Fast Act Questions and Answers - Park-and-Ride relinquishment, Section 1423

Section 1423 of the FAST Act

Questions and Answers

Date: June 23, 2016

Section 1423 of the Fixing America's Surface Transportation Act (FAST Act) allows a State transportation agency to relinquish park-and-ride lot facilities (or portions thereof) to a local government agency for highway purposes if authorized to do so under State law. However, the rights-of-way on the Interstate System must remain available for future highway improvements and any changes to the park-and-ride lot facilities that could impair the highway or interfere with the free and safe flow of traffic require FHWA approval.

Question 1: What does the term "for highway purposes" as it relates to park-and-ride lot facilities mean?

Answer: The term "for highway purposes" means that the use of the relinquished park-and-ride lot facility is for an eligible activity under title 23, United States Code.

Question 2: What laws and regulations pertain to the relinquishment of park-and-ride lot facilities?

Answer: The laws and regulations that pertain to the relinquishment of such facilities include:

• 23 U.S.C. 137 and 142 - Allow for publicly owned parking facilities on Federal-aid highway rights-of-way to aid public transportation.
• 23 U.S.C. 111 - Prohibits commercialization within the right-of-way of the Interstate System.
• FAST Act § 1423 - Allows for the relinquishment of park-and-ride lots to local government agencies.
• 23 CFR 810.106 - Permits fringe and transportation corridor parking facilities as an eligible Federal-aid project that benefits and serves the Federal-aid highways.
• 23 CFR 620 Subpart B - Allows for the relinquishment of facilities by a State highway agency to another government agency for continued highway purposes.

Question 3: What is the process for relinquishment of park-and-ride lot facilities?

Answer: The State Department of Transportation (SDOT) may relinquish a park-and-ride lot facility to a local government agency in accordance with the procedures set forth at 23 CFR 620.203(f), (i), and (j). The SDOT process for relinquishment must be documented in its State DOT Right-of-Way procedural manual in accordance with 23 CFR 710.401.

Question 4: If a local government agency is interested in requesting the relinquishment of a park-and-ride lot facility, who should it contact?

Answer: The local government agency should submit its proposal to its respective SDOT for review. If the SDOT approves a proposal for an Interstate System rights-of-way, the SDOT will submit the proposal package to the FHWA Division Administrator for review and concurrence; if the SDOT approves a proposal for a non-Interstate System rights-of-way, the SDOT will follow the requirements of its oversight and stewardship agreement.

Question 5: Are there prohibited uses of the park-and-ride lot facilities?

Answer: Yes, there are some prohibited uses such as:

• The park-and-ride lot facility may not be conveyed to a private party. It must remain in public ownership and use and any change in ownership must have prior FHWA approval. 23 CFR 810.106(a)(6).
• The FHWA has strictly interpreted 23 U.S.C. 111 to preclude commercial use of Interstate System right-of-way except where explicitly permitted by section 111, such as with the limited activities listed in subsection (b) and the sale of appropriate articles through vending machines under subsection (c).
• Any modification to the park-and-ride lot facilities that could impair the highway or interfere with the free and safe flow of traffic requires FHWA approval. 23 CFR 1.23.

Question 6: Can a contractor operate a park-and-ride lot facility?

Answer: Yes, the local government agency may allow a contractor to manage the park-and-ride lot facility with FHWA's permission. The contractor may charge a fee for public use of the park-and-ride facility; however the fee charged cannot exceed that required for the parking lot's reasonable maintenance and operation. 23 CFR 810.106(a)(4).