Page:United States Statutes at Large Volume 105 Part 3.djvu/55

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PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1939 (2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively; (3) in subsection (c) as so redesignated by inserting "and ferry terminal facilities" after "boats"; (4) in subsection (c) as so redesignated by striking paragraph (3) and inserting the following: "(3) Such ferry boat or ferry terminal facility shall be publicly owned."; and (5) in subsection (c)(4) as so redesignated— (A) by inserting "or other public entity" after "State"; and (B) by inserting before the period at the end the following: ", debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return'" (d) CONTINUATION OF EXISTING AGREEMENTS.—Unless modified 23 USC 129 note, under section 129(a)(6) of such 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 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. (e) SPECIAL RULE FOR CERTAIN EXISTING TOLL FACILITY AGREE- New York. MENTS.— Notwithstanding sections 119 and 129 of title 23, United States Code, at the request of the non-Federal parties to a toll facility agreement reached before October 1, 1991, regarding the New York State Thruway or the Fort McHenry Tunnel under section 105 of the Federal-Aid Highway Act of 1978 or section 129 of title 23, United States Code (as in effect on the day before the date of the enactment of this Act), the Secretary shall allow for the continuance of tolls without repayment of Federal funds. Revenues collected from such tolls, after the date of such request, in excess of revenues needed for debt service and the actual costs of operation and maintenance shall be available for (1) any transportation project eligible for assistance under title 23, United States Code, or (2) costs associated with transportation facilities under the jurisdiction of such non-Federal party, including debt service and costs related to the construction, reconstruction, restoration, repair, operation and maintenance of such facilities. (f) VOIDING OF CERTAIN AGREEMENTS FOR 1-78 DELAWARE RIVER Pennsylvania. BRIDGE.— Upon the joint request of the State of Pennsylvania, the ^^"^ Jersey. State of New Jersey, and the Delaware River Joint Toll Bridge Commission, and upon such parties entering into a new agreement with the Secretary regarding the bridge on Interstate Route 78 which crosses the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey, the Secretary shall void any agreement entered into with such parties with respect to the bridge before the effective date of this subsection under section 129(a), 129(d), or 129(e) of title 23, United States Code. The new agreement referred to in the preceding sentence shall permit the continuation of tolls without repayment of Federal funds and shall provide that all toll revenues received from operation of the bridge will be used— (1) first for repayment of the non-Federal cost of construction of the bridge (including debt service); (2) second for the costs necessary for the proper operation and maintenance of the bridge, including resurfacing, restoration, and rehabilitation; and