Fact Sheet: Interstate System Reconstruction and Rehabilitation Pilot Program
For further information, please contact:
Cynthia L. Essenmacher
Federal Tolling Program
Center for Innovative Finance Support at (202) 780-6178
Printable Version (PDF)
The FAST Act Section 1411(c) amends the ISRRPP authorized under Section
1216(b) of the Transportation Equity Act for the 21st Century (TEA-21).
The ISRRPP allows a State to collect tolls on a facility on the Interstate
System in order to reconstruct or rehabilitate an Interstate highway
corridor that could not otherwise be adequately maintained or functionally
improved without the collection of tolls. Up to three facilities may
participate in the ISRRPP, and each must be geographically located in
a different State.
Any State receiving a provisional approval has 3 years from the date
of the approval to fully satisfy the program criteria, complete environmental
review and permitting, and execute a toll agreement with FHWA. A one
year extension is allowed if the State demonstrates material progress
toward implementation of its pilot project.
This program does not offer additional Federal funds for
To be selected for provisional approval in the ISRRPP, an applicant
must meet the following requirements.
- Interstate Facility
A facility on the Interstate System is
considered to be a route on the Dwight D. Eisenhower National System
of Interstate and Defense Highways as described in 23 U.S.C. 103(c).
- Toll Revenue Uses
Toll revenues collected under the ISRRPP
can be used only to support the rehabilitation or reconstruction
of the candidate project. The program does not allow for "surplus"
revenues to support other projects. The State must execute an agreement
with FHWA specifying that toll revenues be used only for the purposes
set forth in Section 1216(b)(5) of TEA-21. Additionally, the toll
agreement must include a provision that the State will conduct regular
(e.g., annual) audits to ensure compliance with the provisions regarding
use of toll revenues
- Federal-aid Requirements
Each ISRRPP project must satisfy
the applicable Federal laws, rules and regulations set forth in
title 23 U.S.C. and title 23 Code of Federal Regulations, regardless
of the sources of funds that finance the project's construction.
ISRRPP Eligibility and Selection Criteria:
A State that seeks to participate in the pilot program must submit
an application that addresses the program's statutory eligibility and
selection criteria as described below.
- Project Description: An identification of the facility
on the Interstate System proposed to become a toll facility, including
the age, condition, and intensity of use of the facility.
- MPO Consultation: In the case of a facility that affects
a metropolitan area, a description of the State's current consultations
regarding the candidate project with that area's metropolitan planning
organization (MPO) established under 23 U.S.C. 134. Full satisfaction
of this eligibility criterion requires an assurance that the MPO
for the area has been consulted concerning the placement and amount
of tolls on the facility.
- Financial Analysis: An analysis demonstrating that
the facility could not be maintained or improved to meet current
or future needs from the State's Federal-aid apportionments and
allocations and from revenues for highways from any other source
without toll revenues.
- Facility Management Plan:
- A plan for implementing tolls on the facility. Note that
an approved plan must take into account the interests of local,
regional, and interstate travelers.
- A proposed schedule and finance plan for the reconstruction
or rehabilitation of the facility using toll revenues. The
plan should give extensive focus to the development phase requirements,
including among its milestones the completion of NEPA, the acquisition
of tolling authority from the legislature, and the issuance
of any debt backed by toll revenues.
- A description of the public transportation agency that will
be responsible for implementation and administration of the
- 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. Note that the ISRRPP selection criteria
require the State to give 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
- A statement as to whether the State currently has the authority
required for the toll project to proceed and, if not, a plan
and timetable for when such authority will be obtained.
- The State is unable to reconstruct or rehabilitate the proposed
toll facility using existing apportionments.
- The facility has a sufficient intensity of use, age, or condition
to warrant the collection of tolls
- The State plan for implementing tolls on the facility takes
into account the interests of local, regional, and interstate travelers.
- The State plan for reconstruction or rehabilitation of the facility
using toll revenues is reasonable.
- 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.
- The State has the authority required for the project to proceed.