§ 129. — Toll roads, bridges, tunnels, and ferries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC129]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.--
(1) Authorization for federal participation.--Notwithstanding
section 301 of this title and subject to the provisions of this
section, the Secretary shall permit Federal participation in--
(A) initial construction of a toll highway, bridge, or
tunnel (other than a highway, bridge, or tunnel on the
Interstate System) or approach thereto;
(B) reconstructing, resurfacing, restoring, and
rehabilitating a toll highway, bridge, or tunnel (including a
toll highway, bridge, or tunnel subject to an agreement entered
into under this section or section 119(e) as in effect on the
day before the date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991) or approach thereto;
(C) reconstruction or replacement of a toll-free bridge or
tunnel and conversion of the bridge or tunnel to a toll
facility;
(D) reconstruction of a toll-free Federal-aid highway (other
than a highway on the Interstate System) and conversion of the
highway to a toll facility; and
(E) preliminary studies to determine the feasibility of a
toll facility for which Federal participation is authorized
under subparagraph (A), (B), (C), or (D);
on the same basis and in the same manner as in the construction of
free highways under this chapter.
(2) Ownership.--Each highway, bridge, tunnel, or approach
thereto constructed under this subsection must--
(A) be publicly owned, or
(B) be privately owned if the public authority having
jurisdiction over the highway, bridge, tunnel, or approach has
entered into a contract with a private person or persons to
design, finance, construct, and operate the facility and the
public authority will be responsible for complying with all
applicable requirements of this title with respect to the
facility.
(3) Limitations on use of revenues.--Before the Secretary may
permit Federal participation under this subsection in construction
of a highway, bridge, or tunnel located in a State, the public
authority (including the State transportation department) having
jurisdiction over the highway, bridge, or tunnel must enter into an
agreement with the Secretary which provides that all toll revenues
received from operation of the toll facility will be used first for
debt service, for reasonable return on investment of any private
person financing the project, and for the costs necessary for the
proper operation and maintenance of the toll facility, including
reconstruction, resurfacing, restoration, and rehabilitation. If the
State certifies annually that the tolled facility is being
adequately maintained, the State may use any toll revenues in excess
of amounts required under the preceding sentence for any purpose for
which Federal funds may be obligated by a State under this title.
(4) Special rule for funding.--In the case of a toll highway,
bridge, or tunnel under the jurisdiction of a public authority of a
State (other than the State transportation department), upon request
of the State transportation department and subject to such terms and
conditions as such department and public authority may agree, the
Secretary shall reimburse such public authority for the Federal
share of the costs of construction of the project carried out on the
toll facility under this subsection in the same manner and to the
same extent as such department would be reimbursed if such project
was being carried out by such department. The reimbursement of funds
under this paragraph shall be from sums apportioned to the State
under this chapter and available for obligations on projects on the
Federal-aid system in such State on which the project is being
carried out.
(5) Limitation on federal share.--The Federal share payable for
a project described in paragraph (1) shall be a percentage
determined by the State but not to exceed 80 percent.
(6) Modifications.--If a public authority (including a State
transportation department) having jurisdiction over a toll highway,
bridge, or tunnel subject to an agreement under this section or
section 119(e), as in effect on the day before the effective date of
title I of the Intermodal Surface Transportation Efficiency Act of
1991, requests modification of such agreement, the Secretary shall
modify such agreement to allow the continuation of tolls in
accordance with paragraph (3) without repayment of Federal funds.
(7) Loans.--
(A) In general.--A State may loan to a public or private
entity constructing or proposing to construct under this section
a toll facility or non-toll facility with a dedicated revenue
source an amount equal to all or part of the Federal share of
the cost of the project if the project has a revenue source
specifically dedicated to it. Dedicated revenue sources for non-
toll facilities include excise taxes, sales taxes, motor vehicle
use fees, tax on real property, tax increment financing, and
such other dedicated revenue sources as the Secretary determines
appropriate.
(B) Compliance with federal laws.--As a condition of
receiving a loan under this paragraph, the public or private
entity that receives the loan shall ensure that the project will
be carried out in accordance with this title and any other
applicable Federal law, including any applicable provision of a
Federal environmental law.
(C) Subordination of debt.--The amount of any loan received
for a project under this paragraph may be subordinated to any
other debt financing for the project.
(D) Obligation of funds loaned.--Funds loaned under this
paragraph may only be obligated for projects under this
paragraph.
