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                 Gongesssoa
               Research Service






The Moving Forward Act (H.R. 2) Would Both

Restrict and Encourage Highway Tolls



June  26,  2020

Section 1110 of the Moving Forward Act (H.R. 2, as reported) would make substantial changes to the
statutory and regulatory framework governing highway transportation tolls. Some of the changes would
increase federal oversight of tolling operations while others encourage state and local governments to
increase use of tolling. On the one hand, by reinstating the requirement that a detailed tolling agreement
be negotiated between states or public authorities and the Secretary of Transportation before a previously
untolled federal-aid highway, bridge, or tunnel is made subject to tolls, the provision would increase the
oversight role of the U.S. Department of Transportation (DOT). On the other hand, the congestion pricing
provisions in the act would increase the ability of states to implement tolling on congested Interstate
System highways. These new provisions, together with the complexity of existing law, could create
ambiguity about what is and what is not permissible when implementing new tolling schemes.
Federal tolling law applies only to roads, bridges, and tunnels that are eligible for federal aid. These
facilities, referred to as federal-aid highways, make up about 1 million of the roughly 4 million miles of
public roads in the United States. Within the federal-aid highways is a category of designated major
highways referred to as the National Highway System (NHS), which includes about 220,000 miles of
highways. Within the NHS are the Interstate System highways, which make up just under 49,000 miles of
highways.

Toll  Agreements

For many years, federal law required that before the Secretary of Transportation could authorize tolling of
a federal-aid highway, bridge, or tunnel, the tolling authority with jurisdiction over the facility had to
enter into an agreement with the Secretary. Toll agreements generally included such provisions as a
description of the facility, a commitment on the use of revenues, and a provision on federal access to
records. This requirement was eliminated in FY2013 by the Moving Ahead for Progress in the 21st
Century Act (MAP-21; P.L. 112-141).
The Moving  Forward Act would reinstate a requirement that DOT and the state or local agency with
jurisdiction over the relevant federal-aid highway, bridge, or tunnel reach an agreement regarding the
implementation of tolls. This requirement would apply to any new tolling of a federal-aid highway. It
would not apply to changes in toll rates, which are not subject to federal regulation. In addition, the bill
                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN11439

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