23 U.S.C. § 137 — Fringe and corridor parking facilities

Page 201 TITLE 23—HIGHWAYS § 137 Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94 substituted ‘‘para- graphs (1) through (6) of section 104(b)’’ for ‘‘paragraphs (1) through (5) of section 104(b)’’. 2012—Subsec. (b). Pub. L. 112–141, § 1404(b)(1), sub- stituted ‘‘7 percent’’ for ‘‘10 per centum’’ and ‘‘para- graphs (1) through (5) of section 104(b)’’ for ‘‘section 104 of this title’’. Subsec. (n). Pub. L. 112–141, § 1404(b)(2), added subsec. (n). 1975—Subsec. (j). Pub. L. 93–643 substituted provision that compensation shall be paid the owner for the relo- cation, removal, or disposal of junkyards lawfully es- tablished under State law, for provision relating to payment of just compensation for relocation, removal, or disposal of junkyards (1) lawfully in existence on Oct. 22, 1965, (2) lawfully along any highway made a part of the interstate or primary system on or after Oct. 22, 1965, and before Jan. 1, 1968, and (3) lawfully es- tablished on or after Jan. 1, 1968. 1970—Subsec. (m). Pub. L. 91–605 authorized to be ap- propriated not to exceed $3,000,000, $3,000,000, and $5,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively. 1968—Subsec. (m). Pub. L. 90–495 inserted provision authorizing an appropriation of not to exceed $3,000,000 for the fiscal year ending June 30, 1970. 1966—Subsec. (m). Pub. L. 89–574 substituted provi- sions making applicable to the funds authorized to be appropriated to carry out this section after June 30, 1967, the provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds for provisions prohibiting the use of any part of the Highway Trust Fund in carrying out this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective August 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 502 of this title. ACQUISITION OF DWELLINGS Prohibition against the use of eminent domain to ac- quire any dwelling (including related buildings) under the terms of Pub. L. 89–285, see section 305 of Pub. L. 89–285, set out as a note under section 131 of this title. TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION Prohibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89–285, see section 401 of Pub. L. 89–285, set out as a note under section 131 of this title. § 137. Fringe and corridor parking facilities (a) The Secretary may approve as a project on a Federal-aid highway 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 thou- sand 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 mainte- nance and operation (including compensation to any person for operating such facility). (b) The Secretary shall not approve any proj- ect under this section until— (1) he has determined that the State, or the political subdivision thereof, where such proj- ect is to be located, or any agency or instru- mentality of such State or political subdivi- sion, has the authority and capability of con- structing, maintaining, and operating the fa- cility; (2) he has entered into an agreement gov- erning the financing, maintenance, and oper- ation of the parking facility with such State, political subdivision, agency, or instrumen- tality, including necessary requirements to in- sure that adequate public transportation serv- ices will be available to persons using such fa- cility; and (3) he has approved design standards for con- structing such facility developed in coopera- tion with the State transportation depart- ment. (c) The term ‘‘parking facilities’’ for purposes of this section shall include access roads, build- ings, 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 pro- hibit (1) any State, political subdivision, or agency or instrumentality thereof, from con- tracting 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 proj- ect under this section unless he determines that it is based on a continuing comprehensive trans- portation planning process carried on in accord- ance with section 134 of this title. (f)(1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an inter- state highway corridor, and (B) have as their primary purpose the reduction of vehicular traf- fic on the interstate highway. (2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from con- tracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so oper- Page 202 TITLE 23—HIGHWAYS § 137 ating such facility. Any fees charged for the use of any such facility in connection with the pur- pose of this subsection shall not be in excess of the amount required for operation and mainte- nance, including compensation to any person for operating the facility. (3) For the purposes of this subsection, the terms ‘‘facilities’’ and ‘‘parking facilities’’ are synonymous and shall have the same meaning given ‘‘parking facilities’’ in subsection (c) of this section. (g) FUNDING.