105 STAT. 1936 PUBLIC LAW 102-240—DEC. 18, 1991 (2) by adding at the end of clause (i) the following new sentence: "100 percent of funds appropriated for each of fiscal years 1992 and 1993 shall be apportioned in accordance with cost estimates adjusted by the Secretary."; (3) in clause (iii) by striking "1988, 1989, 1990, AND 1991 APPORTIONMENTS" and inserting "1988-1993 APPORTIONMENTS"; and (4) by striking "and 1991." and inserting "1991, 1992, and 1993 " 23 USC 103. (c) PERIOD OF AVAILABILITY. —Section 103(e)(4)(E)(i) of such title is amended by adding at the end the following new sentence: "In the case of funds authorized to be appropriated for substitute transit projects under this paragraph for fiscal year 1993 and for substitute highway projects under this paragraph for fiscal year 1995, such funds shall remain available until expended. ". SEC. 1012. TOLL ROADS, BRIDGES. AND TUNNELS. (a) NEW PROGRAM. —Section 129(a) of title 23, United States Code, is amended to read as follows: " (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 Federal-aid 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. Contracts. " (3) LIMITATIONS ON USE OF REVENUES.—Before the Secretary may permit Federal participation under this subsection in
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