23 U.S.C. § 129 — Toll roads, bridges, tunnels, and ferries

Page 146 TITLE 23—HIGHWAYS § 129 (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation department’’ for ‘‘State highway department’’ wherever appearing. 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for submission of a report by the State highway depart- ment involved indicating consideration given to eco- nomic, social, environmental, and other effects of the plan or highway location or design plus the various al- ternatives which were considered. Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference to report to be submitted by the State highway depart- ment together with the certification of public hearings. 1968—Subsec. (a). Pub. L. 90–495 inserted social effect of projects, the impact on environment, and their con- sistency with the goals and objectives of such urban planning as has been promulgated by the community to the list of factors to be considered by State highway departments in looking over projects involving the by- passing or passing through of municipalities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. § 129. Toll roads, bridges, tunnels, and ferries (a) BASIC PROGRAM.— (1) AUTHORIZATION FOR FEDERAL PARTICIPA- TION.—Subject to the provisions of this sec- tion, 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 high- way, bridge, or tunnel; (B) initial construction of 1 or more lanes or other improvements that increase capac- ity 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 auxil- iary lanes, before the construction; (C) initial construction of 1 or more lanes or other improvements that increase the ca- pacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facil- ity, 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, restora- tion, 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 reha- bilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after recon- struction, restoration, or rehabilitation is not less than the number of toll-free non- HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilita- tion; (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 para- graph. (2) OWNERSHIP.—Each highway, bridge, tun- nel, 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 au- thority 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 re- sponsible 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 ensure that all toll revenues received from oper- ation of the toll facility are used only for— (i) debt service with respect to the projects on or for which the tolls are au- thorized, 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 improve- ment and proper operation and mainte- nance of the toll facility, including recon- struction, resurfacing, restoration, and re- habilitation; (iv) if the toll facility is subject to a pub- lic-private partnership agreement, pay- ments 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 annu- ally that the tolled facility is being ade- quately 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 con- duct or have an independent auditor con- duct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), Page 147 TITLE 23—HIGHWAYS § 129 and report the results of the audits, to- gether with the results of the audit under paragraph (9)(C), 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 Sec- retary. (C) NONCOMPLIANCE.—If the Secretary con- cludes that a public authority has not com- plied with the limitations on the use of reve- nues described in subparagraph (A), the Sec- retary may require the public authority to discontinue collecting tolls until an agree- ment with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subpara- graph (A). (4) SPECIAL RULE FOR FUNDING.— (A) IN GENERAL.—In the case of a toll facil- ity under the jurisdiction of a public author- ity of a State (other than the State trans- portation department), on request of the State transportation department and subject to such terms and conditions as the depart- ment and public authority may agree, the Secretary, working through the State de- partment of transportation, shall reimburse the public authority for the Federal share of the costs of construction of the project car- ried out on the toll facility under this sub- section in the same manner and to the same extent as the department would be reim- bursed if the project was being carried out by the department. (B) SOURCE.—The reimbursement of funds under this paragraph shall be from sums ap- portioned to the State under this chapter and available for obligations on projects on the Federal-aid highways in the State on which the project is being carried out. (5) LIMITATION ON FEDERAL SHARE.—The Fed- eral share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent. (6) MODIFICATIONS.—If a public authority (in- cluding 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 effec- tive date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1915), requests modification of the agree- ment, the Secretary shall modify the agree- ment to allow the continuation of tolls in ac- cordance with paragraph (3) without repay- ment of Federal funds. (7) LOANS.— (A) IN GENERAL.— (i) LOANS.—Using amounts made avail- able 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 rev- enue source specifically dedicated to the project. (ii) DEDICATED REVENUE SOURCES.—Dedi- cated revenue sources for non-toll facili- ties include excise taxes, sales taxes, motor vehicle use fees, tax on real prop- erty, 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 Fed- eral 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 ob- ligated 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 sub- ject 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 estab- lish procedures and guidelines for making loans under this paragraph. (8) STATE LAW PERMITTING TOLLING.—If a State does not have a highway, bridge, or tun- nel 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. (9) EQUAL ACCESS FOR OVER-THE-ROAD BUSES.— (A) IN GENERAL.—An over-the-road bus that serves the public shall be provided ac- cess to a toll facility under the same rates, terms, and conditions as public transpor- tation vehicles. (B) REPORTS.— (i) IN GENERAL.