Toll roads, bridges, tunnels, and ferries
Basic Program.—
Authorization for federal participation.—
Subject to the provisions of this section, 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—
initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
initial construction of 1 or more lanes or other improvements that increase capacity 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 auxiliary lanes, before the construction;
initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, 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;
reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;
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;
reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation;
conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and
preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph.
Ownership.—
Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall—
be publicly owned; or
be privately owned if the public authority 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 responsible for complying with all applicable requirements of this title with respect to the facility.
Limitations on use of revenues.—
In general.—
A public authority with jurisdiction over a toll facility shall ensure that all toll revenues received from operation of the toll facility are used only for—
debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing;
a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned;
any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation;
if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and
if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title.
Annual audit.—
In general.—
A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary.
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 Secretary.
Noncompliance.—
If the Secretary concludes that a public authority has not complied with the limitations on the use of revenues described in subparagraph (A), the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A).
Special rule for funding.—
In general.—
In the case of a toll facility under the jurisdiction of a public authority of a State (other than the State transportation department), on request of the State transportation department and subject to such terms and conditions as the department and public authority may agree, the Secretary, working through the State department of transportation, shall reimburse the 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 the department would be reimbursed if the project was being carried out by the department.
Source.—
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 highways in the State on which the project is being carried out.
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.
Modifications.—
If a public authority (including 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 effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1915), requests modification of the agreement, the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds.
Loans.—
In general.—
Loans.—
Using amounts made available 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 revenue source specifically dedicated to the project.
Dedicated revenue sources.—
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.
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.
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.
Obligation of funds loaned.—
Funds loaned under this paragraph may only be obligated for projects under this paragraph.
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.
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.
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.
Reuse of funds.—
Amounts repaid to a State from a loan made under this paragraph may be obligated—
for any purpose for which the loan funds were available under this title; and
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.
Guidelines.—
The Secretary shall establish procedures and guidelines for making loans under this paragraph.
State law permitting tolling.—
If a State does not have a highway, bridge, or tunnel 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.
Equal access for over-the-road buses.—
An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.
Definitions.—
In this subsection, the following definitions apply:
High occupancy vehicle; hov.—
The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants.
Initial construction.—
In general.—
The term “initial construction” means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.
Exclusions.—
The term “initial construction” does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.
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).
Public authority.—
The term “public authority” means a State, interstate compact of States, or public entity designated by a State.
Toll facility.—
The term “toll facility” means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection.
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.
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:
It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry.
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 eligible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only.
The 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.
Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.
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, repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return.
Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii and the islands which comprise any territory of the United States) 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 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 operation shall be in any foreign or international waters.
The ferry service shall be maintained in accordance with section 116.
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.
The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.
Source
(Pub. L. 85–767,Notes
References in Text
Amendments
Effective Date of 2015 Amendment
Effective Date of 2012 Amendment
Effective Date of 1998 Amendment
Effective Date of 1991 Amendment
Effective Date of 1968 Amendment
Electronic Toll Collection Interoperability Requirements
Express Lanes Demonstration Program
Definitions.—
In this subsection, the following definitions apply:
Eligible toll facility.—
The term ‘eligible toll facility’ includes—
a facility in existence on the date of enactment of this Act [
a facility in existence on the date of enactment of this Act that serves high occupancy vehicles;
a facility modified or constructed after the date of enactment of this Act to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds); and
in the case of a new lane added to a previously non-tolled facility, only the new lane.
Nonattainment area.—
The term ‘nonattainment area’ has the meaning given that term in section 171 of the Clean Air Act (42 U.S.C. 7501).
Demonstration program.—
Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary [of Transportation] shall carry out 15 demonstration 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 eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System—
to manage high levels of congestion;
to reduce emissions in a nonattainment area or maintenance area; or
to finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing one or more additional lanes (including bridge, tunnel, support, and other structures necessary for that construction) on the Interstate System.
Limitation on use of revenues.—
Use.—
In general.—
Toll revenues received under paragraph (2) shall be used by a State, public authority, or private entity designated by a State, for—
debt service;
a reasonable return on investment of any private financing;
the costs necessary for proper operation and maintenance of any facilities under paragraph (2) (including reconstruction, resurfacing, restoration, and rehabilitation); or
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.
Requirements.—
Variable price requirement.—
A facility that charges tolls under this subsection may establish a toll that varies in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality.
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.
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 established under this subsection.
Agreement.—
In general.—
Before the Secretary may permit a facility to charge tolls under this subsection, the Secretary and the applicable State, public authority, or private entity designated by a State shall enter into an agreement for each facility incorporating the conditions described in subparagraphs (A) and (B).
Termination.—
An agreement under clause (i) shall terminate with respect to a facility upon the decision of the State, public authority, or private entity designated by a State to discontinue the variable tolling program under this subsection for the facility.
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 continue to charge tolls in accordance with the terms of the agreement until such time as the debt is retired.
