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).