Any Federal law that applies to a Federal or federally-assisted project would apply to Public-Private Partnerships. Major Federal-aid highway laws (U.S. Code Title 23) include:
• Design. Adherence to minimum design standards and specifications adopted by FHWA.8
• Procurement. Following prescribed policies and procedures related to procurement of engineering, design and construction services, and the purchase of materials (see 23 CFR Parts 172 and 635 for more information).
• Construction. Complying with labor and employment rules applying to all workers involved in constructing a Federal-aid project (see 23 CFR Part 633). In addition, all projects receiving TIFIA assistance must comply with all generally applicable Federal laws and regulations, including:
o Nondiscrimination. The non-discrimination provisions of Title VI of the Civil Rights Act of 1964 and other Federal non-discrimination laws.
o Environment. Evaluation of environmental impacts under the National Environmental Policy Act of 1969 (NEPA), as well as compliance with other Federal environmental laws such as the Clean Air Act, the Clean Water Act, and the Endangered Species Act.
o Acquisition and Relocation Assistance. Property must be acquired consistent with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and provisions must be made for replacement dwellings and relocation advisory services.
Safety is the number one priority for the U.S. DOT, and it will be important for projects developed through Public-Private Partnerships to follow the Department's safety goals. Candidate projects for Public-Private Partnerships will typically carry large volumes of traffic, and will be more complex in terms of design and operations. It will be important to fully consider safety as these projects are developed.
One example of how safety will be considered in projects developed through Public-Private Partnerships is the adherence to minimum design and safety standards. These standards have been adopted by FHWA and industry, and have a long history of use and success in achieving a level of safety for the traveling public. Three major documents applied to Federal projects are: A Policy on Geometric Design of Highways and Streets, which provides design standards for all classifications of roadways; the Roadside Design Guide, which provides standards for roadside treatments such as guardrail, and proper roadside clearance, sometimes known as the "clear zone" or "recovery area" of the roadway; and the Manual on Uniform Traffic Control Devices (MUTCD), the document that establishes national uniformity of signs and markings. See http://mutcd.fhwa.dot.gov.
Federal standards apply to all projects on the National Highway System (NHS), which is comprised of approximately 160,000 miles of roadway nationally, including all of the Interstate system. These standards apply regardless of how the project is funded, whether 100 percent State funds, a combination of Federal and State funds, or by Public-Private Partnerships. For projects off the NHS, State standards apply to projects. To a large degree, State standards are also based upon the documents referenced above.
The information above highlights key Federal requirements but is not comprehensive. For more information on applicable Federal laws, see Appendix H to U.S. DOT Report to Congress on Public-Private Partnerships, December 2004 at http://www.fhwa.dot.gov/reports/pppdec2004/index.htm#apph
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8 For more information on design standards, see A Policy on Geometric Design of Highways and Streets, or the "Green Book," published by the American Association of State Highway and Transportation Officials. Information on the Green Book and other design standards can be found at http://www.fhwa.dot.gov/programadmin/standards.html