(E) Repayment.--The repayment of a loan made under this
paragraph shall commence not later than 5 years after date on
which the facility that is the subject of the loan is open to
traffic.
(F) Term of loan.--The term of a loan made under this
paragraph shall not exceed 30 years from the date on which the
loan funds are obligated.
(G) Interest.--A loan made under this paragraph shall bear
interest at or below market interest rates, as determined by the
State, to make the project that is the subject of the loan
feasible.
(H) Reuse of funds.--Amounts repaid to a State from a loan
made under this paragraph may be obligated--
(i) for any purpose for which the loan funds were
available under this title; and
(ii) for the purchase of insurance or for use as a
capital reserve for other forms of credit enhancement for
project debt in order to improve credit market access or to
lower interest rates for projects eligible for assistance
under this title.
(I) Guidelines.--The Secretary shall establish procedures
and guidelines for making loans under this paragraph.
(8) Initial construction defined.--For purposes of this
subsection, the term ``initial construction'' means the construction
of a highway, bridge, or tunnel at any time before it is open to
traffic and does not include any improvement to a highway, bridge,
or tunnel after it is open to traffic.
(b) Notwithstanding the provisions of section 301 of this title, the
Secretary may permit Federal participation under this title in the
construction of a project constituting an approach to a ferry, whether
toll or free, the route of which is a public road and has not been
designated as a route on the Interstate System. Such ferry may be either
publicly or privately owned and operated, but the operating authority
and the amount of fares charged for passage shall be under the control
of a State agency or official, and all revenues derived from publicly
owned or operated ferries shall be applied to payment of the cost of
construction or acquisition thereof, including debt service, and to
actual and necessary costs of operation, maintenance, repair, and
replacement.
(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, whether toll or free, subject
to the following conditions:
(1) It is not feasible to build a bridge, tunnel, combination
thereof, or other normal highway structure in lieu of the use of
such ferry.
(2) The operation of the ferry shall be on a route classified as
a public road within the State and which has not been designated as
a route on the Interstate System. Projects under this subsection may
be eligible for both ferry boats carrying cars and passengers and
ferry boats carrying passengers only.
(3) Such ferry boat or ferry terminal facility shall be publicly
owned or operated or majority publicly owned if the Secretary
determines with respect to a majority publicly owned ferry or ferry
terminal facility that such ferry boat or ferry terminal facility
provides substantial public benefits.
(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 public entity, and all revenues derived therefrom shall be
applied to actual and necessary costs of operation, maintenance, and
\1\ repair, debt service, negotiated management fees, and, in the
case of a privately operated toll ferry, for a reasonable rate of
return.
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\1\ So in original. The word ``and'' probably should not appear.
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(5) Such ferry may be operated only within the State (including
the islands which comprise the State of Hawaii and the islands which
comprise the Commonwealth of Puerto Rico) or between adjoining
States or between a point in a State and a point in the Dominion of
Canada. Except with respect to operations between the islands which
comprise the State of Hawaii, operations between the islands which
comprise the Commonwealth of Puerto Rico, 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 operation shall be in any foreign or
international waters.
(6) No such ferry shall be sold, leased, or otherwise disposed
of without the approval of the Secretary. The Federal share of any
proceeds from such a disposition shall be credited to the
unprogramed balance of Federal-aid highway funds of the same class
last apportioned to such State. Any amount so credited shall be in
addition to all other funds then apportioned to such State and
available for expenditure in accordance with the provisions of this
title.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-657, Secs. 5,
8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90-495, Sec. 28, Aug.
23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Secs. 133, 139, Dec.
31, 1970, 84 Stat. 1732, 1736; Pub. L. 92-434, Sec. 7, Sept. 26, 1972,
86 Stat. 732; Pub. L. 93-87, title I, Secs. 118, 132, 139, Aug. 13,
1973, 87 Stat. 259, 267, 270; Pub. L. 93-643, Sec. 108, Jan. 4, 1975, 88
Stat. 2284; Pub. L. 94-280, title I, Sec. 121, May 5, 1976, 90 Stat.
438; Pub. L. 95-599, title I, Sec. 120, Nov. 6, 1978, 92 Stat. 2700;
Pub. L. 100-17, title I, Sec. 120(a), (b), Apr. 2, 1987, 101 Stat. 157,
158; Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)], Dec. 22,
1987, 101 Stat. 1329-358, 1329-388; Pub. L. 100-457, title III,
Secs. 326, 335, Sept. 30, 1988, 102 Stat. 2150, 2153; Pub. L. 102-240,
title I, Sec. 1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L.
