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-CITE-
23 USC CHAPTER 3 - GENERAL PROVISIONS 01/03/2007

-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 Repealed.]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. Buy America.
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. Signs identifying funding sources.
322. Magnetic levitation transportation technology
deployment program.
323. Donations and credits.
324. Prohibition of discrimination on the basis of sex.
325. State assumption of responsibilities for certain
programs and projects.
326. State assumption of responsibility for categorical
exclusions.
327. Surface transportation project delivery pilot program.
328. Eligibility for environmental restoration and
pollution abatement.
329. Eligibility for control of noxious weeds and aquatic
noxious weeds and establishment of native species.

AMENDMENTS
2005 - Pub. L. 109-59, title I, Secs. 1901(b), 1903(b), title VI,
Secs. 6003(b), 6004(b), 6005(b), 6006(c), Aug. 10, 2005, 119 Stat.
1464, 1465, 1867, 1868, 1872, 1873, added items 313, 321, and 325
to 329.
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 01/03/2007

-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.)

-End-



-CITE-
23 USC Sec. 302 01/03/2007

-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 01/03/2007

-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.

REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM
Pub. L. 109-59, title I, Sec. 1201, Aug. 10, 2005, 119 Stat.
1196, provided that:
"(a) Establishment. -
"(1) In general. - The Secretary [of Transportation] shall
establish a real-time system management information program to
provide, in all States, the capability to monitor, in real-time,
the traffic and travel conditions of the major highways of the
United States and to share that information to improve the
security of the surface transportation system, to address
congestion problems, to support improved response to weather
events and surface transportation incidents, and to facilitate
national and regional highway traveler information.
"(2) Purposes. - The purposes of the real-time system
management information program are to -
"(A) establish, in all States, a system of basic real-time
information for managing and operating the surface
transportation system;
"(B) identify longer range real-time highway and transit
monitoring needs and develop plans and strategies for meeting
such needs; and
"(C) provide the capability and means to share that data with
State and local governments and the traveling public.
"(b) Data Exchange Formats. - Not later than 2 years after the
date of enactment of this Act [Aug. 10, 2005], the Secretary [of
Transportation] shall establish data exchange formats to ensure
that the data provided by highway and transit monitoring systems,
including statewide incident reporting systems, can readily be
exchanged across jurisdictional boundaries, facilitating nationwide
availability of information.
"(c) Regional Intelligent Transportation System Architecture. -
"(1) Addressing information needs. - As State and local
governments develop or update regional intelligent transportation
system architectures, described in section 940.9 of title 23,
Code of Federal Regulations, such governments shall explicitly
address real-time highway and transit information needs and the
systems needed to meet such needs, including addressing coverage,
monitoring systems, data fusion and archiving, and methods of
exchanging or sharing highway and transit information.
"(2) Data exchange. - States shall incorporate the data
exchange formats established by the Secretary [of Transportation]
under subsection (b) to ensure that the data provided by highway
and transit monitoring systems may readily be exchanged with
State and local governments and may be made available to the
traveling public.
"(d) Eligibility. - Subject to project approval by the Secretary
[of Transportation], a State may obligate funds apportioned to the
State under sections 104(b)(1), 104(b)(2), and 104(b)(3) of title
23, United States Code, for activities relating to the planning and
deployment of real-time monitoring elements that advance the goals
and purposes described in subsection (a).
"(e) Limitation on Statutory Construction. - Nothing in this
section shall be construed as altering or otherwise affecting the
applicability of the requirements of chapter 1 of title 23, United
States Code (including requirements relating to the eligibility of
a project for assistance under the program, the location of the
project, and the Federal-share payable on account of the project),
to amounts apportioned to a State for a program under section
104(b) that are obligated by the State for activities and projects
under this section.
"(f) Statewide Incident Reporting System Defined. - In this
section, the term 'statewide incident reporting system' means a
statewide system for facilitating the real-time electronic
reporting of surface transportation incidents to a central location
for use in monitoring the event, providing accurate traveler
information, and responding to the incident as appropriate."

-End-



-CITE-
23 USC Sec. 304 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 307. Repealed.