—The addition of electric vehicle charging stations or natural gas vehicle refuel- ing stations to new or previously funded parking facilities shall be eligible for funding under this section. (Added Pub. L. 89–574, § 8(c)(1), Sept. 13, 1966, 80 Stat. 768; amended Pub. L. 91–605, title I, § 134(a), Dec. 31, 1970, 84 Stat. 1733; Pub. L. 97–424, title I, § 118, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 105–178, title I, §§ 1103(l)(3)(B), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109–59, title I, § 1921, Aug. 10, 2005, 119 Stat. 1480; Pub. L. 112–141, div. A, title I, § 1513(a), July 6, 2012, 126 Stat. 572.) Editorial Notes AMENDMENTS 2012—Subsec. (f)(1). Pub. L. 112–141, § 1513(a)(1), sub- stituted ‘‘104(b)(1)’’ for ‘‘104(b)(4)’’ and inserted ‘‘includ- ing the addition of electric vehicle charging stations or natural gas vehicle refueling stations,’’ after ‘‘new fa- cilities,’’. Subsec. (g). Pub. L. 112–141, § 1513(a)(2), added subsec. (g). 2005—Subsec. (a). Pub. L. 109–59 substituted ‘‘on a Federal-aid highway’’ for ‘‘on the Federal-aid urban system’’. 1998—Subsec. (b)(3). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted ‘‘State transportation department’’ for ‘‘State highway department’’. Subsec. (f)(1). Pub. L. 105–178, § 1103(l)(3)(B), sub- stituted ‘‘section 104(b)(4)’’ for ‘‘section 104(b)(5)(B) of this title’’. 1983—Subsec. (f). Pub. L. 97–424 added subsec. (f). 1970—Pub. L. 91–605 substituted ‘‘Fringe and corridor parking facilities’’ for ‘‘Limitation on authorization of appropriations for certain purposes’’ in section catch- line. Subsec. (a). Pub. L. 91–605 substituted provisions per- mitting the Secretary to approve construction of pub- licly owned parking facilities under the Federal-aid urban system for provisions limiting authorization of appropriations under section 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing these sections and provisions from being construed as authority for any appropriations not specifically authorized in these sections and provi- sions. Subsec. (b). Pub. L. 91–605 substituted provisions pre- venting project approval by the Secretary unless the State or political subdivision thereof where the project is located can construct, maintain, and operate the fa- cility, unless the Secretary has entered into an agree- ment with the State or political subdivision governing the financing, maintenance, and operation of the facil- ity, and unless the Secretary has approved design standards for construction of the facility for provisions limiting authorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing appropria- tions to carry out these sections and provisions unless they are specific as to the amount authorized and as to the fiscal year. Subsec. (c). Pub. L. 91–605 substituted provisions de- fining ‘‘parking facilities’’ for provisions limiting au- thorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill en- acted after May 1, 1966 by preventing the highway trust fund from being a source of appropriation for these sec- tions and provisions in an amount exceeding the tax imposed by section 4061(a)(2) of Title 26, if such tax was imposed at a rate of 1% plus additional amounts appro- priated from the general fund to the highway trust fund for such purposes except that the total of all ap- propriations made from such fund to carry out these sections and provisions shall never exceed the total of all appropriations made to such fund based on the im- position of such tax plus additional amounts appro- priated from the general fund to the highway trust fund for such purposes. Subsecs. (d), (e). Pub. L. 91–605 added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES Pub. L. 114–94, div. A, title I, § 1423, Dec. 4, 2015, 129 Stat. 1425, provided that: ‘‘A State transportation agen- cy may relinquish park-and-ride lot facilities or por- tions of park-and-ride lot facilities to a local govern- ment agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that— ‘‘(1) rights-of-way on the Interstate System will re- main available for future highway improvements; and ‘‘(2) modifications to the facilities that could im- pair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Sec- retary [of Transportation].’’ JASON’S LAW Pub. L. 112–141, div. A, title I, § 1401, July 6, 2012, 126 Stat. 554, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that it is a national priority to address projects under this sec- tion for the shortage of long-term parking for commer- cial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. ‘‘(b) ELIGIBLE PROJECTS.—Eligible projects under this section are those that— ‘‘(1) serve the National Highway System; and ‘‘(2) may include the following: ‘‘(A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles. ‘‘(B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. ‘‘(C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities. ‘‘(D) Promoting the availability of publicly or privately provided commercial motor vehicle park- ing on the National Highway System using intel- ligent transportation systems and other means. ‘‘(E) Constructing turnouts along the National Highway System for commercial motor vehicles. ‘‘(F) Making capital improvements to public com- mercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. ‘‘(G) Improving the geometric design of inter- changes on the National Highway System to im- prove access to commercial motor vehicle parking facilities. ‘‘(c) SURVEY AND COMPARATIVE ASSESSMENT.