23 U.S.C. § 146 — Carpool and vanpool projects

Page 237 TITLE 23—HIGHWAYS § 146 tion 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted. 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. § 146. Carpool and vanpool projects (a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air qual- ity, and enhance the use of existing highways and parking facilities, the Secretary may ap- prove for Federal financial assistance from funds apportioned under section 104(b)(2) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the term ‘‘carpool’’ includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling oppor- tunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools. (b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provi- sions which the Secretary determines are incon- sistent with this section. (Added Pub. L. 95–599, title I, § 126(a), Nov. 6, 1978, 92 Stat. 2705; amended Pub. L. 105–178, title I, § 1103(l)(1), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1105(b), July 6, 2012, 126 Stat. 432.) Editorial Notes PRIOR PROVISIONS A prior section 146, Pub. L. 93–87, title I, § 125(a), Aug. 13, 1973, 87 Stat. 262, related to a special urban high den- sity traffic program, prior to repeal by Pub. L. 94–280, title I, § 128(a), May 5, 1976, 90 Stat. 440. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141 substituted ‘‘section 104(b)(2)’’ for ‘‘sections 104(b)(1) and 104(b)(3)’’. 1998—Subsec. (a). Pub. L. 105–178 substituted ‘‘sec- tions 104(b)(1) and 104(b)(3)’’ for ‘‘sections 104(b)(1), 104(b)(2), and 104(b)(6)’’. 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. USE OF HIGH OCCUPANCY LANES Pub. L. 97–424, title I, § 163, Jan. 6, 1983, 96 Stat. 2136, as amended by Pub. L. 100–17, title I, § 133(a)(4), (5), Apr. 2, 1987, 101 Stat. 170, 171; Pub. L. 102–240, title I, § 1056, Dec. 18, 1991, 105 Stat. 2002, provided that: ‘‘Notwith- standing any other provision of this Act or any other law, no funds apportioned or allocated to a State for Federal-aid highways shall be obligated for a project for constructing, resurfacing, restoring, rehabilitating, or reconstructing a Federal-aid highway which has a lane designated as a carpool lane unless the use of such lane includes use by motorcycles. Upon certification by the State to the Secretary of Transportation, after no- tice in the Federal Register and an opportunity for public comment, and acceptance of such certification by the Secretary, the State may restrict such use by motorcycles if such use would create a safety hazard. Any certification made before the date of the enact- ment of the Intermodal Surface Transportation Effi- ciency Act of 1991 [Dec. 18, 1991] shall not be recognized by the Secretary until the Secretary publishes notice of such certification in the Federal Register and pro- vides an opportunity for public comment on such cer- tification.’’ EXPENDITURE OF ADMINISTRATIVE FUNDS FOR CARPOOLING AND VANPOOLING PROGRAMS Pub. L. 97–424, title I, § 123(b), Jan. 6, 1983, 96 Stat. 2113, directed the Secretary of Transportation to ex- pend necessary sums out of the administrative funds authorized by section 104(a) of this title to carry out section 126(d) of Pub. L. 95–599, set out below. GRANTS TO STATES, COUNTIES, ETC., TO PROMOTE CARPOOLING AND VANPOOLING PROGRAMS Pub. L. 95–599, title I, § 126(d)–(h), Nov. 6, 1978, 92 Stat. 2706, 2707, as amended by Pub. L. 102–240, title III, § 3004(b), Dec. 18, 1991, 105 Stat. 2088, provided that: ‘‘(d) It is hereby declared to be national policy that special effort should be made to promote commuter modes of transportation which conserve energy, reduce pollution, and reduce traffic congestion. The Secretary is directed to assist both public and private employers and employees who wish to establish carpooling and vanpooling programs where they are needed and de- sired, and to assist local and State governments, and their instrumentalities, in encouraging such modes by removing legal and regulatory barriers to such pro- grams, supporting existing carpooling and vanpooling programs, and providing technical assistance, for the purpose of increasing participation in such modes. ‘‘(e) The Secretary of Transportation is authorized to make grants and loans to States, counties, municipali- ties, metropolitan planning organizations, and other units of local and regional government consistent with the policy of subsection (d) of this section. Such grants and loans shall be awarded in a manner which empha- sizes energy conservation, although the Secretary may use other factors as he deems appropriate. The Federal share of the costs of any project approved under this subsection shall not exceed 75 per centum. No grant awarded under this subsection may be used for the pur- chase or lease of vehicles. ‘‘(f) There is hereby authorized to be appropriated, out of the Highway Trust Fund, not to exceed $1,000,000 for the fiscal year ending September 30, 1979, $1,000,000 for the fiscal year ending September 30, 1980, and $1,000,000 for the fiscal year ending September 30, 1981, for expenditures incurred by the Secretary of Transpor- tation in carrying out the provisions of subsection (d) of this section, and $3,000,000 for the fiscal year ending September 30, 1979, and $9,000,000 for the fiscal year end- ing September 30, 1980, for the purpose of carrying out the program described in subsection (e) of this section. ‘‘(g) The Secretary of Transportation shall not ap- prove any project under subsection (d) or (e) of this sec- tion or under section 146 of title 23, United States Code; which will have an adverse effect on any mass transpor- tation system. ‘‘(h) The Secretary of Transportation is directed to study the administrative effectiveness of carpooling and vanpooling programs within the Department of Transportation, including programs of the Federal Highway Administration, the Federal Transit Adminis- tration, and the Office of the Secretary. Such study shall be completed no later than September 30, 1979. Upon completion of such study, the Secretary shall propose a plan to centralize or modify such programs to make delivery of services and grants more efficient, Page 238 TITLE 23—HIGHWAYS § 147 more cost-effective, and to avoid duplication of effort. Such plan shall list statutory changes needed to imple- ment such a plan, which shall be sent to Congress no later than March 30, 1980.’’ [‘‘Federal Transit Administration’’ substituted for ‘‘Urban Mass Transit Administration’’ in section 126(h) of Pub. L. 95–599, set out above, pursuant to section 3004(a) of Pub. L. 102–240, set out as a note under sec- tion 107 of Title 49, Transportation.] FEDERAL FACILITY RIDESHARING PROGRAM For provisions relating to the Federal Facilities Ridesharing Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set out as a note under section 6361 of Title 42, The Public Health and Welfare. § 147. Construction of ferry boats and ferry ter- minal facilities (a) PROGRAM.—The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with sec- tion 129(c). (b) FEDERAL SHARE.—The Federal share of the cost of construction of ferry boats, ferry termi- nals, and ferry maintenance facilities under this section shall be 80 percent. (c) DISTRIBUTION OF FUNDS.—Of the amounts made available to ferry systems and public enti- ties responsible for developing ferries under this section for a fiscal year, 100 percent shall be al- located in accordance with the formula set forth in subsection (d). (d) FORMULA.—Of the amounts allocated under subsection (c)— (1) 35 percent shall be allocated among eligi- ble entities in the proportion that— (A) the number of ferry passengers, includ- ing passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to (B) the number of ferry passengers, includ- ing passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available; (2) 35 percent shall be allocated among eligi- ble entities in the proportion that— (A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to (B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and (3) 30 percent shall be allocated among eligi- ble entities in the proportion that— (A) the total route nautical miles serviced by each ferry system in the most recent cal- endar year for which data is available; bears to (B) the total route nautical miles serviced by all ferry systems in the most recent cal- endar year for which data is available. (e) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The Secretary shall— (1) withdraw amounts allocated to an eligi- ble entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and (2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in ac- cordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1). (f) MINIMUM AMOUNT.—Notwithstanding sub- section (c), a State with an eligible entity that meets the requirements of this section shall re- ceive not less than $100,000 under this section for a fiscal year. (g) IMPLEMENTATION.— (1) DATA COLLECTION.— (A) NATIONAL FERRY DATABASE.—Amounts made available for a fiscal year under this section shall be allocated using the most re- cent data available, as collected and im- puted in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note). (B) ELIGIBILITY FOR FUNDING.—To be eligi- ble to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State. (2) ADJUSTMENTS.—On review of the data submitted under paragraph (1)(B), the Sec- retary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data. (h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Tran- sit Account) to carry out this section— (1) $110,000,000 for fiscal year 2022; (2) $112,000,000 for fiscal year 2023; (3) $114,000,000 for fiscal year 2024; (4) $116,000,000 for fiscal year 2025; and (5) $118,000,000 for fiscal year 2026. (i) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b), funds made available to carry out this section shall remain available until ex- pended. (j) APPLICABILITY.—All provisions of this chap- ter that are applicable to the National Highway System, other than provisions relating to appor- tionment formula and Federal share, shall apply to funds made available to carry out this sec- tion, except as determined by the Secretary to be inconsistent with this section. (k) ADDITIONAL USES.—Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this sec- tion to pay the operating costs of the eligible entity. (Added Pub. L. 93–87, title I, § 126(a), Aug. 13, 1973, 87 Stat. 263; amended Pub. L. 94–280, title I, § 130, May 5, 1976, 90 Stat. 440; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1801(a), Aug. 10, 2005, 119 Stat. 1455; Pub. L. 112–141, div. A, title I, § 1121(a), July 6, 2012, 126 Stat. 493; Pub. L. 114–94, div. A, title I, § 1112(a), Dec. 4, 2015, 129 Stat. 1345; Pub. L. 117–58, div. A, title I, § 11121, div. G, title XI, § 71103(g)(1), Nov. 15, 2021, 135 Stat. 497, 1326.) Editorial Notes AMENDMENTS 2021—Subsec. (h). Pub. L. 117–58, § 11121, added subsec. (h) and struck out former subsec. (h). Prior to amend-