-MISC1-
[Sec. 307. Repealed. Pub. L. 105-178, title V, Sec. 5119(b), June
9, 1998, 112 Stat. 452].
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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 313. Buy America

-STATUTE-
(a) Notwithstanding any other provision of law, the Secretary of
Transportation shall not obligate any funds authorized to be
appropriated to carry out the Surface Transportation Assistance Act
of 1982 (96 Stat. 2097) or this title and administered by the
Department of Transportation, unless steel, iron, and manufactured
products used in such project are produced in the United States.
(b) The provisions of subsection (a) of this section shall not
apply where the Secretary finds -
(1) that their application would be inconsistent with the
public interest;
(2) that such materials and products are not produced in the
United States in sufficient and reasonably available quantities
and of a satisfactory quality; or
(3) that inclusion of domestic material will increase the cost
of the overall project contract by more than 25 percent.

(c) For purposes of this section, in calculating components'
costs, labor costs involved in final assembly shall not be included
in the calculation.
(d) The Secretary of Transportation shall not impose any
limitation or condition on assistance provided under the Surface
Transportation Assistance Act of 1982 (96 Stat. 2097) or this title
that restricts any State from imposing more stringent requirements
than this section on the use of articles, materials, and supplies
mined, produced, or manufactured in foreign countries in projects
carried out with such assistance or restricts any recipient of such
assistance from complying with such State imposed requirements.
(e) Intentional Violations. - If it has been determined by a
court or Federal agency that any person intentionally -
(1) affixed a label bearing a "Made in America" inscription, or
any inscription with the same meaning, to any product used in
projects to which this section applies, sold in or shipped to the
United States that was not made in the United States; or
(2) represented that any product used in projects to which this
section applies, sold in or shipped to the United States that was
not produced in the United States, was produced in the United
States;

that person shall be ineligible to receive any contract or
subcontract made with funds authorized under the Intermodal Surface
Transportation Efficiency Act of 1991 pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of chapter
1 of title 48, Code of Federal Regulations.
(f) Limitation on Applicability of Waivers to Products Produced
in Certain Foreign Countries. - If the Secretary, in consultation
with the United States Trade Representative, determines that -
(1) a foreign country is a party to an agreement with the
United States and pursuant to that agreement the head of an
agency of the United States has waived the requirements of this
section, and
(2) the foreign country has violated the terms of the agreement
by discriminating against products covered by this section that
are produced in the United States and are covered by the
agreement,

the provisions of subsection (b) shall not apply to products
produced in that foreign country.

-SOURCE-
(Added and amended Pub. L. 109-59, title I, Sec. 1903(a), (c), Aug.
10, 2005, 119 Stat. 1464, 1465.)

-REFTEXT-
REFERENCES IN TEXT
The Surface Transportation Assistance Act of 1982, referred to in
subsecs. (a) and (d), is Pub. L. 97-424, Jan. 6, 1983, 96 Stat.
2097, as amended. For complete classification of this Act to the
Code, see Short Title of 1983 Amendments note set out under section
101 of this title and Tables.
The Intermodal Surface Transportation Efficiency Act of 1991,
referred to in subsec. (e), is Pub. L. 102-240, Dec. 18, 1991, 105
Stat. 1914, as amended. For complete classification of this Act to
the Code, see Short Title of 1991 Amendment note set out under
section 101 of Title 49, Transportation, and Tables.

-COD-
CODIFICATION
Section, as added by Pub. L. 109-59, consists of text of Pub. L.
97-424, title I, Sec. 165, Jan. 6, 1983, 96 Stat. 2136; Pub. L. 98-
229, Sec. 10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100-17, title I,
Secs. 133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171,
241; Pub. L. 102-240, title I, Sec. 1048, title III, Sec. 3003(b),
Dec. 18, 1991, 105 Stat. 1999, 2088; Pub. L. 103-272, Sec. 4(r),
July 5, 1994, 108 Stat. 1371; Pub. L. 103-429, Sec. 7(a)(3)(E),
Oct. 31, 1994, 108 Stat. 4389, which was formerly set out as a note
under section 101 of this title, and was repealed by Pub. L. 109-
59, title I, Sec. 1903(d), Aug. 10, 2005, 119 Stat. 1465.


