§ 129 TITLE 23—HIGHWAYS Page 86

it has had public hearings, or has afforded the

opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its

consistency with the goals and objectives of

such urban planning as has been promulgated by

the community. Any State highway department

which submits plans for an Interstate System

project shall certify to the Secretary that it has

had public hearings at a convenient location, or

has afforded the opportunity for such hearings

for the purpose of enabling persons in rural

areas through or contiguous to whose property

the highway will pass to express any objections

they may have to the proposed locations of such

highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway

location or design and various alternatives

which were raised during the hearing or which

were otherwise considered.

(b) When hearings have been held under subsection (a), the State highway department shall

submit a copy of the transcript of said hearings

to the Secretary, together with the certification

and report.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L.

90–495, §24, Aug. 23, 1968, 82 Stat. 828; Pub. L.

91–605, title I, §135, Dec. 31, 1970, 84 Stat. 1734.)

AMENDMENTS

1970—Subsec. (a). Pub. L. 91–605, §135(a), provided for

submission of a report by the State highway department involved indicating consideration given to economic, social, environmental, and other effects of the

plan or highway location or design plus the various alternatives which were considered.

Subsec. (b). Pub. L. 91–605, §135(b), inserted reference

to report to be submitted by the State highway department together with the certification of public hearings.

1968—Subsec. (a). Pub. L. 90–495 inserted social effect

of projects, the impact on environment, and their consistency with the goals and objectives of such urban

planning as has been promulgated by the community to

the list of factors to be considered by State highway

departments in looking over projects involving the bypassing or passing through of municipalities.

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.

§ 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 Federalaid 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.
Page 87 TITLE 23—HIGHWAYS § 129

1So in original. The word ‘‘and’’ probably should not appear.

(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 has been classified as 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.

(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.

(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 Domin-
§ 129 TITLE 23—HIGHWAYS Page 88

2So in original. Probably should be ‘‘the States’’.

ion 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.

(d) PILOT PROGRAM.—

(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject to the provisions of this subsection, the Secretary shall establish a pilot

program which permits Federal participation

in 9 toll facilities on the same basis and in the

same manner as in the construction of free

highways under this chapter.

(2) LIMITATION ON TYPES OF FACILITIES.—The

Secretary may only permit Federal participation under this subsection in the following

type of facilities:

(A) The construction of a new toll highway, bridge, or tunnel (other than a highway

on the Interstate System).

(B) The reconstruction of an existing highway, bridge, or tunnel to expand its capacity

(other than a highway, bridge, or tunnel on

the Interstate System).

(3) LIMITATION ON NUMBER OF FACILITIES.—

The Secretary may only permit Federal participation under this subsection in 9 facilities.

One of such facilities shall be carried out in

each of the following: Orange County, California, the State of Texas, the States of Pennsylvania and West Virginia, the State of Florida,

States 2 of Georgia and West Virginia, and the

State of South Carolina. The locations of the

other 2 facilities shall be at the discretion of

the Secretary; except that not more than 2 facilities carried out under this subsection may

be located in a State. The Governor of the

States of Pennsylvania and West Virginia

shall select the facility to be carried out in

such State. 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.

(4) LIMITATION ON FEDERAL SHARE.—Notwithstanding any other provision of law, the Federal share payable for the construction or reconstruction of a toll highway, bridge, or tunnel under this subsection shall not exceed 35

percent.

(5) PUBLIC OWNERSHIP REQUIREMENT.—Each

highway, bridge, tunnel, or approach thereto

under this subsection must be publicly owned

and operated; except that, under this subsection, Federal funds may participate in the

approaches to a toll highway, toll bridge, or

toll tunnel whether the highway, bridge, or

tunnel is to be or has been constructed by a

State or other public authority.

(6) LIMITATIONS ON USE OF REVENUES.—Before

the Secretary may permit Federal participation under this subsection in a State, the

State highway department (and, in the case of

the State of Texas, the Texas Turnpike Authority) must enter into an agreement with

the Secretary which provides that all toll revenues received from operation of the tolled facility constructed or reconstructed under this

subsection will be used only on the tolled facility, and only for construction or reconstruction costs, or for the costs necessary for

the proper operation, maintenance, and debt

service of the tolled facility, including resurfacing, reconstruction, rehabilitation, and restoration.

(7) LIMITATION ON FEDERAL PARTICIPATION TO

ORIGINAL CONSTRUCTION.—Except for reconstruction to expand capacity, toll facilities

may receive Federal participation under this

chapter only once for the original construction or reconstruction of the facility.

(8) EFFECT ON APPORTIONMENT.—Toll mileage

constructed or reconstructed under this subsection shall not be used to increase a State’s

apportionment under any apportionment formula.

(9) NEW TOLL HIGHWAY DEFINED.—For purposes of this subsection, the term ‘‘new toll

highway, bridge, or tunnel’’ shall mean initial

construction of a highway, bridge, or tunnel

on a new location at any time before it is open

to traffic and shall not include any improvements to a toll highway, bridge, or tunnel

after it is open to traffic.

