23 U.S.C. § 129: Toll roads, bridges, tunnels, and ferries

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. 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. 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. 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. 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. 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). 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. 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. 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. 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. 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 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. 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. The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. Funds loaned under this paragraph may only be obligated for projects under this paragraph. 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. The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. 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. 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. The Secretary shall establish procedures and guidelines for making loans under this paragraph. 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. 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. 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. 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. The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. 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. 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. 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. The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants. The term “initial construction” means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. The term “initial construction” does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. 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 ). The term “public authority” means a State, interstate compact of States, or public entity designated by a State. 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. 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. A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. 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. 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. The term “program” means the congestion relief program established under paragraph (2). 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. improving intermodal integration with highways, highway operations, and highway performance; reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and parking; use of roadways, including in designated geographic zones; or congestion. deployment and operation of an integrated congestion management system; deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. 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. 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. 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. A grant provided under the program shall be not less than $10,000,000. 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. the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; the toll rate for any other vehicle class; and 5; the toll rates are not charged or varied on the basis of State residency; 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 the use of toll revenues complies with subsection (a)(3). The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and may include mitigation measures to deal with any potential adverse financial effects on low-income drivers. a facility in existence on the date of enactment of this Act [ Aug. 10, 2005 ] that collects tolls; 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. The term ‘nonattainment area’ has the meaning given that term in section 171 of the Clean Air Act ( 42 U.S.C. 7501 ). 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. 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. 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. 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. 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. 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). 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. 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. 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. a description of the congestion or air quality problems sought to be addressed under the program; 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. 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. Not later than 180 days after the date of enactment of this Act [ Aug. 10, 2005 ], the Secretary [of Transportation] shall promulgate a final rule specifying requirements, standards, or performance specifications for automated toll collection systems implemented under this section [enacting provisions set out as a note under this section and amending provisions set out as a note under section 149 of this title ]. 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. develop and publish performance goals for each express lane project; 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. Repealed. Pub. L. 114–94, div. A, title I, § 1419(b) , Dec. 4, 2015 , 129 Stat. 1423 .]” 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. The Secretary [of Transportation] may permit the collection of tolls under this section on three facilities on the Interstate System. 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 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. 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. excessive congestion; pavement wear; and an increased incidence of traffic accidents, injuries, or fatalities. 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. 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. 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 [ Aug. 10, 2005 ]. In this section, the term ‘Interstate System’ has the meaning such term has under section 101 of title 23 , United States Code.” The Secretary [of Transportation], acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database. 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. 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 ). compile the database not later than 1 year after the date of enactment of this Act [ Aug. 10, 2005 ] and update the database every 2 years thereafter; 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.” 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. 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.” 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. 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. 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 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. 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. 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. 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. 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). A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act [ Dec. 4, 2015 ] shall have 1 year after that date of enactment to meet the requirements of subparagraph (A) or receive an extension from the Secretary under subparagraph (B), or the application will expire. 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. 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. 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. In this subsection, the term ‘Interstate System’ has the meaning such term has under section 101 of title 23 , United States Code.”