), (b)(2), (b) (3), (b) (5), and (b) (6) of this title of the sums authorized to be 72 Stat. 889; 82 Stat. 816; Ante, pp. 1714. 1717. appropriated for expenditure upon the Federal-aid primary and secondary systems, and their extensions within urban areas, the Interstate System, and the Federal-aid urban system for the fiscal years 1972 and 1973 the Secretary shall deduct such sums as he may deem necessary not to exceed $5,000,000 per fiscal year, for administering the provisions of this subsection to be financed from the appropriation for the Federal-aid systems. Such sums so deducted shall remain available until expended. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary.” Sec. 111. urban highway public transportation (a) Chapter 1 of title 23, United States Code, is amended 82 Stat. 836. by adding at the end thereof a new section as follows: “§ 142. Urban highway public transportation “(a) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles on highways, other than on rails, for the transportation of passengers (hereinafter in this section referred to as ‘buses’) within urbanized areas so as to increase the traffic capacity of the Federal-aid systems, sums apportioned in accordance with paragraphs (3), (5), and (6) of subsection (b) of section 104 of this title shall be available to finance the Federal share of the costs of projects for the construction of exclusive or preferential bus lanes, highway traffic control devices, bus passenger loading areas and facilities, including shelters, and fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers. “(b) The establishment of routes and schedules of such public mass transportation systems shall be based upon a continuing comprehensive transportation planning process carried on in accordance with section 134 of title 23, United States Code. Post, p. 1737. “(c) For all purposes of this title, a project authorized by subsection (a) of this section shall be deemed to be a highway project, and, except as provided in subsection (d) of this section, the Federal share payable on account of such project shall be that provided in section 120 of this title. Ante, p. 1718. “(d) No project authorized by this section, other than a project for fringe or transportation corridor parking facilities, shall be approved unless— “(1) such project (A) will avoid the construction of a highway project under this title which increases automobile traffic capacity, (B) will provide a capacity for the movement of persons at least equal to that which would be provided by the avoided highway project, and (C) will not exceed in the amount of the Federal share, the Federal share of the cost of the avoided highway project; or “(2) no other feasible or prudent highway project can provide the additional capacity for the movement of persons by motor vehicles on highways (other than on rails) provided by this project. “(e) No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that public mass transportation systems will have adequate capability to fully utilize the proposed project.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “142. Urban highway public transportation.” Sec. 112. territorial highway program (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 215. Territorial highway program “(a) Recognizing the mutual benefits that will accrue to the Virgin Islands, Guam, and American Samoa, and to the United States from the improvement of highways in such territories of the United States, the Secretary is authorized to assist each such territorial government in a program for the construction and improvement of a system of arterial highways, and necessary inter island connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be granted under this subsection to such territories upon the basis of a Federal contribution of 70 per centum of the cost of any project. “(b) In order to establish a long-range highway development program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction and maintenance operations, the development of a system of arterial and collector highways, including necessary interisland connectors, and the establishment of advance acquisition of right-of-way and relocation assistance programs. “(c) No part of the appropriations authorized under tills section shall be available for obligation or expenditure with respect to any territory until the Governor enters into an agreement with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary inter is! and connectors, built in accordance with standards approved by the Secretary; (2) will not impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated under the provisions of this section; (3) will provide for the maintenance of such facilities in a condition to adequately serve the needs of present and future traffic; (4) will implement standards for traffic operations and uniform traffic control devices which are approved by the Secretary. “(d) (1) Three per centum of the sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section shall be available for expenditure only for engineering and economic surveys and investigations, for the planning of future highway programs and the financing thereof, for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof, and for research and development, necessary in connection with the planning, design, and maintenance of the highway system, and the regulation and taxation of their use. “(2) In addition to the percentage provided in paragraph (1) of the subsection, not to exceed 2 per centum of sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section may be expended upon request of the Governor and with the approval of the Secretary for the purposes enumerated in paragraph (1) of this subsection. “(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system. “(f) The provisions of chapters 1 and 5 of this title that are applicable 72 Stat. 835. 23 USC 101. 82 Stat. 830. 23 USC 501. to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section.” (b) The analysis of chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following: “215. Territories highway development program.” (c) There are hereby authorized to be appropriated for carrying Appropriation. out subsection (a) of section 215 of title 23, United States Code, out of Ante, p. 1720. any sums in the Treasury not otherwise appropriated— (1) not to exceed $2,000,000 per fiscal year for the Virgin Islands, for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (2) not to exceed $2,000,000 per fiscal year for Guam for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (3) not to exceed $500,000 per fiscal year for American Samoa for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (d) Sums authorized to be appropriated for the fiscal year ending June 30, 1971, shall be available for obligation immediately upon enactment of this section in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. Sums authorized to be appropriated for the fiscal year ending June 30, 1972, and the fiscal year ending June 30, 1973, shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. Sec. 113. darien gap highway (a) Chapter 2 of title 23, United States Code, is further amended by adding at the end thereof the following new section: “§ 216. Darien Gap Highway “(a) The United States shall cooperate with the Government of the Republic of Panama and with the Government of Colombia in the construction of approximately two hundred and fifty miles of highway in such countries in the location known as the ‘Darien Gap’ to connect the Inter-American Highway authorized by section 212 of this title 72 Stat. 909. with the Pan American Highway System of South America. Such highway shall be known as the ‘Darien Gap Highway’. Funds authorized by this section shall be obligated and expended subject to the. same terms, conditions, and requirements with respect to the Darien Gap Highway as are funds authorized for the Inter-American Highway 72 Stat. 909. by subsection (a) of section 212 of this title. “(b) The construction authorized by this section shall be under the administration of the Secretary, who shall consult with the appropriate officials of the Department of State with respect to matters involving the foreign relations of this Government, and such negotiations with the Governments of the Republic of Panama and Colombia as may be required to carry out the purposes of this section shall be conducted through, or authorized by, the Department of State. “(c) The provisions of this section shall not create nor authorize the creation of any obligations on the part of the Government of the United States with respect to any expenditures for highway survey or construction heretofore or hereafter undertaken in Panama or Colombia, other than the expenditures authorized by the provision of this section. “(d) Appropriations made pursuant to any authorization for the Darien Gap Highway shall be available for expenditure by the Secretary for necessary administrative and engineering expenses in connection with the Darien Gap Highway program. “(e) For the purposes of this section the term ‘construction’ does not include any costs of rights-of-way, relocation assistance, or the elimination of hazards of railway grade crossings.” (b) The analysis of chapter 2 of title 23, United States Code, is hereby amended by adding at the end thereof the following: “216. Darien Gap Highway.” (c) There is hereby authorized to be appropriated not to exceed $100,000,000, to remain available until expended to enable the Secretary of Transportation to carry out section 216 of title 23, United Ante, p. 1721. States Code. Sec. 114. administration (a) Subsection (a) of section 303 of title 23, United States Code, is amended to read as follows: “(a) (1) In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of 80 Stat. 931. 49 USC 1652. Transportation Act, there shall be a Deputy Federal Highway Administrator appointed by the Secretary of Transportation, with the approval of the President. The Deputy Federal Highway Administrator shall perform such duties as the Federal Highway Administrator shall prescribe. There shall also be an Assistant Federal Highway Administrator who shall be the chief engineer of the Administration and shall be appointed, with the approval of the President, by the Secretary of Transportation under the classified civil service and who shall perform such functions, powers, and duties as the Federal Highway Administrator shall prescribe. “(2) The Administrator of the Federal Highway Administration shall be compensated at the annual rate of basic pay of level II of 80 Stat. 460; 83 Stat. 864. the Executive Schedule in section 5313 of title 5, United States Code. The Deputy Federal Highway Administrator shall be compensated at the annual rate of basic pay of level IV of the Executive Schedule in section 5315 of title 5, United States Code. The Assistant Federal Highway Administrator shall be compensated at the annual rate of basic pay of level V of the Executive Schedule in section 5316 of title 5, United States Code.” (b) All provisions of law enacted before the date of enactment of Repeal. this Act which are inconsistent with the amendment made by subsection (a) of this section are hereby repealed to the extent of such inconsistency. (c) The President may authorize any person who immediately before the date of enactment of this Act held the office of Director of Public Roads to act as Deputy Administrator of the Federal Highway Administration created by the amendment made by subsection (a) of this section until the first. Deputy Administrator is appointed in accordance with such amendment. The President may authorize any person acting as Deputy Administrator in accordance with this subsection to receive compensation at the rate authorized for the Office of Deputy Administrator. Such compensation, if authorized, shall be in hen of, and not in addition to, any other compensation from the United States to which such person may be entitled. Sec. 115. training and research fellowships (a) Chapter 3 of title 23 of the United States Code is 72 Stat. 912. amended by adding at the end thereof the following new section: “§ 321. National Highway Institute “(a) The Secretary is authorized and directed to establish and operate in the Federal Highway Administration a National Highway Institute hereafter referred to as the ‘Institute’. The Institute shall develop and administer, in cooperation with the State highway departments, training programs of instruction for Federal Highway Administration and State and local highway department employees engaged or to be engaged in Federal-aid highway work. Such programs may include, but not be limited to, courses in modern developments, techniques, and procedures, relating to highway planning, environmental factors, acquisition of rights-of-way, engineering, construction, maintenance, contract administration, and inspection. The Secretary shall administer all authority vested in him by this title or by any other provision of law for the development and conduct of educational and training programs relating to highways through the Institute. Sums authorized to be deducted for administrative purposes by subsection (a) of section 104 of this title shall be available for carrying out this 72 Stat. 889. subsection. “(b) Not to exceed one-half of 1 per centum of all funds apportioned for any fiscal year beginning after June 30, 1970, to any State under paragraphs (1), (2), (3), and (6) of section 104(b) of this title 77 Stat. 276; Ante, p. 1717. shall be available for expenditure by the State highway department, subject to approval by the Secretary, for payment of not to exceed 70 per centum of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section. “(c) Education and training of Federal, State, and local highway employees authorized by this section may be provided by the Secretary, or, in the case where such education and training is to be paid for under subsection (b) of this section, by the State, subject to the approval of the Secretary, through grants and contracts with public and private agencies, institutions, and individuals.” (b) The analysis of chapter 3 of title 23 of the United States Code is amended by adding at the end thereof: “321. National Highway Institute.” (c) Section 307(a) of title 23 of the United States Code is amended by inserting immediately after the period at the end of the third sentence thereof the following new sentence.: “The Secretary is also authorized, acting independently or in cooperation with other Federal departments, agencies, or instrumentalities, to make grants for research fellowships for any purpose for which research is otherwise authorized by this section.” Sec. 116. bridges on federal dams (a) Section 320(d) of title 23 of the United States Code is amended by striking out “$13,000,000” and inserting in lieu thereof “$16,761,000”. (b) All sums appropriated under authority of the increased authorization of $3,761,000 established by the amendment made by subsection (a) of this section shall be available for expenditure only in connection with the construction of a bridge across Markland Dam on the Ohio River near Markland, Indiana, and Warsaw, Kentucky. No such sums shall be appropriated until all applicable requirements of 72 Stat. 917. section 320 of title 23 of the United States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the States of Kentucky and Indiana. Sec. 117. construction of replacement housing (a) Sections 510 and 511 of title 23, United States Code including all references thereto are hereby renumbered as sections 511 and 512 respectively. (b) Chapter 5 of title 23, United States Code, is amended by inserting immediately after section 509 the following new section: “§ 510. Construction of replacement housing “(a) The Secretary may approve as a part of the cost of construction of any project on any Federal-aid system the cost of (A) constructing new housing, (B) acquiring existing housing, (C) rehabilitating existing housing, and (D) relocating existing housing, as replacement housing for individuals and families where a proposed project on the Federal-aid system cannot proceed to actual construction because replacement housing is not available and cannot otherwise be made available as required by section 502 of this title. For the “Housing.” purposes of this subsection the term ‘housing’ includes all appurtenances thereto. “(b) State highway departments shall, wherever practicable, utilize the services of State or local governmental housing agencies in carrying out this section.” (c) The analysis of chapter 5 of title 28, United States Code, is amended by adding after “509. Relocation assistance programs on Federal highway projects.” the following: “510. Construction of replacement housing.” (d) The definition of the term “construction” in section 101(a) of Ante, p. 1716. title 23, United States Code, is amended to read as follows: “The term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the Coast and Geodetic Survey in the Department, of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement, housing sites, and acquisition, and rehabilitation, relocation, and construction of replacement housing.” Sec. 118. bridge alternation progress payments Section 7 of the Act of June 21, 1940 (54 Stat. 497), as amended (33 U.S.C. 517) is amended as follows: 72 Stat. 596. (1) In the first sentence strike all after “Following” to and including “Chief of Engineers” and insert in lieu thereof “service of the order requiring alteration of the bridge, the Secretary of Transportation”. (2) In the second sentence insert “of Transportation” between “Secretary” and “may”. (3) In the third sentence strike out the last word and insert in lieu thereof “Transportation”. Sec. 119. alaska highway (a) The President, acting through the Secretaries of State and Transportation, is authorized to undertake negotiations with the Government of Canada for the purpose of entering into a suitable agreement authorizing paving and reconstructing the Alaska Highway from Dawson Creek, Canada, (including a connecting highway to Haines, Alaska), to the Alaska border, including, but not limited to, necessary highway realinement. (b) The President shall report to Congress not later than one year Report to Congress. after the date of enactment of this section the results of his negotiations under this section. Sec. 120. effective date of relocation provisions Section 37 of the Federal-Aid Highway Act of 1968 is 82 Stat. 836. 23 USC 502 note. amended to read as follows: “Sec. 37. “effective date (a) Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment, except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. Except as otherwise provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely applicable to all States. Section 133 of title Repeal; effective date. 76 Stat. 1146. 82 Stat. 830; Post, pp. 1735, 1903. 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed, except as otherwise provided in subsection (b) of this section. “(b) In the case of any State (1) which is required to amend its Extension. constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment, for ratification prior to July 1, 1970, the date of July 1, 1970, contained in subsection (a) of this section shall be extended to July 1, 1972.” Sec. 121. future federal-aid highway program (a) The Secretary of Transportation shall develop and Recommendations to Congress. include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89–139), specific recommendations for the functional 23 USC 101 note. realinement of the Federal-aid systems. These recommendations shall he based on the functional classification study made in cooperation with the State highway departments and local governments as 82 Stat. 823. 