[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC142]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 142. Public transportation
(a)(1) To encourage the development, improvement, and use of public
mass transportation systems operating motor vehicles (other than on
rail) on Federal-aid highways for the transportation of passengers
(hereafter in this section referred to as ``buses''), so as to increase
the traffic capacity of the Federal-aid systems for the movement of
persons, the Secretary may approve as a project on any Federal-aid
system 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 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 as a project on the the \1\ surface transportation program
for payment from sums apportioned under section 104(b)(3) 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.
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\1\ So in original.
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(b) Sums apportioned in accordance with section 104(b)(4) 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 system for payment from sums
apportioned under section 104(b) modifications to existing highway
facilities on such system 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) Notwithstanding section 209(f)(1) of the Highway Revenue Act of
1956, the Highway Trust Fund shall be available for making expenditures
to meet obligations resulting from projects authorized by subsection
(a)(2) of this section and such projects shall be subject to, and
governed in accordance with, all provisions of this title applicable to
projects on the surface transportation 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 exits \2\ 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.
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\2\ So in original. Probably should be ``exists''.
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(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.
(i) The provisions of section 5323(a)(1)(D) of title 49 shall apply
in carrying out subsection (a)(2) of this section.
(Added Pub. L. 91-605, title I, Sec. 111(a), Dec. 31, 1970, 84 Stat.
1719; amended Pub. L. 93-87, title I, Sec. 121(a), Aug. 13, 1973, 87
Stat. 259; Pub. L. 94-280, title I, Sec. 127, May 5, 1976, 90 Stat. 440;
Pub. L. 97-424, title I, Sec. 120, Jan. 6, 1983, 96 Stat. 2111; Pub. L.
102-240, title I, Sec. 1027(a)-(e), title III, Sec. 3003(b), Dec. 18,
1991, 105 Stat. 1966, 2088; Pub. L. 103-272, Sec. 5(f)(2), July 5, 1994,
108 Stat. 1374; Pub. L. 103-429, Sec. 7(a)(4)(C), Oct. 31, 1994, 108
Stat. 4389; Pub. L. 105-178, title I, Sec. 1103(l)(3)(D), (4), June 9,
1998, 112 Stat. 126.)
References in Text
Section 209(f)(1) of the Highway Revenue Act of 1956, referred to in
subsec. (e)(2), is set out as a note under section 120 of this title.
Amendments
1998--Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(4), substituted
``section 104(b)(4)'' for ``paragraph (5) of subsection (b) of section
104 of this title''.
Subsec. (c). Pub. L. 105-178, Sec. 1103(l)(3)(D), struck out
``(other than section 104(b)(5)(A))'' after ``section 104(b)''.
1994--Subsec. (a)(2). Pub. L. 103-272, Sec. 5(f)(2)(A), substituted
``chapter 53 of title 49'' for ``the Federal Transit Act''.
Subsec. (h). Pub. L. 103-272, Sec. 5(f)(2)(B), as amended by Pub. L.
103-429, Sec. 7(a)(4)(C), substituted ``chapter 53 of title 49'' for
``the Federal Transit Act, as amended''.
Subsec. (i). Pub. L. 103-272, Sec. 5(f)(2)(C), as amended by Pub. L.
103-429, Sec. 7(a)(4)(C), substituted ``section 5323(a)(1)(D) of title
49'' for ``section 3(e)(4) of the Federal Transit Act, as amended,''.
1991--Subsec. (a)(2). Pub. L. 102-240, Sec. 1027(a), struck out ``,
beginning with the fiscal year ending June 30, 1975,'' after ``the
Secretary may'', substituted ``the surface transportation program'' for
``Federal-aid urban system,'' and substituted ``104(b)(3) for carrying
out any capital transit project eligible for assistance under the
Federal Transit Act, 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.'' for ``104(b)(6) of this title, the
purchase of buses, and, beginning with the fiscal year ending June 30,
1976, approve as a project on the Federal-aid urban system, for payment
from sums apportioned under section 104(b)(6) of this title, the
construction, reconstruction, and improvement of fixed rail facilities,
including the purchase of rolling stock for fixed rail, except that not
more than $200,000,000 of all sums apportioned for the fiscal year
ending June 30, 1975, under section 104(b)(6) shall be available for the
payment of the Federal share of projects for the purchase of buses.''