—Not later than 90 days after the date of enactment of this sub- paragraph, a public authority that oper- ates a toll facility shall report to the Sec- retary any rates, terms, or conditions for access to the toll facility by public trans- portation vehicles that differ from the Page 148 TITLE 23—HIGHWAYS § 129 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 dif- fer from the rates, terms, or conditions ap- plicable 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 Sec- retary under clauses (i) and (ii) on a pub- licly 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, to- gether with the results of the audit under paragraph (3)(B), to the Secretary. (ii) RECORDS.—After providing reason- able notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll fa- cility available for audit by the Secretary. (iii) NONCOMPLIANCE.—If the Secretary determines that a public authority de- scribed in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue col- lecting tolls until an agreement with the Secretary is reached to achieve compli- ance. (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 jurisdic- tion over the toll facility shall allow high oc- cupancy vehicles, transit, and paratransit ve- hicles 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 fa- cility reduces the travel time reliability of the facility. (11) DEFINITIONS.—In this subsection, the fol- lowing definitions apply: (A) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘‘high occupancy vehicle’’ or ‘‘HOV’’ means a vehicle with not fewer than 2 occu- pants. (B) INITIAL CONSTRUCTION.— (i) IN GENERAL.—The term ‘‘initial con- struction’’ 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 con- struction’’ does not include any improve- ment to a highway, bridge, tunnel, or other facility after it is open to traffic. (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). (D) PUBLIC AUTHORITY.—The term ‘‘public authority’’ means a State, interstate com- pact of States, or public entity designated by a State. (E) TOLL FACILITY.—The term ‘‘toll facil- ity’’ means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tun- nel constructed under this subsection. (b) Notwithstanding the provisions of section 301 of this title, the Secretary may permit Fed- eral participation under this title in the con- struction of a project constituting an approach to a ferry, whether toll or free, the route of which is a public road and has not been des- ignated 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 acquisi- tion thereof, including debt service, and to ac- tual and necessary costs of operation, mainte- nance, repair, and replacement. (c) Notwithstanding section 301 of this title, the Secretary may permit Federal participation under this title in 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 inter- modal ferry trip, subject to the following condi- tions: (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 classified as a public road within the State and which has not been designated as a route on the Interstate System or on a public transit ferry eligible under chapter 53 of title 49. Projects under this subsection may be eli- gible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only. (3)(A) The ferry boat or ferry terminal facil- ity shall be publicly owned or operated or ma- jority publicly owned if the Secretary deter- mines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility pro- vides substantial public benefits. (B) Any Federal participation shall not in- volve the construction or purchase, for private ownership, of a ferry boat, ferry terminal fa- cility, or other eligible project under this sec- tion. (4) The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State or other pub- lic entity, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance, repair, debt serv- ice, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return. (5) Such ferry may be operated only within the State (including the islands which com- Page 149 TITLE 23—HIGHWAYS § 129 prise the State of Hawaii and the islands which comprise any territory of the United States) or between adjoining States or be- tween a point in a State and a point in the Do- minion of Canada. Except with respect to op- erations between the islands which comprise the State of Hawaii, operations between the islands which comprise any territory of the United States, operations between a point in a State and a point in the Dominion of Canada, 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 op- eration shall be in any foreign or inter- national waters. (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. (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 organiza- tion, 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 oper- ations of a regional transportation system that includes, at a minimum, traffic inci- dent management, work zone management, traffic signal timing, managed lanes, real- time traveler information, and active traffic management, in order to maximize the ca- pacity 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 es- tablish a congestion relief program to provide discretionary grants to eligible entities to ad- vance innovative, integrated, and multimodal solutions to congestion relief in the most con- gested metropolitan areas of the United States. (3) PROGRAM GOALS.—The goals of the pro- gram are to reduce highway congestion, re- duce economic and environmental costs asso- ciated with that congestion, including trans- portation 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 trav- el modes during peak travel times; and (C) pricing of, or based on, as applicable— (i) parking; (ii) use of roadways, including in des- ignated 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, includ- ing planning, design, implementation, and construction activities, to achieve the pro- gram goals under paragraph (3), including— (A) deployment and operation of an inte- grated 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, para- transit, 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 con- taining such information as the Secretary may require. (B) PRIORITY.—In providing grants under the program, the Secretary shall give pri- ority to projects in urbanized areas that are experiencing a high degree of recurrent con- gestion. (C) FEDERAL SHARE.