-MISC1-
PRIOR PROVISIONS
A prior section 313, 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, prior to
repeal by Pub. L. 89-564, title I, Sec. 102(a), Sept. 9, 1966, 80
Stat. 734. See section 401 et seq. of this title.

AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1903(c)(1), substituted
"to carry out the Surface Transportation Assistance Act of 1982 (96
Stat. 2097) or this title" for "by this Act or by any Act amended
by this Act or, after the date of enactment of this Act, any funds
authorized to be appropriated to carry out this Act, title 23,
United States Code, or the Surface Transportation Assistance Act of
1978".
Subsec. (b)(3), (4). Pub. L. 109-59, Sec. 1903(c)(2),
redesignated par. (4) as (3).
Subsec. (d). Pub. L. 109-59, Sec. 1903(c)(3), substituted "the
Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or
this title that" for "this Act, the Surface Transportation
Assistance Act of 1978 or title 23, United States Code, which".
Subsec. (e) to (g). Pub. L. 109-59, Sec. 1903(c)(4), (5), which
directed amendment of this section by striking subsec. (e) and
redesignating subsecs. (f) and (g) as (e) and (f), respectively,
was executed by making the redesignations and by striking out two
subsecs. (e), to reflect the probable intent of Congress. The first
subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97-424,
as originally enacted, repealed section 401 of the Surface
Transportation Assistance Act of 1978, Pub. L. 95-599. The second
subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97-424,
as added by Pub. L. 102-240, Sec. 1048(b), related to report on
purchases from foreign entities waived under subsec. (b) in fiscal
years 1992 and 1993.

-End-



-CITE-
23 USC Sec. 314 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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".

-End-



-CITE-
23 USC Sec. 318 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 321. Signs identifying funding sources

-STATUTE-
If a State has a practice of erecting on projects under actual
construction without Federal-aid highway assistance signs which
indicate the source or sources of any funds used to carry out such
projects, such State shall erect on all projects under actual
construction with any funds made available out of the Highway Trust
Fund (other than the Mass Transit Account) signs which are visible
to highway users and which indicate each governmental source of
funds being used to carry out such federally assisted projects and
the amount of funds being made available by each such source.

-SOURCE-
(Added Pub. L. 109-59, title I, Sec. 1901(a), Aug. 10, 2005, 119
Stat. 1464.)

-COD-
CODIFICATION
Section, as added by Pub. L. 109-59, consists of text of Pub. L.
100-17, title I, Sec. 154, Apr. 2, 1987, 101 Stat. 209, which was
formerly set out as a note under section 101 of this title, and was
repealed by Pub. L. 109-59, title I, Sec. 1901(c), Aug. 10, 2005,
119 Stat. 1464.


-MISC1-
PRIOR PROVISIONS
A prior section 321, 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, prior to
repeal by Pub. L. 105-178, title V, Sec. 5119(b), June 9, 1998, 112
Stat. 452.

-End-



-CITE-
23 USC Sec. 322 01/03/2007

-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.

DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS
Pub. L. 109-59, title I, Sec. 1307, Aug. 10, 2005, 119 Stat.
1217, provided that:
"(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) State. - The term 'State' has the meaning such term has
under section 101(a) of title 23, United States Code.
"(b) In General. -
"(1) Assistance for eligible projects. - The Secretary [of
Transportation] shall make available financial assistance to pay
the Federal share of full project costs of eligible projects
authorized by this section.
"(2) Use of assistance. - Financial assistance provided under
paragraph (1) shall be used only to pay eligible project costs of
projects authorized by this section.
"(3) Applicability of other laws. - Financial assistance made
available under this section, and projects assisted with such
assistance, shall be subject to section 5333(a) of title 49,
United States Code.
"(c) 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;
"(2) result in an operating transportation facility that
provides a revenue producing service; and
"(3) be approved by the Secretary [of Transportation] based on
an application submitted to the Secretary by a State or authority
designated by one or more States.
"(d) Allocation. - Of the amounts made available to carry out
this section for a fiscal year, the Secretary [of Transportation]
shall allocate 50 percent for the MAGLEV project between Las Vegas
and Primm, Nevada, and 50 percent for a MAGLEV project located east
of the Mississippi River."