23 USC 101 note. required by the Federal-Aid Highway Act of 1988 and submitted to the Congress in 1970, and the functional classification study now underway of the Federal-aid systems in 1990. (b) As a part of the future highway needs report to be. submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection. (c) The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance Post, p. 1737. with section 134 of title 23, United States Code. The highway needs estimates prepared by the States in connection with this report to Congress shall be submitted to Congress by the Secretary, together with his recommendations. (d) As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction. Sec. 122. highway beautification authorizations (a) Section 131 (m) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.” (b) Section 136 (m) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.” Sec. 123. highway beautification commission (a) There is hereby established a commission to be known as the Commission on Highway Beautification, hereinafter referred to as the “Commission”. (b) The Commission shall be comprised of eleven members as Membership. follows: (1) two majority and two minority members of the Senate Committee on Public Works to be appointed by the President of the Senate; (2) two majority and two minority members of the House Committee on Public Works to be appointed by the Speaker of the I louse of Representatives; (3) three persons to be appointed by the President of the United States from among persons who are not officers or employees of the United States. (c) The Chairman shall be elected from among the members of the Chairman. Commission by a majority vote of such members. Any vacancy which may occur on the Commission shall not affect, its powers or functions but shall be filled in the same manner in which the original appointment was made. (d) The organization meeting of the Commission shall be held at such time and place as may be specified in a call issued jointly by the senior member appointed by the President of the Senate and the senior member appointed by the Speaker of the House of Representatives. (e) Six members of the Commission shall constitute a quorum, but Quorum. a smaller number, as determined by the Commission, may conduct hearings. (f) Members of Congress who are members of the Commission shall Members, compensation. serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the ditties vested in the Commission. (g) Members of the Commission who are not Members of Congress or officers or employees in the executive branch shall each receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. (h) The Commission shall (1) study existing statutes and regulations Duties. governing the control of outdoor advertising and junkyards in areas adjacent to the Federal-aid highway system; (2) review the policies and practices of the Federal and State agencies charged with administrative jurisdiction over such highways insofar as such policies and practices relate to governing the control of outdoor advertising and junkyards; (3) compile data necessary to understand and determine the requirements for such control which may now exist, or are likely to exist within the foreseeable future; (4) study problems relating to the control of on-premise outdoor advertising signs, promotional signs, directional signs, and signs providing information that is essential to the motoring public; (5) study methods of financing and possible sources of Federal funds, including use of the Highway Trust Fund, to carry out a highway beautification program; and (6) recommend such modifications or additions to existing laws, regulations. policies, practices, and demonstration programs as will, in the judgment of the Commission, achieve a workable and effective highway beautification program and best serve the public interest. (i) The Commission shall, not later than one year after the funding Report, termination. of this section submit to the President and the Congress its final report. It shall cease to exist six months after submission of said report. Records, deposit in Archives. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. (j) The Chairman of the Commission shall request the head of each Federal department or independent agency which has an interest in or responsibility with respect to the control of outdoor advertising and of junkyards to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this section. (k) In carrying out its duties the Commission shall seek the advice of various groups interested in the problems relating to the control of outdoor advertising and junkyards including, but not limited to, State and local governments, public and private organizations working in the fields of environmental protection and conservation, communications media, commercial advertising interests, industry, education, and labor. (l) The Commission or, on authorization of the Commission, any committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee Subpenas. may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued only on the authority of the Commission and shall be served by anyone designated by the Chairman of the Commission. (m) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman. (n) There are hereby authorized to be appropriated such sums, but not more than $200,000, as may be necessary to carry out the provisions of this section and such moneys as may be appropriated shall be available to the Commission until expended. (o) The Commission is authorized to appoint and fix the compensation of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to provisions of title 5, United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and 80 Stat. 443, 467. 5 USC 5101, 5331. Ante, p. 198–1. General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall the staff director or any other employee receive as compensation an amount in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of title 5, United States Code. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with 80 Stat. 416. section 3109 of title 5, United States Code, but at rates not to exceed $100 per diem for individuals. (p) The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner. Sec. 124. elimination of segments of interstate system not to be constructed Section 103 of title 23, United States Code, is amended by Ante, p. 1716. adding at the end thereof the following new subsection: “(g) The Secretary, on July 1, 1973, shall remove from designation as a part of the Interstate System every segment of such System for which a State has not established a schedule for the expenditure of funds for completion of construction of such segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met. Nothing in the preceding sentence shall be construed to prohibit the substitution prior to July 1, 1973, of alternative segments of the Interstate System which will meet the requirements of this title. Any segment of the Interstate System with respect to which a State has not submitted plans, specifications, and estimates for approval by the Secretary by July 1, 1975, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under authority of the preceding sentence shall thereafter be designated as a part or the Interstate System.” Sec. 125. urban area traffic operations improvement programs Subsection (b) of section 135 of title 23, United States Ante, p. 1718. Code, is amended by striking out “, if such project” and all that follows down through and including the period at the end of such subsection and inserting in lieu thereof a period and the following: “If such project is located in an urban area of more than fifty thousand population, such project shall be based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.” Post, p. 1737. Sec. 126. authority for demonstration projects Subsection (c) (3) of section 307 of title 23, United States Code, is amended by striking out the period at the end thereof and 76 Stat. 1148. inserting in lieu thereof a comma and the following: “including demonstration projects in connection with such purposes.” Sec. 127. economic growth center development highways (a) Chapter 1 of title 23, United States Code, is further amended by adding after section 142 thereof a new section as Ante, p. 1719. follows: “§ 143. Economic growth center development highways “(a) In order to demonstrate the role that highways can play to Demonstration projects. promote the desirable development of the Nation’s natural resources, to revitalize and diversify the economy of rural areas and smaller communities, to enhance and disperse industrial growth, to encourage more balanced population patterns, to check, and, where possible, to reverse current migratory trends from rural areas and smaller communities, and to improve living conditions and the quality of the environment, the Secretary is authorized to make grants to States for demonstration projects for the construction, reconstruction, and improvement of development highways on the Federal-aid primary system to serve and promote the development of economic growth centers and surrounding areas, encourage the location of business and industry in rural areas, facilitate the mobility of labor in sparsely populated areas, and provide rural citizens with improved highways to such public and private services as health care, recreation, employment, education, and cultural activities, or otherwise encourage the social and economic development of rural communities, and for planning, surveys, and investigations in connection therewith. “(b) Each Governor may transmit to the Secretary his recommendations for (1) the selection of economic growth centers within the State, (2) priorities for the construction of development highways on the Federal-aid primary system to serve such centers, and (3) such other information as may be required by the Secretary, for his consideration in approving the selection of economic growth centers for demonstration projects. “(c) Upon the application of the State highway department of any State in which an economic growth center approved by the Secretary as eligible for a demonstration project is located, the Secretary is authorized to pay up to 100 per centum of the cost of engineering and economic surveys or other investigations necessary for the planning and design of development highways on the Federal-aid primary system needed to provide appropriate access to such growth center, including publicly owned airport facilities and public ports for water transportation which may be established to serve it, in order to carry out the purposes of this section. “(d) Except as otherwise provided in this section, all of the provisions of this title applicable to Federal-aid primary highways except, those which the Secretary determines are inconsistent with this section shall apply to development highways and to funds authorized to carry out this section. For the purposes of sections 105, 106, Ante, p. 1717; Post, pp. 1732, 1737. Prohibition. and 118 of this title, funds authorized to carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. No State shall receive in any fiscal year more than 15 per centum of the funds authorized to carry out this section for such fiscal year. “(e) The Federal share of the cost of any project for construction, reconstruction, or improvement of a development highway under this section shall be increased by not to exceed an additional 20 per centum of the cost of such project, except that in no case shall the Federal share exceed 95 per centum of the cost of such project. “(f) (1) Except in the case of a project subject to paragraph (2) of this subsection, no project shall be approved by the Secretary under this section until he has determined that such project will promote the aims and purposes set forth in subsection (a) of this section and that the economic growth center to be benefited will meet such criteria as he, after consultation with the Secretary of Commerce, deems necessary, including, but not limited to, the following: (1) growth centers shall be geographically and economically capable of contributing significantly to the development of the area, and (2) growth centers shall have a population not in excess of one hundred thousand according to the latest available Federal census. In approving projects the Secretary shall give preference to those areas offering the most potential for future economic growth. “(2) In the case of a project proposed to be conducted within the Appalachian region as defined in section 403 of the Appalachian Regional Development Act of 1965, no project shall be approved by the Secretary under this section until he shall have consulted with the Federal Cochairman of the Appalachian Regional Commission. In the case of a project proposed to be conducted within an economic development region as defined in title V of the Public Works and 79 Stat. 564; 83 Stat. 218. 42 USC 3181. Economic Development Act of 1965, no project shall be approved by the Secretary under this section until he shall have consulted with the Federal Cochairman for such region and the Secretary of Com-merce. In consultation with the appropriate official, the Secretary Selection for assistance, criteria. shall establish criteria for the selection of growth centers eligible for assistance under this section such that the aims and purposes set forth in subsection (a) of this section will be promoted. Such criteria shall include, but not be limited to, the, following: (1) growth centers shall be geographically and economically capable of contributing significantly to the development of the area, (2) growth centers shall have a population not in excess of one hundred thousand persons according to the latest available Federal census, and (3) the selection of such growth centers within the Appalachian region and the economic development regions shall take into account the purposes of the Appalachian Regional Development Act of 1965 and the Public Works and 79 Stat. 5. 40 USC app. 1. 79 Stat. 552. 42 USC 3121 note. Economic Development Act of 1965. In approving projects the Secretary shall give preference to those areas offering the most potential for future economic growth and he shall make arrangements for close coordination throughout the development and implementation of the project with the Federal Cochairman of the Appalachian Regional Commission, or with the appropriate Federal Cochairman of an economic development region, and the Secretary of Commerce, as the case may be. “(g) There is authorized to be appropriated out of the Highway Appropriation. Trust Fund not to exceed $50,000,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “143. Economic growth center development highways.” Sec. 128. federal share of engineering costs Section 120 of title 23, United States Code, is amended 72 Stat. 899; 73 Stat. 145. by adding at the end thereof the following new subsection: “(h) At the request of any State, the Secretary may from time to time enter into agreements with such State to reimburse the State for the Federal share of the costs of preliminary and construction engineering at an agreed percentage of actual construction costs for each project, in lieu of the actual engineering costs for such project. The Annual review. Secretary shall annually review each such agreement to insure that such percentage reasonably represents the engineering costs actually incurred by such State.” Sec. 129. district of columbia (a) In the case of the following routes on the Interstate Report to Congress. System in the District of Columbia authorized for construction by section 23 of the Federal-aid Highway Act of 1968, the government 82 Stat. 827. D.C. Code 7–135 and note. of the District of Columbia and the Secretary of Transportation shall restudy such projects and report to Congress not later than 12 months after the date of enactment of this subsection their recommendations with respect to such projects, including any alternative routes or plans: (1) East Leg of the Inner Loop, beginning at Bladensburg Road, I–295 (section C4.1 to C6), (2) North Central and Northeast Freeways, I–95 (section C7 to C13) and I–70S (section C1 to C2). (b) The government of the District of Columbia and the Secretary of Transportation shall study the project for the North Leg of the Inner Loop from point A3.3 on I–66 to point C7 on I–95, as designated in the “1968 Estimate of the Cost of Completion of the National System of Interstate and Defense Highways in the District of Columbia”, and shall report to Congress not later than 12 months after the date of enactment of this subsection their recommendations with respect to such project including any recommended alternative routes or plans. Sec. 130. indian reservation roads and bridges The definition of the term “Indian reservation roads and bridges” Ante, p. 1716. in section 101(a) of title 23, United States Code, is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government on which Indians reside whom the Secretary of the Interior has determined to be eligible for services generally available to Indians under Federal laws specifically applicable to Indians.” Sec. 131. richmond-petersburg turnpike The Secretary of Transportation is authorized to amend any agreement heretofore entered into under the provisions of section 72 Stat. 902. 