—The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 per- cent 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 sub- section (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 subpara- graph (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 vehi- cle 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 var- ied on the basis of State residency; Page 150 TITLE 23—HIGHWAYS § 129 (iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under para- graph (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 DRIV- ERS.—A project under the program— (A) shall include, if appropriate, an anal- ysis of the potential effects of the project on low-income drivers; and (B) may include mitigation measures to deal with any potential adverse financial ef- fects on low-income drivers. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86–657, §§ 5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90–495, § 28, Aug. 23, 1968, 82 Stat. 829; Pub. L. 91–605, title I, §§ 133, 139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92–434, § 7, Sept. 26, 1972, 86 Stat. 732; Pub. L. 93–87, title I, §§ 118, 132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93–643, § 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94–280, title I, § 121, May 5, 1976, 90 Stat. 438; Pub. L. 95–599, title I, § 120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100–17, title I, § 120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100–202, § 101(l) [title III, § 347(d)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 100–457, title III, §§ 326, 335, Sept. 30, 1988, 102 Stat. 2150, 2153; Pub. L. 102–240, title I, § 1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L. 102–388, title IV, § 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104–59, title III, § 313(a)–(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub. L. 105–178, title I, §§ 1106(c)(1)(C), 1207(a), 1211(f), formerly 1211(g), June 9, 1998, 112 Stat. 136, 185, 189; Pub. L. 105–206, title IX, § 9003(d)(5), July 22, 1998, 112 Stat. 840; Pub. L. 109–59, title I, § 1801(f), Aug. 10, 2005, 119 Stat. 1456; Pub. L. 112–141, div. A, title I, § 1512(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1112(c), 1411(a), Dec. 4, 2015, 129 Stat. 1346, 1412; Pub. L. 117–58, div. A, title I, §§ 11117(a), 11404, 11523, Nov. 15, 2021, 135 Stat. 483, 558, 605.) Editorial Notes REFERENCES IN TEXT For the effective date of title I of the Intermodal Sur- face Transportation Efficiency Act of 1991, referred to in subsec. (a)(6), see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of this title. The date of enactment of the MAP–21, referred to in subsec. (a)(8), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Ter- mination Dates of 2012 Amendment notes under section 101 of this title. The date of enactment of this subparagraph and the date of enactment of the Surface Transportation Reau- thorization Act of 2021, referred to in subsec. (a)(9)(B)(i), (10), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021. AMENDMENTS 2021—Subsec. (a)(3)(B)(i). Pub. L. 117–58, § 11523(1), in- serted ‘‘, together with the results of the audit under paragraph (9)(C),’’ after ‘‘the audits’’. Subsec. (a)(9). Pub. L. 117–58, § 11523(2), designated ex- isting provisions as subpar. (A), inserted heading, sub- stituted ‘‘public transportation vehicles’’ for ‘‘public transportation buses’’, and added subpars. (B) and (C). Subsec. (a)(10), (11). Pub. L. 117–58, § 11404(b), added par. (10) and redesignated former par. (10) as (11). Subsec. (c). Pub. L. 117–58, § 11117(a), in introductory provisions, substituted ‘‘the construction of ferry boats and ferry terminal facilities (including ferry mainte- nance facilities), whether toll or free, and the procure- ment 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,’’. Subsec. (d). Pub. L. 117–58, § 11404(a), added subsec. (d). 2015—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’’. Subsec. (a)(4). Pub. L. 114–94, § 1411(a)(2), redesignated par. (5) as (4) and struck out former par. (4) which re- lated to limitations on conversion of high occupancy vehicle facilities on interstate system. Subsec. (a)(4)(B). Pub. L. 114–94, § 1411(a)(3), sub- stituted ‘‘Federal-aid highways’’ for ‘‘Federal-aid sys- tem’’. Subsec. (a)(5) to (8). Pub. L. 114–94, § 1411(a)(2), redes- ignated pars. (6) to (9) as (5) to (8), respectively. Former par. (5) redesignated (4). Subsec. (a)(9). Pub. L. 114–94, § 1411(a)(4), added par. (9). Former par. (9) redesignated (8). 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. 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’’. 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). Subsec. (c)(4). Pub. L. 114–94, § 1112(c)(3), substituted ‘‘repair,’’ for ‘‘and repair,’’. 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 Sec- retary. The Federal share of any proceeds from such a disposition shall be credited to the unprogramed bal- ance 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 accord- ance with the provisions of this title.’’ 2012—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). 2005—Subsec. (c)(5). Pub. L. 109–59 substituted ‘‘any territory of the United States’’ for ‘‘the Commonwealth of Puerto Rico’’ in two places. 1998—Subsec. (b). Pub. L. 105–178, § 1106(c)(1)(C), sub- stituted ‘‘which is a public road and has not’’ for ‘‘which has been classified as a public road and has not’’ in first sentence. 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 pub- licly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substan- tial public benefits.’’ for ‘‘owned.’’ 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 pro- gram. 1995—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 other- wise provided in this paragraph, the Federal share pay- able for construction of a highway, bridge, tunnel, or approach thereto or conversion of a highway, bridge, or Page 151 TITLE 23—HIGHWAYS § 129 tunnel to a toll facility under this subsection shall be such percentage as the State determines but not to ex- ceed 50 percent. The Federal share payable for con- struction of a new bridge, tunnel, or approach thereto or for reconstruction or replacement of a bridge, tun- nel, 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 re- constructing 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 Inter- modal Surface Transportation Efficiency Act of 1991).’’ 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 Fed- eral share of a toll project under this section to a pub- lic or private agency constructing a toll facility. Such loan may be made only after all Federal environmental requirements have been complied with and permits ob- tained. 