-CITE-

23 USC CHAPTER 3 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

CHAPTER 3 - GENERAL PROVISIONS

-MISC1-

Sec.

301. Freedom from tolls.

302. State transportation department.

303. Management systems.

304. Participation by small business enterprises.

305. Archeological and paleontological salvage.

306. Mapping.

[307. Repealed.]

308. Cooperation with Federal and State agencies and

foreign countries.

309. Cooperation with other American Republics.

310. Civil Defense

311. Highway improvements strategically important to the

national defense.

312. Detail of Army, Navy, and Air Force officers.

[313. Repealed.]

314. Relief of employees in hazardous work.

315. Rules, regulations, and recommendations.

316. Consent by United States to conveyance of property.

317. Appropriation for highway purposes of lands or

interests in lands owned by the United States.

318. Highway relocation due to airport.

319. Landscaping and scenic enhancement.

320. Bridges on Federal dams.

[321. Repealed.]

322. Magnetic levitation transportation technology

deployment program.

323. Donations and credits.

324. Prohibition of discrimination on the basis of sex.

[325. Repealed.]

[326. Repealed.]

AMENDMENTS

1998 - Pub. L. 105-178, title I, Secs. 1212(a)(2)(B)(i), 1218(b),

1301(d)(3), title V, Sec. 5119(c), June 9, 1998, 112 Stat. 193,

219, 226, 452, substituted "State transportation department" for

"State highway department" in item 302, struck out items 307

"Research and planning" and 321 "National Highway Institute", added

item 322, substituted "Donations and credits" for "Donations" in

item 323, and struck out items 325 "International highway

transportation outreach program" and 326 "Education and training

program".

1991 - Pub. L. 102-240, title I, Sec. 1034(b), title VI, Secs.

6003(b), 6004(b), Dec. 18, 1991, 105 Stat. 1978, 2168, 2169, added

items 303, 325, and 326.

1987 - Pub. L. 100-17, title I, Sec. 133(e)(1), Apr. 2, 1987, 101

Stat. 173, struck out item 322 "Demonstration project - rail

crossings".

1983 - Pub. L. 97-449, Sec. 5(d)(2), Jan. 12, 1983, 96 Stat.

2442, struck out item 303 "Bureau organization".

1973 - Pub. L. 93-87, title I, Secs. 145(b), 162(b), Aug. 13,

1973, 87 Stat. 273, 280, added items 323 and 324.

1970 - Pub. L. 91-605, title I, Sec. 115(b), title II, Sec.

205(b), Dec. 31, 1970, 84 Stat. 1723, 1743, added items 321 and

322.

1966 - Pub. L. 89-564, title I, Sec. 102(b)(2), Sept. 9, 1966, 80

Stat. 735, struck out item 313 relating to Highway Safety

Conference.

1965 - Pub. L. 89-285, title III, Sec. 301(b), Oct. 22, 1965, 79

Stat. 1032, inserted "and scenic enhancement" after "Landscaping"

in item 319.

-End-

-CITE-

23 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 301. Freedom from tolls

-STATUTE-

Except as provided in section 129 of this title with respect to

certain toll bridges and toll tunnels, all highways constructed

under the provisions of this title shall be free from tolls of all

kinds.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 912.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 129 of this title.

-End-

-CITE-

23 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 302. State transportation department

-STATUTE-

(a) Any State desiring to avail itself of the provisions of this

title shall have a State transportation department which shall have

adequate powers, and be suitably equipped and organized to

discharge to the satisfaction of the Secretary the duties required

by this title. In meeting the provisions of this subsection, a

State may engage, to the extent necessary or desirable, the

services of private engineering firms.

(b) Effect of Compliance. - Compliance with subsection (a) shall

have no effect on the eligibility of costs.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 89-574, Sec.

11, Sept. 13, 1966, 80 Stat. 770; Pub. L. 105-178, title I, Sec.

1212(a)(1), (2)(A)(i), (B)(ii), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 1212(a)(2)(B)(ii), substituted

"State transportation department" for "State highway department" in

section catchline.

Subsec. (a). Pub. L. 105-178, Sec. 1212(a)(1)(A), (2)(A)(i),

substituted "State transportation department" for "State highway

department" and struck out after first sentence "Among other

things, the organization shall include a secondary road unit."

Subsec. (b). Pub. L. 105-178, Sec. 1212(a)(1)(B), added subsec.

(b) and struck out former subsec. (b) which read as follows: "The

State highway department may arrange with a county or group of

counties for competent highway engineering personnel suitably

organized and equipped to the satisfaction of the State highway

department, to supervise construction and maintenance on a

county-unit or group-unit basis, for the construction of projects

on the Federal-aid secondary system, financed with secondary funds,

and for the maintenance thereof."

-End-

-CITE-

23 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 303. Management systems

-STATUTE-

(a) Regulations. - Not later than 1 year after the date of the

enactment of this section, the Secretary shall issue regulations

for State development, establishment, and implementation of a

system for managing each of the following:

(1) Highway pavement of Federal-aid highways.

(2) Bridges on and off Federal-aid highways.

(3) Highway safety.

(4) Traffic congestion.

(5) Public transportation facilities and equipment.

(6) Intermodal transportation facilities and systems.

In metropolitan areas, such systems shall be developed and

implemented in cooperation with metropolitan planning

organizations. Such regulations may include a compliance schedule

for development, establishment, and implementation of each such

system and minimum standards for each such system.

(b) Traffic Monitoring. - Not later than 1 year after the date of

the enactment of this section, the Secretary shall issue guidelines

and requirements for the State development, establishment, and

implementation of a traffic monitoring system for highways and

public transportation facilities and equipment.

(c) State Election. - A State may elect, at any time, not to

implement, in whole or in part, 1 or more of the management systems

required under this section. The Secretary may not impose any

sanction on, or withhold any benefit from, a State on the basis of

such an election.

(d) Procedural Requirements. - In developing and implementing a

management system under this section, each State shall cooperate

with metropolitan planning organizations for urbanized areas of the

State and affected agencies receiving assistance under chapter 53

of title 49 and shall consider the results of the management

systems in making project selection decisions under this title and

under chapter 53.

(e) Intermodal Requirements. - The management system required

under this section for intermodal transportation facilities and

systems shall provide for improvement and integration of all of a

State's transportation systems and shall include methods of

achieving the optimum yield from such systems, methods for

increasing productivity in the State, methods for increasing use of

advanced technologies, and methods to encourage the use of

innovative marketing techniques, such as just-in-time deliveries.

(f) Reports. -

(1) Annual reports. - Not later than January 1 of each calendar

year beginning after December 31, 1992, the Secretary shall

transmit to Congress a report on the progress being made by the

Secretary and the States in carrying out this section.

(2) Report on implementation. - Not later than October 1, 1996,

the Comptroller General, in consultation with States, shall

transmit to Congress a report on the management systems under

this section, including recommendations as to whether, to what

extent, and how the management systems should be implemented.

(g) Funding. - Subject to project approval by the Secretary, a

State may obligate funds apportioned after September 30, 1991,

under subsections (b)(1), (b)(2), and (b)(3) of section 104 of this

title for developing and establishing management systems required

by this section and funds apportioned under section 144 of this

title for developing and establishing the bridge management system

required by this section.

(h) Review of Regulations. - Not later than 10 days after the

date of issuance of any regulation under this section, the

Secretary shall transmit a copy of such regulation to Congress for

review.

-SOURCE-

(Added Pub. L. 102-240, title I, Sec. 1034(a), Dec. 18, 1991, 105

Stat. 1977; amended Pub. L. 103-429, Sec. 3(8), (9), Oct. 31, 1994,

108 Stat. 4378; Pub. L. 104-59, title II, Sec. 205(a), Nov. 28,

1995, 109 Stat. 576.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in

subsecs. (a) and (b), is the date of enactment of Pub. L. 102-240,

which was approved Dec. 18, 1991.

