Public Law 113-287/Chapter 1015

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4419463Public Law 113-287U.S. Congress
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Chapter 1015—Transportation

Subchapter I—Airports

§ 101501. Airports in or near System units

(a) Definitions.—In this section, the terms “airport”, “project”, “project costs”, “public agency”, and “sponsor” have the meanings given the terms in section 47102 of title 49.

(b) Acquisition, Operation, and Maintenance of Airports.—

(1) Authorization.—The Secretary may plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, or in close proximity to, System units, when the Secretary determines that the airports are necessary to the proper performance of the functions of the Department of the Interior. ​
(2) Inclusion in national plan.—The Secretary shall not acquire, establish, or construct an airport under this section unless the airport is included in the national plan of integrated airport systems formulated by the Secretary of Transportation pursuant to section 47103 of title 49.
(3) Operation and maintenance must accord with standards and regulations of secretary of transportation.—The operation and maintenance of airports under this section shall be in accordance with the standards and regulations prescribed by the Secretary of Transportation.

(c) Authority of Secretary.—

(1) In general.—To carry out this section, the Secretary may—
(A) acquire necessary land and interests in or over land;
(B) contract for the construction, improvement, operation, and maintenance of airports and incidental facilities;
(C) enter into agreements with other public agencies providing for the construction, operation, or maintenance of airports by those agencies or jointly by the Secretary and those agencies on mutually satisfactory terms; and
(D) enter into other agreements and take other action with respect to the airports as may be necessary to carry out this section.
(2) Consent required.—This section does not authorize the Secretary to acquire any land, or interest in or over land, by purchase, condemnation, grant, or lease, without first obtaining the consent of the Governor of the State, and the consent of the chief executive official of the State political subdivision, in which the land is located.

(d) Authorization To Sponsor Airport Projects.—To carry out this section, the Secretary may—

(1) sponsor projects under subchapter I of chapter 471 of title 49 independently or jointly with other public agencies; and
(2) use, for payment of the sponsor’s share of the project costs of those projects, any funds that may be—
(A) contributed or otherwise made available to the Secretary for those purposes; or
(B) appropriated or otherwise specifically authorized for that purpose.

(e) Jurisdiction Over Airports.—All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by law, shall be operated as public airports, available for public use on fair and reasonable terms and without unjust discrimination.

Subchapter II—Roads and Trails

§ 101511. Authority of Secretary

(a) Roads and Trails in System Units.—The Secretary may construct, reconstruct, and improve roads and trails, including bridges, in System units.

(b) Approach Roads.—

(1) In general.—
(A) Designation.—When the Secretary determines it to be in the public interest, the Secretary may designate, as System unit approach roads, roads whose primary value ​is to carry System unit travel and that lead across land at least 90 percent owned by the Federal Government and that will connect the highways within a System unit with a convenient point on or leading to the National Highway System.
(B) Limit on length of approach roads.—
(i) In general.—A designated approach road shall not exceed—
(I) 60 miles in length between a System unit gateway and a point on or leading to the nearest convenient National Highway System road; or
(II) 30 miles in length if the approach road is on the National Highway System.
(ii) County limit.—Not to exceed 40 miles of any one approach road shall be designated in any one county.
(C) Supplementary part of system unit highway system.—An approach road designated for a System unit shall be treated as a supplementary part of the highway system of the System unit.
(2) Construction, reconstruction, and improvement.—
(A) In general.—The Secretary may construct, reconstruct, and improve approach roads designated under paragraph (1) (including bridges) and enter into agreements for the maintenance of the approach roads by State or county authorities or to maintain the approach roads when otherwise necessary.
(B) Annual allocation.—Not more than $1,500,000 shall be allocated annually for the construction, reconstruction, and improvement of System unit approach roads.
(3) Approval of secretary of agriculture required.—When an approach road is proposed under this section across or within any national forest, the Secretary shall secure the approval of the Secretary of Agriculture before construction begins.

(c) Agreement With Secretary of Transportation.—Under agreement with the Secretary, the Secretary of Transportation may carry out any provision of this section.

§ 101512. Conveyance to States of roads leading to certain historical areas

(a) Definition.—In this section, the term “State” means a State, Puerto Rico, Guam, and the Virgin Islands.