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 pursu- ant to this section may be obligated for projects eligi- ble 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 repay- ment. 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 sec- tion may be obligated for any purpose for which the loaned funds were available. The Secretary shall estab- lish procedures and guidelines for making such loans.’’ 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’’. 1992—Subsec. (b). Pub. L. 102–388, § 410(1), which di- rected 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 sec- tion 103(b) or (c) of this title as a part of one of the Fed- eral-aid systems’’ to reflect the probable intent of Con- gress. Subsec. (c)(2). Pub. L. 102–388, § 410(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘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.’’ 1991—Subsec. (a). Pub. L. 102–240, § 1012(a), amended subsec. (a) generally, substituting present provisions for provisions authorizing Federal participation in con- struction or acquisition of toll bridges, tunnels and ap- proaches, provided that facility was publicly owned and operated by State or public authority, and State or au- thority 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 con- struction 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. Subsec. (b). Pub. L. 102–240, § 1012(c)(1), (2), redesig- nated 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, au- thorized expenditure of Federal-aid highway funds on toll roads after they became toll-free, and required agreements between Secretary and State highway de- partments on construction of Interstate projects to for- bid construction of toll roads, but not toll bridges and tunnels, on interstate highway route without official concurrence of Secretary, after June 30, 1968. Subsec. (c). Pub. L. 102–240, § 1012(c), redesignated sub- sec. (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 rea- sonable rate of return’’ before period at end, and struck out former subsec. (c) which made available funds au- thorized for expenditure on Federal-aid highway sys- tems for projects approaching toll roads, bridges or tunnels up to point where project had use irrespective of use for toll road, bridge or tunnel. Subsec. (d). Pub. L. 102–240, § 1012(c)(1), (2), redesig- nated 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 agree- ment was reached that section of toll road would be- come 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 pe- riod of toll collection, and that there was a reasonably satisfactory alternative free route available to bypass toll section. Subsec. (e). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (e) which authorized Secretary to permit Fed- eral participation in reconstruction and improvement of two-lane toll road designated as part of the Inter- state 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 indebted- ness 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. Subsecs. (f), (g). Pub. L. 102–240, § 1012(c)(2), redesig- nated subsecs. (f) and (g) as (b) and (c), respectively. 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 subdivi- sion, 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 al- ready attributable to Federal funds) or amount by which principal amount of outstanding unpaid bonds issued for construction or acquisition of bridge exceed- ed amount accumulated for their amortization, on date bridge became free to public. Subsec. (i). Pub. L. 102–240, § 1012(c)(1), struck out sub- sec. (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 stud- ies, etc., to determine whether privately owned toll bridges should be acquired by a State or subdivision. Subsec. (j). Pub. L. 102–240, § 1012(c)(2), redesignated subsec. (j) as (d). Subsec. (k). Pub. L. 102–240, § 1012(c)(1), struck out subsec. (k) which required operators of toll roads, tun- nels, ferries and bridges on Federal-aid highway system to biennially certify to Governor of State that facili- ties 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 bi- ennially to Secretary on facilities required to so cer- tify. 1988—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. 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’’. Page 152 TITLE 23—HIGHWAYS § 129 Subsec. (j)(10). Pub. L. 100–457, § 326(2), added par. (10). 1987—Subsec. (j). Pub. L. 100–17, § 120(a), added subsec. (j). 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. 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 sub- stituting ‘‘(9)’’ for ‘‘(7)’’ was executed by substituting ‘‘9’’ for ‘‘7’’ as the probable intent of Congress. 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 Penn- sylvania’’ 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 high- way corridor to relieve congestion on existing inter- state routes in such County.’’ Subsec. (k). Pub. L. 100–17, § 120(b), added subsec. (k). 1978—Subsec. (i). Pub. L. 95–599 added subsec. (i). 1976—Subsec. (g)(5). Pub. L. 94–280 authorized ferry operations within the islands which comprise the Com- monwealth of Puerto Rico and excepted ferry oper- ations between the islands which comprise the Com- monwealth of Puerto Rico from the prohibition of ferry operations in foreign or international waters. 1975—Subsec. (g)(5). Pub. L. 93–643 substituted ‘‘oper- ations between the islands which comprise the State of Hawaii and operations between any two points in Alas- ka 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’’. 1973—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 Sys- tem 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. 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’’. 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 ‘‘(includ- ing the islands which comprise the State of Hawaii)’’ after ‘‘within the State’’, and excepted operations be- tween the islands which comprise the State of Hawaii and operations between the States of Alaska and Wash- ington, or between any two points within the State of Alaska from the prohibition against ferry operations in foreign or international waters. Subsec. (h). Pub. L. 93–87, § 132, added subsec. (h). 1972—Subsec. (a)(3). Pub. L. 92–434 substituted ‘‘or’’ for ‘‘and’’ making text read ‘‘maintained or operated’’, and required domestic and foreign tolls for inter- national bridges, and that the tolls be limited to amount necessary for maintenance, repair, and oper- ation thereof. 