23 U.S.C. § 142 : US Code - Section 142: Public transportation

Search 23 U.S.C. § 142 : US Code - Section 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.
(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.
(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) (!3) of title 49
shall apply in carrying out subsection (a)(2) of this section.