-MISC1-

PRIOR PROVISIONS

A prior section 303, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 912;

Pub. L. 87-392, Sec. 1, Oct. 4, 1961, 75 Stat. 822; Pub. L. 88-426,

title III, Sec. 305(24), Aug. 14, 1964, 78 Stat. 425; Pub. L.

91-605, title I, Sec. 114(a), Dec. 31, 1970, 84 Stat. 1722; Pub. L.

93-87, title I, Sec. 152(4), Aug. 13, 1973, 87 Stat. 276, provided

for administrative organization of the Federal Highway

Administration, prior to repeal by Pub. L. 97-449, Sec. 7(b), Jan.

12, 1983, 96 Stat. 2445. See section 104 of Title 49,

Transportation.

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-59, Sec. 205(a)(1), added subsec.

(c) and struck out former subsec. (c) which read as follows:

"(c) State Requirements. - The Secretary may withhold up to 10

percent of the funds apportioned under this title and under chapter

53 of title 49 for any fiscal year beginning after September 30,

1995, to any State and any recipient of assistance under such Act

in the State unless, in the preceding fiscal year, the State was

implementing each of the management systems described in subsection

(a) and, before January 1 of the preceding fiscal year, the State

certified, in writing, to the Secretary, that the State was

implementing each of such management systems in the preceding

fiscal year."

Subsec. (f). Pub. L. 104-59, Sec. 205(a)(2), inserted subsec.

heading, designated existing provisions as par. (1), inserted par.

heading and realigned margins, and added par. (2).

1994 - Subsec. (c). Pub. L. 103-429, Sec. 3(8), substituted

"chapter 53 of title 49" for "the Federal Transit Act".

Subsec. (d). Pub. L. 103-429, Sec. 3(9), substituted "chapter 53

of title 49" for "the Federal Transit Act" and "chapter 53" for

"such Act".

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds

appropriated or made available on or before Sept. 30, 1991, see

section 1100 of Pub. L. 102-240, set out as an Effective Date of

1991 Amendment note under section 104 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (f)(1) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 137 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 109, 133, 505 of

this title.

-End-

-CITE-

23 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 304. Participation by small business enterprises

-STATUTE-

It is declared to be in the national interest to encourage and

develop the actual and potential capacity of small business and to

utilize this important segment of our economy to the fullest

practicable extent in construction of the Federal-aid highway

systems, including the Interstate System. In order to carry out

that intent and encourage full and free competition, the Secretary

should assist, insofar as feasible, small business enterprises in

obtaining contracts in connection with the prosecution of the

highway program.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 913.)

-End-

-CITE-

23 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 305. Archeological and paleontological salvage

-STATUTE-

Funds authorized to be appropriated to carry out this title to

the extent approved as necessary by the highway department of any

State, may be used for archeological and paleontological salvage in

that State in compliance with the Act entitled "An Act for the

preservation of American antiquities", approved June 8, 1906 (34

Stat. 225), and State laws where applicable,

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 86-657, Sec.

8(e), July 14, 1960, 74 Stat. 525.)

-REFTEXT-

REFERENCES IN TEXT

An Act for the preservation of American antiquities, referred to

in text, is act June 8, 1906, ch. 3060, 34 Stat. 225, popularly

known as the Antiquities Act of 1906, which is classified generally

to sections 431, 432, and 433 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 431 of Title 16 and Tables.

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-657 substituted "appropriated to carry out this

title to the extent approved" for "appropriated under the

Federal-Aid Highway Act of 1956, to the extent approved".

-End-

-CITE-

23 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 306. Mapping

-STATUTE-

(a) In General. - In carrying out the provisions of this title,

the Secretary may, wherever practicable, authorize the use of

photogrammetric methods in mapping, and the utilization of

commercial enterprise for such services.

(b) Guidance. - The Secretary shall issue guidance to encourage

States to utilize, to the maximum extent practicable, private

sector sources for surveying and mapping services for projects

under this title. In carrying out this subsection, the Secretary

shall recommend appropriate roles for State and private mapping and

surveying activities, including -

(1) preparation of standards and specifications;

(2) research in surveying and mapping instrumentation and

procedures and technology transfer to the private sector;

(3) providing technical guidance, coordination, and

administration of State surveying and mapping activities; and

(4) recommending methods for increasing the use by the States

of private sector sources for surveying and mapping activities.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 104-59, title

III, Sec. 321, Nov. 28, 1995, 109 Stat. 590.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-59 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

-End-

-CITE-

23 USC [Sec. 307 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

[Sec. 307. Repealed. Pub. L. 105-178, title V, Sec. 5119(b), June

9, 1998, 112 Stat. 452]

-MISC1-

Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 913; Pub. L.

87-866, Sec. 11, Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88-157, Sec.

6, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-564, title I, Sec. 103,

Sept. 9, 1966, 80 Stat. 735; Pub. L. 91-605, title I, Secs. 115(c),

126, 136(c), Dec. 31, 1970, 84 Stat. 1723, 1729, 1735; Pub. L.

93-87, title I, Sec. 151, Aug. 13, 1973, 87 Stat. 276; Pub. L.

96-470, title I, Sec. 112(b)(2), Oct. 19, 1980, 94 Stat. 2239; Pub.

L. 97-424, title I, Secs. 156(a), (b), (d), 160(a), Jan. 6, 1983,

96 Stat. 2134, 2135; Pub. L. 100-17, title I, Secs. 128, 129,

133(b)(17), Apr. 2, 1987, 101 Stat. 167, 169, 172; Pub. L. 102-240,

title VI, Secs. 6001, 6005, Dec. 18, 1991, 105 Stat. 2162, 2170;

Pub. L. 103-429, Sec. 3(10), Oct. 31, 1994, 108 Stat. 4378; Pub. L.

104-59, title III, Sec. 325(d), Nov. 28, 1995, 109 Stat. 592,

related to research and planning.

INTELLIGENT TRANSPORTATION SYSTEMS

Part B of title VI of Pub. L. 102-240, as amended by Pub. L.

102-388, title IV, Sec. 404, Oct. 6, 1992, 106 Stat. 1564; Pub. L.

104-59, title III, Sec. 338(a), (b), (c)(2), Nov. 28, 1995, 109

Stat. 603, 604; Pub. L. 105-130, Sec. 5(d), Dec. 1, 1997, 111 Stat.

2557, related to Intelligent Transportation Systems Act of 1991,

including provisions relating to establishment and scope of

program, general authorities and requirements, strategic plan,

implementation, and report to Congress, technical, planning, and

operational testing project assistance, applications of technology,

commercial motor vehicle safety technology, funding, and

definitions, prior to repeal by Pub. L. 105-178, title V, Sec.

5213, June 9, 1998, 112 Stat. 463. See Pub. L. 105-178, title V,

Secs. 5201-5213, June 9, 1998, 112 Stat. 452-463, set out as a note

under section 502 of this title.

-End-

-CITE-

23 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 308. Cooperation with Federal and State agencies and foreign

countries

-STATUTE-

(a) The Secretary is authorized to perform by contract or

otherwise, authorized engineering or other services in connection

with the survey, construction, maintenance, or improvement of

highways for other Government agencies, cooperating foreign

countries, and State cooperating agencies, and reimbursement for

such services, which may include depreciation on engineering and

roadbuilding equipment used, shall be credited to the appropriation

concerned.