1970—Subsec. (e). Pub. L. 91–605, § 133, added subsec. (e). Former subsec. (e), pertaining to ferry approaches, redesignated (f). Subsec. (f). Pub. L. 91–605, §§ 133, 139, redesignated sub- sec. (e), relating to ferry approaches, as (f) and added a second subsec. (f) relating to ferry boats. 1968—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 ap- proval of the Secretary is required, with an affirmative finding that the construction of the road as a toll facil- ity rather than a toll-free facility is in the public inter- est, but with such limitation on the construction of toll facilities not to extend to toll bridges and tunnels. 1960—Pub. L. 86–657, § 5(b), included ferries in section catchline. Subsec. (c). Pub. L. 86–657, § 8(a), struck out ‘‘under prior Acts’’ after ‘‘Funds authorized’’. Subsec. (e). Pub. L. 86–657, § 5(a), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. 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 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. ELECTRONIC TOLL COLLECTION INTEROPERABILITY REQUIREMENTS Pub. L. 112–141, div. A, title I, § 1512(b), July 6, 2012, 126 Stat. 572, provided that: ‘‘Not later than 4 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termi- nation Dates of 2012 Amendment notes under section 101 of this title], all toll facilities on the Federal-aid highways shall implement technologies or business practices that provide for the interoperability of elec- tronic toll collection programs.’’ EXPRESS LANES DEMONSTRATION PROGRAM Pub. L. 109–59, title I, § 1604(b), Aug. 10, 2005, 119 Stat. 1250, as amended by Pub. L. 114–94, div. A, title I, § 1419(b), Dec. 4, 2015, 129 Stat. 1423, provided that: ‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply: ‘‘(A) ELIGIBLE TOLL FACILITY.—The term ‘eligible toll facility’ includes— ‘‘(i) a facility in existence on the date of enact- ment of this Act [Aug. 10, 2005] that collects tolls; ‘‘(ii) a facility in existence on the date of enact- ment of this Act that serves high occupancy vehi- cles; ‘‘(iii) a facility modified or constructed after the date of enactment of this Act to create additional Page 153 TITLE 23—HIGHWAYS § 129 tolled lane capacity (including a facility con- structed by a private entity or using private funds); and ‘‘(iv) in the case of a new lane added to a pre- viously non-tolled facility, only the new lane. ‘‘(B) NONATTAINMENT AREA.—The term ‘nonattain- ment area’ has the meaning given that term in sec- tion 171 of the Clean Air Act (42 U.S.C. 7501). ‘‘(2) DEMONSTRATION PROGRAM.—Notwithstanding sec- tions 129 and 301 of title 23, United States Code, the Secretary [of Transportation] shall carry out 15 dem- onstration projects during the period of fiscal years 2005 through 2009 to permit States, public authorities, or a [sic] public or private entities designated by States, to collect a toll from motor vehicles at an eligi- ble toll facility for any highway, bridge, or tunnel, in- cluding facilities on the Interstate System— ‘‘(A) to manage high levels of congestion; ‘‘(B) to reduce emissions in a nonattainment area or maintenance area; or ‘‘(C) to finance the expansion of a highway, for the purpose of reducing traffic congestion, by con- structing one or more additional lanes (including bridge, tunnel, support, and other structures nec- essary for that construction) on the Interstate Sys- tem. ‘‘(3) LIMITATION ON USE OF REVENUES.— ‘‘(A) USE.— ‘‘(i) IN GENERAL.—Toll revenues received under paragraph (2) shall be used by a State, public au- thority, or private entity designated by a State, for— ‘‘(I) debt service; ‘‘(II) a reasonable return on investment of any private financing; ‘‘(III) the costs necessary for proper operation and maintenance of any facilities under para- graph (2) (including reconstruction, resurfacing, restoration, and rehabilitation); or ‘‘(IV) if the State, public authority, or private entity annually certifies that the tolled facility is being adequately operated and maintained, any other purpose relating to a highway or transit project carried out under title 23 or 49, United States Code. ‘‘(B) REQUIREMENTS.— ‘‘(i) VARIABLE PRICE REQUIREMENT.—A facility that charges tolls under this subsection may estab- lish a toll that varies in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality. ‘‘(ii) HOV VARIABLE PRICING REQUIREMENT.—The Secretary [of Transportation] shall require, for each high occupancy vehicle facility that charges tolls under this subsection, that the tolls vary in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality. ‘‘(iii) HOV PASSENGER REQUIREMENTS.—Pursuant to section 166 of title 23, United States Code, a State may permit motor vehicles with fewer than two occupants to operate in high occupancy vehicle lanes as part of a variable toll pricing program es- tablished under this subsection. ‘‘(C) AGREEMENT.— ‘‘(i) IN GENERAL.—Before the Secretary may per- mit a facility to charge tolls under this subsection, the Secretary and the applicable State, public au- thority, or private entity designated by a State shall enter into an agreement for each facility in- corporating the conditions described in subpara- graphs (A) and (B). ‘‘(ii) TERMINATION.—An agreement under clause (i) shall terminate with respect to a facility upon the decision of the State, public authority, or pri- vate entity designated by a State to discontinue the variable tolling program under this subsection for the facility. ‘‘(iii) DEBT.—If there is any debt outstanding on a facility at the time at which the decision is made to discontinue the program under this subsection with respect to the facility, the facility may con- tinue to charge tolls in accordance with the terms of the agreement until such time as the debt is re- tired. ‘‘(D) LIMITATION ON FEDERAL SHARE.—The Federal share of the cost of a project on a facility tolled under this subsection, including a project to install the toll collection facility shall be a percentage, not to exceed 80 percent, determined by the applicable State. ‘‘(4) ELIGIBILITY.