(10) SPECIAL RULE FOR FUNDING OF TEXAS

PROJECT.—Upon request of the Texas Department of Highways and Public Transportation

and subject to such terms and conditions as

such Department and the Texas Turnpike Authority may agree, the Secretary shall reimburse the Texas Turnpike Authority for the

Federal share of the costs of construction of

the project carried out in the State of Texas

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 of Texas

under this chapter and available for obligation

on projects on the Federal-aid primary system

in such State.

(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.)
Page 89 TITLE 23—HIGHWAYS § 129

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

1995—Subsec. (a)(5). Pub. L. 104–59, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §1012(c)(2), redesignated subsecs. (f) and (g) as (b) and (c), respectively.

Subsec. (h). Pub. L. 102–240, §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, §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 stud-
§ 129 TITLE 23—HIGHWAYS Page 90

ies, etc., to determine whether privately owned toll

bridges should be acquired by a State or subdivision.

Subsec. (j). Pub. L. 102–240, §1012(c)(2), redesignated

subsec. (j) as (d).

Subsec. (k). Pub. L. 102–240, §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, §335, amended

Pub. L. 100–202, §101(l) [title III, §347(d)(1), (2)(A), (C)],

see 1987 Amendment note below.

Subsec. (j)(6). Pub. L. 100–457, §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, §326(2), added par. (10).

1987—Subsec. (j). Pub. L. 100–17, §120(a), added subsec.

(j).

Subsec. (j)(1). Pub. L. 100–202, §101(l) [title III,

§347(d)(1)], as amended by Pub. L. 100–457, §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, §101(l) [title III,

§347(d)(2)(A)], as amended by Pub. L. 100–457, §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, §101(l) [title III, §347(d)(2)(B)–(D)], as

amended by Pub. L. 100–457, §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, §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, §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, §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, §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, §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, §133, added subsec.

(e). Former subsec. (e), pertaining to ferry approaches,

redesignated (f).

Subsec. (f). Pub. L. 91–605, §§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, §5(b), included ferries in section

catchline.

Subsec. (c). Pub. L. 86–657, §8(a), struck out ‘‘under

prior Acts’’ after ‘‘Funds authorized’’.

Subsec. (e). Pub. L. 86–657, §5(a), added subsec. (e).

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.

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

Section 1064 of Pub. L. 102–240, as amended by Pub. L.

102–388, title III, §332, Oct. 6, 1992, 106 Stat. 1550, 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. Such sums shall remain

available until expended.

‘‘(d) 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.
Page 91 TITLE 23—HIGHWAYS § 130

1See References in Text note below.

‘‘(e) 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, §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 124, 148, 301 of

this title; title 33 section 535f.

§ 130. Railway-highway crossings

(a) Except as provided in subsection (d) 1 of

section 120 of this title and subsection (b) of this

section, the entire cost of construction of

projects for the elimination of hazards of railway-highway crossings, including the separation

or protection of grades at crossings, the reconstruction of existing railroad grade crossing

structures, and the relocation of highways to

eliminate grade crossings, may be paid from

sums apportioned in accordance with section 104

of this title. In any case when the elimination of

the hazards of a railway-highway crossing can

be effected by the relocation of a portion of a

railway at a cost estimated by the Secretary to

be less than the cost of such elimination by one

of the methods mentioned in the first sentence

of this section, then the entire cost of such relocation project, except as provided in subsection

(d) 1 of section 120 of this title and subsection (b)

of this section, may be paid from sums apportioned in accordance with section 104 of this

title.

(b) The Secretary may classify the various

types of projects involved in the elimination of

hazards of railway-highway crossings, and may

set for each such classification a percentage of

the costs of construction which shall be deemed

to represent the net benefit to the railroad or

railroads for the purpose of determining the

railroad’s share of the cost of construction. The

percentage so determined shall in no case exceed

10 per centum. The Secretary shall determine

the appropriate classification of each project.

(c) Any railroad involved in a project for the

elimination of hazards of railway-highway crossings paid for in whole or in part from sums made

available for expenditure under this title, or

prior Acts, shall be liable to the United States

for the net benefit to the railroad determined

under the classification of such project made

pursuant to subsection (b) of this section. Such

liability to the United States may be discharged

by direct payment to the State highway department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment

may consist in whole or in part of materials and

labor furnished by the railroad in connection

with the construction of such project. If any

such railroad fails to discharge such liability

within a six-month period after completion of

the project, it shall be liable to the United

States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the

recovery of the amount for which it is liable

under this subsection. The Attorney General is

authorized to bring such proceedings on behalf

of the United States, in the appropriate district

court of the United States, and the United

States shall be entitled in such proceedings to

recover such sums as it is considered and adjudged by the court that such railroad is liable

for in the premises. Any amounts recovered by

the United States under this subsection shall be

credited to miscellaneous receipts.

(d) SURVEY AND SCHEDULE OF PROJECTS.—Each

State shall conduct and systematically maintain a survey of all highways to identify those

railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for

this purpose. At a minimum, such a schedule

shall provide signs for all railway-highway

crossings.

(e) FUNDS FOR PROTECTIVE DEVICES.—At least

1

⁄2 of the funds authorized for and expended

under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds

apportioned under section 104(b)(1) of this title.

(f) APPORTIONMENT.—Twenty-five percent of

the funds authorized to be appropriated to carry

out this section shall be apportioned to the

States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the

States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50