
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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], and shall authorize the acquisition, wherever practicable, of buses 
which meet the special criteria for low-emission vehicles set forth in 
section 212 of the Clean Air Act [section 7546 of Title 42], and for 
low-noise-emission products set forth in section 15 of the Noise Control 
Act of 1972 [section 4914 of Title 42].
    ``(b) The Secretary of Transportation shall require that projects 
receiving 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 
above] shall be planned, designed, constructed, and operated to allow 
effective utilization by elderly or handicapped persons who, by reason 
of illness, injury, age, congenital malfunction, or other permanent or 
temporary incapacity or disability, including those who are 
nonambulatory wheelchair-bound and those with semiambulatory 
capabilities, are unable without special facilities or special planning 
or design to utilize such facilities and services effectively. The 
Secretary shall not approve any program or project to which this section 
applies which does not comply with the provisions of this subsection 
requiring access to public mass transportation facilities, equipment, 
and services for elderly or handicapped persons.''

                  Section Referred to in Other Sections

    This section is referred to in section 156 of this title; title 15 
section 794; title 49 section 5323.