—To be eligible to participate in the program under this subsection, a State, public author- ity, or private entity designated by a State shall pro- vide to the Secretary [of Transportation]— ‘‘(A) a description of the congestion or air quality problems sought to be addressed under the program; ‘‘(B) a description of— ‘‘(i) the goals sought to be achieved under the program; and ‘‘(ii) the performance measures that would be used to gauge the success made toward reaching those goals; and ‘‘(C) such other information as the Secretary may require. ‘‘(5) AUTOMATION.—Fees collected from motorists using an express lane shall be collected only through the use of noncash electronic technology that opti- mizes the free flow of traffic on the tolled facility. ‘‘(6) INTEROPERABILITY.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Sec- retary [of Transportation] shall promulgate a final rule specifying requirements, standards, or perform- ance specifications for automated toll collection sys- tems implemented under this section [enacting provi- sions set out as a note under this section and amend- ing provisions set out as a note under section 149 of this title]. ‘‘(B) DEVELOPMENT.—In developing that rule, which shall be designed to maximize the interoperability of electronic collection systems, the Secretary shall, to the maximum extent practicable— ‘‘(i) seek to accelerate progress toward the na- tional goal of achieving a nationwide interoperable electronic toll collection system; ‘‘(ii) take into account the use of noncash elec- tronic technology currently deployed within an ap- propriate geographical area of travel and the noncash electronic technology likely to be in use within the next 5 years; and ‘‘(iii) seek to minimize additional costs and maxi- mize convenience to users of toll facility and to the toll facility owner or operator. ‘‘(7) REPORTING.— ‘‘(A) IN GENERAL.—The Secretary [of Transpor- tation], in cooperation with State and local agencies and other program participants and with opportunity for public comment, shall— ‘‘(i) develop and publish performance goals for each express lane project; ‘‘(ii) establish a program for regular monitoring and reporting on the achievement of performance goals, including— ‘‘(I) effects on travel, traffic, and air quality; ‘‘(II) distribution of benefits and burdens; ‘‘(III) use of alternative transportation modes; and ‘‘(IV) use of revenues to meet transportation or impact mitigation needs. ‘‘[(B) Repealed. Pub. L. 114–94, div. A, title I, § 1419(b), Dec. 4, 2015, 129 Stat. 1423.]’’ INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM Pub. L. 114–94, div. A, title I, § 1411(d), Dec. 4, 2015, 129 Stat. 1416, provided that: ‘‘The Secretary [of Transporation] may approve an application submitted under section 1604(c) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1253) [set out as a note below] if the ap- Page 154 TITLE 23—HIGHWAYS § 129 plication, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.’’ Pub. L. 109–59, title I, § 1604(c), Aug. 10, 2005, 119 Stat. 1253, provided that: ‘‘(1) ESTABLISHMENT.—The Secretary [of Transpor- tation] shall establish and implement an Interstate System construction toll pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State or an interstate compact of States to collect tolls on a high- way, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways. ‘‘(2) LIMITATION ON NUMBER OF FACILITIES.—The Sec- retary [of Transportation] may permit the collection of tolls under this section on three facilities on the Inter- state System. ‘‘(3) ELIGIBILITY.—To be eligible to participate in the pilot program, a State shall submit to the Secretary [of Transportation] an application that contains, at a min- imum, the following: ‘‘(A) An identification of the facility on the Inter- state System proposed to be a toll facility. ‘‘(B) In the case of a facility that affects a metro- politan area, an assurance that the metropolitan planning organization designated under section 134 or 135 for the area has been consulted concerning the placement and amount of tolls on the facility. ‘‘(C) An analysis demonstrating that financing the construction of the facility with the collection of tolls under the pilot program is the most efficient and economical way to advance the project. ‘‘(D) A facility management plan that includes— ‘‘(i) a plan for implementing the imposition of tolls on the facility; ‘‘(ii) a schedule and finance plan for the construc- tion of the facility using toll revenues; ‘‘(iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; ‘‘(iv) a description of whether consideration will be given to privatizing the maintenance and oper- ational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and ‘‘(v) such other information as the Secretary may require. ‘‘(4) SELECTION CRITERIA.—The Secretary [of Trans- portation] may approve the application of a State under paragraph (3) only if the Secretary determines that— ‘‘(A) the State’s analysis under paragraph (3)(C) is reasonable; ‘‘(B) the State plan for implementing tolls on the facility takes into account the interests of local, re- gional, and interstate travelers; ‘‘(C) the State plan for construction of the facility using toll revenues is reasonable; ‘‘(D) the State will develop, manage, and maintain a system that will automatically collect the tolls; and ‘‘(E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway sys- tem meeting criteria for the Interstate System. ‘‘(5) PROHIBITION ON NONCOMPETE AGREEMENTS.—Be- fore the Secretary [of Transportation] may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agree- ment with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address con- ditions resulting from traffic diverted to such roads from the toll facility, including— ‘‘(A) excessive congestion; ‘‘(B) pavement wear; and ‘‘(C) an increased incidence of traffic accidents, in- juries, or fatalities. ‘‘(6) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the Secretary [of Transportation] may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that pro- vides that— ‘‘(A) all toll revenues received from operation of the toll facility will be used only for— ‘‘(i) debt service; ‘‘(ii) reasonable return on investment of any pri- vate person financing the project; and ‘‘(iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and ‘‘(B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary. ‘‘(7) LIMITATION ON USE OF INTERSTATE MAINTENANCE FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under [former] section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. ‘‘(8) PROGRAM TERM.