(a) The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility).
(b) The Secretary shall not approve any project under this section until—
(1) he has determined that the State, or the political subdivision thereof, where such project is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility;
(2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and
(3) he has approved design standards for constructing such facility developed in cooperation with the State transportation department.
(c) The term "parking facilities" for purposes of this section shall include access roads, buildings, structures, equipment, improvements, and interests in lands.
(d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility.
(e) The Secretary shall not approve any project under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.
(f)
(1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway.
(2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and maintenance, including compensation to any person for operating the facility.
(3) For the purposes of this subsection, the terms "facilities" and "parking facilities" are synonymous and shall have the same meaning given "parking facilities" in subsection (c) of this section.
(g)
Editorial Notes
Amendments
2012—Subsec. (f)(1). Pub. L. 112–141, §1513(a)(1), substituted "104(b)(1)" for "104(b)(4)" and inserted "including the addition of electric vehicle charging stations or natural gas vehicle refueling stations," after "new facilities,".
Subsec. (g). Pub. L. 112–141, §1513(a)(2), added subsec. (g).
2005—Subsec. (a). Pub. L. 109–59 substituted "on a Federal-aid highway" for "on the Federal-aid urban system".
1998—Subsec. (b)(3). Pub. L. 105–178, §1212(a)(2)(A)(i), substituted "State transportation department" for "State highway department".
Subsec. (f)(1). Pub. L. 105–178, §1103(l)(3)(B), substituted "section 104(b)(4)" for "section 104(b)(5)(B) of this title".
1983—Subsec. (f). Pub. L. 97–424 added subsec. (f).
1970—Pub. L. 91–605 substituted "Fringe and corridor parking facilities" for "Limitation on authorization of appropriations for certain purposes" in section catchline.
Subsec. (a). Pub. L. 91–605 substituted provisions permitting the Secretary to approve construction of publicly owned parking facilities under the Federal-aid urban system for provisions limiting authorization of appropriations under section 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing these sections and provisions from being construed as authority for any appropriations not specifically authorized in these sections and provisions.
Subsec. (b). Pub. L. 91–605 substituted provisions preventing project approval by the Secretary unless the State or political subdivision thereof where the project is located can construct, maintain, and operate the facility, unless the Secretary has entered into an agreement with the State or political subdivision governing the financing, maintenance, and operation of the facility, and unless the Secretary has approved design standards for construction of the facility for provisions limiting authorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing appropriations to carry out these sections and provisions unless they are specific as to the amount authorized and as to the fiscal year.
Subsec. (c). Pub. L. 91–605 substituted provisions defining "parking facilities" for provisions limiting authorization of appropriations under sections 131, 136, and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing the highway trust fund from being a source of appropriation for these sections and provisions in an amount exceeding the tax imposed by section 4061(a)(2) of Title 26, if such tax was imposed at a rate of 1% plus additional amounts appropriated from the general fund to the highway trust fund for such purposes except that the total of all appropriations made from such fund to carry out these sections and provisions shall never exceed the total of all appropriations made to such fund based on the imposition of such tax plus additional amounts appropriated from the general fund to the highway trust fund for such purposes.
Subsecs. (d), (e). Pub. L. 91–605 added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Relinquishment of Park-and-Ride Lot Facilities
Pub. L. 114–94, div. A, title I, §1423, Dec. 4, 2015, 129 Stat. 1425, provided that: "A State transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that—
"(1) rights-of-way on the Interstate System will remain available for future highway improvements; and
"(2) modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Secretary [of Transportation]."
Jason's Law
Pub. L. 112–141, div. A, title I, §1401, July 6, 2012, 126 Stat. 554, provided that:
"(a)
"(b)
"(1) serve the National Highway System; and
"(2) may include the following:
"(A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles.
"(B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.
"(C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.
"(D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.
"(E) Constructing turnouts along the National Highway System for commercial motor vehicles.
"(F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round.
"(G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.
"(c)
"(1)
"(A) to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation;
"(B) to assess the volume of commercial motor vehicle traffic in the State; and
"(C) to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State.
"(2)
"(3)
"(d)
"(1)
"(2)
"(3)
"(e)
Truck Parking Facilities
Pub. L. 109–59, title I, §1305, Aug. 10, 2005, 119 Stat. 1214, which related to truck parking facilities, was repealed by Pub. L. 112–141, div. A, title I, §1519(b)(2), July 6, 2012, 126 Stat. 575.
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