129(d) of title 23, United States Code, in order to permit the continuation of tolls on the existing Richmond-Petersburg Turnpike to finance the construction within the existing termini of such turnpike of two lanes thereon in addition to the lanes in existence on the date of enactment of this section necessary to meet traffic and highway safety requirements. Any amended agreement entered into for such purposes shall provide assurances that the existing turnpike (including the additional lanes) shall become free to the public upon the collection of tolls sufficient to liquidate all construction costs, and the costs of maintenance, operation, and debt service during the period of toll collections to liquidate such construction costs, but in no event shall tolls be collected after date of maturity of those bonds outstanding on the date of enactment of this section issued for construction of such turnpike having the latest maturity date. Sec. 132. airport and waterport access Section 105 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(g) In preparing programs to submit in accordance with subsection (a) of this section, the State highway departments shall give consideration to projects providing direct and convenient public access to public airports and public ports for water transportation, and in approving such programs the Secretary shall give consideration to such projects.” Sec. 133. federal participation in the improvement of toll roads Section 129 of title 23, United States Code, is amended by redesignating subsection (e) as subsection (f), including any reference thereto, and by inserting immediately before such redesignated subsection (f) the following: “(e) Notwithstanding the provisions of subsection (b) of this 82 Stat. 829. section, the Secretary may permit Federal participation in the reconstruction and improvement of any toll road providing for only two lanes of traffic, which is designated part of the Interstate System on the date of enactment of this subsection as he may find necessary to bring such two lane toll road to the geometric and construction standards for the Interstate System in order to provide for the safe use of such highway as part of the Interstate System and to facilitate the removal of tolls therefrom. Federal participation in such reconstruction and improvement shall be on the same basis and in the same manner as in the construction of free Interstate System highways under this chapter. No Federal participation shall be permitted Exception. pursuant to this subsection except on two lane toll roads which were designated as a part of the Interstate System on or before June 30, 1968. Before Federal participation under this subsection, the State highway department and the toll road authority involved shall enter into an agreement with the Secretary which shall provide that— “(1) no indebtedness which is to be liquidated by the collection of tolls (in addition to indebtedness in existence on date of enactment in this subsection) shall be incurred after the date of enactment of this subsection; “(2) all tolls received from the operation of the toll road, less the actual cost of such operation and maintenance, shall be applied to the repayment of only those bonds outstanding on the date of enactment of this subsection constituting a valid lien against such toll road and its maintenance and operation and debt service during the period of toll collection; “(3) the toll road shall become free to the public upon collection of tolls sufficient to liquidate all such bonds.” Sec. 134. fringe and corridor parking facilities (a) Section 137 of title 23, United States Code, is amended 80 Stat. 768. to read as follows: “§ 137. Fringe and corridor parking facilities “(a) The Secretary may approve as a project on the Federal-aid urban system the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public, transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility). “(b) The Secretary shall not approve any project under this section Approval, conditions. until— “(1) he has determined that the State, or the political subdivision thereof, where such project, is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility: “(2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and “(3) he has approved design standards for constructing such facility developed in cooperation with the State highway department. “(c) The term ‘parking facilities’ for purposes of this section shall “Parking facilities.” include access roads, buildings, structures, equipment, improvements, and interests in lands. “(d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate, any parking facility constructed under this section, or (2) any such person from so operating such facility. “(e) The Secretary shall not approve any project under this section unless he determines that it. is based on a continuing comprehensive transportation planning process carried on in accordance with section Post, pp. 1737, 1738. 134 of this title.” (b) The analysis of chapter 1 of such title is amended by striking out the matter relating to section 137 and inserting in lieu thereof the following: “137. Fringe and corridor parking facilities.” (c) Section 11 of the Federal-Aid Highway Act of 1968 is hereby repealed. Sec. 135. public hearings (a) Subsection (a) of section 128 of title 23, United States 72 Stat. 902; 82 Stat. 828. Code, is amended by adding at the end thereof the following new sentence: “Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental, and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.” (b) Subsection (b) of such section 128 is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “and report.” Sec. 136. economic, social, environmental, and other impact (a) Section 109(g) of title 23, United States Code, is amended to read as follows: “(g) The Secretary shall issue within 30 days after the day of enactment of the Federal-Aid Highway Rct of 1970 guidelines for minimizing possible soil erosion from highway construction. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines.” (b) Such section 109 is further amended by adding at the end thereof the following: “(h) Not later than July 1, 1972, the Secretary, after consultation with appropriate Federal and State officials, shall submit to Congress, and not later than 90 days after such submission, promulgate guidelines designed to assure that possible adverse economic, social, and environmental effects relating to any proposed project on any Federal-aid system have been fully considered in developing such project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe and efficient transportation, public services, and the costs of eliminating or minimizing such adverse effects and the following: “(1) air, noise, and water pollution; “(2) destruction or disruption of manmade and natural resources, aesthetic values, community cohesion and the availability of public facilities and services; “(3) adverse employment effects, and tax and property value losses; “(4) injurious displacement of people, businesses and farms; and “(5) disruption of desirable community and regional growth. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines. “(i) The Secretary, after consultation with appropriate Federal, Noise level standards. State, and local officials, shall develop and promulgate standards for highway noise levels compatible with different land uses and after July 1, 1972, shall not approve plans and specifications for any proposed project on any Federal-aid system for which location approval has not yet been secured unless he determines that such plans and specifications include adequate measures to implement the appropriate noise level standards. “(j) The Secretary, after consultation with the Administrator of Air quality standards. the Environmental Protection Agency, shall develop and promulgate guidelines to assure that highways constructed pursuant to this title are consistent with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended.” 81 Stat. 485. 42 USC 1857 note. 72 Stat. 913. (c) Subsection (b) of section 307 of title 23, United States Code, is amended by adding the following sentence: “The highway research program herein authorized shall also include studies to identify and measure, quantitatively and qualitatively, those factors which relate to economic, social, environmental, and other impacts of highway projects.” Sec. 137. interest payments for replacement housing Section 506 of title 23, United States Code is amended by 82 Stat. 832; Post, p. 1903. redesignating subsection (b) as subsection (c) and inserting a new subsection (b) as follows: “(b) (1) in addition to the amounts otherwise authorized by this title, the State agency shall make an interest payment to compensate such owner for any increased rate of interest which such owner is required to pay for financing such replacement dwelling. “(2) This interest payment shall be computed and allowed only if there was an existing mortgage against the dwelling transferred to the State and such mortgage was a valid lieu on said premises for at least one year prior to the institution of negotiations for the acquisition of such property, and if the mortgage for the replacement dwelling bears a higher rate of interest than the interest rate on the mortgage of the transferred dwelling; but, in no event shall such interest on Limitation. the replacement dwelling be greater than the maximum interest allowable under State law. “(3) The value of the interest payment shall be the difference in the interest rate existing on the balance of any mortgage on a transferred dwelling and the interest rate on the mortgage of the replacement dwelling for the remainder of the term of any such mortgage on such transferred dwelling reduced to discounted present value. “(4) The discount rate as above provided shall be the maximum rate of interest permitted to be paid on savings deposits by any savings bank within the State pursuant to the rides and regulations of the Federal Deposit Insurance Corporation.” Sec. 138. alaskan assistance (a) Subsection (b) of section 7 of the Federal Aid Highway Act of 1966 is amended to read as follows: 80 Stat. 768. “(b) There is hereby authorized to be appropriated for construction Appropriation. of Federal-aid highways of the State of Alaska, out of the High-way Trust Fund and in addition to funds otherwise made available 72 Stat. 885. 23 USC 101. to the State of Alaska under title 23, United States Code, $20,000,000 for each of the fiscal years ending June 30, 1972 and June 30, 1973.” (b) Any right-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures reserved by section 321(d) 73 Stat. 146. of title 48, United States Code (61 Stat. 418, 1947), not utilized by the United States or by the State or territory of Alaska prior to the date of enactment hereof, shall be and hereby is vacated and relinquished by the United States to the end and intent that such reservation shall merge with the fee and be forever extinguished. Sec. 139. ferry boats Section 129 of title 23, United States Code, is amended by adding at the end thereof the following: “(f) Notwithstanding section 301 of this title, the Secretary may permit Federal participation under this title in the construction of ferry boats, whether toll or free, subject to the following conditions: “(1) It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry. “(2) The operation of the ferry shall be on a route which has 72 Stat. 887. been approved under section 103 (b) or (c) of this title as a part of one of the Federal-aid systems within the State and has not been designated as a route on the Interstate System. “(3) Such ferry shall be publicly owned and operated. “(4) The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance, and repair. “(5) Such ferry shall be operated only within the State or between adjoining States, and no part of its operation shall be in any foreign or international waters. “(6) No such ferry shall be sold, leased, or otherwise disposed of without the approval of the Secretary. The Federal share of any proceeds from such a disposition shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last, apportioned to such State. Any amount so credited shall be in addition to all other funds then apportioned to such State and available for expenditure in accordance with the provisions of this title.” Sec. 140. future additions to interstate system The existing language of section 139 of title 23, United 82 Stat. 823. States Code, shall be designated as subsection (a) and a new subsection (b) added as follows: “(b) Whenever the Secretary determines that a highway on the Federal-aid primary system would be a logical addition or connection to the Interstate System and would qualify for designation as a route on that system in the same manner as set forth in paragraph 1 of Ante, p. 1717. subsection (d) of section 103 of this title, he may upon the affirmative recommendation of the State or States involved designate such highway as a future part of the Interstate System. Such designation shall be made only upon the written agreement of the State or States involved that such highway will be constructed to meet all the standards of a highway on the Interstate System within twelve years of the date of the agreement between the Secretary and the State or States involved. The mileage of any highway designated as a future part of the Interstate System under this subsection shall not be charged against the limitations established by the first sentence of section 103(d) of this title. The designation of a highway as a future part of Ante, p. 1717. the Interstate System under this subsection shall create no Federal financial responsibility with respect to such highway except that Federal-aid highway funds otherwise available to the State or States involved for the construction of Federal-aid primary system highways may be used for the reconstruction of a highway designated as a route on the Interstate System under this subsection. In the event that the State or States involved have not substantially completed the construction of any highway designated under this subsection within the time provided for in the agreement between the Secretary and State or States involved, the Secretary shall remove the designation of such highway as a future part of the Interstate System. Removal of such designation as result of failure to comply with the agreement provided for in this subsection shall in no way prohibit the Secretary from designating such route as part of the Interstate System pursuant to subsection (a) of this section or under 82 Stat. 823. 23 USC 139. any other provision of law providing for addition to the Interstate System. No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision thereof, shall refer to any highway under this section, nor shall any such highway be signed or marked, as a highway on the Interstate System until such time as such highway is constructed to the geometric and construction standards for the Interstate System and has been designated as a part of the Interstate System.” Sec 141. definitions Section 101(a) of title 23, United States Code, is amended Ante, p. 1716. as follows: (1) The definition of the term “forest highway” is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and which is on a Federal-aid system.” (2) The definition of the term “public lands highways” is amended by striking out “means” and inserting in lieu thereof “means those” and by striking out the period at the end of such definition and inserting in lieu thereof a comma and the following: “which are on the Federal-aid systems.” Sec. 142. cost reduction Section 106 of title 23, United States Code, is amended 72 Stat. 892; 77 Stat. 278; Ante, p. 1717. by adding at the end thereof the following new subsection: “(d) In such cases as the Secretary determines advisable, plans, specifications, and estimates for proposed projects on any Federal-aid system shall be accompanied by a value engineering or other cost reduction analysis.” Sec. 143. urban transportation planning (a) Section 134 of title 23, United States Code, is 76 Stat. 1148. amended by inserting “(a)” at the beginning of the first paragraph thereof and by adding at the end thereof the following: “No highway project may be constructed in any urban area of fifty thousand population or more unless the responsible public officials of such urban area in which the project is located have been consulted and their views considered with respect to the corridor, the location and the design of the project.” (b) Section 134 of title 23, United States Code, is further amended by adding at the end thereof a new subsection as follows: “(b) The Secretary may define those contiguous interstate areas of the Nation in which the movement of persons and goods between principal metropolitan areas, cities, and industrial centers has reached, or is expected to reach, a critical volume in relation to the capacity of existing and planned transportation systems to efficiently accommodate present transportation demands and future growth. After consultation with the Governors and responsible local officials of affected States, the Secretary may by regulation designate, for administrative and planning purposes, as a critical transportation region or a critical transportation corridor each of those areas which he determines most urgently require the accelerated development of transportation systems embracing various modes of transport, in accordance with purposes of this section. The Secretary shall immediately notify such Governors and local officials of such designation. The Secretary may, after consultation with the Governors and responsible local officials of the affected States, provide by regulation for the establishment of planning bodies to assist in the development of coordinated transportation planning, including highway planning, to meet the needs of such regions or corridors, composed of representatives of the affected States and metropolitan areas, and may provide assistance Appropriation. including financial assistance to such bodies. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $500,000 to carry out this subsection.” Sec. 144. study of relationship of highway construction to public transportation services The Secretary is authorized and directed to undertake a study and analysis of the use of existing highway facilities for highway public transportation service, the need for additional highway facilities or the adjustment of existing facilities to accommodate such service, and the appropriate funding of such additional highway facilities and to report to the Congress his findings and recommendations not later than January 1, 1972. Sec. 145. saint clair river bridge The amount of Federal Aid Highway funds paid to the State of Michigan for the construction of the bridge and approaches thereto over the Saint Clair River at Port Huron, Michigan, shall, prior to the collection of any tolls thereon be repaid to the Treasurer of the United States. The amount to be repaid shall be deposited to the credit of the. appropriation for “Federal Aid Highways (Trust Fund)”. Such repayment shall be credited to the unprogrammed balance of Federal Aid Highway funds of the same class last apportioned to the State of Michigan. The amount so credited shall be in addition to all other funds then apportioned to said State and shall be available for expenditure in accordance with the provisions of title 23, 72 Stat. 885. 23 USC 101. United States Code, as amended. (2) Upon the repayment by the State of Michigan of the Federal-Aid Highway funds received for such bridge project, the bridge and its approaches shall be free of all restrictions with respect to the imposition and collection of tolls or other charges thereon or for the use thereof, contained in (A) title 23, United States Code, or in any regulation or agreement thereunder, and (B) subsection (d) of section 17 of the Act entitled “An Act to authorize the construction of certain bridges and to extend the times for commencing and/or completing the construction of other bridges over the navigable waters of the United States, and for other purposes”, approved August 30, 1935, as amended (49 Stat. 1051), or in any regulation or agreement, thereunder. 49 Stat. 1068. Tolls or charges imposed and collected on such bridge or for the use thereof shall not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. Sec. 146. baltimore-washington parkway (a) There is authorized to be appropriated to the Secretary Appropriation. of Transportation, out of the Highway Trust Fluid, not. to exceed $65,000,000 for reconstructing to six lanes the section of the Baltimore-Washington Parkway in the State of Maryland under the jurisdiction of the Secretary of the Interior to the geometric and construction standards for the National System of Interstate and Defense Highways. (b) No funds authorized by this section shall be expended until the Secretary of Transportation, the Secretary of the Interior, and the State highway department of the State of Maryland shall enter into an agreement that— (1) upon completion of reconstruction the Secretary of the Interior will convey without monetary consideration such section of such parkway to the State of Maryland, and (2) the State of Maryland shall put such section of the Parkway on the Federal-aid primary system prior to expenditure of funds authorized by this section, and for such purpose the mileage limitation on such system in such State imposed by section 103(b) of title 23, United States Code, is hereby waived, and such State 72 Stat. 887. shall thereafter retain such section on such system. Sec. 147. The amendments made by sections 117, 120, and 137 of this Act. shall not take effect if before the effective date of this Act the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 has been enacted into law. Post, p. 1894.