—The Secretary [of Transpor- tation] may approve an application of a State for per- mission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of en- actment of this Act [Aug. 10, 2005]. ‘‘(9) INTERSTATE SYSTEM DEFINED.—In this section, the term ‘Interstate System’ has the meaning such term has under section 101 of title 23, United States Code.’’ NATIONAL FERRY DATABASE Pub. L. 109–59, title I, § 1801(e), Aug. 10, 2005, 119 Stat. 1456, as amended by Pub. L. 112–141, div. A, title I, § 1121(b), July 6, 2012, 126 Stat. 494; Pub. L. 114–94, div. A, title I, § 1112(b), Dec. 4, 2015, 129 Stat. 1346, provided that: ‘‘(1) ESTABLISHMENT.—The Secretary [of Transpor- tation], acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database. ‘‘(2) CONTENTS.—The database shall contain current information regarding ferry systems, including infor- mation regarding routes, vessels, passengers and vehi- cles carried, funding sources, including any Federal, State, and local government funding sources, and such other information as the Secretary considers useful. ‘‘(3) UPDATE REPORT.—Using information collected through the database, the Secretary shall periodically modify as appropriate the report submitted under sec- tion 1207(c) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (23 U.S.C. 129 note; 112 Stat. 185–186). ‘‘(4) REQUIREMENTS.—The Secretary shall— ‘‘(A) compile the database not later than 1 year after the date of enactment of this Act [Aug. 10, 2005] and update the database every 2 years thereafter; ‘‘(B) ensure that the database is easily accessible to the public; ‘‘(C) ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and ‘‘(D) make available, from the amounts made avail- able for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the data- base.’’ FERRY TRANSPORTATION STUDY Pub. L. 105–178, title I, § 1207(c), June 9, 1998, 112 Stat. 185, provided that: ‘‘(1) IN GENERAL.—The Secretary shall conduct a study of ferry transportation in the United States and its possessions— ‘‘(A) to identify existing ferry operations, includ- ing— ‘‘(i) the locations and routes served; and ‘‘(ii) the source and amount, if any, of funds de- rived from Federal, State, or local government Page 155 TITLE 23—HIGHWAYS § 129 sources supporting ferry construction or oper- ations; ‘‘(B) to identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes; and ‘‘(C) to identify the potential for use of high-speed ferry services and alternative-fueled ferry services. ‘‘(2) REPORT.—The Secretary shall submit a report on the results of the study to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Environment and Public Works of the Senate.’’ INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM Pub. L. 105–178, title I, § 1216(b), June 9, 1998, 112 Stat. 212, as amended by Pub. L. 114–94, div. A, title I, § 1411(c), Dec. 4, 2015, 129 Stat. 1415, provided that: ‘‘(1) ESTABLISHMENT.—The Secretary shall establish and implement an Interstate System reconstruction and rehabilitation pilot program under which the Sec- retary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate Sys- tem for the purpose of reconstructing and rehabili- tating Interstate highway corridors that could not oth- erwise be adequately maintained or functionally im- proved without the collection of tolls. ‘‘(2) LIMITATION ON NUMBER OF FACILITIES.—The Sec- retary may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. Each of such facilities shall be located in a different State. ‘‘(3) ELIGIBILITY.—To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the fol- lowing: ‘‘(A) An identification of the facility on the Inter- state System proposed to be a toll facility, including the age, condition, and intensity of use of the facil- ity. ‘‘(B) In the case of a facility that affects a metro- politan area, an assurance that the metropolitan planning organization established under section 134 of title 23, United States Code, for the area has been consulted concerning the placement and amount of tolls on the facility. ‘‘(C) An analysis demonstrating that the facility could not be maintained or improved to meet current or future needs from the State’s apportionments and allocations made available by this Act [see Tables for classification] (including amendments made by this Act) and from revenues for highways from any other source without toll revenues. ‘‘(D) A facility management plan that includes— ‘‘(i) a plan for implementing the imposition of tolls on the facility; ‘‘(ii) a schedule and finance plan for the recon- struction or rehabilitation of the facility using toll revenues; ‘‘(iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; ‘‘(iv) a description of whether consideration will be given to privatizing the maintenance and oper- ational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and ‘‘(v) such other information as the Secretary may require. ‘‘(4) SELECTION CRITERIA.—The Secretary may ap- prove the application of a State under paragraph (3) only if the Secretary determines that— ‘‘(A) the State is unable to reconstruct or rehabili- tate the proposed toll facility using existing appor- tionments; ‘‘(B) the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls; ‘‘(C) the State plan for implementing tolls on the facility takes into account the interests of local, re- gional, and interstate travelers; ‘‘(D) the State plan for reconstruction or rehabili- tation of the facility using toll revenues is reason- able; ‘‘(E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway sys- tem meeting criteria for the Interstate System; and ‘‘(F) the State has the authority required for the project to proceed. ‘‘(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that— ‘‘(A) all toll revenues received from operation of the toll facility will be used only for— ‘‘(i) debt service; ‘‘(ii) reasonable return on investment of any pri- vate person financing the project; and ‘‘(iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and ‘‘(B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary. ‘‘(6) REQUIREMENTS FOR PROJECT COMPLETION.— ‘‘(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL APPLICATION.—An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not— ‘‘(i) submitted a complete application to the Sec- retary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (4); ‘‘(ii) completed the environmental review and permitting process under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project; and ‘‘(iii) executed a toll agreement with the Sec- retary. ‘‘(B) EXCEPTIONS TO EXPIRATION.