§ 137. — Fringe and corridor parking facilities.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC137]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 137. Fringe and corridor parking facilities
(a) The Secretary may approve as a project on the Federal-aid urban
system the acquisition of land adjacent to the right-of-way outside a
central business district, as defined by the Secretary, and the
construction of publicly owned parking facilities thereon or within such
right-of-way, including the use of the air space above and below the
established grade line of the highway pavement, to serve an urban area
of fifty thousand population or more. Such parking facility shall be
located and designed in conjunction with existing or planned public
transportation facilities. In the event fees are charged for the use of
any such facility, the rate thereof shall not be in excess of that
required for maintenance and operation (including compensation to any
person for operating such facility).
(b) The Secretary shall not approve any project under this section
until--
(1) he has determined that the State, or the political
subdivision thereof, where such project is to be located, or any
agency or instrumentality of such State or political subdivision,
has the authority and capability of constructing, maintaining, and
operating the facility;
(2) he has entered into an agreement governing the financing,
maintenance, and operation of the parking facility with such State,
political subdivision, agency, or instrumentality, including
necessary requirements to insure that adequate public transportation
services will be available to persons using such facility; and
(3) he has approved design standards for constructing such
facility developed in cooperation with the State transportation
department.
(c) The term ``parking facilities'' for purposes of this section
shall include access roads, buildings, structures, equipment,
improvements, and interests in lands.
(d) Nothing in this section, or in any rule or regulation issued
under this section, or in any agreement required by this section, shall
prohibit (1) any State, political subdivision, or agency or
instrumentality thereof, from contracting with any person to operate any
parking facility constructed under this section, or (2) any such person
from so operating such facility.
(e) The Secretary shall not approve any project under this section
unless he determines that it is based on a continuing comprehensive
transportation planning process carried on in accordance with section
134 of this title.
(f)(1) The Secretary may approve for Federal financial assistance
from funds apportioned under section 104(b)(4), projects for designating
existing facilities, or for acquisition of rights of way or construction
of new facilities, for use as preferential parking for carpools,
provided that such facilities (A) are located outside of a central
business district and within an interstate highway corridor, and (B)
have as their primary purpose the reduction of vehicular traffic on the
interstate highway.
(2) Nothing in this subsection, or in any rule or regulation issued
under this subsection, or in any agreement required by this subsection,
shall prohibit (A) any State, political subdivision, or agency or
instrumentality thereof, from contracting with any person to operate any
parking facility designated or constructed under this subsection, or (B)
any such person from so operating such facility. Any fees charged for
the use of any such facility in connection with the purpose of this
subsection shall not be in excess of the amount required for operation
and maintenance, including compensation to any person for operating the
facility.
(3) For the purposes of this subsection, the terms ``facilities''
and ``parking facilities'' are synonymous and shall have the same
meaning given ``parking facilities'' in subsection (c) of this section.
(Added Pub. L. 89-574, Sec. 8(c)(1), Sept. 13, 1966, 80 Stat. 768;
amended Pub. L. 91-605, title I, Sec. 134(a), Dec. 31, 1970, 84 Stat.
1733; Pub. L. 97-424, title I, Sec. 118, Jan. 6, 1983, 96 Stat. 2110;
Pub. L. 105-178, title I, Secs. 1103(l)(3)(B), 1212(a)(2)(A)(i), June 9,
1998, 112 Stat. 126, 193.)
Amendments
1998--Subsec. (b)(3). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
substituted ``State transportation department'' for ``State highway
department''.
Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(l)(3)(B), substituted
``section 104(b)(4)'' for ``section 104(b)(5)(B) of this title''.
1983--Subsec. (f). Pub. L. 97-424 added subsec. (f).
1970--Pub. L. 91-605 substituted ``Fringe and corridor parking
facilities'' for ``Limitation on authorization of appropriations for
certain purposes'' in section catchline.
Subsec. (a). Pub. L. 91-605 substituted provisions permitting the
Secretary to approve construction of publicly owned parking facilities
under the Federal-aid urban system for provisions limiting authorization
of appropriations under section 131, 136, and 319(b) of this title, or
any highway safety bill enacted after May 1, 1966 by preventing these
sections and provisions from being construed as authority for any
appropriations not specifically authorized in these sections and
provisions.
Subsec. (b). Pub. L. 91-605 substituted provisions preventing
project approval by the Secretary unless the State or political
subdivision thereof where the project is located can construct,
maintain, and operate the facility, unless the Secretary has entered
into an agreement with the State or political subdivision governing the
financing, maintenance, and operation of the facility, and unless the
Secretary has approved design standards for construction of the facility
for provisions limiting authorization of appropriations under sections
131, 136, and 319(b) of this title, or any highway safety bill enacted
after May 1, 1966 by preventing appropriations to carry out these
sections and provisions unless they are specific as to the amount
authorized and as to the fiscal year.
Subsec. (c). Pub. L. 91-605 substituted provisions defining
``parking facilities'' for provisions limiting authorization of
appropriations under sections 131, 136, and 319(b) of this title, or any
highway safety bill enacted after May 1, 1966 by preventing the highway
trust fund from being a source of appropriation for these sections and
provisions in an amount exceeding the tax imposed by section 4061(a)(2)
of Title 26, if such tax was imposed at a rate of 1% plus additional
amounts appropriated from the general fund to the highway trust fund for
such purposes except that the total of all appropriations made from such
fund to carry out these sections and provisions shall never exceed the
total of all appropriations made to such fund based on the imposition of
such tax plus additional amounts appropriated from the general fund to
the highway trust fund for such purposes.
Subsecs. (d), (e). Pub. L. 91-605 added subsecs. (d) and (e).