102-388, title IV, Sec. 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104-
59, title III, Sec. 313(a)-(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub.
L. 105-178, title I, Secs. 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, Sec. 9003(d)(5), July 22, 1998, 112 Stat. 840.)
References in Text
The date of the enactment of the Intermodal Surface Transportation
Efficiency Act of 1991, referred to in subsec. (a)(1)(B), is the date of
enactment of Pub. L. 102-240, which was approved Dec. 18, 1991.
For the effective date of title I of the Intermodal Surface
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.
Amendments
1998--Subsec. (b). Pub. L. 105-178, Sec. 1106(c)(1)(C), substituted
``which is a public road and has not'' for ``which has been classified
as a public road and has not'' in first sentence.
Subsec. (c)(3). Pub. L. 105-178, Sec. 1207(a), substituted ``owned
or operated or majority publicly owned if the Secretary determines with
respect to a majority publicly owned ferry or ferry terminal facility
that such ferry boat or ferry terminal facility provides substantial
public benefits.'' for ``owned.''
Subsec. (d). Pub. L. 105-178, Sec. 1211(f), formerly Sec. 1211(g),
as renumbered by Pub. L. 105-206, Sec. 9003(d)(5), struck out subsec.
(d) which related to pilot toll collection program.
1995--Subsec. (a)(5). Pub. L. 104-59, Sec. 313(a), amended par. (5)
generally. Prior to amendment, par. (5) read as follows:
``(5) Limitation on federal share.--Except as otherwise provided in
this paragraph, the Federal share payable for construction of a highway,
bridge, tunnel, or approach thereto or conversion of a highway, bridge,
or tunnel to a toll facility under this subsection shall be such
percentage as the State determines but not to exceed 50 percent. The
Federal share payable for construction of a new bridge, tunnel, or
approach thereto or for reconstruction or replacement of a bridge,
tunnel, or approach thereto shall be such percentage as the Secretary
determines but not to exceed 80 percent. In the case of a toll facility
subject to an agreement under section 119 or 129, the Federal share
payable on any project for resurfacing, restoring, rehabilitating, or
reconstructing such facility shall be 80 percent until the scheduled
expiration of such agreement (as in effect on the day before the date of
the enactment of the Intermodal Surface Transportation Efficiency Act of
1991).''
Subsec. (a)(7). Pub. L. 104-59, Sec. 313(b), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
``(7) Loans.--A State may loan all or part of the Federal share of a
toll project under this section to a public or private agency
constructing a toll facility. Such loan may be made only after all
Federal environmental requirements have been complied with and permits
obtained. The amount loaned shall be subordinated to other debt
financing for the facility except for loans made by the State or any
other public agency to the agency constructing the facility. Funds
loaned pursuant to this section may be obligated for projects eligible
under this section. The repayment of any such loan shall commence not
more than 5 years after the facility has opened to traffic. Any such
loan shall bear interest at the average rate the State's pooled
investment fund earned in the 52 weeks preceding the start of repayment.
The term of any such loan shall not exceed 30 years from the time the
loan was obligated. Amounts repaid to a State from any loan made under
this section may be obligated for any purpose for which the loaned funds
were available. The Secretary shall establish procedures and guidelines
for making such loans.''
Subsec. (c)(5). Pub. L. 104-59, Sec. 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, Sec. 410(1), which directed the
substitution of ``classified as a public road'' for ``approved under
section 103(b) or (b) of this title as a part of one of the Federal-aid
systems'', was executed by making the substitution for ``approved under
section 103(b) or (c) of this title as a part of one of the Federal-aid
systems'' to reflect the probable intent of Congress.
Subsec. (c)(2). Pub. L. 102-388, Sec. 410(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The operation
of the ferry shall be on a route which has been approved under section
103(b) or (c) of this title as a part of one of the Federal-aid systems
within the State and has not been designated as a route on the
Interstate System.''
1991--Subsec. (a). Pub. L. 102-240, Sec. 1012(a), amended subsec.