(b) Appropriations for the work of the Federal Highway

Administration shall be available for expenses of warehouse

maintenance and the procurement, care, and handling of supplies,

materials, and equipment for distribution to projects under the

supervision of the Federal Highway Administration, or for sale or

distribution to other Government agencies, cooperating foreign

countries, and State cooperating agencies, and the cost of such

supplies and materials or the value of such equipment, including

the cost of transportation and handling, may be reimbursed to

current applicable appropriations.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93-87, title

I, Sec. 152(5), Aug. 13, 1973, 87 Stat. 276.)

-MISC1-

AMENDMENTS

1973 - Subsec. (b). Pub. L. 93-87 substituted "Federal Highway

Administration" for "Bureau of Public Roads" in two places.

-End-

-CITE-

23 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 309. Cooperation with other American Republics

-STATUTE-

The President is authorized to utilize the services of the

Federal Highway Administration in fulfilling the obligations of the

United States under the Convention on the Pan-American Highway

Between the United States and Other American Republics (51 Stat.

152), cooperating with several governments, members of the

Organization of American States, in connection with the survey and

construction of the Inter-American Highway, and for performing

engineering service in the other American Republics for and upon

the request of any agency or governmental corporation of the United

States. To the extent authorized in appropriation acts,

administrative funds available in accordance with subsection (a) of

section 104 of this title shall be available annually for the

purpose of this section.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93-87, title

I, Sec. 152(5), Aug. 13, 1973, 87 Stat. 276.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-87 substituted "Federal Highway Administration"

for "Bureau of Public Roads".

PAN AMERICAN HIGHWAY STUDY

Pub. L. 104-59, title III, Sec. 359(a), Nov. 28, 1995, 109 Stat.

626, provided that:

"(1) Study. - The Secretary shall conduct a study on the adequacy

of and the need for improvements to the Pan American Highway.

"(2) Elements. - The study shall include, at a minimum, the

following elements:

"(A) Findings on the benefits of constructing a highway at

Darien Gap, Panama and Colombia.

"(B) Recommendations for a self-financing arrangement for

completion and maintenance of the Pan American Highway.

"(C) Recommendations for establishing a Pan American highway

authority to monitor financing, construction, maintenance, and

operations of the Pan American Highway.

"(D) Findings on the benefits to trade and prosperity of a more

efficient Pan American Highway.

"(E) Findings on the benefits to United States industry

resulting from the use of United States technology and equipment

in construction of improvements to the Pan American Highway.

"(F) Findings on environmental considerations, including

environmental considerations relating to Darien Gap.

"(3) Report. - Not later than 2 years after the date of the

enactment of this Act [Nov. 28, 1995], the Secretary shall transmit

to Congress a report on the results of the study."

-End-

-CITE-

23 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 310. Civil defense

-STATUTE-

In order to assure that adequate consideration is given to civil

defense aspects in the planning and construction of highways

constructed or reconstructed with the aid of Federal funds, the

Secretary of Transportation is authorized and directed to consult,

from time to time, with the Federal Civil Defense Administrator

relative to the civil defense aspects of highways so constructed or

reconstructed.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93-87, title

I, Sec. 152(3), Aug. 13, 1973, 87 Stat. 276.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-87 substituted "Secretary of Transportation"

for "Secretary of Commerce".

-TRANS-

TRANSFER OF FUNCTIONS

Office of Federal Civil Defense Administrator, referred to in

text, abolished and functions thereof transferred to President by

Reorg. Plan No. 1 of 1958, set out as a note under section 5195 of

Title 42, The Public Health and Welfare. The Plan also established

a new agency in the Executive Office of the President, known as the

Office of Defense and Civilian Mobilization to be headed by a

Director. Office redesignated as the Office of Civil and Defense

Mobilization by act Aug. 26, 1958 (72 Stat. 861; 42 U.S.C. 5195

note). Civil defense functions transferred to Secretary of Defense

by Executive Order No. 10952 of July 20, 1961, formerly set out as

a note under section 2271 of Title 50, Appendix, War and National

Defense, and remaining functions redesignated Office of Emergency

Planning by act Sept. 22, 1961 (75 Stat. 630; 42 U.S.C. 5195 note).

Office redesignated Office of Emergency Preparedness by act Oct.

21, 1968 (82 Stat. 1194; 42 U.S.C. 5195 note). Office of Emergency

Preparedness including office of Director abolished and functions

thereof transferred to President by Reorg. Plan No. 1 of 1973, set

out as a note under section 5195 of Title 42.

-End-

-CITE-

23 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 311. Highway improvements strategically important to the

national defense

-STATUTE-

Funds made available under subsection (a) of section 104 of this

title may be used to pay the entire engineering costs of the

surveys, plans, specifications, estimates, and supervision of

construction of projects for such urgent improvements of highways

strategically important from the standpoint of the national defense

as may be undertaken on the order of the Secretary and as the

result of request of the Secretary of Defense or such other

official as the President may designate. With the consent of a

State, funds made available under subsection (b) of section 104 of

this title may be used to the extent deemed necessary and advisable

by the Secretary to carry out the provisions of this section.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915.)

-MISC1-

NATIONAL DEFENSE HIGHWAYS LOCATED OUTSIDE UNITED STATES

Pub. L. 102-240, title I, Sec. 1006(h), Dec. 18, 1991, 105 Stat.

1927, provided that:

"(1) Reconstruction projects. - If the Secretary determines,

after consultation with the Secretary of Defense, that a highway,

or portion of a highway, located outside the United States is

important to the national defense, the Secretary may carry out a

project for the reconstruction of such highway or portion of

highway.

"(2) Funding. - The Secretary may make available, from funds

appropriated to construct the National System of Interstate and

Defense Highways, not to exceed $20,000,000 per fiscal year for

each of fiscal years 1993, 1994, 1995, and 1996 to carry out this

subsection. Such sums shall remain available until expended."

-End-

-CITE-

23 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 312. Detail of Army, Navy, and Air Force officers

-STATUTE-

The Secretary of Defense, upon request of the Secretary, is

authorized to make temporary details to the Federal Highway

Administration of officers of the Army, the Navy, and the Air

Force, without additional compensation, for technical advice and

for consultation regarding highway needs for the national defense.

Travel and subsistence expenses of officers so detailed shall be

paid from appropriations available to the Department of

Transportation on the same basis as authorized by law and by

regulations of the Department of Defense for such officers.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 93-87, title

I, Sec. 152(5), (6), Aug. 13, 1973, 87 Stat. 276.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-87 substituted "Federal Highway Administration"

for "Bureau of Public Roads" and "Department of Transportation" for

"Department of Commerce".

-End-

-CITE-

23 USC [Sec. 313 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

[Sec. 313. Repealed. Pub. L. 89-564, title I, Sec. 102(a), Sept. 9,

1966, 80 Stat. 734]

-MISC1-

Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915, authorized

the Secretary to cooperate with State highway departments and other

agencies in the promotion of highway safety and authorized the

expenditure of $150,000 out of the administrative funds made

available in accordance with section 104(a) of this title for the

purposes of this section. See section 401 et seq. of this title.

-EXEC-

EXECUTIVE ORDER NO. 10858

Ex. Ord. No. 10858, Jan. 13, 1960, 25 F.R. 373, as amended by Ex.

Ord. No. 10968, Oct. 10, 1961, 26 F.R. 9667, which established the

President's Committee for Traffic Safety, was revoked by section 16

of Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, formerly set

out as a note under section 1652 of former Title 49, Appendix,

Transportation.

EXECUTIVE ORDER NO. 10898

Ex. Ord. No. 10898, Dec. 2, 1960, 25 F.R. 12429, as amended by

Ex. Ord. No. 10986, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No. 11382,

Nov. 28, 1967, 32 F.R. 16247, which established the

Interdepartmental Highway Safety Board, was revoked by Ex. Ord. No.