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; Pub. L. 108-88, Sec. 8(q), Sept. 30, 2003,
117 Stat. 1125; Pub. L. 108-202, Sec. 9(q), Feb. 29, 2004, 118
Stat. 489; Pub. L. 108-224, Sec. 7(q), Apr. 30, 2004, 118 Stat.
637; Pub. L. 108-263, Sec. 7(q), June 30, 2004, 118 Stat. 708; Pub.
L. 108-280, Sec. 7(q), July 30, 2004, 118 Stat. 885; Pub. L. 108-
310, Sec. 8(q), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109-14,
Sec. 7(p), May 31, 2005, 119 Stat. 334; Pub. L. 109-20, Sec. 7(p),
July 1, 2005, 119 Stat. 356; Pub. L. 109-35, Sec. 7(p), July 20,
2005, 119 Stat. 389; Pub. L. 109-37, Sec. 7(p), July 22, 2005, 119
Stat. 404; Pub. L. 109-40, Sec. 7(p), July 28, 2005, 119 Stat. 420,
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 2004, and for the period of October 1, 2004, through
July 30, 2005,, [sic] $5,000,000 per fiscal year and $4,150,685 for
such period 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."
[Pub. L. 109-35, Sec. 7(p)(1), which directed amendment of Pub.
L. 105-178, Sec. 3015(c)(2), set out above, by substituting "July
21, 2005" for "July 19, 2005," was executed by making the
substitution for "July 19, 2005", to reflect the probable intent of
Congress.]
[Pub. L. 109-20, Sec. 7(p)(1), which directed amendment of Pub.
L. 105-178, Sec. 3015(c)(2), set out above, by substituting "July
19, 2005" for "June 30, 2005," was executed by making the
substitution for "June 30, 2005", to reflect the probable intent of
Congress.]
[Pub. L. 108-280, Sec. 7(q), which directed amendment of Pub. L.
105-178, Sec. 3015(c)(2), set out above, by substituting "2004,
$5,000,000 per fiscal year" for "2003, and for the period of
October 1, 2003, through July 31, 2004 $5,000,000 per fiscal year
and $4,142,083 for such period", was executed by making the
substitution for "2003, and for the period of October 1, 2003,
through July 31, 2004, $5,000,000 per fiscal year and $4,142,083
for such period", to reflect the probable intent of Congress.]
[Pub. L. 108-224, Sec. 7(q)(1), which directed amendment of Pub.
L. 105-178, Sec. 3015(c)(2), set out above, by substituting "June
30, 2004" for "April 30, 2004," was executed by making the
substitution for "April 30, 2004", to reflect the probable intent
of Congress.]

-End-



-CITE-
23 USC Sec. 323 01/03/2007

-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, or a local
government from offering to donate funds, materials, or services
performed by local government employees, 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.

-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; Pub. L. 109-59, title I,
Sec. 1902, Aug. 10, 2005, 119 Stat. 1464.)

-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
2005 - Subsec. (c). Pub. L. 109-59, Sec. 1902(1), inserted ", or
a local government from offering to donate funds, materials, or
services performed by local government employees," before "in
connection with a project".
Subsec. (e). Pub. L. 109-59, Sec. 1902(2), struck out heading and
text of subsec. (e). Text read as follows: "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."
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 01/03/2007

-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 Sec. 325 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 325. State assumption of responsibilities for certain programs
and projects

-STATUTE-
(a) Assumption of Secretary's Responsibilities Under Applicable
Federal Laws. -
(1) Pilot program. -
(A) Establishment. - The Secretary may establish a pilot
program under which States may assume the responsibilities of
the Secretary under any Federal laws subject to the
requirements of this section.
(B) First 3 fiscal years. - In the first 3 fiscal years
following the date of enactment of the SAFETEA-LU, the
Secretary may allow up to 5 States to participate in the pilot
program.