(a) generally, substituting present provisions for provisions
authorizing Federal participation in construction or acquisition of toll
bridges, tunnels and approaches, provided that facility was publicly
owned and operated by State or public authority, and State or authority
agreed that all tolls, less those used to offset cost of operation and
maintenance, were to be applied to repayment of State or authority for
cost of construction or acquisition, that no tolls were to be charged
after such repayment, and that facility was to be free of charge
thereafter, except in case of bridge connecting United States with
foreign country.
Subsec. (b). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
subsec. (f) as (b) and struck out former subsec. (b) which authorized
Secretary to approve toll roads, bridges and tunnels as part of
Interstate System, authorized expenditure of Federal-aid highway funds
on toll roads after they became toll-free, and required agreements
between Secretary and State highway departments on construction of
Interstate projects to forbid construction of toll roads, but not toll
bridges and tunnels, on interstate highway route without official
concurrence of Secretary, after June 30, 1968.
Subsec. (c). Pub. L. 102-240, Sec. 1012(c), redesignated subsec. (g)
as (c), inserted ``and ferry terminal facilities'' after ``boats'' in
introductory provisions, added par. (3) and struck out former par. (3)
which read as follows: ``Such ferry shall be publicly owned and
operated.'', in par. (4), inserted ``or other public entity'' after
``State'' and ``, debt service, negotiated management fees, and, in the
case of a privately operated toll ferry, for a reasonable rate of
return'' before period at end, and struck out former subsec. (c) which
made available funds authorized for expenditure on Federal-aid highway
systems for projects approaching toll roads, bridges or tunnels up to
point where project had use irrespective of use for toll road, bridge or
tunnel.
Subsec. (d). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
subsec. (j) as (d) and struck out former subsec. (d) which made
available funds authorized for expenditure on Interstate System for
Interstate System projects approaching toll road and having no other
use, if agreement was reached that section of toll road would become
free to public upon collection of tolls sufficient to liquidate cost of
road and outstanding bonds and cost of maintenance, operation and debt
service during period of toll collection, and that there was a
reasonably satisfactory alternative free route available to bypass toll
section.
Subsec. (e). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(e) which authorized Secretary to permit Federal participation in
reconstruction and improvement of two-lane toll road designated as part
of the Interstate System before June 30, 1973, as necessary to bring
such road to standards of Interstate System, provided that toll road
authority agreed that no new indebtedness to be liquidated by tolls was
to be incurred, that all tolls be used for operation and maintenance and
to repay outstanding bonds, and that, upon liquidation of such bonds,
the road was to become free to public.
Subsecs. (f), (g). Pub. L. 102-240, Sec. 1012(c)(2), redesignated
subsecs. (f) and (g) as (b) and (c), respectively.
Subsec. (h). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(h) which provided that, in case of interstate toll bridge on Federal-
aid primary system, except Interstate System, owned by State or
political subdivision, that became toll-free by Jan. 1, 1975, because of
purchase or construction by State before Jan. 1, 1975, funds would be
made available under section 104(b)(1) and (3) of this title to pay
Federal share of lesser of value of bridge (after deducting portion of
value already attributable to Federal funds) or amount by which
principal amount of outstanding unpaid bonds issued for construction or
acquisition of bridge exceeded amount accumulated for their
amortization, on date bridge became free to public.
Subsec. (i). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(i) which authorized Secretary to permit Federal participation, through
funds for Federal-aid highway system, other than Interstate System, in
engineering and fiscal assessments, traffic analyses, network studies,
etc., to determine whether privately owned toll bridges should be
acquired by a State or subdivision.
Subsec. (j). Pub. L. 102-240, Sec. 1012(c)(2), redesignated subsec.
(j) as (d).
Subsec. (k). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(k) which required operators of toll roads, tunnels, ferries and bridges
on Federal-aid highway system to biennially certify to Governor of State
that facilities were adequately maintained and that operator had ability
to fund such facilities that were not adequately maintained without
using Federal-aid highway funds, and which required Governor of each
State to report biennially to Secretary on facilities required to so
certify.
1988--Subsec. (j)(1), (3). Pub. L. 100-457, Sec. 335, amended Pub.
L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(1), (2)(A), (C)], see
1987 Amendment note below.
Subsec. (j)(6). Pub. L. 100-457, Sec. 326(1), inserted ``(and, in
the case of the State of Texas, the Texas Turnpike Authority)'' after
``State highway department''.
Subsec. (j)(10). Pub. L. 100-457, Sec. 326(2), added par. (10).
