§ 182. — Determination of eligibility and project selection.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC182]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER II--INFRASTRUCTURE FINANCE
Sec. 182. Determination of eligibility and project selection
(a) Eligibility.--To be eligible to receive financial assistance
under this subchapter, a project shall meet the following criteria:
(1) Inclusion in transportation plans and programs.--The
project--
(A) shall be included in the State transportation plan
required under section 135; and
(B) at such time as an agreement to make available a Federal
credit instrument is entered into under this subchapter, shall
be included in the approved State transportation improvement
program required under section 134.
(2) Application.--A State, a local servicer identified under
section 185(a), or the entity undertaking the project shall submit a
project application to the Secretary.
(3) Eligible project costs.--
(A) In general.--Except as provided in subparagraph (B), to
be eligible for assistance under this subchapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(i) $100,000,000; or
(ii) 50 percent of the amount of Federal highway
assistance funds apportioned for the most recently completed
fiscal year to the State in which the project is located.
(B) Intelligent transportation system projects.--In the case
of a project principally involving the installation of an
intelligent transportation system, eligible project costs shall
be reasonably anticipated to equal or exceed $30,000,000.
(4) Dedicated revenue sources.--Project financing shall be
repayable, in whole or in part, from tolls, user fees, or other
dedicated revenue sources.
(5) Public sponsorship of private entities.--In the case of a
project that is undertaken by an entity that is not a State or local
government or an agency or instrumentality of a State or local
government, the project that the entity is undertaking shall be
publicly sponsored as provided in paragraphs (1) and (2).
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish criteria for
selecting among projects that meet the eligibility criteria
specified in subsection (a).
(2) Selection criteria.--
(A) In general.--The selection criteria shall include the
following:
(i) The extent to which the project is nationally or
regionally significant, in terms of generating economic
benefits, supporting international commerce, or otherwise
enhancing the national transportation system.
(ii) The creditworthiness of the project, including a
determination by the Secretary that any financing for the
project has appropriate security features, such as a rate
covenant, to ensure repayment.
(iii) The extent to which assistance under this
subchapter would foster innovative public-private
partnerships and attract private debt or equity investment.
(iv) The likelihood that assistance under this
subchapter would enable the project to proceed at an earlier
date than the project would otherwise be able to proceed.
(v) The extent to which the project uses new
technologies, including intelligent transportation systems,
that enhance the efficiency of the project.
(vi) The amount of budget authority required to fund the
Federal credit instrument made available under this
subchapter.
(vii) The extent to which the project helps maintain or
protect the environment.
(viii) The extent to which assistance under this chapter
would reduce the contribution of Federal grant assistance to
the project.
(B) Preliminary rating opinion letter.--For purposes of
subparagraph (A)(ii), the Secretary shall require each project
applicant to provide a preliminary rating opinion letter from at
least 1 rating agency indicating that the project's senior
obligations have the potential to achieve an investment-grade
rating.
(c) Federal Requirements.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for transit projects,
and section 5333(a) of title 49 for rail projects, the following
provisions of law shall apply to funds made available under this
subchapter and projects assisted with the funds:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(2) The National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112 Stat.
243.)
References in Text
The Civil Rights Act of 1964, referred to in subsec. (c)(1), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act
is classified generally to subchapter V (Sec. 2000d et seq.) of chapter
21 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (c)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (c)(3), is act Jan. 2,
1971, Pub. L. 91-646, 84 Stat. 1894, as amended, and which is classified
principally to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 4601 of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 183, 184 of this title.