(b) Authority of Secretary.—The Secretary may, subject to conditions as seem proper to the Secretary, convey by proper quitclaim deed to any State, county, municipality, or agency of a State, county, or municipality in which the road is located, all right, title, and interest of the United States in and to any Federal Government owned or controlled road leading to any national cemetery, national military park, national historical park, national battlefield park, or national historic site administered by the Service.

(c) Notification by State, Agency, or Municipality.—Prior to the delivery of any conveyance of a road under this section, the State, county, or municipality to which the conveyance is to be made shall notify the Secretary in writing of its willingness to accept and maintain the road.

​(d) Transfer of Jurisdiction.—On the execution and delivery of the conveyance of a road under this section, any jurisdiction previously ceded to the United States by a State over the road is retroceded and shall vest in the State in which the road is located.

Subchapter III—Public Transportation
Programs for System Units

§ 101521. Transportation service and facility programs

(a) Formulation of Plans and Implementation of Projects.—The Secretary may formulate transportation plans and implement transportation projects where feasible pursuant to those plans for System units.

(b) Contracts, Operations, and Acquisitions for Improvement of Access to System Unites.—

(1) Authority of secretary.—To carry out subsection (a), the Secretary may—
(A) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units;
(B) operate those services directly in the absence of suitable and adequate agencies or carriers;
(C) acquire, by purchase, lease, or agreement, capital equipment for those services; and
(D) where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit.
(2) Specific provisions related to property acquisition.—
(A) Administration.—The acquired property shall be administered as part of the System unit.
(B) Acquisition of land or interests in land owned by state or political subdivision.—Any land or interests in land owned by a State or any of its political subdivisions may be acquired only by donation.
(C) Acquisition subject to statutory limitations.—Any land acquisition shall be subject to any statutory limitations on methods of acquisition and appropriations as may be specifically applicable to the area.

(c) Establishment of Information Programs.—The Secretary shall establish information programs to inform the public of available System unit access opportunities and to promote the use of transportation modes other than personal motor vehicles for access to and travel within the System units.

(d) Undertaking Transportation Facilities and Services.—Transportation facilities and services provided pursuant to this subchapter may be undertaken by the Secretary directly or by contract without regard to any requirement of Federal, State, or local law respecting determinations of public convenience and necessity or other similar matters. The Secretary or contractor shall consult with the appropriate State or local public service commission or other body having authority to issue certificates of convenience ​and necessity. A contractor shall be subject to applicable requirements of that body unless the Secretary determines that the requirements would not be consistent with the purposes and provisions of this subchapter.

(e) Construction of Grant of Authority Respecting Operation of Motor Vehicles Excepted From Statutory Coverage.—No grant of authority in this subchapter shall be deemed to expand the exemption of section 13506(a)(9) of title 49.

§ 101522. Transportation projects

(a) Assistance of Heads of Other Federal Departments and Agencies in Formulation and Implementation.—To carry out this subchapter, the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Commerce, and the heads of other Federal departments or agencies that the Secretary considers necessary shall assist the Secretary in the formulation and implementation of transportation projects.

(b) Compilation of Statutes and Programs.—The Secretary shall maintain a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects that might be utilized by the Secretary to carry out this subchapter.

§ 101523. Procedures applicable to transportation plans and projects

(a) During Formulation of Plan.—The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 101521 of this title—

(1) give public notice of intention to formulate the plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected System unit; and
(2) following the notice, hold a public meeting at a location convenient to the affected System unit.

(b) Prior to Implementation of Project.—Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a), the Secretary shall—

(1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and
(2) when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, submit a detailed report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

(c) Waiting Period.—When a report on a project is required under subsection (b)(2), the Secretary may proceed with the implementation of the project only after 60 days (not counting days on which the Senate or House of Representatives has adjourned for more than 3 consecutive days) have elapsed following submission of the report.

​§ 101524. Special rule for service contract to provide transportation services

Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an additional 5 years based on satisfactory performance and approval by the Secretary.

Subchapter IV—Fees

§ 101531. Fee for use of transportation services

Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary’s satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed.

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