1987--Subsec. (j). Pub. L. 100-17, Sec. 120(a), added subsec. (j).
Subsec. (j)(1). Pub. L. 100-202, Sec. 101(l) [title III,
Sec. 347(d)(1)], as amended by Pub. L. 100-457, Sec. 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, Sec. 101(l) [title III,
Sec. 347(d)(2)(A)], as amended by Pub. L. 100-457, Sec. 335, which
directed the amendment of par. (3) by substituting ``(9)'' for ``(7)''
was executed by substituting ``9'' for ``7'' as the probable intent of
Congress.
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(2)(B)-(D)], as
amended by Pub. L. 100-457, Sec. 335, substituted ``States of
Pennsylvania and West Virginia'' for ``State of Pennsylvania'' in two
places and inserted ``States of Georgia and West Virginia,'' and ``The
toll facility in Orange County, California, may be located in more than
1 highway corridor to relieve congestion on existing interstate routes
in such County.''
Subsec. (k). Pub. L. 100-17, Sec. 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 Commonwealth of Puerto Rico and
excepted ferry operations between the islands which comprise the
Commonwealth of Puerto Rico from the prohibition of ferry operations in
foreign or international waters.
1975--Subsec. (g)(5). Pub. L. 93-643 substituted ``operations
between the islands which comprise the State of Hawaii and operations
between any two points in Alaska and between Alaska and Washington,
including stops at appropriate points in the Dominion of Canada'' for
``operations between the islands which comprise the State of Hawaii and
operations between the States of Alaska and Washington, or between any
two points within the State of Alaska''.
1973--Subsec. (b). Pub. L. 93-87, Sec. 118(a), inserted third
sentence providing that when any toll road which the Secretary has
approved as a part of the Interstate System is made a toll-free
facility, Federal-aid highway funds apportioned under section 104(b)(5)
of this title may be expended for the construction, reconstruction, or
improvement of that road to meet the standards adopted for the
improvement of projects located on the Interstate System.
Subsec. (e). Pub. L. 93-87, Sec. 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, Sec. 139, redesignated the second
subsec. (f) as (g) and in par. (5) substituted ``may be operated'' for
``shall be operated'', inserted ``(including the islands which comprise
the State of Hawaii)'' after ``within the State'', and excepted
operations between the islands which comprise the State of Hawaii and
operations between the States of Alaska and Washington, or between any
two points within the State of Alaska from the prohibition against ferry
operations in foreign or international waters.
Subsec. (h). Pub. L. 93-87, Sec. 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 international bridges, and that the tolls be limited
to amount necessary for maintenance, repair, and operation thereof.
1970--Subsec. (e). Pub. L. 91-605, Sec. 133, added subsec. (e).
Former subsec. (e), pertaining to ferry approaches, redesignated (f).
Subsec. (f). Pub. L. 91-605, Secs. 133, 139, redesignated subsec.
(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 approval of the Secretary is required, with an
affirmative finding that the construction of the road as a toll facility
rather than a toll-free facility is in the public interest, but with
such limitation on the construction of toll facilities not to extend to
toll bridges and tunnels.
1960--Pub. L. 86-657, Sec. 5(b), included ferries in section
catchline.
Subsec. (c). Pub. L. 86-657, Sec. 8(a), struck out ``under prior
Acts'' after ``Funds authorized''.
Subsec. (e). Pub. L. 86-657, Sec. 5(a), added subsec. (e).
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.
Ferry Transportation Study
Pub. L. 105-178, title I, Sec. 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, including--
``(i) the locations and routes served; and
``(ii) the source and amount, if any, of funds derived from
Federal, State, or local government sources supporting ferry
construction or operations;
``(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 Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.''
Interstate System Reconstruction and Rehabilitation Pilot Program
Pub. L. 105-178, title I, Sec. 1216(b), June 9, 1998, 112 Stat. 212,
provided that:
``(1) Establishment.--The Secretary shall establish and implement an
Interstate System reconstruction and rehabilitation pilot program under
which the Secretary, 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 System for the purpose of
reconstructing and rehabilitating Interstate highway corridors that
could not otherwise be adequately maintained or functionally improved
without the collection of tolls.
``(2) Limitation on number of facilities.--The Secretary 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 following:
``(A) An identification of the facility on the Interstate System
proposed to be a toll facility, including the age, condition, and
intensity of use of the facility.
