Page:United States Statutes at Large Volume 101 Part 1.djvu/188

 101 STAT. 158

PUBLIC LAW 100-17—APR. 2, 1987 the discretion of the Secretary; except that not more than 2 facihties carried out under this subsection may be located in a State. The Governor of the State of Pennsylvania shall select the facility to be carried out in such State.

Bridges.

"(4) LIMITATION ON FEDERAL SHARE.—Notwithstanding any

other provision of law, the Federal share payable for the construction or reconstruction of a toll highway, bridge, or tunnel under this subsection shall not exceed 35 percent. "(5) PUBLIC OWNERSHIP REQUIREMENT.—Each highway, bridge, tunnel, or approach thereto under this subsection must be publicly owned and operated; except that, under this subsection. Federal funds may participate in the approaches to a toll highway, toll bridge, or toll tunnel whether the highway, bridge, or tunnel is to be or has been constructed by a State or other public authority.

Bridges.

"(6) LIMITATIONS ON USE OF REVENUES.—Before the Secretary \if|

may permit Federal participation under this subsection in a State, the State highway department must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the tolled facility constructed or reconstructed under this subsection will be used only on the tolled facility, and only for construction or reconstruction costs, or for the costs necessary for the proper operation, maintenance, and debt service of the tolled facility, including resurfacing, reconstruction, rehabilitation, and restoration. "(7)

LIMITATION

ON FEDERAL PARTICIPATION

TO ORIGINAL

CONSTRUCTION.—Except for reconstruction to expand capacity, toll facilities may receive Federal participation under this chapter only once for the original construction or reconstruction of .?; the facility. "(8) EFFECT ON APPORTIONMENT.—Toll mileage constructed or ., reconstructed under this subsection shall not be used to increase a State's apportionment under any apportionment formula. "(9) N E W TOLL HIGHWAY DEFINED.—For purposes of this ^ subsection, the term 'new toll highway, bridge, or tunnel' shall / mean initial construction of a highway, bridge, or tunnel on a > new location at any time before it is open to traffic and shall not include any improvements to a toll highway, bridge, or tunnel after it is open to traffic", (b) BIENNIAL CERTIFICATION.—Such section 129 is amended by adding at the end the following new subsection: "(k) BIENNIAL CERTIFICATION.— Bridges.

,j Ante, p. 154.

"(1) To GOVERNOR.—Each operator of toll roads, toll tunnels, toll ferries, and toll bridges (other than an international toll facility or toll facility subject to an agreement under this section or section 119(e) of this title) on a Federal-aid system in a State shall biennially certify to the Governor of the State that such facilities are adequately maintained and that the operator of such toll facility has the ability to fund the replacement or repair of any such facilities that are not adequately maintained without using Federal-aid highway funds. Failure to certify shall preclude Federal funding out of the Highway Trust Fund of any facilities owned or operated by the operator of such toll facility. "(2) REPORT TO SECRETARY.—The Governor of each State shall report biennially to the Secretary on the toll facilities subject to

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