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.
Eligibility.—
To be eligible to participate in the program under this subsection, a State, public authority, or private entity designated by a State shall provide to the Secretary [of Transportation]—
a description of the congestion or air quality problems sought to be addressed under the program;
a description of—
the goals sought to be achieved under the program; and
the performance measures that would be used to gauge the success made toward reaching those goals; and
such other information as the Secretary may require.
Automation.—
Fees collected from motorists using an express lane shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the tolled facility.
Interoperability.—
In general.—
Not later than 180 days after the date of enactment of this Act [
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—
seek to accelerate progress toward the national goal of achieving a nationwide interoperable electronic toll collection system;
take into account the use of noncash electronic technology currently deployed within an appropriate geographical area of travel and the noncash electronic technology likely to be in use within the next 5 years; and
seek to minimize additional costs and maximize convenience to users of toll facility and to the toll facility owner or operator.
Reporting.—
In general.—
The Secretary [of Transportation], in cooperation with State and local agencies and other program participants and with opportunity for public comment, shall—
develop and publish performance goals for each express lane project;
establish a program for regular monitoring and reporting on the achievement of performance goals, including—
effects on travel, traffic, and air quality;
distribution of benefits and burdens;
use of alternative transportation modes; and
use of revenues to meet transportation or impact mitigation needs.
Interstate System Construction Toll Pilot Program
Establishment.—
The Secretary [of Transportation] 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 highway, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways.
Limitation on number of facilities.—
The Secretary [of Transportation] may permit the collection of tolls under this section on three facilities on the Interstate System.
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 minimum, the following:
An identification of the facility on the Interstate System proposed to be a toll facility.
In the case of a facility that affects a metropolitan 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.
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.
A facility management plan that includes—
a plan for implementing the imposition of tolls on the facility;
a schedule and finance plan for the construction of the facility using toll revenues;
a description of the public transportation agency that will be responsible for implementation and administration of the pilot program;
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
such other information as the Secretary may require.
Selection criteria.—
The Secretary [of Transportation] may approve the application of a State under paragraph (3) only if the Secretary determines that—
the State’s analysis under paragraph (3)(C) is reasonable;
the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers;
the State plan for construction of the facility using toll revenues is reasonable;
the State will develop, manage, and maintain a system that will automatically collect the tolls; and
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.
Prohibition on noncompete agreements.—
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 provides that the State will not enter into an agreement 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 conditions resulting from traffic diverted to such roads from the toll facility, including—
excessive congestion;
pavement wear; and
an increased incidence of traffic accidents, injuries, or fatalities.
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 provides that—
all toll revenues received from operation of the toll facility will be used only for—
debt service;
reasonable return on investment of any private person financing the project; and
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
regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary.
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.
Program term.—
The Secretary [of Transportation] may approve an application of a State for permission 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 enactment of this Act [
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
Establishment.—
The Secretary [of Transportation], acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database.
Contents.—
The database shall contain current information regarding ferry systems, including information regarding routes, vessels, passengers and vehicles carried, funding sources, including any Federal, State, and local government funding sources, and such other information as the Secretary considers useful.
Update report.—
Using information collected through the database, the Secretary shall periodically modify as appropriate the report submitted under section 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).
Requirements.—
The Secretary shall—
compile the database not later than 1 year after the date of enactment of this Act [
ensure that the database is easily accessible to the public;
ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and
make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database.”
Ferry Transportation Study
In general.—
The Secretary shall conduct a study of ferry transportation in the United States and its possessions—
to identify existing ferry operations, including—
the locations and routes served; and
the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry construction or operations;
to identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes; and
to identify the potential for use of high-speed ferry services and alternative-fueled ferry services.
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
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.
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.
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:
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.
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.
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.
A facility management plan that includes—
a plan for implementing the imposition of tolls on the facility;
a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues;
a description of the public transportation agency that will be responsible for implementation and administration of the pilot program;
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
such other information as the Secretary may require.
Selection criteria.—
The Secretary may approve the application of a State under paragraph (3) only if the Secretary determines that—
the State is unable to reconstruct or rehabilitate the proposed toll facility using existing apportionments;
the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls;
the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers;
the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable;
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; and
the State has the authority required for the project to proceed.
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—
all toll revenues received from operation of the toll facility will be used only for—
debt service;
reasonable return on investment of any private person financing the project; and
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
regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary.
Requirements for project completion.—
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—
submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (4);
completed the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project; and
executed a toll agreement with the Secretary.
Exceptions to expiration.—
Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by—
substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
funding and financing commitments for the pilot project;
expressions of support for the pilot project from State and local governments, community interests, and the public; and
submission of a facility management plan pursuant to paragraph (3)(D).
Conditions for previously provisionally approved applications.—
A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act [
Definition.—
In this subsection, the term ‘provisional 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.
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.
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.
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.”