8. 1972

   International Bridge Act of 1972

   Pub. L. 92–434 § 7 · 86 Stat. 731

   Substituted · 23 U.S.C. § 129(a)(3)

   Pub. L. 92–434 substituted “or” for “and” making text read “maintained or operated”, and required domestic and foreign tolls for international bridges, and that the tolls be limited to amount necessary for maintenance, repair, and operation thereof

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 92–434 substituted “or” for “and” making text read “maintained or operated”, and required domestic and foreign tolls for international bridges, and that the tolls be limited to amount necessary for maintenance, repair, and operation thereof.

   Enacted provision · exact public law section
   Sec. 7. Paragraph (3) of subsection (a) of section 129 of title 23, United States Code, is amended to read as follows: (3) after the date of final repayment, the bridge or tunnel shall be maintained or operated as a free bridge or free tunnel; except in the case of a bridge which connects the United States with any foreign country: Provided, That such tolls or charges do not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management: And further provided, That the entity or governmental instrumentality responsible for the operation of the portion of the bridge within the jurisdiction of the foreign country is charging tolls for the use of the bridge.”.

9. 1973

   Federal-Aid Highway Act of 1973

   Pub. L. 93–87 § 118(a) · 87 Stat. 250

   Inserted · 23 U.S.C. § 129(b)

   Pub. L. 93–87, § 118(a), inserted third sentence providing that when any toll road which the Secretary has approved as a part of the Interstate System is made a toll-free facility, Federal-aid highway funds apportioned under section 104(b)(5) of this title may be expended for the construction, reconstruction, or improvement of that road to meet the standards adopted for the improvement of projects located on the Interstate System

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–87, § 118(a), inserted third sentence providing that when any toll road which the Secretary has approved as a part of the Interstate System is made a toll-free facility, Federal-aid highway funds apportioned under section 104(b)(5) of this title may be expended for the construction, reconstruction, or improvement of that road to meet the standards adopted for the improvement of projects located on the Interstate System.

   Enacted provision · exact public law section
   (a) After the second sentence of section 129(b) of title 23, United States Code, insert the following: “When any such toll road 72 Stat. 902; 82 Stat. 829. which the Secretary has approved as a part of the Interstate System is made a toll-free facility, Federal-aid highway funds apportioned under section 104(b) (5) of this title may tie expended for the construction, Ante, p. 254. reconstruction, or improvement of that road to meet the standards adopted for the improvement of projects located on the Interstate System.”

10. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 118(b) · 87 Stat. 250

    Substituted · 23 U.S.C. § 129(e)

    Pub. L. 93–87, § 118(b), struck from first sentence “on the date of enactment of this subsection” before “as he may find necessary” and substituted in third sentence “1973” for “1968”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 93–87, § 118(b), struck from first sentence “on the date of enactment of this subsection” before “as he may find necessary” and substituted in third sentence “1973” for “1968”.

    Enacted provision · exact public law section
    (b) The first sentence of subsection (e) of section 129, title 23. United States Code, is amended by striking out “on the date of enactment 84 Stat. 1732. of this subsection”. The third sentence of subsection (e) of section 129 of title 23, United States Code, is amended by striking out “1968” and inserting in lieu thereof “1973”.

11. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 139 · 87 Stat. 250

    1. Redesignated · 23 U.S.C. § 129(f); 23 U.S.C. § 129(g)

       Pub. L. 93–87, § 139, redesignated the second subsec. (f) as (g) and in par. (5) substituted “may be operated” for “shall be operated”

    2. Inserted · 23 U.S.C. § 129(f); 23 U.S.C. § 129(g)

       Pub. L. 93–87, § 139, inserted “(including the islands which comprise the State of Hawaii)” after “within the State”, and excepted operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska from the prohibition against ferry operations in foreign or international waters

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 93–87, § 139, redesignated the second subsec. (f) as (g) and in par. (5) substituted “may be operated” for “shall be operated”, inserted “(including the islands which comprise the State of Hawaii)” after “within the State”, and excepted operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska from the prohibition against ferry operations in foreign or international waters.

    Enacted provision · exact public law section
    Sec. 139. ferry operations (a) The last subsection of section 129 of title 23, United 84 Stat. 1736. States Code, is hereby redesignated as subsection (g). (b) Paragraph (5) of subsection (g) of section 129 of title 23, United States Code, as redesignated in subsection (a) of this section, Ante, p. 270. is amended to read as follows: “(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii) or between adjoining States. Except with respect to operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska, no part, of such a ferry operation shall be in any foreign or international waters.”

12. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 132 · 87 Stat. 250

    Added · 23 U.S.C. § 129(h)

    Pub. L. 93–87, § 132, added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 93–87, § 132, added subsec. (h).

    Enacted provision · exact public law section
    Sec. 132. freeing interstate toll bridges Section 129, title 23, United States Code, as amended by section 139 of this Act, is amended by adding at the end thereof the Post, p. 270. following new subsection: “(h) Notwithstanding the provisions of section 301 of this title, in 72 Stat. 912. 23 USC 301. the case of each State which, before January 1, 1975, shall have constructed or acquired any interstate toll bridge (including approaches thereto), which before January 1, 1975, caused such toll bridge to be made free, which bridge is owned and maintained by such State or by a political subdivision thereof, and which bridge is on the Federal-aid primary system (other than the Interstate System), sums apportioned to such State in accordance with paragraphs (1) and (3) of subsection (b) of section 104 of this title shall be available to pay Ante, p. 256; 77 Stat. 276. the Federal share of a project under this subsection of (1) such amount as the Secretary determines to be the reasonable value of such bridge after deducting therefrom that portion of such value attributable to any grant or contribution previously paid by the United States in connection with the construction or acquisition of such bridge, and exclusive of rights-of-way, or (2) the amount by which the principal amount of the outstanding unpaid bonds or other obligations created and issued for the construction or acquisition of such bridge exceeds the amount of any funds accumulated or provided for their amortization, on the date such bridge is made free, whichever is the lesser amount.”