11515, Mar. 13, 1970, 35 F.R. 4543.

-End-

-CITE-

23 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 314. Relief of employees in hazardous work

-STATUTE-

The Secretary is authorized in an emergency to use appropriations

to the Department of Transportation for carrying out the provisions

of this title for medical supplies, services, and other assistance

necessary for the immediate relief of employees of the Federal

Highway Administration engaged in hazardous work.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 93-87, title

I, Sec. 152(5), (6), Aug. 13, 1973, 87 Stat. 276.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-87 substituted "Department of Transportation"

for "Department of Commerce" and "Federal Highway Administration"

for "Bureau of Public Roads".

-End-

-CITE-

23 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 315. Rules, regulations, and recommendations

-STATUTE-

Except as provided in sections 204(f) and 205(a) of this title,

the Secretary is authorized to prescribe and promulgate all needful

rules and regulations for the carrying out of the provisions of

this title. The Secretary may make such recommendations to the

Congress and State transportation departments as he deems necessary

for preserving and protecting the highways and insuring the safety

of traffic thereon.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 100-17, title

I, Sec. 133(b)(18), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105-178,

title I, Sec. 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "State transportation

departments" for "State highway departments".

1987 - Pub. L. 100-17 which directed that this section be amended

by substituting "204(f) and 205(a)" for "204(d), 205(a), 207(b),

and 208(c)" was executed by substituting "204(f) and 205(a)" for

"204(d), 205(a), 206(b), 207(b), and 208(c)", to reflect the

probable intent of Congress.

-End-

-CITE-

23 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 316. Consent by United States to conveyance of property

-STATUTE-

For the purposes of this title the consent of the United States

is given to any railroad or canal company to convey to the State

transportation department of any State, or its nominee, any part of

its right-of-way or other property in that State acquired by grant

from the United States.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 105-178,

title I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "State transportation

department" for "State highway department".

-End-

-CITE-

23 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 317. Appropriation for highway purposes of lands or interests

in lands owned by the United States

-STATUTE-

(a) If the Secretary determines that any part of the lands or

interests in lands owned by the United States is reasonably

necessary for the right-of-way of any highway, or as a source of

materials for the construction or maintenance of any such highway

adjacent to such lands or interests in lands, the Secretary shall

file with the Secretary of the Department supervising the

administration of such lands or interests in lands a map showing

the portion of such lands or interests in lands which it is desired

to appropriate.

(b) If within a period of four months after such filing, the

Secretary of such Department shall not have certified to the

Secretary that the proposed appropriation of such land or material

is contrary to the public interest or inconsistent with the

purposes for which such land or materials have been reserved, or

shall have agreed to the appropriation and transfer under

conditions which he deems necessary for the adequate protection and

utilization of the reserve, then such land and materials may be

appropriated and transferred to the State transportation

department, or its nominee, for such purposes and subject to the

conditions so specified.

(c) If at any time the need for any such lands or materials for

such purposes shall no longer exist, notice of the fact shall be

given by the State transportation department to the Secretary and

such lands or materials shall immediately revert to the control of

the Secretary of the Department from which they had been

appropriated.

(d) The provisions of this section shall apply only to projects

constructed on a Federal-aid system or under the provisions of

chapter 2 of this title.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105-178,

title I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (b), (c). Pub. L. 105-178 substituted "State

transportation department" for "State highway department".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1770.

-End-

-CITE-

23 USC Sec. 318 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 318. Highway relocation due to airport

-STATUTE-

Federal highway funds shall not be used for the reconstruction or

relocation of any highway giving access to an airport constructed

or extended after December 20, 1944, or for the reconstruction or

relocation of any highway which has been or may be closed or the

usefulness of which has been may be impaired by the location or

construction of any airport constructed or extended after December

20, 1944, unless, prior to such construction or extension, as the

case may be, the State transportation department and the Secretary

have concurred with the officials in charge of the airport that the

location of such airport or extension thereof and the consequent

reconstruction or relocation of the highway are in the public

interest.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105-178,

title I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "State transportation

department" for "State highway department".

-End-

-CITE-

23 USC Sec. 319 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 319. Landscaping and scenic enhancement

-STATUTE-

(a) Landscape and Roadside Development. - The Secretary may

approve as a part of the construction of Federal-aid highways the

costs of landscape and roadside development, including acquisition

and development of publicly owned and controlled rest and

recreation areas and sanitary and other facilities reasonably

necessary to accommodate the traveling public, and for acquisition

of interests in and improvement of strips of land necessary for the

restoration, preservation, and enhancement of scenic beauty

adjacent to such highways.

(b) Planting of Wildflowers. -

(1) General rule. - The Secretary shall require the planting of

native wildflower seeds or seedlings, or both, as part of any

landscaping project under this section. At least 1/4 of 1

percent of the funds expended for such landscaping project shall

be used for such plantings.

(2) Waiver. - The requirements of this subsection may be waived

by the Secretary if a State certifies that native wildflowers or

seedlings cannot be grown satisfactorily or planting areas are

limited or otherwise used for agricultural purposes.

(3) Gifts. - Nothing in this subsection shall be construed to

prohibit the acceptance of native wildflower seeds or seedlings

donated by civic organizations or other organizations and

individuals to be used in landscaping projects.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89-285, title

III, Sec. 301(a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89-574,

Sec. 8(b), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90-495, Sec. 6(f),

Aug. 23, 1968, 82 Stat. 818; Pub. L. 94-280, title I, Sec. 136(a),

May 5, 1976, 90 Stat. 442; Pub. L. 100-17, title I, Sec. 130, Apr.

2, 1987, 101 Stat. 169.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

1976 - Pub. L. 94-280, in revising section, struck out subsec.

(a) designation for existing text; incorporated as part of the

section provision of former subsec. (b) for acquisition of

interests in and improvement of strips of land necessary for the

restoration, preservation, and enhancement of scenic beauty

adjacent to Federal-aid highways; and struck out subsec. (b)

designation and other subsec. (b) provisions relating to:

allocation to a State out of appropriated funds an amount

equivalent to 3 per centum of funds apportioned to a State for

Federal-aid highways for landscape and roadside development use

within the highway right-of-way, including acquisition and

development of publicly owned and controlled rest and recreation

areas and sanitary and other facilities within or adjacent to the

highway right-of-way without being matched by the State;

authorization of Secretary to except a State from the requirement

upon a showing that amount is in excess of the State needs for the

purposes; lapse of unused funds; appropriations authorization of

$120,000,000 for fiscal years ending June 30, 1966, and 1967, and

$20,000,000 for fiscal year ending June 30, 1970; and provision

making chapter 1 respecting obligation, period of availability, and

expenditure of Federal-aid primary highway funds applicable to

funds authorized to be appropriated to carry out subsec. (b) after

June 30, 1967.

1968 - Subsec. (b). Pub. L. 90-495 inserted provisions

authorizing an appropriation of not to exceed $20,000,000 for the

fiscal year ending June 30, 1970.

1966 - Subsec. (b). Pub. L. 89-574 substituted provisions making

applicable to the funds authorized to be appropriated to carry out

this subsection after June 30, 1967, the provisions of chapter 1 of

this title relating to the obligations, period of availability, and

expenditure of Federal-aid primary highway funds for provisions

prohibiting the use of any part of the Highway Trust Fund in

carrying out this subsection.

1965 - Pub. L. 89-285 rearranged section structurally, made

provision for apportionment of an amount, in addition to the

state's annual apportionment, equivalent to 3 per centum of the

fund annually apportioned to the state for federal-aid highways to

acquire interests and improvements for restoration, preservation,

and enhancement of scenic beauty adjacent to Federal-aid highways,

authorized appropriations of $120,000,000 for fiscal year ending

June 30, 1966, and $120,000,000 for fiscal year ending June 30,

1967, and prohibited use of Highway Trust Fund moneys in carrying

out the scenic enhancement provisions.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective August 23, 1968, see

section 37 of Pub. L. 90-495, set out as a note under section 101

of this title.