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) Page 203 TITLE 23—HIGHWAYS § 138 of Pub. L. 112–141, set out as Effective and Termi- nation Dates of 2012 Amendment notes under section 101 of this title], the Secretary [of Transportation], in consultation with relevant State motor carrier safety personnel, shall conduct a survey of each State— ‘‘(A) to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation; ‘‘(B) to assess the volume of commercial motor vehicle traffic in the State; and ‘‘(C) to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State. ‘‘(2) RESULTS.—The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation. ‘‘(3) PERIODIC UPDATES.—The Secretary shall peri- odically update the survey under this subsection. ‘‘(d) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE IN- FRASTRUCTURE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery-powered or natural gas-fueled trucks or other motor vehicles at any parking facil- ity funded or authorized under this Act [see Tables for classification] or title 23, United States Code. ‘‘(2) EXCEPTION.—Electric vehicle battery charging stations or natural gas vehicle refueling stations may not be established or supported under paragraph (1) if commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. ‘‘(3) FUNDS.—Charging or refueling stations de- scribed in paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located. ‘‘(e) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, projects funded through the au- thority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.’’ TRUCK PARKING FACILITIES Pub. L. 109–59, title I, § 1305, Aug. 10, 2005, 119 Stat. 1214, which related to truck parking facilities, was re- pealed by Pub. L. 112–141, div. A, title I, § 1519(b)(2), July 6, 2012, 126 Stat. 575. § 138. Preservation of parklands (a) DECLARATION OF POLICY.— (1) IN GENERAL.—It is the national policy that special effort should be made to preserve the natural beauty of the countryside and pub- lic park and recreation lands, wildlife and wa- terfowl refuges, and historic sites. (2) COOPERATION AND CONSULTATION.— (A) IN GENERAL.—The Secretary shall co- operate and consult with the Secretaries of the Interior, Housing and Urban Develop- ment, and Agriculture, and with the States in developing transportation plans and pro- grams that include measures to maintain or enhance the natural beauty of the lands tra- versed. (B) TIMELINE FOR APPROVALS.— (i) IN GENERAL.—The Secretary shall— (I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and (II) provide a period of 30 days for re- ceipt of comments. (ii) ASSUMED ACCEPTANCE.—If the Sec- retary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objec- tion and proceed with the action. (C) EFFECT.—Nothing in subparagraph (B) affects— (i) the requirements under— (I) subsections (b) through (f); or (II) the consultation process under sec- tion 306108 of title 54; or (ii) programmatic section 4(f) evalua- tions, as described in regulations issued by the Secretary. (3) REQUIREMENT.—After the effective date of the Federal-Aid Highway Act of 1968, the Sec- retary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a pub- lic park, recreation area, or wildlife and wa- terfowl refuge of national, State, or local sig- nificance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless— (A) there is no feasible and prudent alter- native to the use of the land; and (B) the program includes all possible plan- ning to minimize harm to such park, rec- reational area, wildlife and waterfowl ref- uge, or historic site resulting from such use. (4) STUDIES.—In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Inte- rior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the nat- ural beauty of these areas. (b) DE MINIMIS IMPACTS.— (1) REQUIREMENTS.— (A) REQUIREMENTS FOR HISTORIC SITES.— The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Sec- retary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. (B) REQUIREMENTS FOR PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL REF- UGES.—The requirements of subsection (a)(1) shall be considered to be satisfied with re- spect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (a)(2) with respect to an area de- scribed in paragraph (3) shall not include an alternatives analysis. (C) CRITERIA.—In making any determina- tion under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, mini- mization, mitigation, or enhancement meas- ures that are required to be implemented as