13. 1975

    Federal-Aid Highway Amendments of 1974

    Pub. L. 93–643 § 108 · 88 Stat. 2281

    Substituted · 23 U.S.C. § 129(g)(5)

    Pub. L. 93–643 substituted “operations between the islands which comprise the State of Hawaii and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada” for “operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska”

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 93–643 substituted “operations between the islands which comprise the State of Hawaii and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada” for “operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska”.

    Enacted provision · exact public law section
    Sec. 108. alaska ferry operations Paragraph (5) of subsection (g) of section 129 of title 23, United States Code, is amended to read as follows: “(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii) or between adjoining States. Except with respect to operations between the islands which comprise the State of Hawaii and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada, no part of such ferry operation shall be in any foreign or international waters.”.

14. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 title I § 121 · 90 Stat. 425

    Changed · 23 U.S.C. § 129(g)(5)

    Pub. L. 94–280 authorized ferry operations within the islands which comprise the Commonwealth of Puerto Rico and excepted ferry operations between the islands which comprise the Commonwealth of Puerto Rico from the prohibition of ferry operations in foreign or international waters

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 94–280 authorized ferry operations within the islands which comprise the Commonwealth of Puerto Rico and excepted ferry operations between the islands which comprise the Commonwealth of Puerto Rico from the prohibition of ferry operations in foreign or international waters.

    Enacted provision · exact public law section
    Sec. 121. ferry operations The first sentence of paragraph (5) of subsection (g) of section 129 of title 23, United States Code, is amended by inserting after “Hawaii” the following: “and the islands which comprise the Commonwealth of Puerto Rico”. The second sentence of such paragraph (5) is amended by inserting after “Hawaii” the following: “and operations between the islands which comprise the Commonwealth of Puerto Rico”.

15. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 120 · 92 Stat. 2689

    Added · 23 U.S.C. § 129(i)

    Pub. L. 95–599 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 95–599 added subsec. (i).

    Enacted provision · exact public law section
    Sec. 120. toll bridges study Section 129 of title 23, United States Code, is amended Federal funding. by adding a new subsection (i) as follows: “(i) Notwithstanding section 301 of this title, the Secretary may 23 USC 301. permit Federal participation, through funds for any Federal-aid system other than the Interstate System, in any engineering and fiscal assessments, traffic analyses, network studies, preliminary modification planning, and any other study necessary to determine whether a privately owned toll bridge should be acquired by a state or political subdivision thereof.”

16. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 120(a) · 101 Stat. 132

    Added · 23 U.S.C. § 129(j)

    Pub. L. 100–17, § 120(a), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 100–17, § 120(a), added subsec. (j).

    Enacted provision · exact public law section
    (a) Pilot Program.— Section 129 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(j) Pilot Program.— “(1) Authorization for federal participation.— Subject to the provisions of this subsection, the Secretary shall establish a pilot program which permits Federal participation in 7 toll facilities on the same basis and in the same manner as in the construction of free highways under this chapter. “(2) Limitation on types of facilities.— The Secretary may only permit Federal participation under this subsection in the following type of facilities: “(A) The construction of a new toll highway, bridge, or Bridges. tunnel (other than a highway on the Interstate System). “(B) The reconstruction of an existing highway, bridge, or tunnel to expand its capacity (other than a highway, bridge, or tunnel on the Interstate System). “(3) Limitation on number of facilities.— The Secretary California. Texas. Pennsylvania. Florida. South Carolina. may only permit Federal participation under this subsection in 7 facilities. One of such facilities shall be carried out in each of the following: Orange County, California, the State of Texas, the State of Pennsylvania, the State of Florida, and the State of South Carolina. The locations of the other 2 facilities shall be at the discretion of the Secretary; except that not more than 2 facilities carried out under this subsection may be located in a State. The Governor of the State of Pennsylvania shall select the facility to be carried out in such State. “(4) Limitation on federal share.— Notwithstanding any other provision of law, the Federal share payable for the construction or reconstruction of a toll highway, bridge, or tunnel under this subsection shall not exceed 35 percent. “(5) Public ownership requirement.— Each highway, bridge, tunnel, or approach thereto under this subsection must be publicly owned and operated; except that, under this subsection, Federal funds may participate in the approaches to a toll highway, toll bridge, or toll tunnel whether the highway, bridge, or tunnel is to be or has been constructed by a State or other public authority. “(6) Limitations on use of revenues.— Before the Secretary may permit Federal participation under this subsection in a State, the State highway department must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the tolled facility constructed or reconstructed under this subsection will be used only on the tolled facility, and only for construction or reconstruction costs, or for the costs necessary for the proper operation, maintenance, and debt service of the tolled facility, including resurfacing, reconstruction, rehabilitation, and restoration. “(7) Limitation on federal participation to original construction.— Except for reconstruction to expand capacity, toll facilities may receive Federal participation under this chapter only once for the original construction or reconstruction of the facility. “(8) Effect on apportionment.— Toll mileage constructed or reconstructed under this subsection shall not be used to increase a State’s apportionment under any apportionment formula. “(9) New toll highway defined.— For purposes of this subsection, the term ‘new toll highway, bridge, or tunnel’ shall mean initial construction of a highway, bridge, or tunnel on a new location at any time before it is open to traffic and shall not include any improvements to a toll highway, bridge, or tunnel after it is open to traffic.”.

17. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 120(b) · 101 Stat. 132

    Added · 23 U.S.C. § 129(k)

    Pub. L. 100–17, § 120(b), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 100–17, § 120(b), added subsec. (k).

    Enacted provision · exact public law section
    (b) Biennial Certification.— Such section 129 is amended by adding at the end the following new subsection: “(k) Biennial Certification.— “(1) To governor.— Each operator of toll roads, toll tunnels, toll ferries, and toll bridges (other than an international toll facility or toll facility subject to an agreement under this section or Ante, p. 154. section 119(e) of this title) on a Federal-aid system in a State shall biennially certify to the Governor of the State that such facilities are adequately maintained and that the operator of such toll facility has the ability to fund the replacement or repair of any such facilities that are not adequately maintained without using Federal-aid highway funds. Failure to certify shall preclude Federal funding out of the Highway Trust Fund of any facilities owned or operated by the operator of such toll facility. “(2) Report to secretary.— The Governor of each State shall report biennially to the Secretary on the toll facilities subject to paragraph (1) of this subsection with respect to which a certification has been made in accordance with paragraph (1) and those with respect to which such a certification has not been made. If funds from the Highway Trust Fund are used to repair or replace toll facilities with respect to which such a certification has or has not been made, the apportionments to such State for the following fiscal year under section 104 of this title 23 USC 104. shall be reduced by the amount of Highway Trust Fund moneys expended on such facilities; except that such reduction shall not be made if the State has executed under this section or section 119(e) of this title an agreement with the Secretary covering Ante, p. 154. such toll facilities.”.

18. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101 · 101 Stat. 1329

    1. Substituted · 23 U.S.C. § 129(j)(1)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(1)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (1) by substituting “(9)” for “(9)” as the probable intent of Congress

    2. Substituted · 23 U.S.C. § 129(j)(1)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(1)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (1) by substituting “9” for “7” as the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 100–202, § 101(l) [title III, § 347(d)(1)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (1) by substituting “(9)” for “(9)” was executed by substituting “9” for “7” as the probable intent of Congress.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

19. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101 · 101 Stat. 1329

    1. Substituted · 23 U.S.C. § 129(j)(3)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(A)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (3) by substituting “(9)” for “(7)” as the probable intent of Congress

    2. Substituted · 23 U.S.C. § 129(j)(3)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(A)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (3) by substituting “9” for “7” as the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(A)], as amended by Pub. L. 100–457, § 335, which directed the amendment of par. (3) by substituting “(9)” for “(7)” was executed by substituting “9” for “7” as the probable intent of Congress.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

20. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101 · 101 Stat. 1329

    1. Amended · 23 U.S.C. § 129(j)(3)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(B)–(D)], as amended by Pub. L. 100–457, § 335

    2. Substituted · 23 U.S.C. § 129(j)(3)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(B)–(D)], as substituted “States of Pennsylvania and West Virginia” for “State of Pennsylvania” in two places

    3. Inserted · 23 U.S.C. § 129(j)(3)

       Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(B)–(D)], as inserted “States of Georgia and West Virginia,” and “The toll facility in Orange County, California, may be located in more than 1 highway corridor to relieve congestion on existing interstate routes in such County.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–202, § 101(l) [title III, § 347(d)(2)(B)–(D)], as amended by Pub. L. 100–457, § 335, substituted “States of Pennsylvania and West Virginia” for “State of Pennsylvania” in two places and inserted “States of Georgia and West Virginia,” and “The toll facility in Orange County, California, may be located in more than 1 highway corridor to relieve congestion on existing interstate routes in such County.”

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

21. 1988

    Department of Transportation and Related Agencies Appropriations Act, 1989

    Pub. L. 100–457 § 335 · 102 Stat. 2125

    Amended · 23 U.S.C. § 129(j)(1); 23 U.S.C. § 129(j)(3)

    Pub. L. 100–457, § 335, amended Pub. L. 100–202, § 101(l) [title III, § 347(d)(1), (2)(A), (C)], see 1987 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (j)(1), (3). Pub. L. 100–457, § 335, amended Pub. L. 100–202, § 101(l) [title III, § 347(d)(1), (2)(A), (C)], see 1987 Amendment note below.

    Enacted provision · exact public law section
    Sec. 335. Section 347(d) of Public Law 100–202 is amended by Georgia. West Virginia. 23 USC 129. striking out “(8)” each place it appears and inserting in lieu thereof “(9)” and by striking out “State of Georgia” and inserting in lieu thereof “States of Georgia and West Virginia”.

22. 1988

    Department of Transportation and Related Agencies Appropriations Act, 1989

    Pub. L. 100–457 § 326(1) · 102 Stat. 2125

    Inserted · 23 U.S.C. § 129(j)(6)

    Pub. L. 100–457, § 326(1), inserted “(and, in the case of the State of Texas, the Texas Turnpike Authority)” after “State highway department”

    Source evidence

    Code amendment note
    Subsec. (j)(6). Pub. L. 100–457, § 326(1), inserted “(and, in the case of the State of Texas, the Texas Turnpike Authority)” after “State highway department”.

    Enacted provision · exact public law section
    (1) in paragraph (6) by inserting “(and, in the case of the State of Texas, the Texas Turnpike Authority)” after “State highway department”; and

23. 1988

    Department of Transportation and Related Agencies Appropriations Act, 1989

    Pub. L. 100–457 § 326(2) · 102 Stat. 2125

    Added · 23 U.S.C. § 129(j)(10)

    Pub. L. 100–457, § 326(2), added par. (10)

    Source evidence

    Code amendment note
    Subsec. (j)(10). Pub. L. 100–457, § 326(2), added par. (10).

    Enacted provision · exact public law section
    (2) by adding at the end of such section the following new paragraph: “(10) Special rule for funding of texas project.— Upon request of the Texas Department of Highways and Public Transportation and subject to such terms and conditions as such Department and the Texas Turnpike Authority may agree, the Secretary shall reimburse the Texas Turnpike Authority for the Federal share of the costs of construction of the project carried out in the State of Texas under this subsection in the same manner and to the same extent as such Department would be reimbursed if such project was being carried out by such Department. The reimbursement of funds under this paragraph shall be from sums apportioned to the State of Texas under this chapter and available for obligation on projects on the Federal-aid primary system in such State.”.

24. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(a) · 105 Stat. 1914

    1. Amended · 23 U.S.C. § 129(a)

       Pub. L. 102–240, § 1012(a), amended subsec. (a) generally

    2. Substituted · 23 U.S.C. § 129(a)

       Pub. L. 102–240, § 1012(a), substituting present provisions for provisions authorizing Federal participation in construction or acquisition of toll bridges, tunnels and approaches, provided that facility was publicly owned and operated by State or public authority, and State or authority agreed that all tolls, less those used to offset cost of operation and maintenance, were to be applied to repayment of State or authority for cost of construction or acquisition, that no tolls were to be charged after such repayment, and that facility was to be free of charge thereafter, except in case of bridge connecting United States with foreign country

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 1012(a), amended subsec. (a) generally, substituting present provisions for provisions authorizing Federal participation in construction or acquisition of toll bridges, tunnels and approaches, provided that facility was publicly owned and operated by State or public authority, and State or authority agreed that all tolls, less those used to offset cost of operation and maintenance, were to be applied to repayment of State or authority for cost of construction or acquisition, that no tolls were to be charged after such repayment, and that facility was to be free of charge thereafter, except in case of bridge connecting United States with foreign country.