CONTINUING AVAILABILITY OF APPROPRIATED FUNDS FOR APPROPRIATION,

OBLIGATION, AND EXPENDITURE

Section 136(b) of Pub. L. 94-280 provided that: "All sums

authorized to be appropriated to carry out section 319(b) of title

23, United States Code [former subsec. (b) of this section], as in

effect immediately before the date of enactment of this section

[May 5, 1976] shall continue to be available for appropriation,

obligation, and expenditure in accordance with such section 319(b)

[former subsec. (b) of this section], notwithstanding the amendment

made by the subsection (a) of this section [to this section]."

NATIONAL SCENIC HIGHWAY SYSTEM STUDY AND USER ACCESS STUDY FOR

PARKS AND RECREATION AREAS

Pub. L. 93-87, title I, Sec. 134, Aug. 13, 1973, 87 Stat. 268,

mandated a study to determine the feasibility of a scenic highway

system to link together recreational, historical sites, and a study

of user access to parks and recreational areas, including

alternatives to private automobiles, the results of the studies to

be reported to Congress no later than July 1, 1974, and Jan. 1,

1975, respectively.

ACQUISITION OF DWELLINGS

Prohibition against the use of eminent domain to acquire any

dwelling (including related buildings) under the terms of Pub. L.

89-285, see section 305 of Pub. L. 89-285, set out as a note under

section 131 of this title.

TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION

Prohibition against the taking of private property or the

restriction of reasonable and existing use by such taking without

just compensation under the terms of Pub. L. 89-285, see section

401 of Pub. L. 89-285, set out as a note under section 131 of this

title.

-End-

-CITE-

23 USC Sec. 320 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 320. Bridges on Federal dams

-STATUTE-

(a) Each executive department, independent establishment, office,

board, bureau, commission, authority, administration, corporation

wholly owned or controlled by the United States, or other agency of

the Government of the United States, hereinafter collectively and

individually referred to as "agency", which on or after July 29,

1946, has jurisdiction over and custody of any dam constructed or

to be constructed and owned by or for the United States, is

authorized, with any funds available to it, to design and construct

any such dam in such manner that it will constitute and serve as a

suitable and adequate foundation to support a public highway bridge

upon and across such dam, and to design and construct upon the

foundation thus provided a public highway bridge upon and across

such dam. The highway department of the State in which such dam

shall be located, jointly with the Secretary, shall first determine

and certify to such agency that such bridge is economically

desirable and needed as a link in the State or Federal-aid highway

systems, and shall request such agency to design and construct such

dam so that it will serve as a suitable and adequate foundation for

a public highway bridge and to design and construct such public

highway bridge upon and across such dam, and shall agree to

reimburse such agency pursuant to subsection (d) of this section

for any additional costs which it may be required to incur because

of the design and construction of such dam so that it will serve as

a foundation for a public highway bridge and for expenditures which

it may find it necessary to make in designing and constructing such

public highway bridge upon and across such dam. In no case shall

the design and construction of a bridge upon and across such dam be

undertaken hereunder except by the agency having jurisdiction over

and custody of the dam, acting directly or through contractors

employed by it, and after such agency shall determine that it will

be structurally feasible and will not interfere with the proper

functioning and operation of the dam.

(b) Construction of any bridge upon and across any dam pursuant

to this section shall not be commenced unless and until the State

in which such bridge is to be located, or the appropriate

subdivision of such State, shall enter into an agreement with such

agency and with the Secretary to construct, or cause to be

constructed, with or without the aid of Federal funds, the approach

roads necessary to connect such bridge with existing public

highways and to maintain, or cause to be maintained, such approach

roads from and after their completion. Such agreement may also

provide for the design and construction of such bridge upon and

across the dam by such agency of the United States and for

reimbursing such agency the costs incurred by it in the design and

construction of the bridge as provided in subsection (d) of this

section. Any such agency is hereby authorized to convey to the

State, or to the appropriate subdivision thereof, without costs,

such easements and rights-of-way in its custody or over lands of

the United States in its custody and control as may be necessary,

convenient, or proper for the location, construction, and

maintenance of the approach roads referred to in this section

including such roadside parks or recreational areas of limited size

as may be deemed necessary for the accommodation of the traveling

public. Any bridge constructed pursuant to this section upon and

across a dam in the custody and jurisdiction of any agency of the

United States, including such portion thereof, if any, as may

extend beyond the physical limits of the dam, shall constitute and

remain a part of said dam and be maintained by the agency. Any such

agency may enter into any such contracts and agreements with the

State or its subdivisions respecting public use of any bridge so

located and constructed as may be deemed appropriate, but no such

bridge shall be closed to public use by the agency except in cases

of emergency or when deemed necessary in the interest of national

security.

(c) All costs and expenses incurred and expenditures made by any

agency in the exercise of the powers and authority conferred by

this section (but not including any costs, expenses, or

expenditures which would have been required in any event to satisfy

a legal road or bridge relocation obligation or to meet operating

or other agency needs) shall be recorded and kept separate and

apart from the other costs, expenses, and expenditures of such

agency, and no portion thereof shall be charged or allocated to

flood control, navigation, irrigation, fertilizer production, the

national defense, the development of power, or other program,

purpose, or function of such agency.

(d) Not to exceed $65,000,000 of any money heretofore or

hereafter appropriated for expenditure in accordance with the

provisions of this title or prior Acts shall be available for

expenditure by the Secretary in accordance with the provisions of

this section, as an emergency fund, to reimburse any agency for any

additional costs or expenditures which it may be required to incur

because of the design and construction of any such dam so that it

will constitute and serve as a foundation for a public highway

bridge upon and across such dam and to reimburse any such agency

for any costs, expenses, or expenditures which it may be required

to make in designing and constructing any such bridge upon and

across a dam in accordance with the provisions of this section,

except such costs, expenses, or expenditures as would have been

required of such agency in any event to satisfy a legal obligation

to relocate a highway or bridge or to meet operating or other

agency needs, and there is authorized to be appropriated any sum or

sums necessary to reimburse the funds so expended by the Secretary

from time to time under the authority of this section. Of each

bridge constructed upon and across a dam under the provisions of

this section, there may be financed wholly with Federal funds that

portion thereof which is located within the physical limits of the

masonry structure, or structures, of the dam, and the Secretary

shall in his sole discretion determine what additional portion of

the bridge, if any, may be so financed, such determination to be

final and conclusive. The remainder of the bridge, and any

necessary related approach roads, shall be financed by the State or

its appropriate subdivision with or without the aid of Federal

funds; but said portion of the bridge so financed by the State or

its subdivisions, including such portion thereof, if any, as may

extend beyond the physical limits of the dam, shall nevertheless be

designed and constructed solely by the agency having custody and

jurisdiction of the dam as provided in subsection (a) of this

section.

(e) In making, reviewing, or approving the design of any bridge

or approach structure to be constructed under this section, the

agency shall, in matters relating to roadway design, loadings,

clearances and widths, and traffic safeguards, give full

consideration to and be guided by the standards and advice of the

Secretary.

(f) The authority conferred by this section shall be in addition

to and not in limitation of authority conferred upon any agency by

any other law, and nothing in this section contained shall affect

or be deemed to relate to any bridge, approach structure, or

highway constructed or to be constructed by any such agency in

furtherance of its lawful purposes and requirements or to satisfy a

legal obligation incurred independently of this section.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 917; Pub. L. 86-342, title

I, Sec. 108, Sept. 21, 1959, 73 Stat. 613; Pub. L. 88-423, Sec.

