Page:United States Statutes at Large Volume 112 Part 1.djvu/239

 PUBLIC LAW 105-178—JUNE 9, 1998 112 STAT. 213 otherwise be adequately maintained or functionally improved without the collection of tolls. (2) LIMITATION ON NUMBER OF FACILITIES. —The Secretary may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. Each of such facilities shall be located in a different State. (3) ELIGIBILITY.— To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following: (A) An identiHcation of the facility on the Interstate System proposed to be a toll facility, including the age, condition, and intensity of use of the facility. (B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization established under section 134 of title 23, United States Code, for the area has been consulted concerning the placement and amount of tolls on the facility. (C) An analysis demonstrating that the facility could not be maintained or improved to meet current or future needs from the State's apportionments and allocations made available by this Act (including amendments made by this Act) and from revenues for highways from any other source without toll revenues. (D) A facility management plan that includes— (i) a plan for implementing the imposition of tolls on the facility; (ii) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues; (iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (iv) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and (v) such other information as the Secretary may require. (4) SELECTION CRITERIA.— The Secretary may approve the application of a State under paragraph (3) only if the Secretary determines that— (A) the State is unable to reconstruct or rehabilitate the proposed toll facility using existing apportionments; (B) the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls; (C) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (D) the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable; and (E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System.

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