    Enacted provision · exact public law section
    (a) New Program.— Section 129(a) of title 23, United States Code, is amended to read as follows: “(a) Basic Program.— “(1) Authorization for federal participation.— Notwithstanding section 301 of this title and subject to the provisions of this section, the Secretary shall permit Federal participation in— “(A) initial construction of a toll highway, bridge, or tunnel (other than a highway, bridge, or tunnel on the Interstate System) or approach thereto; “(B) reconstructing, resurfacing, restoring, and rehabilitating a toll highway, bridge, or tunnel (including a toll highway, bridge, or tunnel subject to an agreement entered into under this section or section 119(e) as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991) or approach thereto; “(C) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; “(D) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; and “(E) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under subparagraph (A), (B), (C), or (D); on the same basis and in the same manner as in the construction of free highways under this chapter. “(2) Ownership.— Each highway, bridge, tunnel, or approach thereto constructed under this subsection must— “(A) be publicly owned, or “(B) be privately owned if the public authority having jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with a private person or persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility. “(3) Contracts. Limitations on use of revenues.— Before the Secretary may permit Federal participation under this subsection in construction of a highway, bridge, or tunnel located in a State, the public authority (including the State transportation department) having jurisdiction over the highway, bridge, or tunnel must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the toll facility will be used first for debt service, for reasonable return on investment of any private person financing the project, and for the costs necessary for the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation. If the State certifies annually that the tolled facility is being adequately maintained, the State may use any toll revenues in excess of amounts required under the preceding sentence for any purpose for which Federal funds may be obligated by a State under this title. “(4) Special rule for funding.— In the case of a toll highway, bridge, or tunnel under the jurisdiction of a public authority of a State (other than the State transportation department), upon request of the State transportation department and subject to such terms and conditions as such department and public authority may agree, the Secretary shall reimburse such public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as such department would be reimbursed if such project was being carried out by such department. The reimbursement of funds under this paragraph snail be from sums apportioned to the State under this chapter and available for obligations on projects on the Federal-aid system in such State on which the project is being carried out. “(5) Limitation on federal share.— Except as otherwise provided in this paragraph, the Federal share payable for construction of a highway, bridge, tunnel, or approach thereto or conversion of a highway, bridge, or tunnel to a toll facility under this subsection shall be such percentage as the State determines but not to exceed 50 percent. The Federal share payable for construction of a new bridge, tunnel, or approach thereto or for reconstruction or replacement of a bridge, tunnel, or approach thereto shall be such percentage as the Secretary determines but not to exceed 80 percent. In the case of a toll facility subject to an agreement under section 119 or 129, the Federal share payable on any project for resurfacing, restoring, rehabilitating, or reconstructing such facility shall be 80 percent until the scheduled expiration of such agreement (as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). “(6) Modifications.— If a public authority (including a State transportation department) having jurisdiction over a toll highway, bridge, or tunnel subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991, requests modification of such agreement, the Secretary shall modify such agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds. “(7) Loans.— A State may loan all or part of the Federal share of a toll project under this section to a public or private agency constructing a toll facility. Such loan may be made only after all Federal environmental requirements have been complied with and permits obtained. The amount loaned shall be subordinated to other debt financing for the facility except for loans made by the State or any other public agency to the agency constructing the facility. Funds loaned pursuant to this section may be obligated for projects eligible under this section. The repayment of any such loan shall commence not more than 5 years after the facility has opened to traffic. Any such loan shall bear interest at the average rate the State’s pooled investment fund earned in the 52 weeks preceding the start of repayment. The term of any such loan shall not exceed 30 years from the time the loan was obligated. Amounts repaid to a State from any loan made under this section may be obligated for any purpose for which the loaned funds were available. The Secretary shall establish procedures and guidelines for making such loans. “(8) Initial construction defined.— For purposes of this subsection, the term ‘initial construction’ means the construction of a highway, bridge, or tunnel at any time before it is open to traffic and does not include any improvement to a highway, bridge, or tunnel after it is open to traffic.”.

25. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    1. Redesignated · 23 U.S.C. § 129(b)

       Pub. L. 102–240, § 1012(c)(1), (2), redesignated subsec. (f) as (b)

    2. Struck · 23 U.S.C. § 129(b)

       Pub. L. 102–240, § 1012(c)(1), (2), struck out former subsec. (b) which authorized Secretary to approve toll roads, bridges and tunnels as part of Interstate System, authorized expenditure of Federal-aid highway funds on toll roads after they became toll-free, and required agreements between Secretary and State highway departments on construction of Interstate projects to forbid construction of toll roads, but not toll bridges and tunnels, on interstate highway route without official concurrence of Secretary, after June 30, 1968

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–240, § 1012(c)(1), (2), redesignated subsec. (f) as (b) and struck out former subsec. (b) which authorized Secretary to approve toll roads, bridges and tunnels as part of Interstate System, authorized expenditure of Federal-aid highway funds on toll roads after they became toll-free, and required agreements between Secretary and State highway departments on construction of Interstate projects to forbid construction of toll roads, but not toll bridges and tunnels, on interstate highway route without official concurrence of Secretary, after June 30, 1968.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

26. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c) · 105 Stat. 1914

    1. Redesignated · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), redesignated subsec. (g) as (c)

    2. Inserted · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), inserted “and ferry terminal facilities” after “boats” in introductory provisions

    3. Added · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), added par. (3)

    4. Struck · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), struck out former par. (3) which read as follows: “Such ferry shall be publicly owned and operated.”, in par. (4)

    5. Inserted · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), inserted “or other public entity” after “State” and “, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return” before period at end

    6. Struck · 23 U.S.C. § 129(c)

       Pub. L. 102–240, § 1012(c), struck out former subsec. (c) which made available funds authorized for expenditure on Federal-aid highway systems for projects approaching toll roads, bridges or tunnels up to point where project had use irrespective of use for toll road, bridge or tunnel

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–240, § 1012(c), redesignated subsec. (g) as (c), inserted “and ferry terminal facilities” after “boats” in introductory provisions, added par. (3) and struck out former par. (3) which read as follows: “Such ferry shall be publicly owned and operated.”, in par. (4), inserted “or other public entity” after “State” and “, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return” before period at end, and struck out former subsec. (c) which made available funds authorized for expenditure on Federal-aid highway systems for projects approaching toll roads, bridges or tunnels up to point where project had use irrespective of use for toll road, bridge or tunnel.

    Enacted provision · exact public law section
    (c) Elimination of Public Operation Requirement for Toll Ferries.— Section 129 of such title is amended— (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k); (2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively; (3) in subsection (c) as so redesignated by inserting “and ferry terminal facilities” after “boats”; (4) in subsection (c) as so redesignated by striking paragraph (3) and inserting the following: “(3) Such ferry boat or ferry terminal facility shall be publicly owned.”; and (5) in subsection (c)(4) as so redesignated— (A) by inserting “or other public entity” after “State”; and (B) by inserting before the period at the end the following: “, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return”.

27. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    1. Redesignated · 23 U.S.C. § 129(d)

       Pub. L. 102–240, § 1012(c)(1), (2), redesignated subsec. (j) as (d)

    2. Struck · 23 U.S.C. § 129(d)

       Pub. L. 102–240, § 1012(c)(1), (2), struck out former subsec. (d) which made available funds authorized for expenditure on Interstate System for Interstate System projects approaching toll road and having no other use, if agreement was reached that section of toll road would become free to public upon collection of tolls sufficient to liquidate cost of road and outstanding bonds and cost of maintenance, operation and debt service during period of toll collection, and that there was a reasonably satisfactory alternative free route available to bypass toll section

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–240, § 1012(c)(1), (2), redesignated subsec. (j) as (d) and struck out former subsec. (d) which made available funds authorized for expenditure on Interstate System for Interstate System projects approaching toll road and having no other use, if agreement was reached that section of toll road would become free to public upon collection of tolls sufficient to liquidate cost of road and outstanding bonds and cost of maintenance, operation and debt service during period of toll collection, and that there was a reasonably satisfactory alternative free route available to bypass toll section.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

28. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 129(e)

    Pub. L. 102–240, § 1012(c)(1), struck out subsec. (e) which authorized Secretary to permit Federal participation in reconstruction and improvement of two-lane toll road designated as part of the Interstate System before June 30, 1973, as necessary to bring such road to standards of Interstate System, provided that toll road authority agreed that no new indebtedness to be liquidated by tolls was to be incurred, that all tolls be used for operation and maintenance and to repay outstanding bonds, and that, upon liquidation of such bonds, the road was to become free to public

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (e) which authorized Secretary to permit Federal participation in reconstruction and improvement of two-lane toll road designated as part of the Interstate System before June 30, 1973, as necessary to bring such road to standards of Interstate System, provided that toll road authority agreed that no new indebtedness to be liquidated by tolls was to be incurred, that all tolls be used for operation and maintenance and to repay outstanding bonds, and that, upon liquidation of such bonds, the road was to become free to public.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

29. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(2) · 105 Stat. 1914

    Redesignated · 23 U.S.C. § 129(f); 23 U.S.C. § 129(g)

    Pub. L. 102–240, § 1012(c)(2), redesignated subsecs. (f) and (g) as (b) and (c), respectively

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 102–240, § 1012(c)(2), redesignated subsecs. (f) and (g) as (b) and (c), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively;

30. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 129(h)

    Pub. L. 102–240, § 1012(c)(1), struck out subsec. (h) which provided that, in case of interstate toll bridge on Federal-aid primary system, except Interstate System, owned by State or political subdivision, that became toll-free by Jan. 1, 1975, because of purchase or construction by State before Jan. 1, 1975, funds would be made available under section 104(b)(1) and (3) of this title to pay Federal share of lesser of value of bridge (after deducting portion of value already attributable to Federal funds) or amount by which principal amount of outstanding unpaid bonds issued for construction or acquisition of bridge exceeded amount accumulated for their amortization, on date bridge became free to public

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (h) which provided that, in case of interstate toll bridge on Federal-aid primary system, except Interstate System, owned by State or political subdivision, that became toll-free by Jan. 1, 1975, because of purchase or construction by State before Jan. 1, 1975, funds would be made available under section 104(b)(1) and (3) of this title to pay Federal share of lesser of value of bridge (after deducting portion of value already attributable to Federal funds) or amount by which principal amount of outstanding unpaid bonds issued for construction or acquisition of bridge exceeded amount accumulated for their amortization, on date bridge became free to public.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

31. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 129(i)

    Pub. L. 102–240, § 1012(c)(1), struck out subsec. (i) which authorized Secretary to permit Federal participation, through funds for Federal-aid highway system, other than Interstate System, in engineering and fiscal assessments, traffic analyses, network studies, etc., to determine whether privately owned toll bridges should be acquired by a State or subdivision

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (i) which authorized Secretary to permit Federal participation, through funds for Federal-aid highway system, other than Interstate System, in engineering and fiscal assessments, traffic analyses, network studies, etc., to determine whether privately owned toll bridges should be acquired by a State or subdivision.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

32. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(2) · 105 Stat. 1914

    Redesignated · 23 U.S.C. § 129(j)

    Pub. L. 102–240, § 1012(c)(2), redesignated subsec. (j) as (d)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 102–240, § 1012(c)(2), redesignated subsec. (j) as (d).

    Enacted provision · exact public law section
    (2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively;

33. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1012(c)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 129(k)

    Pub. L. 102–240, § 1012(c)(1), struck out subsec. (k) which required operators of toll roads, tunnels, ferries and bridges on Federal-aid highway system to biennially certify to Governor of State that facilities were adequately maintained and that operator had ability to fund such facilities that were not adequately maintained without using Federal-aid highway funds, and which required Governor of each State to report biennially to Secretary on facilities required to so certify

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (k) which required operators of toll roads, tunnels, ferries and bridges on Federal-aid highway system to biennially certify to Governor of State that facilities were adequately maintained and that operator had ability to fund such facilities that were not adequately maintained without using Federal-aid highway funds, and which required Governor of each State to report biennially to Secretary on facilities required to so certify.

