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(4) the State plan for reconstruction or reha-
bilitation of the facility using toll revenues is reason-
able; 
(5) the State will develop, manage, and main-
tain a system that will automatically collect the tolls; 
(6) in developing the State plan for imple-
menting tolls on the facility, the State includes a 
program to permit low income drivers to pay a re-
duced toll amount; and 
(7) the State has given preference to the use of 
a public toll agency with demonstrated capability to 
build, operate, and maintain a toll expressway sys-
tem meeting criteria for the Interstate System. 
(e) PROHIBITION ON NONCOMPETE AGREEMENTS.—
Before the Secretary may permit a State to participate 
in the pilot program, the State must enter into an agree-
ment 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—
(1) excessive congestion; 
(2) pavement wear; and
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(3) an increased incidence of traffic accidents, 
injuries, or fatalities. 
(f) 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 agree-
ment with the Secretary that provides that—
(1) all toll revenues received from operation of 
the toll facility will be used only for—
(A) debt service; 
(B) reasonable return on investment of any 
private person financing the project; and 
(C) any costs necessary for the improve-
ment of and the proper operation and mainte-
nance of the toll facility, including reconstruc-
tion, resurfacing, restoration, and rehabilitation 
of the toll facility; and 
(2) regular audits will be conducted to ensure 
compliance with paragraph (1) and the results of 
such audits will be transmitted to the Secretary. 
(g) LIMITATION ON USE OF INTERSTATE MAINTE-
NANCE FUNDS.—During the term of the pilot program, 
funds apportioned for Interstate maintenance under sec-
tion 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.
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(h) PROGRAM TERM.—The Secretary 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. 
(i) 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. 
(j) REPORT.—Not later than September 30, 2011, 
the Secretary shall transmit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate a report on traffic congestion on, 
pavement wear of, and incidence of accidents, injuries, and 
fatalities on public roads adjacent to toll facilities estab-
lished under this section and section 1604. 
(k) REPEAL.—Section 1216(b) of the Transportation 
Equity Act for the 21st Century (23 U.S.C. 129 note; 112 
Stat. 212) is repealed. 
SEC. 1604. INTERSTATE SYSTEM CONSTRUCTION TOLL 
PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and implement an Interstate System construction toll pilot 
program under which the Secretary, notwithstanding sec-
tions 129 and 301 of title 23, United States Code, may
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permit a State or an interstate compact of States to collect 
tolls on a highway, bridge, or tunnel on the Interstate Sys-
tem for the purpose of constructing Interstate highways. 
(b) LIMITATION ON NUMBER OF FACILITIES.—The 
Secretary may permit the collection of tolls under this sec-
tion on 3 facilities on the Interstate System. 
(c) 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: 
(1) An identification of the facility on the Inter-
state System proposed to be a toll facility. 
(2) In the case of a facility that affects a met-
ropolitan area, an assurance that the metropolitan 
planning organization designated under chapter 52 
of title 49, United States Code, for the area has 
been consulted concerning the placement and 
amount of tolls on the facility. 
(3) 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. 
(4) A facility management plan that includes—
(A) a plan for implementing the imposition 
of tolls on the facility;
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(B) a schedule and finance plan for the 
construction of the facility using toll revenues; 
(C) a description of the public transpor-
tation agency that will be responsible for imple-
mentation and administration of the pilot pro-
gram; 
(D) a description of whether consideration 
will be given to privatizing the maintenance and 
operational aspects of the facility, while retain-
ing legal and administrative control of the por-
tion of the Interstate route; and 
(E) such other information as the Sec-
retary may require. 
(d) SELECTION CRITERIA.—The Secretary may ap-
prove the application of a State under subsection (c) only 
if the Secretary determines that—
(1) the State’s analysis under subsection (c)(3) 
is reasonable; 
(2) the State plan for implementing tolls on the 
facility takes into account the interests of local, re-
gional, and interstate travelers; 
(3) the State plan for construction of the facil-
ity using toll revenues is reasonable; 
(4) the State will develop, manage, and main-
tain a system that will automatically collect the tolls;
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(5) in developing the State plan for imple-
menting tolls on the facility, the State includes a 
program to permit low-income drivers to pay a re-
duced toll amount; and 
(6) the State has given preference to the use of 
a public toll agency with demonstrated capability to 
build, operate, and maintain a toll expressway sys-
tem meeting criteria for the Interstate System. 
(e) PROHIBITION ON NONCOMPETE AGREEMENTS.—
Before the Secretary may permit a State to participate 
in the pilot program, the State must enter into an agree-
ment 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—
(1) excessive congestion; 
(2) pavement wear; and 
(3) an increased incidence of traffic accidents, 
injuries, or fatalities. 
(f) 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 agree-
ment with the Secretary that provides that—