Subsec. (c). Pub. L. 102-240, Sec. 1027(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Whenever
responsible local officials of an urbanized area notify the State
highway department that, in lieu of a highway project the Federal share
of which is to be paid from funds apportioned under section 104(b)(6) of
this title for the fiscal years ending June 30, 1974, and June 30, 1975,
their needs require a nonhighway public mass transit project involving
the construction of fixed rail facilities, or the purchase of passenger
equipment, including rolling stock for any mode of mass transit, or
both, and the State highway department determines that such public mass
transit project is in accordance with the planning process under section
134 of this title and is entitled to priority under such planning
process, such public mass transit project shall be submitted for
approval to the Secretary. Approval of the plans, specifications, and
estimates for such project by the Secretary shall be deemed a
contractual obligation of the United States for payment out of the
general funds of its proportional share of the cost of such project in
an amount equal to the Federal share which would have been paid if such
project were a highway project under section 120(a) of this title. Funds
previously apportioned to such State under section 104(b)(6) of this
title shall be reduced by an amount equal to such Federal share.''
Subsec. (d). Pub. L. 102-240, Sec. 1027(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``The
establishment of routes and schedules of such public mass transportation
systems in urbanized areas shall be based upon a continuing
comprehensive transportation planning process carried on in accordance
with section 134 of this title.''
Subsec. (e)(2). Pub. L. 102-240, Sec. 1027(e)(1), substituted
``surface transportation program'' for ``Federal-aid urban system''.
Subsec. (f). Pub. L. 102-240, Sec. 1027(e)(2), (3), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which read as
follows: ``No project authorized by this section shall be approved
unless the Secretary of Transportation has received assurances
satisfactory to him from the State that high occupancy vehicles will
fully utilize the proposed project.''
Subsec. (g). Pub. L. 102-240, Sec. 1027(e)(3), (4), redesignated
subsec. (h) as (g) and struck out ``or subsection (c) of this section''
after ``(a)(2)''. Former subsec. (g) redesignated (f).
Pub. L. 102-240, Sec. 1027(d), amended subsec. (g) generally. Prior
to amendment, subsec. (g) read as follows: ``In any case where
sufficient land exists within the publicly acquired rights-of-way of any
Federal-aid highway to accommodate needed rail or non-highway public
mass transit facilities and where this can be accomplished without
impairing automotive safety or future highway improvements, the
Administrator may authorize a State to make such lands and rights-of-way
available without charge to a publicly owned mass transit authority for
such purposes wherever he may deem that the public interest will be
served thereby.''
Subsec. (h). Pub. L. 102-240, Sec. 3003(b), substituted ``Federal
Transit Act'' for ``Urban Mass Transportation Act of 1964''.
Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (i) as
(h) and struck out ``and subsection (c)'' after ``(a)(2)''. Former
subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 102-240, Sec. 3003(b), substituted ``Federal
Transit Act'' for ``Urban Mass Transportation Act of 1964''.
Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (j) as
(i) and struck out ``and subsection (c)'' after ``(a)(2)''. Former
subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 102-240, Sec. 1027(e)(3), redesignated subsec.
(j) as (i).
Subsec. (k). Pub. L. 102-240, Sec. 1027(e)(2), struck out subsec.
(k) which read as follows: ``The Secretary shall not approve any project
under subsection (a)(2) of this section in any fiscal year when there
has been enacted an Urban Transportation Trust Fund or similar assured
funding for both highway and public transportation.''
1983--Subsec. (a)(1). Pub. L. 97-424, Sec. 120(a), inserted ``and
the cost of providing shuttle service to and from the facility'' after
``of the facility'', and ``and for providing such shuttle service''
after ``operating the facility''.
Pub. L. 97-424, Sec. 120(b)(1), substituted ``high occupancy vehicle
lanes'' for ``bus lanes'' after ``preferential'', and ``high occupancy
vehicle and'' for ``bus and other'' after ``facilities to serve''.
Subsec. (b). Pub. L. 97-424, Sec. 120(b)(2), substituted ``high
occupancy vehicle'' for ``bus'' after ``preferential''.
Subsec. (f). Pub. L. 97-424, Sec. 120(b)(3), substituted ``high
occupancy vehicles'' for ``public mass transportation systems''.
1976--Subsec. (a)(1). Pub. L. 94-280, Sec. 127(a), inserted
provision that 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
(including compensation to any person for operating the facility).
Subsec. (e)(3). Pub. L. 94-280, Sec. 127(b), substituted ``section
120 of this title'' for ``section 120 of this section''.