    Enacted provision · exact public law section
    (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

34. 1992

    Pub. L. 102–388 § 410(1) · 106 Stat. 1520

    Substituted · 23 U.S.C. § 129(b)

    Pub. L. 102–388, § 410(1), which directed the substitution of “classified as a public road” for “approved under section 103(b) or (b) of this title as a part of one of the Federal-aid systems”, was executed by making the substitution for “approved under section 103(b) or (c) of this title as a part of one of the Federal-aid systems” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–388, § 410(1), which directed the substitution of “classified as a public road” for “approved under section 103(b) or (b) of this title as a part of one of the Federal-aid systems”, was executed by making the substitution for “approved under section 103(b) or (c) of this title as a part of one of the Federal-aid systems” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in subsection (b) by striking “approved under section 103(b) or (b) of this title as a part of one of the Federal-aid systems” and inserting in lieu thereof “classified as a public road”; and

35. 1992

    Pub. L. 102–388 § 410(2) · 106 Stat. 1520

    Amended · 23 U.S.C. § 129(c)(2)

    Pub. L. 102–388, § 410(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The operation of the ferry shall be on a route which has been approved under section 103(b) or (c) of this title as a part of one of the Federal-aid systems within the State and has not been designated as a route on the Interstate System.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–388, § 410(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The operation of the ferry shall be on a route which has been approved under section 103(b) or (c) of this title as a part of one of the Federal-aid systems within the State and has not been designated as a route on the Interstate System.”

    Enacted provision · exact public law section
    (2) by amending subsection (c)(2) to read as follows: “(2) The operation of the ferry shall be on a route classified as a public road within the State and which has not been designated as a route on the Interstate System. Projects under this subsection may be eligible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only.”.

36. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 313(a) · 109 Stat. 568

    Amended · 23 U.S.C. § 129(a)(5)

    Pub. L. 104–59, § 313(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–59, § 313(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows:

    “(5) Limitation on federal share.—Except as otherwise provided in this paragraph, the Federal share payable for construction of a highway, bridge, tunnel, or approach thereto or conversion of a highway, bridge, or tunnel to a toll facility under this subsection shall be such percentage as the State determines but not to exceed 50 percent. The Federal share payable for construction of a new bridge, tunnel, or approach thereto or for reconstruction or replacement of a bridge, tunnel, or approach thereto shall be such percentage as the Secretary determines but not to exceed 80 percent. In the case of a toll facility subject to an agreement under section 119 or 129, the Federal share payable on any project for resurfacing, restoring, rehabilitating, or reconstructing such facility shall be 80 percent until the scheduled expiration of such agreement (as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991).”

    Enacted provision · exact public law section
    (a) Federal Share for Highways, Bridges, and Tunnels.— Section 129(a)(5) of title 23, United States Code, is amended to read as follows: “(5) Limitation on federal share.— The Federal share payable for a project described in paragraph (1) shall be a percentage determined by the State but not to exceed 80 percent.”.

37. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 313(b) · 109 Stat. 568

    Amended · 23 U.S.C. § 129(a)(7)

    Pub. L. 104–59, § 313(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 104–59, § 313(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows:

    “(7) Loans.—A State may loan all or part of the Federal share of a toll project under this section to a public or private agency constructing a toll facility. Such loan may be made only after all Federal environmental requirements have been complied with and permits obtained. The amount loaned shall be subordinated to other debt financing for the facility except for loans made by the State or any other public agency to the agency constructing the facility. Funds loaned pursuant to this section may be obligated for projects eligible under this section. The repayment of any such loan shall commence not more than 5 years after the facility has opened to traffic. Any such loan shall bear interest at the average rate the State’s pooled investment fund earned in the 52 weeks preceding the start of repayment. The term of any such loan shall not exceed 30 years from the time the loan was obligated. Amounts repaid to a State from any loan made under this section may be obligated for any purpose for which the loaned funds were available. The Secretary shall establish procedures and guidelines for making such loans.”

    Enacted provision · exact public law section
    (b) Loan Program.— Section 129(a)(7) of title 23, United States Code, is amended to read as follows: “(7) Loans.— “(A) In general.— A State may loan to a public or private entity constructing or proposing to construct under this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a revenue source specifically dedicated to it. Dedicated revenue sources for non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, and such other dedicated revenue sources as the Secretary determines appropriate. “(B) Compliance with federal laws.— As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law. “(C) Subordination of debt.— The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. “(D) Obligation of funds loaned.— Funds loaned under this paragraph may only be obligated for projects under this paragraph. “(E) Repayment.— The repayment of a loan made under this paragraph shall commence not later than 5 years after date on which the facility that is the subject of the loan is open to traffic. “(F) Term of loan.— The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. “(G) Interest.— A loan made under this paragraph shall bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible. “(H) Reuse of funds.— Amounts repaid to a State from a loan made under this paragraph may be obligated— “(i) for any purpose for which the loan funds were available under this title; and “(ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title. “(I) Guidelines.— The Secretary shall establish procedures and guidelines for making loans under this paragraph.”.

38. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 313(c) · 109 Stat. 568

    1. Substituted · 23 U.S.C. § 129(c)(5)

       Pub. L. 104–59, § 313(c), inserted before period at end of first sentence “or between a point in a State and a point in the Dominion of Canada” and in second sentence substituted “Hawaii,” for “Hawaii and”

    2. Inserted · 23 U.S.C. § 129(c)(5)

       Pub. L. 104–59, § 313(c), inserted “, operations between a point in a State and a point in the Dominion of Canada,” after “Puerto Rico”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 104–59, § 313(c), inserted before period at end of first sentence “or between a point in a State and a point in the Dominion of Canada” and in second sentence substituted “Hawaii,” for “Hawaii and” and inserted “, operations between a point in a State and a point in the Dominion of Canada,” after “Puerto Rico”.

    Enacted provision · exact public law section
    (c) Ferry Boats and Terminal Facilities.— Section 129(c)(5) of such title is amended— (1) by inserting before the period at the end of the first sentence the following: “or between a point in a State and a point in the Dominion of Canada”; and (2) in the second sentence— (A) by striking “Hawaii and” and inserting “Hawaii,”; and (B) by inserting after “Puerto Rico” the following: “, operations between a point in a State and a point in the Dominion of Canada,”.

39. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1106(c)(1)(C) · 112 Stat. 107

    Substituted · 23 U.S.C. § 129(b)

    Pub. L. 105–178, § 1106(c)(1)(C), substituted “which is a public road and has not” for “which has been classified as a public road and has not” in first sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–178, § 1106(c)(1)(C), substituted “which is a public road and has not” for “which has been classified as a public road and has not” in first sentence.

    Enacted provision · exact public law section
    (C) Section 129(b) of such title is amended in the first sentence by striking “which has been” and all that follows through “and has not” and inserting “which is a public road and has not”.

40. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1207(a) · 112 Stat. 107

    Substituted · 23 U.S.C. § 129(c)(3)

    Pub. L. 105–178, § 1207(a), substituted “owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits.” for “owned.”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 105–178, § 1207(a), substituted “owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits.” for “owned.”

    Enacted provision · exact public law section
    (a) Ferry Operating and Leasing Amendments.— Section 129(c)(3) of title 23, United States Code, is amended by striking “owned.” and inserting “owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits.”.

41. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1211(f) · 112 Stat. 107

    Struck · 23 U.S.C. § 129(d)

    Pub. L. 105–178, § 1211(f), formerly § 1211(g), as renumbered by Pub. L. 105–206, § 9003(d)(5), struck out subsec. (d) which related to pilot toll collection program

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1211(f), formerly § 1211(g), as renumbered by Pub. L. 105–206, § 9003(d)(5), struck out subsec. (d) which related to pilot toll collection program.

    Enacted provision · exact public law section
    (F) by inserting “, including I–29 between Kansas City and the Canadian border” before the period at the end of paragraph (23); and

42. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 title I § 1801(f) · 119 Stat. 1144

    Substituted · 23 U.S.C. § 129(c)(5)

    Pub. L. 109–59 substituted “any territory of the United States” for “the Commonwealth of Puerto Rico” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 109–59 substituted “any territory of the United States” for “the Commonwealth of Puerto Rico” in two places.

    Enacted provision · exact public law section
    (f) Territory Ferries.— Section 129(c)(5) of title 23, United States Code, is amended by striking “the Commonwealth of Puerto Rico” each place it appears and inserting “any territory of the United States”.

43. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1512(a) · 126 Stat. 405

    Amended · 23 U.S.C. § 129(a)

    Pub. L. 112–141 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to basic program and consisted of pars. (1) to (8)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–141 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to basic program and consisted of pars. (1) to (8).

    Enacted provision · exact public law section
    (a) Amendment to Tolling Provision.— Section 129(a) of title 23, United States Code, is amended to read as follows: “(a) Basic Program.— “(1) Authorization for federal participation.— Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the— “(A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; “(B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; “(C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction; “(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; “(E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; “(F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; “(G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation; “(H) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and “(I) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph. “(2) Ownership.— Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall— “(A) be publicly owned; or “(B) be privately owned if the public authority with jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with 1 or more private persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility. “(3) Limitations on use of revenues.— “(A) In general.— A public authority with jurisdiction over a toll facility shall use all toll revenues received from operation of the toll facility only for— “(i) debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing; “(ii) a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned; “(iii) any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation; “(iv) if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and “(v) if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title. “(B) Annual audit.— “(i) In general.— A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary. “(ii) Records.— On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. “(C) Noncompliance.— If the Secretary concludes that a public authority has not complied with the limitations on the use of revenues described in subparagraph (A), the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A). “(4) Limitations on conversion of high occupancy vehicle facilities on interstate system.— “(A) In general.— A public authority with jurisdiction over a high occupancy vehicle facility on the Interstate System may undertake reconstruction, restoration, or rehabilitation under paragraph (1)(G) on the facility, and may levy tolls on vehicles, excluding high occupancy vehicles, using the reconstructed, restored, or rehabilitated facility, if the public authority— “(i) in the case of a high occupancy vehicle facility that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of title 49 for the area has been consulted concerning the placement and amount of tolls on the converted facility; “(ii) develops, manages, and maintains a system that will automatically collect the toll; and “(iii) establishes policies and procedures— “(I) to manage the demand to use the facility by varying the toll amount that is charged; and “(II) to enforce sanctions for violations of use of the facility. “(B) Exemption from tolls.— In levying tolls on a facility under subparagraph (A), a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles. “(5) Special rule for funding.— “(A) In general.— In the case of a toll facility under the jurisdiction of a public authority of a State (other than the State transportation department), on request of the State transportation department and subject to such terms and conditions as the department and public authority may agree, the Secretary, working through the State department of transportation, shall reimburse the public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as the department would be reimbursed if the project was being carried out by the department. “(B) Source.— The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federal-aid system in the State on which the project is being carried out. “(6) Limitation on federal share.— The Federal share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent. “(7) Modifications.— If a public authority (including a State transportation department) with jurisdiction over a toll facility subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1915), requests modification of the agreement, the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds. “(8) Loans.— “(A) In general.— “(i) Loans.— Using amounts made available under this title, a State may loan to a public or private entity constructing or proposing to construct under this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a revenue source specifically dedicated to the project. “(ii) Dedicated revenue sources.— Dedicated revenue sources for non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, and such other dedicated revenue sources as the Secretary determines appropriate. “(B) Compliance with federal laws.— As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law. “(C) Subordination of debt.— The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. “(D) Obligation of funds loaned.— Funds loaned under this paragraph may only be obligated for projects under this paragraph. “(E) Repayment.— The repayment of a loan made under this paragraph shall commence not later than 5 years after date on which the facility that is the subject of the loan is open to traffic. “(F) Term of loan.— The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. “(G) Interest.— A loan made under this paragraph shall bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible. “(H) Reuse of funds.— Amounts repaid to a State from a loan made under this paragraph may be obligated— “(i) for any purpose for which the loan funds were available under this title; and “(ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title. “(I) Guidelines.— The Secretary shall establish procedures and guidelines for making loans under this paragraph. “(9) State law permitting tolling.— If a State does not have a highway, bridge, or tunnel toll facility as of the date of enactment of the MAP–21, before commencing any activity authorized under this section, the State shall have in effect a law that permits tolling on a highway, bridge, or tunnel. “(10) Definitions.— In this subsection, the following definitions apply: “(A) High occupancy vehicle; hov.— The term ‘high occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer than 2 occupants. “(B) Initial construction.— “(i) In general.— The term ‘initial construction’ means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. “(ii) Exclusions.— The term ‘initial construction’ does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. “(C) Public authority.— The term ‘public authority’ means a State, interstate compact of States, or public entity designated by a State. “(D) Toll facility.— The term ‘toll facility’ means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection.” .

44. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(1) · 129 Stat. 1312

    1. Substituted · 23 U.S.C. § 129(a)(3)(A)

       Pub. L. 114–94, § 1411(a)(1), in introductory provisions, substituted “shall ensure that” for “shall use”

    2. Inserted · 23 U.S.C. § 129(a)(3)(A)

       Pub. L. 114–94, § 1411(a)(1), in introductory provisions, inserted “are used” before “only for”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 114–94, § 1411(a)(1), in introductory provisions, substituted “shall ensure that” for “shall use” and inserted “are used” before “only for”.

    Enacted provision · exact public law section
    (1) in paragraph (3)(A), in the matter preceding clause (i)— (A) by striking “shall use” and inserting “shall ensure that”; and (B) by inserting “are used” before “only for”;

45. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(2) · 129 Stat. 1312

    1. Redesignated · 23 U.S.C. § 129(a)(4)

       Pub. L. 114–94, § 1411(a)(2), redesignated par. (5) as (4)

    2. Struck · 23 U.S.C. § 129(a)(4)

       Pub. L. 114–94, § 1411(a)(2), struck out former par. (4) which related to limitations on conversion of high occupancy vehicle facilities on interstate system

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 114–94, § 1411(a)(2), redesignated par. (5) as (4) and struck out former par. (4) which related to limitations on conversion of high occupancy vehicle facilities on interstate system.

    Enacted provision · exact public law section
    (2) by striking paragraph (4) and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and

46. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(3) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 129(a)(4)(B)

    Pub. L. 114–94, § 1411(a)(3), substituted “Federal-aid highways” for “Federal-aid system”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 114–94, § 1411(a)(3), substituted “Federal-aid highways” for “Federal-aid system”.

    Enacted provision · exact public law section
    (3) in subparagraph (B) of paragraph (4) (as so redesignated) by striking “Federal-aid system” and inserting “Federal-aid highways”;

47. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(2) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 129(a)(5)(8)

    Pub. L. 114–94, § 1411(a)(2), redesignated pars. (6) to (9) as (5) to (8), respectively. Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (a)(5) to (8). Pub. L. 114–94, § 1411(a)(2), redesignated pars. (6) to (9) as (5) to (8), respectively. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (2) by striking paragraph (4) and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and

48. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(4) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 129(a)(9)

    Pub. L. 114–94, § 1411(a)(4), added par. (9). Former par. (9) redesignated (8)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 114–94, § 1411(a)(4), added par. (9). Former par. (9) redesignated (8).

    Enacted provision · exact public law section
    (4) by inserting after paragraph (8) (as so redesignated)— “(9) Equal access for over-the-road buses.— An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.” ; and

49. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1411(a)(5) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 129(a)(10)(C)(E)

       Pub. L. 114–94, § 1411(a)(5), added subpar. (C)

    2. Redesignated · 23 U.S.C. § 129(a)(10)(C)(E)

       Pub. L. 114–94, § 1411(a)(5), redesignated former subpars. (C) and (D) as (D) and (E), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(10)(C) to (E). Pub. L. 114–94, § 1411(a)(5), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

    Enacted provision · exact public law section
    (5) in paragraph (10)— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: “(C) Over-the-road bus.— The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).” .

50. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1112(c)(1) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 129(c)(2)

    Pub. L. 114–94, § 1112(c)(1), inserted “or on a public transit ferry eligible under chapter 53 of title 49” after “Interstate System”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–94, § 1112(c)(1), inserted “or on a public transit ferry eligible under chapter 53 of title 49” after “Interstate System”.

    Enacted provision · exact public law section
    (1) in paragraph (2), in the first sentence, by inserting “or on a public transit ferry eligible under chapter 53 of title 49” after “Interstate System”;

51. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1112(c)(2) · 129 Stat. 1312

    1. Amended · 23 U.S.C. § 129(c)(3)

       Pub. L. 114–94, § 1112(c)(2), designated existing provisions as subpar. (A)

    2. Substituted · 23 U.S.C. § 129(c)(3)

       Pub. L. 114–94, § 1112(c)(2), substituted “The ferry” for “Such ferry”

    3. Added · 23 U.S.C. § 129(c)(3)

       Pub. L. 114–94, § 1112(c)(2), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 114–94, § 1112(c)(2), designated existing provisions as subpar. (A), substituted “The ferry” for “Such ferry”, and added subpar. (B).

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) by striking “(3) Such ferry” and inserting “(3)(A) The ferry”; and (B) by adding at the end the following: “(B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.” ;

52. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1112(c)(3) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 129(c)(4)

    Pub. L. 114–94, § 1112(c)(3), substituted “repair,” for “and repair,”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 114–94, § 1112(c)(3), substituted “repair,” for “and repair,”.

    Enacted provision · exact public law section
    (3) in paragraph (4) by striking “and repair,” and inserting “repair,”; and

53. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1112(c)(4) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 129(c)(6); 23 U.S.C. § 129(c)(7)

       Pub. L. 114–94, § 1112(c)(4), added pars. (6) and (7)

    2. Struck · 23 U.S.C. § 129(c)(6); 23 U.S.C. § 129(c)(7)

       Pub. L. 114–94, § 1112(c)(4), struck out former par. (6) which read as follows: “No such ferry shall be sold, leased, or otherwise disposed of without the approval of the Secretary. The Federal share of any proceeds from such a disposition shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last apportioned to such State. Any amount so credited shall be in addition to all other funds then apportioned to such State and available for expenditure in accordance with the provisions of this title.”

    Source evidence

    Code amendment note
    Subsec. (c)(6), (7). Pub. L. 114–94, § 1112(c)(4), added pars. (6) and (7) and struck out former par. (6) which read as follows: “No such ferry shall be sold, leased, or otherwise disposed of without the approval of the Secretary. The Federal share of any proceeds from such a disposition shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last apportioned to such State. Any amount so credited shall be in addition to all other funds then apportioned to such State and available for expenditure in accordance with the provisions of this title.”

    Enacted provision · exact public law section
    (4) by striking paragraph (6) and inserting the following: “(6) The ferry service shall be maintained in accordance with section 116. “(7) (A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations. “(B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.” .

54. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11523(1) · 135 Stat. 429

    Inserted · 23 U.S.C. § 129(a)(3)(B)(i)

    Pub. L. 117–58, § 11523(1), inserted “, together with the results of the audit under paragraph (9)(C),” after “the audits”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(i). Pub. L. 117–58, § 11523(1), inserted “, together with the results of the audit under paragraph (9)(C),” after “the audits”.

    Enacted provision · exact public law section
    (1) in paragraph (3)(B)(i), by inserting “, together with the results of the audit under paragraph (9)(C),” after “the audits”; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

55. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11523(2) · 135 Stat. 429

    1. Amended · 23 U.S.C. § 129(a)(9)

       Pub. L. 117–58, § 11523(2), designated existing provisions as subpar. (A)

    2. Inserted · 23 U.S.C. § 129(a)(9)

       Pub. L. 117–58, § 11523(2), inserted heading

    3. Substituted · 23 U.S.C. § 129(a)(9)

       Pub. L. 117–58, § 11523(2), substituted “public transportation vehicles” for “public transportation buses”

    4. Added · 23 U.S.C. § 129(a)(9)

       Pub. L. 117–58, § 11523(2), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 117–58, § 11523(2), designated existing provisions as subpar. (A), inserted heading, substituted “public transportation vehicles” for “public transportation buses”, and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (2) in paragraph (9)— (A) by striking “An over-the-road” and inserting the following: “(A) In general.— An over-the-road” ; (B) in subparagraph (A) (as so designated), by striking “public transportation buses” and inserting “public transportation vehicles”; and (C) by adding at the end the following: “(B) Reports.— “(i) In general.— Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. “(ii) Updates.— A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. “(iii) Publication.— The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. “(C) Annual audit.— “(i) In general.— A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall— “(I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and “(II) report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. “(ii) Records.— After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. “(iii) Noncompliance.— If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance.” .

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

56. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11404(b) · 135 Stat. 429

    1. Added · 23 U.S.C. § 129(a)(10); 23 U.S.C. § 129(a)(11)

       Pub. L. 117–58, § 11404(b), added par. (10)

    2. Redesignated · 23 U.S.C. § 129(a)(10); 23 U.S.C. § 129(a)(11)

       Pub. L. 117–58, § 11404(b), redesignated former par. (10) as (11)

    Source evidence

    Code amendment note
    Subsec. (a)(10), (11). Pub. L. 117–58, § 11404(b), added par. (10) and redesignated former par. (10) as (11).

    Enacted provision · exact public law section
    (b) High Occupancy Vehicle Use of Certain Toll Facilities.— Section 129(a) of title 23, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: “(10) High occupancy vehicle use of certain toll facilities.— Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility.” .

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

57. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11117(a) · 135 Stat. 429

    Substituted · 23 U.S.C. § 129(c)

    Pub. L. 117–58, § 11117(a), in introductory provisions, substituted “the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,” for “the construction of ferry boats and ferry terminal facilities, whether toll or free,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–58, § 11117(a), in introductory provisions, substituted “the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,” for “the construction of ferry boats and ferry terminal facilities, whether toll or free,”.

    Enacted provision · exact public law section
    (a) In General.— Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “the construction of ferry boats and ferry terminal facilities, whether toll or free,” and inserting “the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,”.

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

58. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11404(a) · 135 Stat. 429

    Added · 23 U.S.C. § 129(d)

    Pub. L. 117–58, § 11404(a), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–58, § 11404(a), added subsec. (d).

    Enacted provision · exact public law section
    (a) In General.— Section 129 of title 23, United States Code, is amended by adding at the end the following: “(d) Congestion Relief Program.— “(1) Definitions.— In this subsection: “(A) Eligible entity.— The term ‘eligible entity’ means any of the following: “(i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. “(ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. “(B) Integrated congestion management system.— The term ‘integrated congestion management system’ means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. “(C) Program.— The term ‘program’ means the congestion relief program established under paragraph (2). “(2) Establishment.— The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. “(3) Program goals.— The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through— “(A) improving intermodal integration with highways, highway operations, and highway performance; “(B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and “(C) pricing of, or based on, as applicable— “(i) parking; “(ii) use of roadways, including in designated geographic zones; or “(iii) congestion. “(4) Eligible projects.— Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including— “(A) deployment and operation of an integrated congestion management system; “(B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; “(C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and “(D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. “(5) Application; selection.— “(A) Application.— To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(B) Priority.— In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. “(C) Federal share.— The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. “(D) Minimum award.— A grant provided under the program shall be not less than $10,000,000. “(6) Use of tolling.— “(A) In general.— Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program. “(B) Requirements.— The Secretary may only approve the use of tolls under subparagraph (A) if— “(i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; “(ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying— “(I) the toll rate for any other vehicle class; and “(II) 5; “(iii) the toll rates are not charged or varied on the basis of State residency; “(iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and “(v) the use of toll revenues complies with subsection (a)(3). “(C) Limitation.— The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. “(7) Financial effects on low-income drivers.— A project under the program— “(A) shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and “(B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.” .

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

81 of 84 references resolved to an enrolled provision · 3 partial