Sec. 1405. Toll roads, bridges, tunnels, and ferries

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Section 129(a) of title 23, United States Code, is amended— in paragraph (1)— by striking subparagraphs (B), (G), and

(H)and redesignating— subparagraphs

(C)through

(F)as subparagraphs

(B)through (E), respectively; and subparagraph

(I)as subparagraph (H); in subparagraph (B), as redesignated, by— inserting , including such facilities after tunnel in the first place it appears; and adding a comma after Interstate System ; and by inserting after subparagraph (E), as redesignated, the following: reconstruction of a toll-free Federal-aid highway on the Interstate System and conversion of the highway to a toll facility, subject to the approval of the Secretary in accordance with paragraph (12); conversion of 1 or more lanes on a toll-free highway, bridge or tunnel (including highways, bridges or tunnels on the Interstate System) to a toll facility for the purpose of reducing or managing high levels of congestion, subject to the approval of the Secretary in accordance with paragraph (12); and ; in paragraph (3)(A), by— striking shall use and inserting shall ensure that ; inserting are used after toll facility in the second place it appears; redesignating clauses

(iv)and

(v)as clauses

(vi)and (vii), respectively; inserting after clause

(iii)the following: any costs necessary for the improvement and operation of public transportation service that— is provided within the transportation corridor in which the toll facility is located; or contributes to the improved operation of the toll facility or the highway on which the toll facility is located; any costs necessary for mitigating any adverse impacts related to the tolling of the facility and identified under the National Environmental Policy Act process as a priority by the State or public authority imposing the tolls; ; and inserting or before the period at the end of clause (vii), as redesignated; chapter 53 of title 49 by amending paragraph

(4)to read as follows: A public authority with jurisdiction over a toll-free highway, bridge, or tunnel that is converted to a toll facility that is tolled under paragraph (1)(G) shall manage the demand to use the facility by varying the toll amount that is charged. A high occupancy vehicle facility converted to a toll facility under paragraph (1)(G) shall be subject to the requirements of section 166 of this title. ; by redesignating paragraph

(10)as paragraph (11); by inserting after paragraph

(9)the following: Fees collected from motorists using a toll facility that is tolled pursuant to this section and opened to traffic on or after October 1, 2016, shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the toll facility. ; and by inserting at the end the following: A facility tolled under paragraph (1)(F) or (1)(G) shall receive the approval of the Secretary according to criteria that the Secretary shall publish in the Federal Register. . Section 129(c)(2) of title 23, United States Code, is amended by inserting , ferry boats carrying commercial motor vehicles and passengers, before the phrase and ferry boats carrying passengers only. . Section 1216(b) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ) is repealed.

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Pub. L. 105-178

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Sec. 1405

Toll roads, bridges, tunnels, and ferries

Pub. L.Pub. L. 105-178

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