PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1253
that describes any success of the program under this subsection in meeting congestion reduction and other performance goals established for express lane programs. (c) INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM.— (1) ESTABLISHMENT.—The Secretary 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. (2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary may permit the collection of tolls under this section on three facilities on the Interstate System. (3) 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: (A) An identification of the facility on the Interstate System proposed to be a toll facility. (B) 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. (C) 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. (D) A facility management plan that includes— (i) a plan for implementing the imposition of tolls on the facility; (ii) a schedule and finance plan for the construction of the facility using toll revenues; (iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (iv) 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 (v) such other information as the Secretary may require. (4) SELECTION CRITERIA.—The Secretary may approve the application of a State under paragraph (3) only if the Secretary determines that— (A) the State’s analysis under paragraph (3)(C) is reasonable; (B) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (C) the State plan for construction of the facility using toll revenues is reasonable; (D) the State will develop, manage, and maintain a system that will automatically collect the tolls; and
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23 USC 129 note.