Page:United States Statutes at Large Volume 119.djvu/1268

 119 STAT. 1250

23 USC 129 note.

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PUBLIC LAW 109–59—AUG. 10, 2005 (2) by inserting before subparagraph (C) (as redesignated by paragraph (1)) the following: ‘‘(A) IN GENERAL.—There are authorized to be appropriated to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection— ‘‘(i) for fiscal year 2005, $11,000,000; and ‘‘(ii) for each of fiscal years 2006 through 2009, $12,000,000. ‘‘(B) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY TOLLS.—Of the amounts made available to carry out this subsection, $3,000,000 for each of fiscal years 2006 through 2009 shall be available only for congestion pricing pilot projects that do not involve highway tolls.’’. (b) EXPRESS LANES DEMONSTRATION PROGRAM.— (1) DEFINITIONS.—In this subsection, the following definitions apply: (A) ELIGIBLE TOLL FACILITY.—The term ‘‘eligible toll facility’’ includes— (i) a facility in existence on the date of enactment of this Act that collects tolls; (ii) a facility in existence on the date of enactment of this Act that serves high occupancy vehicles; (iii) a facility modified or constructed after the date of enactment of this Act to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds); and (iv) in the case of a new lane added to a previously non-tolled facility, only the new lane. (B) NONATTAINMENT AREA.—The term ‘‘nonattainment area’’ has the meaning given that term in section 171 of the Clean Air Act (42 U.S.C. 7501). (2) DEMONSTRATION PROGRAM.—Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall carry out 15 demonstration projects during the period of fiscal years 2005 through 2009 to permit States, public authorities, or a public or private entities designated by States, to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System— (A) to manage high levels of congestion; (B) to reduce emissions in a nonattainment area or maintenance area; or (C) to finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing one or more additional lanes (including bridge, tunnel, support, and other structures necessary for that construction) on the Interstate System. (3) LIMITATION ON USE OF REVENUES.— (A) USE.— (i) IN GENERAL.—Toll revenues received under paragraph (2) shall be used by a State, public authority, or private entity designated by a State, for— (I) debt service; (II) a reasonable return on investment of any private financing;

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