—Notwithstanding subparagraph (A), the Secretary may extend the pro- visional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by— ‘‘(i) substantial progress in completing the envi- ronmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(ii) funding and financing commitments for the pilot project; ‘‘(iii) expressions of support for the pilot project from State and local governments, community in- terests, and the public; and ‘‘(iv) submission of a facility management plan pursuant to paragraph (3)(D). ‘‘(C) CONDITIONS FOR PREVIOUSLY PROVISIONALLY AP- PROVED APPLICATIONS.—A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act [Dec. 4, 2015] shall have 1 year after that date of enactment to meet the requirements of subparagraph (A) or receive an exten- sion from the Secretary under subparagraph (B), or the application will expire. ‘‘(7) DEFINITION.—In this subsection, the term ‘provi- sional approval’ or ‘provisionally approved’ means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program. ‘‘(8) LIMITATION ON USE OF INTERSTATE MAINTENANCE FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under [former] section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. ‘‘(9) PROGRAM TERM.—The Secretary shall conduct the pilot program under this subsection for a term to be de- termined by the Secretary, but not less than 10 years. Page 156 TITLE 23—HIGHWAYS § 130 ‘‘(10) INTERSTATE SYSTEM DEFINED.—In this sub- section, the term ‘Interstate System’ has the meaning such term has under section 101 of title 23, United States Code.’’ CONTINUATION OF EXISTING AGREEMENTS Pub. L. 102–240, title I, § 1012(d), Dec. 18, 1991, 105 Stat. 1939, provided that: ‘‘Unless modified under section 129(a)(6) [now 129(a)(5)] of such title [this title], as amended by subsection (a) of this section, agreements entered into under section 119(e) or 129 of such title be- fore the effective date of this title [Dec. 18, 1991] and in effect on the day before such effective date shall con- tinue in effect on and after such effective date in ac- cordance with the provisions of such agreement and such section 119(e) or 129.’’ CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES Pub. L. 102–240, title I, § 1064, Dec. 18, 1991, 105 Stat. 2005, as amended by Pub. L. 102–388, title III, § 332, Oct. 6, 1992, 106 Stat. 1550; Pub. L. 105–178, title I, § 1207(b), June 9, 1998, 112 Stat. 185, which directed the Secretary to carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c) of this title, was repealed by Pub. L. 109–59, title I, § 1801(c), Aug. 10, 2005, 119 Stat. 1456. See section 147 of this title. STUDY TO DETERMINE EXTENT OF BONDED INDEBTED- NESS OF STATES FOR CONSTRUCTION OF TOLL ROADS INCORPORATED INTO INTERSTATE SYSTEM Pub. L. 95–599, title I, § 164, Nov. 6, 1978, 92 Stat. 2721, as amended by Pub. L. 96–106, § 16, Nov. 19, 1979, 93 Stat. 798, directed Secretary of Transportation to report not later than July 1, 1980, respecting extent of outstanding bonded indebtedness for each State as of Jan. 1, 1979, incurred by each State or public authority prior to June 29, 1956, for road construction or portions incor- porated within Interstate System, and methods of allo- cating bonded indebtedness and removal of toll provi- sions. RICHMOND-PETERSBURG TURNPIKE Pub. L. 91–605, title I, § 131, Dec. 31, 1970, 84 Stat. 1732, provided that: ‘‘The Secretary of Transportation is au- thorized to amend any agreement heretofore entered into under the provisions of section 129(d) of title 23, United States Code, in order to permit the continu- ation of tolls on the existing Richmond-Petersburg Turnpike to finance the construction within the exist- ing termini of such turnpike of two lanes thereon in ad- dition to the lanes in existence on the date of enact- ment of this section [Dec. 31, 1970] 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 con- struction costs, and the costs of maintenance, oper- ation, and debt service during the period of toll collec- tions 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 [Dec. 31, 1970] issued for construction of such turnpike having the latest maturity date.’’ § 130. Railway-highway crossings (a) Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of rail- way-highway crossings, including the separation or protection of grades at crossings, the recon- struction of existing railroad grade crossing structures, the relocation of highways to elimi- nate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with sec- tion 104 of this title. In any case when the elimi- nation of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimi- nation by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to sec- tion 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with section 104 of this title. (b) The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project. (c) Any railroad involved in a project for the elimination of hazards of railway-highway cross- ings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United States may be discharged by direct payment to the State transportation department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such pay- ment may consist in whole or in part of mate- rials and labor furnished by the railroad in con- nection with the construction of such project. If any such railroad fails to discharge such liabil- ity within a six-month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Sec- retary shall request the Attorney General to in- stitute proceedings against such railroad for the recovery of the amount for which it is liable under this subsection. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and ad- judged by the court that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited to miscellaneous receipts. (d) SURVEY AND SCHEDULE OF PROJECTS.—Each State shall conduct and systematically main- tain a survey of all highways to identify those railroad crossings which may require separa- tion, relocation, or protective devices, and es- tablish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings. (e) FUNDS FOR RAILWAY-HIGHWAY GRADE CROSSINGS.— (1) IN GENERAL.— (A) SET ASIDE.—Before making an appor- tionment under section 104(b)(3) for a fiscal