4(c), Aug. 13, 1964, 78 Stat. 398; Pub. L. 91-605, title I, Sec.

116(a), Dec. 31, 1970, 84 Stat. 1724; Pub. L. 93-87, title I, Sec.

128(a), Aug. 13, 1973, 87 Stat. 265; Pub. L. 93-643, Sec. 123(a),

Jan. 4, 1975, 88 Stat. 2290; Pub. L. 94-280, title I, Sec. 137(a),

May 5, 1976, 90 Stat. 443; Pub. L. 95-599, title I, Sec. 128(a),

Nov. 6, 1978, 92 Stat. 2707.)

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-599 substituted "$65,000,000" for

"$50,000,000".

1976 - Subsec. (d). Pub. L. 94-280 substituted "$50,000,000" for

"$27,761,000".

1975 - Subsec. (d). Pub. L. 93-643 substituted "$27,761,000" for

"$25,261,000".

1973 - Subsec. (d). Pub. L. 93-87 substituted "$25,261,000" for

"$16,761,000".

1970 - Subsec. (d). Pub. L. 91-605 substituted "$16,761,000" for

"$13,000,000".

1964 - Subsec. (b). Pub. L. 88-423 substituted "which such bridge

is to be located, or the appropriate subdivision of such State,

shall enter into an agreement with such agency and with" for "such

State, shall enter into an agreement with such agency and with

which such bridge is to be located, or the appropriate subdivision

of".

1959 - Subsec. (d). Pub. L. 86-342 substituted "$13,000,000" for

"$10,000,000".

APPROPRIATION OUT OF HIGHWAY TRUST FUND OF SUMS APPROPRIATED UNDER

AUTHORITY OF INCREASED AUTHORIZATION

Section 128(b) of Pub. L. 95-599 provided that: "Sums

appropriated or expended under authority of the increased

authorization established by the amendment made by subsection (a)

of this section [amending subsec. (d) of this section] shall be

appropriated out of the Highway Trust Fund for the fiscal year

ending September 30, 1978, and for subsequent fiscal years."

APPROPRIATION OF INCREASED AUTHORIZATION

Section 137(b) of Pub. L. 94-280 provided that: "Sums

appropriated or expended under authority of the increased

authorization established by the amendment made by subsection (a)

of this section [to subsec. (d) of this section] shall be

appropriated out of the Highway Trust Fund for the fiscal year

ending September 30, 1977, and for subsequent fiscal years."

RESTRICTION ON INCREASED AUTHORIZATION OF APPROPRIATIONS

Section 116(b) of Pub. L. 91-605 provided that: "All sums

appropriated under authority of the increased authorization of

$3,761,000 established by the amendment made by subsection (a) of

this section [amending subsec. (d) of this section] shall be

available for expenditure only in connection with the construction

of a bridge across Markland Dam on the Ohio River near Markland,

Indiana, and Warsaw, Kentucky. No such sums shall be appropriated

until all applicable requirements of section 320 of title 23 of the

United States Code have been complied with by the appropriate

Federal agency, the Secretary of Transportation, and the States of

Kentucky and Indiana."

Section 123(b) of Pub. L. 93-643 provided that: "All sums

appropriated under authority of the increased authorization

established by the amendment made by subsection (a) of this section

shall be available for expenditure in the same manner and for the

same purpose as provided for in subsection (b) of section 116 of

the Federal-Aid Highway Act of 1970 (Public Law 91-605)."

Section 128(b) of Pub. L. 93-87 provided that: "All sums

appropriated under authority of the increased authorization of

$8,500,000 established by the amendment made by subsection (a) of

this section [to subsec. (d) of this section] shall be available

for expenditure only in connection with the construction of a

bridge across lock and dam numbered 13 on the Arkansas River near

Fort Smith, Arkansas, in the amount of $2,100,000 and in connection

with reconstruction of a bridge across the Chickamauga Dam on the

Tennessee River near Chattanooga, Tennessee, in the amount of

$6,400,000. No such sums shall be appropriated until all applicable

requirements of section 320 of title 23 of the United States Code

have been complied with by the appropriate Federal agency, the

Secretary of Transportation, and the State of Arkansas for the Fort

Smith project, and the State of Tennessee for the Chattanooga

project."

-End-

-CITE-

23 USC [Sec. 321 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

[Sec. 321. Repealed. Pub. L. 105-178, title V, Sec. 5119(b), June

9, 1998, 112 Stat. 452]

-MISC1-

Section, added Pub. L. 91-605, title I, Sec. 115(a), Dec. 31,

1970, 84 Stat. 1723; amended Pub. L. 96-106, Sec. 11, Nov. 9, 1979,

93 Stat. 798; Pub. L. 100-17, title I, Sec. 131, Apr. 2, 1987, 101

Stat. 170; Pub. L. 102-240, title VI, Sec. 6002, Dec. 18, 1991, 105

Stat. 2166; Pub. L. 105-130, Sec. 5(e)(3), Dec. 1, 1997, 111 Stat.

2557, related to National Highway Institute.

-End-

-CITE-

23 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 322. Magnetic levitation transportation technology deployment

program

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Eligible project costs. - The term "eligible project costs"

-

(A) means the capital cost of the fixed guideway

infrastructure of a MAGLEV project, including land, piers,

guideways, propulsion equipment and other components attached

to guideways, power distribution facilities (including

substations), control and communications facilities, access

roads, and storage, repair, and maintenance facilities, but not

including costs incurred for a new station; and

(B) includes the costs of preconstruction planning

activities.

(2) Full project costs. - The term "full project costs" means

the total capital costs of a MAGLEV project, including eligible

project costs and the costs of stations, vehicles, and equipment.

(3) MAGLEV. - The term "MAGLEV" means transportation systems

employing magnetic levitation that would be capable of safe use

by the public at a speed in excess of 240 miles per hour.

(4) Partnership potential. - The term "partnership potential"

has the meaning given the term in the commercial feasibility

study of high-speed ground transportation conducted under section

1036 of the Intermodal Surface Transportation Efficiency Act of

1991 (105 Stat. 1978).

(b) Financial Assistance. -

(1) In general. - The Secretary shall make available financial

assistance to pay the Federal share of full project costs of

eligible projects selected under this section. Financial

assistance made available under this section and projects

assisted with the assistance shall be subject to section 5333(a)

of title 49, United States Code.

(2) Federal share. - The Federal share of full project costs

under paragraph (1) shall be not more than 2/3 .

(3) Use of assistance. - Financial assistance provided under

paragraph (1) shall be used only to pay eligible project costs of

projects selected under this section.

(c) Solicitation of Applications for Assistance. - Not later than

180 days after the date of enactment of this subsection, the

Secretary shall solicit applications from States, or authorities

designated by 1 or more States, for financial assistance authorized

by subsection (b) for planning, design, and construction of

eligible MAGLEV projects.

(d) Project Eligibility. - To be eligible to receive financial

assistance under subsection (b), a project shall -

(1) involve a segment or segments of a high-speed ground

transportation corridor that exhibit partnership potential;

(2) require an amount of Federal funds for project financing

that will not exceed the sum of -

(A) the amounts made available under subsection (h)(1); and

(B) the amounts made available by States under subsection

(h)(3);

(3) result in an operating transportation facility that

provides a revenue producing service;

(4) be undertaken through a public and private partnership,

with at least 1/3 of full project costs paid using non-Federal

funds;

(5) satisfy applicable statewide and metropolitan planning

requirements;

(6) be approved by the Secretary based on an application

submitted to the Secretary by a State or authority designated by

1 or more States;

(7) to the extent that non-United States MAGLEV technology is

used within the United States, be carried out as a technology

transfer project; and

(8) be carried out using materials at least 70 percent of which

are manufactured in the United States.

