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23 U.S.C. § 142Public transportation

submitted 56 years ago by Pub. L. 91-605 to r/title-23-HIGHWAYS · 757 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation can fund bus lanes, bus stops, park-and-ride lots, and related transit facilities on federal-aid highways to move more people. Highway funds can also pay for transit capital projects, bus rapid transit corridors, and accommodations for other transportation modes, as long as safety isn't hurt.

(a)(1) To encourage public bus transit on federal-aid highways, and increase how many people those highways can move, the Secretary may approve as a project things like exclusive or preferential high-occupancy-vehicle lanes, highway traffic control devices, bus passenger loading areas and shelters, and fringe or corridor parking facilities — which may include electric-vehicle charging or natural-gas refueling stations — to serve high-occupancy vehicles and public transit passengers. Money apportioned under section 104(b) may pay for these. If fees are charged for a parking facility built under this section, the rate can't exceed what's needed to maintain and operate the facility and provide shuttle service to and from it, including compensation to whoever runs the facility or shuttle. (2) Beyond the projects in paragraph (1), the Secretary may also approve payment from section 104(b)(2) funds for any capital transit project eligible under chapter 53 of title 49, capital improvements connecting intercity and rural bus service, and facilities connecting highway transportation to other modes of transportation. (3) Bus corridors. The Secretary may also approve payment from section 104(b)(2) or (7) funds for a capital project to build a bus rapid transit corridor or dedicated bus lanes, including constructing or installing: (A) traffic signaling and prioritization systems; (B) redesigned intersections needed for the corridor; (C) on-street stations; (D) fare collection systems; (E) information and wayfinding systems; and (F) depots. (b) Funds apportioned under section 104(b)(1) may pay the federal share of exclusive or preferential routes or lanes for high-occupancy vehicles, trucks, and emergency vehicles. Routes built under this subsection aren't subject to the third sentence of section 109(b) of this title. (c) Accommodation of Other Modes of Transportation. The Secretary may approve, as a project paid from section 104(b) funds, modifications to existing highways needed to accommodate other modes of transportation, as long as the changes won't hurt automotive safety. (d) Metropolitan Planning. Any project carried out under this section in an urbanized area must follow the metropolitan planning requirements of section 134. (e)(1) For all purposes of this title, a project approved under subsection (a)(1) is deemed a highway project. (2) Projects approved under subsection (a)(2) are governed by all the provisions of this title that apply to surface transportation block grant projects, except where the Secretary determines a provision is inconsistent. (3) The federal share for projects under subsection (a) is the share set by section 120 of this title. (f) Availability of Rights-of-Way. Whenever there's enough land or air space within a federally funded highway's publicly acquired rights-of-way, the Secretary must authorize a state to make that land, air space, and right-of-way available — with or without charge — to a public or private authority, company, or other person, to build needed passenger, commuter, or high-speed rail, magnetic levitation systems, or other highway and nonhighway public transit facilities, as long as it won't hurt automotive safety. (g) Assistance provided under subsection (a)(2) doesn't bring a non-supervisory employee of an urban mass transportation system (or related agency) under chapter 15 of title 5 if that chapter otherwise wouldn't apply to them. (h) Funds available for subsection (a)(2) purposes must supplement — not replace — funding already authorized and available under chapter 53 of title 49.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under section 104(b) of this title shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).

(2)

In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.

(3)Bus corridors.—

In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—

(A)

traffic signaling and prioritization systems;

(B)

redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;

(C)

on-street stations;

(D)

fare collection systems;

(E)

information and wayfinding systems; and

(F)

depots.

(b)

Sums apportioned in accordance with section 104(b)(1) shall be available to finance the Federal share of projects for exclusive or preferential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of this title.

(c)Accommodation of Other Modes of Transportation.—

The Secretary may approve as a project on any Federal-aid highway for payment from sums apportioned under section 104(b) modifications to existing highways eligible under the program that is the source of the funds on such highway necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety.

(d)Metropolitan Planning.—

Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134.

(e)
(1)

For all purposes of this title, a project authorized by subsection (a)(1) of this section shall be deemed to be a highway project.

(2)

Projects authorized by subsection (a)(2) shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the surface transportation block grant program, except to the extent determined inconsistent by the Secretary.

(3)

The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in section 120 of this title.

(f)Availability of Rights-of-Way.—

In any case where sufficient land or air space exists within the publicly acquired rights-of-way of any highway, constructed in whole or in part with Federal-aid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety.

(g)

The provision of assistance under subsection (a)(2) shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable.

(h)

Funds available for expenditure to carry out the purposes of subsection (a)(2) of this section shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to chapter 53 of title 49.

Source credit: (Added Pub. L. 91–605, title I, § 111(a), Dec. 31, 1970, 84 Stat. 1719; amended Pub. L. 93–87, title I, § 121(a), Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 127, May 5, 1976, 90 Stat. 440; Pub. L. 97–424, title I, § 120, Jan. 6, 1983, 96 Stat. 2111; Pub. L. 102–240, title I, § 1027(a)–(e), title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103–272, § 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103–429, § 7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105–178, title I, § 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, §§ 1513(b), 1519(c)(8), formerly § 1519(c)(9), July 6, 2012, 126 Stat. 572, 576, renumbered § 1519(c)(8), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1446(d)(5)(D), Dec. 4, 2015, 129 Stat. 1343, 1438; Pub. L. 117–58, div. A, title I, § 11130, Nov. 15, 2021, 135 Stat. 509.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-605 · 84 Stat. 1719
  • 1973Amended · Pub. L. 93-87 · 87 Stat. 259
  • 1976Amended · Pub. L. 94-280 · 90 Stat. 440
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2111
  • 1991Amended · Pub. L. 102-240 · 105 Stat. 1966, 2088
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1374
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4389
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 126
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 572, 576
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1343, 1438
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 509

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-605 on 1970-12-31.

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