Sec. 11019. Interstate system reconstruction and rehabilitation pilot program
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Section 1216(b) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ; 112 Stat. 212) is amended— in paragraph (3)— in subparagraph (A), by striking the age, condition, and intensity of use of the facility and inserting an analysis demonstrating that the facility has a significant age, condition, or intensity of use to require expedited reconstruction or rehabilitation ; in subparagraph (D)(iii), by inserting , and that demonstrates the capability of that agency to perform or oversee the building, operation, and maintenance of a toll expressway system meeting criteria for the Interstate System before the semicolon at the end; and by adding at the end the following:
An analysis showing how the State plan for implementing tolls on the facility takes into account the interests and use of local, regional, and interstate travelers. An explanation of how the State will collect tolls using electronic toll collection, including at highway speeds, if practicable. A plan describing the proposed location for the collection of tolls on the facility, including any locations in proximity to a State border. Approved documentation that the project— has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ). ; by striking paragraphs
(4)and (6); by redesignating paragraph
(5)as paragraph (4); in paragraph (4)(as so redesignated)— in the matter preceding subparagraph (A), by striking Before the Secretary may permit and inserting As a condition of permitting ; in subparagraph (A)— in the matter preceding clause (i), by striking for— and inserting for permissible uses described in section 129(a)(3) of title 23, United States Code; and ; and by striking clauses
(i)through (iii); by inserting after paragraph
(4)(as so redesignated) the following: Not later than 60 days after receipt of an application under this subsection, the Secretary shall provide to the applicant a written notice informing the applicant whether— the application is complete and meets all requirements under this subsection; or additional information or materials are needed— to complete the application; or to meet the eligibility requirements under paragraph (3). Not later than 60 days after receipt of an application, the Secretary shall— identify any additional information or materials that are needed under subparagraph (A)(ii); and provide to the applicant written notice specifying the details of the additional required information or materials. Not later than 60 days after receipt of the additional information under clause (i), the Secretary shall determine if the amended application is complete and meets all requirements under this subsection. On the request of a State, the Secretary shall provide technical assistance to facilitate the development of a complete application under this paragraph that is likely to satisfy the eligibility criteria under paragraph (3). On written notice by the Secretary that the application is complete and meets all requirements of this subsection, the project is considered approved and shall be permitted to participate in the program under this subsection. For an application received under this subsection on or after the date of enactment of the DRIVE Act for the reconstruction or rehabilitation of a facility, a State shall— not later than 1 year after the date on which the application is approved, issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and not later than 2 years after the date on which the application is approved, execute a contract for the reconstruction or rehabilitation of the facility. For an application that received a conditional provisional approval under this subsection before the date of enactment of the DRIVE Act , for the reconstruction or rehabilitation of a facility, a State shall— not later than 1 year after the date of enactment of the DRIVE Act , issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and not later than 2 years after the date of enactment of the DRIVE Act , execute a contract for the reconstruction or rehabilitation of the facility. If an applicable deadline under clause
(i)or
(ii)is not met, the Secretary shall— cancel the application approval; or grant an extension of not more than 1 year for the applicable deadline, on the condition that— there has been demonstrable progress toward meeting the applicable requirements; and the requirements are likely to be met within 1 year. During the term of the pilot program, funds apportioned for the national highway performance program under section 104(b)(1) of title 23, United States Code, may not be used for a facility for which tolls are being collected under the pilot program unless the funds are used for a maintenance purpose, as defined in section 101(a) of title 23, United States Code. ; by redesignating paragraphs
(7)and
(8)as paragraphs
(8)and (9), respectively; by inserting after paragraph
(6)the following: A State may elect to withdraw participation of the State in the pilot program at any time. ; and in paragraph
(8)(as redesignated by paragraph (6)), by inserting after the date of enactment of the after DRIVE Act 10 years .
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- Pub. L. 105-178
- 112 Stat. 212
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Sec. 11019
Interstate system reconstruction and rehabilitation pilot program
Pub. L.Pub. L. 105-178
Stat.112 Stat. 212
Cites 4Cited by 0 across 0 sources