23 U.S.C. § 137 : US Code - Section 137: Fringe and corridor parking facilities

Search 23 U.S.C. § 137 : US Code - Section 137: Fringe and corridor parking facilities

(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)(4), projects for
designating existing facilities, or for acquisition of rights of
way or construction of new facilities, 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.