Page:United States Statutes at Large Volume 119.djvu/1272

 119 STAT. 1254

PUBLIC LAW 109–59—AUG. 10, 2005 (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. (5) PROHIBITION ON NONCOMPETE AGREEMENTS.—Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agreement with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including— (A) excessive congestion; (B) pavement wear; and (C) an increased incidence of traffic accidents, injuries, or fatalities. (6) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that— (A) all toll revenues received from operation of the toll facility will be used only for— (i) debt service; (ii) reasonable return on investment of any private person financing the project; and (iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and (B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary. (7) LIMITATION ON USE OF INTERSTATE MAINTENANCE FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. (8) PROGRAM TERM.—The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of enactment of this Act. (9) INTERSTATE SYSTEM DEFINED.—In this section, the term ‘‘Interstate System’’ has the meaning such term has under section 101 of title 23, United States Code.

Contracts.

Contracts.

Subtitle G—High Priority Projects SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM.

(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—Section 117(a) of title 23, United States Code, is amended to read as follows: ‘‘(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—

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