23 USC 129 - Toll roads, bridges, tunnels, and ferries

U.S Code last checked for updates: Nov 22, 2024

§ 129.

Toll roads, bridges, tunnels, and ferries

(a)

Basic Program.—

(1)

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—

(A)

initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

(B)

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;

(C)

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;

(D)

reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

(E)

reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;

(F)

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;

(G)

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;

(H)

conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and

(I)

preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph.

(2)

Ownership.—

Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall—

(A)

be publicly owned; or

(B)

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.

(3)

Limitations on use of revenues.—

(A)

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—

(i)

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;

(ii)

a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned;

(iii)

any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation;

(iv)

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

(v)

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.

(B)

Annual audit.—

(i)

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, together with the results of the audit under paragraph (9)(C), to the Secretary.

(ii)

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.

(C)

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).

(4)

Special rule for funding.—

(A)

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.

(B)

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.

(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) 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.

(7)

Loans.—

(A)

In general.—

(i)

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.

(ii)

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.

(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)

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.

(9)

Equal access for over-the-road buses.—

(A)

In general.—

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 vehicles.

(B)

Reports.—

(i)

In general.—

Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses.

(ii)

Updates.—

A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect.

(iii)

Publication.—

The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website.

(C)

Annual audit.—

(i)

In general.—

A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall—

(I)

conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and

(II)

report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary.

(ii)

Records.—

After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary.

(iii)

Noncompliance.—

If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance.

(10)

High occupancy vehicle use of certain toll facilities.—

Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility.

(11)

Definitions.—

In this subsection, the following definitions apply:

(A)

High occupancy vehicle; hov.—

The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants.

(B)

Initial construction.—

(i)

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.

(ii)

Exclusions.—

The term “initial construction” does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.

(C)

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).

(D)

Public authority.—

The term “public authority” means a State, interstate compact of States, or public entity designated by a State.

(E)

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.

(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 (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip, 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 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.

(3)

(A)

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.

(B)

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.

(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, repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return.

(5)

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.

(6)

The ferry service shall be maintained in accordance with section 116.

(7)

(A)

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.

(B)

The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.

(d)

Congestion Relief Program.—

(1)

Definitions.—

In this subsection:

(A)

Eligible entity.—

The term “eligible entity” means any of the following:

(i)

A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000.

(ii)

A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000.

(B)

Integrated congestion management system.—

The term “integrated congestion management system” means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region.

(C)

Program.—

The term “program” means the congestion relief program established under paragraph (2).

(2)

Establishment.—

The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States.

(3)

Program goals.—

The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through—

(A)

improving intermodal integration with highways, highway operations, and highway performance;

(B)

reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and

(C)

pricing of, or based on, as applicable—

(i)

parking;

(ii)

use of roadways, including in designated geographic zones; or

(iii)

congestion.

(4)

Eligible projects.—

Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including—

(A)

deployment and operation of an integrated congestion management system;

(B)

deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing;

(C)

deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and

(D)

incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods.

(5)

Application; selection.—

(A)

Application.—

To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(B)

Priority.—

In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion.

(C)

Federal share.—

The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost.

(D)

Minimum award.—

A grant provided under the program shall be not less than $10,000,000.

(6)

Use of tolling.—

(A)

In general.—

Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program.

(B)

Requirements.—

The Secretary may only approve the use of tolls under subparagraph (A) if—

(i)

the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll;

(ii)

the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying—

(I)

the toll rate for any other vehicle class; and

(II)

(iii)

the toll rates are not charged or varied on the basis of State residency;

(iv)

the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and

(v)

the use of toll revenues complies with subsection (a)(3).

(C)

Limitation.—

The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas.

(7)

Financial effects on low-income drivers.—

A project under the program—

(A)

shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and

(B)

may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86–657, §§ 5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90–495, § 28, Aug. 23, 1968, 82 Stat. 829; Pub. L. 91–605, title I, §§ 133, 139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92–434, § 7, Sept. 26, 1972, 86 Stat. 732; Pub. L. 93–87, title I, §§ 118, 132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93–643, § 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94–280, title I, § 121, May 5, 1976, 90 Stat. 438; Pub. L. 95–599, title I, § 120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100–17, title I, § 120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100–202, § 101(l) [title III, § 347(d)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 100–457, title III, §§ 326, 335, Sept. 30, 1988, 102 Stat. 2150, 2153; Pub. L. 102–240, title I, § 1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L. 102–388, title IV, § 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104–59, title III, § 313(a)–(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub. L. 105–178, title I, §§ 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, § 9003(d)(5), July 22, 1998, 112 Stat. 840; Pub. L. 109–59, title I, § 1801(f), Aug. 10, 2005, 119 Stat. 1456; Pub. L. 112–141, div. A, title I, § 1512(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1112(c), 1411(a), Dec. 4, 2015, 129 Stat. 1346, 1412; Pub. L. 117–58, div. A, title I, §§ 11117(a), 11404, 11523, Nov. 15, 2021, 135 Stat. 483, 558, 605.)

cite as: 23 USC 129