(2) Scope of program. - Under the pilot program, the Secretary
may assign, and a State may assume, any of the Secretary's
responsibilities (other than responsibilities relating to
federally recognized Indian tribes) for environmental reviews,
consultation, or decisionmaking or other actions required under
any Federal law as such requirements apply to the following
projects:
(A) Projects funded under section 104(h).
(B) Transportation enhancement activities under section 133,
as such term is defined in section 101(a)(35).

(b) Agreements. -
(1) In general. - The Secretary shall enter into a memorandum
of understanding with a State participating in the pilot program
setting forth the responsibilities to be assigned under
subsection (a)(2) and the terms and conditions under which the
assignment is being made.
(2) Certification. - Before the Secretary enters into a
memorandum of understanding with a State under paragraph (1), the
State shall certify that the State has in effect laws (including
regulations) applicable to projects carried out and funded under
this title and chapter 53 of title 49 that authorize the State to
carry out the responsibilities being assumed.
(3) Maximum duration. - A memorandum of understanding with a
State under this section shall be established for an initial
period of no more than 3 years and may be renewed by mutual
agreement on a periodic basis for periods of not more than 3
years.
(4) Compliance. -
(A) In general. - After entering into a memorandum of
understanding under paragraph (1), the Secretary shall review
and determine compliance by the State with the memorandum of
understanding.
(B) Renewals. - The Secretary shall take into account the
performance of a State under the pilot program when considering
renewal of a memorandum of understanding with the State under
the program.

(5) Sole responsibility. - A State that assumes responsibility
under subsection (a)(2) with respect to a Federal law shall be
solely responsible and solely liable for complying with and
carrying out that law, and the Secretary shall have no such
responsibility or liability.
(6) Acceptance of jurisdiction. - In a memorandum of
understanding, the State shall consent to accept the jurisdiction
of the Federal courts for the compliance, discharge, and
enforcement of any responsibility of the Secretary that the State
assumes.

(c) Selection of States for Pilot Program. -
(1) Application. - To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains such information as the Secretary may require. At a
minimum, an application shall include -
(A) a description of the projects or classes of projects for
which the State seeks to assume responsibilities under
subsection (a)(2); and
(B) a certification that the State has the capability to
assume such responsibilities.

(2) Public notice. - Before entering into a memorandum of
understanding allowing a State to participate in the pilot
program, the Secretary shall -
(A) publish notice in the Federal Register of the Secretary's
intent to allow the State to participate in the program,
including a copy of the State's application to the Secretary
and the terms of the proposed agreement with the State; and
(B) provide an opportunity for public comment.

(3) Selection criteria. - The Secretary may approve the
application of a State to assume responsibilities under the
program only if -
(A) the requirements under paragraph (2) have been met; and
(B) the Secretary determines that the State has the
capability to assume the responsibilities.

(4) Other federal agency views. - Before assigning to a State a
responsibility of the Secretary that requires the Secretary to
consult with another Federal agency, the Secretary shall solicit
the views of the Federal agency.

(d) State Defined. - With respect to the recreational trails
program, the term "State" means the State agency designated by the
Governor of the State in accordance with section 206(c)(1).
(e) Preservation of Public Interest Consideration. - Nothing in
this section shall be construed to limit the requirements under any
applicable law providing for the consideration and preservation of
the public interest, including public participation and community
values in transportation decisionmaking.

-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6003(a), Aug. 10, 2005, 119
Stat. 1865.)

-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the SAFETEA-LU, referred to in subsec.
(a)(1)(B), is the date of enactment of Pub. L. 109-59, which was
approved Aug. 10, 2005.


-MISC1-
PRIOR PROVISIONS
A prior 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, prior to repeal by Pub. L.
105-178, title V, Sec. 5119(b), June 9, 1998, 112 Stat. 452.