1973--Subsec. (a). Pub. L. 93-87 designated existing provisions as
par. (1), substituted ``operating motor vehicles (other than on rail) on
Federal-aid highways'' for ``operating motor vehicles on highways, other
than on rails'', struck out ``within urbanized areas'' after ``
`buses')'', inserted ``for the movement of persons'' after ``Federal-aid
systems'', and substituted provisions respecting availability of sums
apportioned under section 104(b) of this title for prior provisions for
such sums apportioned in accordance with pars. (3), (5), and (6) of
section 104(b) of this title, and added par. (2).
Subsec. (b). Pub. L. 93-87 added subsec. (b). Former subsec. (b)
redesignated (d).
Subsec. (c). Pub. L. 93-87 added subsec. (c). Former subsec. (c)
incorporated in subsec. (e)(1), (3) of this section.
Subsec. (d). Pub. L. 93-87 redesignated former subsec. (b) as (d),
inserted ``in urbanized areas'' after ``transportation systems'', and
struck out former subsec. (d) provisions which prohibited any project
authorized by this section, other than a project for fringe or
transportation parking facilities, from being approved unless the
project would avoid the construction of a highway project which
increases automobile traffic capacity, would provide a capacity for the
movement of persons at least equal to that which would be provided by
the avoided highway project, and would not exceed in the amount of the
Federal share, the Federal share of the cost of the avoided highway
project; or no other feasible or prudent highway project could provide
the additional capacity for the movement of persons by motor vehicles on
highways (other than on rails) provided by this project.
Subsec. (e). Pub. L. 93-87 incorporated provisions of former subsec.
(c) in pars. (1) and (3) and added par. (2). Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 93-87 redesignated former subsec. (e) as (f)
and substituted ``will fully utilize'' for ``will have adequate
capability to fully utilize''.
Subsecs. (g) to (k). Pub. L. 93-87 added subsecs. (g) to (k).
Effective Date of 1994 Amendment
Section 7(a) of Pub. L. 103-429 provided in part that the amendment
made by that section is effective July 5, 1994.
Effective Date of 1991 Amendment
Amendment by section 1027 of Pub. L. 102-240 effective Dec. 18,
1991, and applicable to funds authorized to be appropriated or made
available after Sept. 30, 1991, and, with certain exceptions, not
applicable to funds appropriated or made available on or before Sept.
30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
Rural Highway Transportation Demonstration Program; Appropriations
Authorization; Public Notice and Hearing
Section 147 of Pub. L. 93-87, as amended by Pub. L. 93-643,
Sec. 103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94-280, title I,
Sec. 129, May 5, 1976, 90 Stat. 440; Pub. L. 95-599, title I, Sec. 132,
Nov. 6, 1978, 92 Stat. 2708, provided for authorization of
appropriations of $15,000,000 for the fiscal year ending June 30, 1975,
and $60,000,000 for the fiscal year ending June 30, 1976, to carry out
demonstration projects for public mass transportation projects in rural
and small urban areas, authorized availability of such sums for a period
of two years after the close of the fiscal year for which authorized,
and required public notice and hearing for such projects.
Transportation for Elderly and Handicapped Persons
Pub. L. 93-643, Sec. 105(a), Jan. 4, 1975, 88 Stat. 2282, provided
that: ``It is hereby declared to be the national policy that elderly and
handicapped persons have the same right as other persons to utilize mass
transportation facilities and services; that special efforts shall be
made in the planning, design, construction, and operation of mass
transportation facilities and services so that the availability to
elderly and handicapped persons of mass transportation which they can
effectively utilize will be assured; and that all Federal programs
offering assistance for mass transportation (including the programs
under title 23, United States Code, the Federal-Aid Highway Act of 1973,
and this Act [see Short Title of 1973 Amendment note under 101 of this
title]) effectively implement this policy.''
Bus and Other Project Standards
Section 165 of Pub. L. 93-87, as amended by Pub. L. 93-643,
Sec. 105(b), Jan. 4, 1975, 88 Stat. 2283, provided that:
``(a) The Secretary of Transportation shall require that buses
acquired with Federal financial assistance under (1) subsection (a) or
(c) of section 142 of title 23, United States Code, (2) paragraph (4) of
subsection (e) of section 103, title 23, United States Code, or (3)
section 147 of the Federal-aid Highway Act of 1973 [set out as a note
under this section] meet the standards prescribed by the Administrator
of the Environmental Protection Agency under section 202 of the Clean
Air Act [section 7521 of Title 42, The Public Health and Welfare], and
under section 6 of the Noise Control Act of 1972 [section 4905 of Title
42], a