``(B) In the case of a facility that affects a metropolitan
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 reconstruction 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 operational 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 approve the application
of a State under paragraph (3) only if the Secretary determines that--
``(A) the State is unable to reconstruct or rehabilitate the
proposed toll facility using existing apportionments;
``(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, regional, and interstate
travelers;
``(D) the State plan for reconstruction or rehabilitation of the
facility using toll revenues is reasonable; 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 system meeting criteria for the Interstate System.
``(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 private 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) Limitation on use of interstate maintenance funds.--During the
term of the pilot program, funds apportioned for Interstate maintenance
under 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.
``(7) Program term.--The Secretary shall conduct the pilot program
under this subsection for a term to be determined by the Secretary, but
not less than 10 years.
``(8) Interstate system defined.--In this subsection, the term
`Interstate System' has the meaning such term has under section 101 of
title 23, United States Code.''
Continuation of Existing Agreements
Section 1012(d) of title I of Pub. L. 102-240 provided that:
``Unless modified under section 129(a)(6) 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 before the effective date of this
title [Dec. 18, 1991] and in effect on the day before such effective
date shall continue in effect on and after such effective date in
accordance 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, Sec. 1064, Dec. 18, 1991, 105 Stat. 2005,
as amended by Pub. L. 102-388, title III, Sec. 332, Oct. 6, 1992, 106
Stat. 1550; Pub. L. 105-178, title I, Sec. 1207(b), June 9, 1998, 112
Stat. 185, provided that:
``(a) In General.--The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in accordance
with section 129(c) of title 23, United States Code.
``(b) Federal Share.--The Federal share payable for construction of
ferry boats and ferry terminal facilities under this section shall be 80
percent of the cost thereof.
``(c) Funding.--There shall be available, out of the Highway Trust
Fund (other than the Mass Transit Account), to the Secretary for
obligation at the discretion of the Secretary $14,000,000 for fiscal
year 1992, $17,000,000 per fiscal year for each of fiscal years 1993,
1994, 1995, and 1996, and $18,000,000 for fiscal year 1997 in carrying
out this section. Sums made available to carry out this section shall
remain available until expended.
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made available to
carry out this section for each of fiscal years 1999 through 2003
shall be obligated for the construction or refurbishment of ferry
boats and ferry terminal facilities and approaches to such
facilities within marine highway systems that are part of the
National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal year
made available under paragraph (1) shall be made available to the
State of Alaska.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to
the State of New Jersey.
``(4) Washington.--$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to
the State of Washington.
``(e) Applicability of Title 23.--All provisions of chapter 1 of
title 23, United States Code, that are applicable to the National
Highway System, other than provisions relating to apportionment formula
and Federal share, shall apply to funds made available to carry out this
section, except as determined by the Secretary to be inconsistent with
this section.
``(f) Treatment of Certain Roads.--For purposes of this section,
North Carolina State Routes 12, 45, 306, 615, and 168 and United States
Route 421 in the State of North Carolina shall be treated as principal
arterials. For further purposes of this section, the access road from
Interstate Business Route 75 to the Sugar Island Ferry Service in
Chippewa County, Michigan, and the access road from United States Route
31 to the Beaver Island Ferry Service in Charlevoix County, Michigan,
shall be treated as principal arterials.''
Study To Determine Extent of Bonded Indebtedness of States for
Construction of Toll Roads Incorporated Into Interstate System
Section 164 of Pub. L. 95-599, as amended by Pub. L. 96-106,
Sec. 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 incorporated within Interstate System, and
methods of allocating bonded indebtedness and removal of toll
provisions.
Richmond-Petersburg Turnpike
Section 131 of Pub. L. 91-605 provided that: ``The Secretary of
Transportation is authorized 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 continuation of tolls on the existing
Richmond-Petersburg Turnpike to finance the construction within the
existing termini of such turnpike of two lanes thereon in addition to
the lanes in existence on the date of enactment of this section [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 construction costs, and the costs of maintenance,
operation, and debt service during the period of toll collections to
liquidate such construction costs, but in no event shall tolls be
collected after date of maturity of those bonds outstanding on the date
of enactment of this section [Dec. 31, 1970] issued for construction of
such turnpike having the latest maturity date.''
Section Referred to in Other Sections
This section is referred to in sections 119, 148, 301 of this title;
title 33 section 535f.