(e) Project Selection Criteria. - Prior to soliciting

applications, the Secretary shall establish criteria for selecting

which eligible projects under subsection (d) will receive financial

assistance under subsection (b). The criteria shall include the

extent to which -

(1) a project is nationally significant, including the extent

to which the project will demonstrate the feasibility of

deployment of MAGLEV technology throughout the United States;

(2) timely implementation of the project will reduce congestion

in other modes of transportation and reduce the need for

additional highway or airport construction;

(3) States, regions, and localities financially contribute to

the project;

(4) implementation of the project will create new jobs in

traditional and emerging industries;

(5) the project will augment MAGLEV networks identified as

having partnership potential;

(6) financial assistance would foster public and private

partnerships for infrastructure development and attract private

debt or equity investment;

(7) financial assistance would foster the timely implementation

of a project; and

(8) life-cycle costs in design and engineering are considered

and enhanced.

(f) Project Selection. -

(1) Preconstruction planning activities. - Not later than 90

days after a deadline established by the Secretary for the

receipt of applications, the Secretary shall evaluate the

eligible projects in accordance with the selection criteria and

select 1 or more eligible projects to receive financial

assistance for preconstruction planning activities, including -

(A) preparation of such feasibility studies, major investment

studies, and environmental impact statements and assessments as

are required under State law;

(B) pricing of the final design, engineering, and

construction activities proposed to be assisted under paragraph

(2); and

(C) such other activities as are necessary to provide the

Secretary with sufficient information to evaluate whether a

project should receive financial assistance for final design,

engineering, and construction activities under paragraph (2).

(2) Final design, engineering, and construction activities. -

After completion of preconstruction planning activities for all

projects assisted under paragraph (1), the Secretary shall select

1 of the projects to receive financial assistance for final

design, engineering, and construction activities.

(g) Joint Ventures. - A project undertaken by a joint venture of

United States and non-United States persons (including a project

involving the deployment of non-United States MAGLEV technology in

the United States) shall be eligible for financial assistance under

this section if the project is eligible under subsection (d) and

selected under subsection (f).

(h) Funding. -

(1) In general. -

(A) Contract authority; authorization of appropriations. -

(i) In general. - There is authorized to be appropriated

from the Highway Trust Fund (other than the Mass Transit

Account) to carry out this section $15,000,000 for fiscal

year 1999, $20,000,000 for fiscal year 2000, and $25,000,000

for fiscal year 2001.

(ii) Contract authority. - Funds authorized by this

subparagraph shall be available for obligation in the same

manner as if the funds were apportioned under chapter 1,

except that -

(I) the Federal share of the cost of a project carried

out under this section shall be determined in accordance

with subsection (b); and

(II) the availability of the funds shall be determined in

accordance with paragraph (2).

(B) Noncontract authority authorization of appropriations. -

(i) In general. - There are authorized to be appropriated

from the Highway Trust Fund (other than the Mass Transit

Account) to carry out this section (other than subsection

(i)) $200,000,000 for each of fiscal years 2000 and 2001,

$250,000,000 for fiscal year 2002, and $300,000,000 for

fiscal year 2003.

(ii) Availability. - Notwithstanding section 118(a), funds

made available under clause (i) shall not be available in

advance of an annual appropriation.

(2) Availability of funds. - Funds made available under

paragraph (1) shall remain available until expended.

(3) Other federal funds. - Notwithstanding any other provision

of law, funds made available to a State to carry out the surface

transportation program under section 133 and the congestion

mitigation and air quality improvement program under section 149

may be used by the State to pay a portion of the full project

costs of an eligible project selected under this section, without

requirement for non-Federal funds.

(4) Other assistance. - Notwithstanding any other provision of

law, an eligible project selected under this section shall be

eligible for other forms of financial assistance provided under

this title and the Transportation Equity Act for the 21st

Century, including loans, loan guarantees, and lines of credit.

(i) Low-Speed Project. -

(1) In general. - Notwithstanding any other provision of this

section, of the funds made available by subsection (h)(1)(A) to

carry out this section, $5,000,000 shall be made available to the

Secretary to make grants for the research and development of

low-speed superconductivity magnetic levitation technology for

public transportation purposes in urban areas to demonstrate

energy efficiency, congestion mitigation, and safety benefits.

(2) Noncontract authority authorization of appropriations. -

(A) In general. - There are authorized to be appropriated

from the Highway Trust Fund (other than the Mass Transit

Account) to carry out this subsection such sums as are

necessary for each of fiscal years 2000 through 2003.

(B) Availability. - Notwithstanding section 118(a), funds

made available under subparagraph (A) -

(i) shall not be available in advance of an annual

appropriation; and

(ii) shall remain available until expended.

-SOURCE-

(Added and amended Pub. L. 105-178, title I, Sec. 1218(a), (c),

June 9, 1998, 112 Stat. 216; Pub. L. 105-206, title IX, Sec.

9003(i), July 22, 1998, 112 Stat. 841.)

-REFTEXT-

REFERENCES IN TEXT

Section 1036 of the Intermodal Surface Transportation Efficiency

Act of 1991, referred to in subsec. (a)(4), is section 1036 of Pub.

L. 102-240, title I, Dec. 18, 1991, 105 Stat. 1978, which enacted

section 309 of Title 49, Transportation, amended section 831 of

Title 45, Railroads, and section 302 of Title 49, and enacted

provisions set out as notes under section 831 of Title 45 and

section 309 of Title 49.

The date of enactment of this subsection, referred to in subsec.

(c), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

The Transportation Equity Act for the 21st Century, referred to

in subsec. (h)(4), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107,

as amended. For complete classification of this Act to the Code,

see section 1(a) of Pub. L. 105-178, set out as a Short Title of

1998 Amendment note under section 101 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 322, added Pub. L. 91-605, title II, Sec. 205(a),

Dec. 31, 1970, 84 Stat. 1742; amended Pub. L. 93-643, Sec. 117,

Jan. 4, 1975, 88 Stat. 2288; Pub. L. 97-449, Sec. 5(d)(3), Jan. 12,

1983, 96 Stat. 2442, related to demonstration projects for

elimination or protection of certain ground-level rail-highway

crossings and required study of problem of providing increased

highway safety at public and private ground-level rail-highway

crossings on nationwide basis through elimination of such crossings

or otherwise, and report to Congress on such study not later than

July 1, 1972, prior to repeal by Pub. L. 100-17, title I, Sec.

133(e)(1), Apr. 2, 1987, 101 Stat. 173.

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-178, Sec. 1218(c)(1), as added

by Pub. L. 105-206, Sec. 9003(i), struck out "or under 50 miles per

hour" before period at end.

Subsec. (d)(1). Pub. L. 105-178, Sec. 1218(c)(2)(A), as added by

Pub. L. 105-206, Sec. 9003(i), struck out "or low-speed" after

"high-speed".

Subsec. (d)(2)(A). Pub. L. 105-178, Sec. 1218(c)(2)(B)(i), as

added by Pub. L. 105-206, Sec. 9003(i), substituted "(h)(1)" for

"(h)(1)(A)".

Subsec. (d)(2)(B). Pub. L. 105-178, Sec. 1218(c)(2)(B)(ii), as

added by Pub. L. 105-206, Sec. 9003(i), substituted "(h)(3)" for

"(h)(4)".

Subsec. (h)(1)(B)(i). Pub. L. 105-178, Sec. 1218(c)(3), as added

by Pub. L. 105-206, Sec. 9003(i), inserted "(other than subsection

(i))" after "this section".

Subsec. (i). Pub. L. 105-178, Sec. 1218(c)(4), as added by Pub.

