This program, which was created by SAFETEA-LU, authorizes tolling on up to three IHS facilities to finance construction of new Interstate highways. Applicant states must demonstrate that tolling is the most efficient and economical way to finance construction of the facility. If tolling is implemented pursuant to this program through a PPP, the state(s) may not agree to prevent improvements or expansions of nearby public roads through a non-compete provision.74 On August 16, 2007, USDOT announced that South Carolina was awarded a slot in this program to use tolling to build an 80-mile stretch of I-73 connecting Myrtle Beach to North Carolina.75 The South Carolina Department of Transportation posted a notice on its website requesting conceptual proposals to design, build, finance and operate I-73 using a PPP.76 The notice indicates that the project will be totally or substantially privately financed.
The allocation of a slot to a facility under this program is not limited to the state in which the facility is located. Thus, USDOT's award of a slot to I-73 would make any state constructing a portion of I-73 eligible to apply and receive authority to toll its portion of I-73.
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74 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Opportunities for State and Other Qualifying Agencies To Gain Authority to Toll Facilities Constructed Using Federal Funds, Federal Register, Vol. 71, No.4, January 6, 2006 ("Tolling and Pricing FR Notice").
75 South Carolina to Begin Plans to Build I-73 Under A New Pilot Program for Tolling Interstates, USDOT, August 16, 2007.
76 Notice to Parties Interested in Public-Private Partnerships for Design/Build Developmentand Financing of an Interstate Highway (http://www.dot.state.sc.us/doing/pdfs/I73_Announce.pdf (last visited July 7, 2008)).