L. 105-206, Sec. 9003(i), added subsec. (i).

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

ADVANCED TECHNOLOGY PILOT PROJECT

Pub. L. 105-178, title III, Sec. 3015(c), June 9, 1998, 112 Stat.

361, as amended by Pub. L. 105-206, title IX, Sec. 9009(k)(1), July

22, 1998, 112 Stat. 857, provided that:

"(1) In general. - The Secretary shall make grants for the

development of low speed magnetic levitation technology for public

transportation purposes in urban areas to demonstrate energy

efficiency, congestion mitigation, and safety benefits.

"(2) Funding. - Of the amounts made available under section

5001(a)(2) of this Act [112 Stat. 419] for each of fiscal years

1998 through 2003, $5,000,000 per fiscal year shall be available to

carry out this subsection. Financial assistance made available

under this subsection and projects assisted with the assistance

shall be subject to section 5333(a) of title 49, United States

Code.

"(3) Federal share. - The Federal share payable on account of

activities carried out using a grant made under this subsection

shall be 80 percent of the cost of such activities."

-End-

-CITE-

23 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 323. Donations and credits

-STATUTE-

(a) Donations of Property Being Acquired. - Nothing in this

title, or in any other provision of law, shall be construed to

prevent a person whose real property is being acquired in

connection with a project under this title, after he has been fully

informed of his right to receive just compensation for the

acquisition of his property, from making a gift or donation of such

property, or any part thereof, or of any of the compensation paid

therefor, to a Federal agency, a State or a State agency, or a

political subdivision of a State, as said person shall determine.

(b) Credit for Acquired Lands. -

(1) In general. - Notwithstanding any other provision of this

title, the State share of the cost of a project with respect to

which Federal assistance is provided from the Highway Trust Fund

(other than the Mass Transit Account) may be credited in an

amount equal to the fair market value of any land that -

(A) is lawfully obtained by the State or a unit of local

government in the State;

(B) is incorporated into the project;

(C) is not land described in section 138; and

(D) the Secretary determines will not influence the

environmental assessment of the project, including -

(i) the decision as to the need to construct the project;

(ii) the consideration of alternatives; and

(iii) the selection of a specific location.

(2) Establishment of fair market value. - The fair market value

of land incorporated into a project and credited under paragraph

(1) shall be established in the manner determined by the

Secretary, except that -

(A) the fair market value shall not include any increase or

decrease in the value of donated property caused by the

project; and

(B) the fair market value of donated land shall be

established as of the earlier of -

(i) the date on which the donation becomes effective; or

(ii) the date on which equitable title to the land vests in

the State.

(3) Limitation on applicability. - This subsection shall not

apply to donations made by an agency of the Federal Government.

(4) Limitation on amount of credit. - The credit received by a

State pursuant to this subsection may not exceed the State's

matching share for the project.

(c) Credit for Donations of Funds, Materials, or Services. -

Nothing in this title or any other law shall prevent a person from

offering to donate funds, materials, or services in connection with

a project eligible for assistance under this title. In the case of

such a project with respect to which the Federal Government and the

State share in paying the cost, any donated funds, or the fair

market value of any donated materials or services, that are

accepted and incorporated into the project by the State

transportation department shall be credited against the State

share.

(d) Procedures. - A gift or donation in accordance with

subsection (a) may be made at any time during the development of a

project. Any document executed as part of such donation prior to

the approval of an environmental document prepared pursuant to the

National Environmental Policy Act of 1969 shall clearly indicate

that -

(1) all alternatives to a proposed alignment will be studied

and considered pursuant to such Act;

(2) acquisition of property under this section shall not

influence the environmental assessment of a project including the

decision relative to the need to construct the project or the

selection of a specific location; and

(3) any property acquired by gift or donation shall be revested

in the grantor or successors in interest if such property is not

required for the alignment chosen after public hearings, if

required, and completion of the environmental document.

(e) Crediting of Contributions by Units of Local Government

Toward the State Share. - A contribution by a unit of local

government of real property, funds, or material in connection with

a project eligible for assistance under this title shall be

credited against the State share of the project at the fair market

value of the real property, funds, or material.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 145(a), Aug. 13, 1973, 87 Stat.

273; amended Pub. L. 93-643, Sec. 112, Jan. 4, 1975, 88 Stat. 2285;

Pub. L. 100-17, title I, Sec. 146(a), Apr. 2, 1987, 101 Stat. 179;

Pub. L. 104-59, title III, Sec. 322, Nov. 28, 1995, 109 Stat. 591;

Pub. L. 105-178, title I, Secs. 1212(a)(2)(A)(i), 1301(b)-(d)(1),

June 9, 1998, 112 Stat. 193, 225, 226.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 1301(d)(1), substituted "Donations

and credits" for "Donations" in section catchline.

Subsec. (b). Pub. L. 105-178, Sec. 1301(b)(1), substituted

"Acquired" for "Donated" in heading.

Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 1301(b)(2), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

"(1) General rule. - Notwithstanding any provision of this title,

the State matching share for a project with respect to which

Federal assistance is provided out of the Highway Trust Fund (other

than the Mass Transit Account) may be credited by the fair market

value of land incorporated into the project and lawfully donated to

the State after the date of the enactment of this subsection.

"(2) Establishment of fair market value. - The fair market value

of the donated land shall be established as determined by the

Secretary. Fair market value shall not include increases and

decreases in the value of donated property caused by the project.

For purposes of this subsection, the fair market value of donated

land shall be established as of the date the donation becomes

effective or when equitable title to the land vests in the State,

whichever is earlier."

Subsec. (b)(3). Pub. L. 105-178, Sec. 1301(b)(3), substituted

"agency of the Federal Government" for "agency of a Federal, State,

or local government".

Subsec. (b)(4). Pub. L. 105-178, Sec. 1301(b)(4), struck out "to

which the donation is applied" before period at end.

Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted

"State transportation department" for "State highway department".

Subsec. (e). Pub. L. 105-178, Sec. 1301(c), added subsec. (e).

1995 - Subsecs. (c), (d). Pub. L. 104-59 added subsec. (c) and

redesignated former subsec. (c) as (d).

1987 - Pub. L. 100-17 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

1975 - Pub. L. 93-643 substituted "after he has been fully

informed of his right to receive just compensation for the

acquisition of his property" for "after he has been tendered the

full amount of the estimated just compensation as established by an

approved appraisal of the fair market value of the subject real

property".

-End-

-CITE-

23 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

Sec. 324. Prohibition of discrimination on the basis of sex

-STATUTE-

No person shall on the ground of sex be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving Federal

assistance under this title or carried on under this title. This

provision will be enforced through agency provisions and rules

similar to those already established, with respect to racial and

other discrimination, under title VI of the Civil Rights Act of

1964. However, this remedy is not exclusive and will not prejudice

or cut off any other legal remedies available to a discriminatee.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 162(a), Aug. 13, 1973, 87 Stat.

280.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 2000d of Title 42 and

Tables.

-End-

-CITE-

23 USC [Secs. 325, 326 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 3 - GENERAL PROVISIONS

-HEAD-

[Secs. 325, 326. Repealed. Pub. L. 105-178, title V, Sec. 5119(b),

June 9, 1998, 112 Stat. 452]

-MISC1-

Section 325, added Pub. L. 102-240, title VI, Sec. 6003[(a)],

Dec. 18, 1991, 105 Stat. 2168, related to international highway

transportation outreach program.

Section 326, added Pub. L. 102-240, title VI, Sec. 6004(a), Dec.

18, 1991, 105 Stat. 2169; amended Pub. L. 105-130, Sec. 5(e)(4),

Dec. 1, 1997, 111 Stat. 2558, related to education and training

program.

-End-