-End-



-CITE-
23 USC Sec. 326 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 326. State assumption of responsibility for categorical
exclusions

-STATUTE-
(a) Categorical Exclusion Determinations. -
(1) In general. - The Secretary may assign, and a State may
assume, responsibility for determining whether certain designated
activities are included within classes of action identified in
regulation by the Secretary that are categorically excluded from
requirements for environmental assessments or environmental
impact statements pursuant to regulations promulgated by the
Council on Environmental Quality under part 1500 of title 40,
Code of Federal Regulations (as in effect on October 1, 2003).
(2) Scope of authority. - A determination described in
paragraph (1) shall be made by a State in accordance with
criteria established by the Secretary and only for types of
activities specifically designated by the Secretary.
(3) Criteria. - The criteria under paragraph (2) shall include
provisions for public availability of information consistent with
section 552 of title 5 and the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).

(b) Other Applicable Federal Laws. -
(1) In general. - If a State assumes responsibility under
subsection (a), the Secretary may also assign and the State may
assume all or part of the responsibilities of the Secretary for
environmental review, consultation, or other related actions
required under any Federal law applicable to activities that are
classified by the Secretary as categorical exclusions, with the
exception of government-to-government consultation with Indian
tribes, subject to the same procedural and substantive
requirements as would be required if that responsibility were
carried out by the Secretary.
(2) Sole responsibility. - A State that assumes responsibility
under paragraph (1) with respect to a Federal law shall be solely
responsible and solely liable for complying with and carrying out
that law, and the Secretary shall have no such responsibility or
liability.

(c) Memoranda of Understanding. -
(1) In general. - The Secretary and the State, after providing
public notice and opportunity for comment, shall enter into a
memorandum of understanding setting forth the responsibilities to
be assigned under this section and the terms and conditions under
which the assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion determinations.
(2) Term. - A memorandum of understanding -
(A) shall have a term of not more than 3 years; and
(B) shall be renewable.

(3) Acceptance of jurisdiction. - In a memorandum of
understanding, the State shall consent to accept the jurisdiction
of the Federal courts for the compliance, discharge, and
enforcement of any responsibility of the Secretary that the State
assumes.
(4) Monitoring. - The Secretary shall -
(A) monitor compliance by the State with the memorandum of
understanding and the provision by the State of financial
resources to carry out the memorandum of understanding; and
(B) take into account the performance by the State when
considering renewal of the memorandum of understanding.

(d) Termination. - The Secretary may terminate any assumption of
responsibility under a memorandum of understanding on a
determination that the State is not adequately carrying out the
responsibilities assigned to the State.
(e) State Agency Deemed to Be Federal Agency. - A State agency
that is assigned a responsibility under a memorandum of
understanding shall be deemed to be a Federal agency for the
purposes of the Federal law under which the responsibility is
exercised.

-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6004(a), Aug. 10, 2005, 119
Stat. 1867.)

-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(3), 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-
PRIOR PROVISIONS
A prior 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, prior to repeal by Pub. L. 105-178, title V,
Sec. 5119(b), June 9, 1998, 112 Stat. 452.

-End-



-CITE-
23 USC Sec. 327 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 327. Surface transportation project delivery pilot program

-STATUTE-
(a) Establishment. -
(1) In general. - The Secretary shall carry out a surface
transportation project delivery pilot program (referred to in
this section as the "program").
(2) Assumption of responsibility. -
(A) In general. - Subject to the other provisions of this
section, with the written agreement of the Secretary and a
State, which may be in the form of a memorandum of
understanding, the Secretary may assign, and the State may
assume, the responsibilities of the Secretary with respect to
one or more highway projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Additional responsibility. - If a State assumes
responsibility under subparagraph (A) -
(i) the Secretary may assign to the State, and the State
may assume, all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
action required under any Federal environmental law
pertaining to the review or approval of a specific project;
but
(ii) the Secretary may not assign -
(I) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506); or
(II) any responsibility imposed on the Secretary by
section 134 or 135.

(C) Procedural and substantive requirements. - A State shall
assume responsibility under this section subject to the same
procedural and substantive requirements as would apply if that
responsibility were carried out by the Secretary.
(D) Federal responsibility. - Any responsibility of the
Secretary not explicitly assumed by the State by written
agreement under this section shall remain the responsibility of
the Secretary.
(E) No effect on authority. - Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
Department of Transportation, under applicable law (including
regulations) with respect to a project.

(b) State Participation. -
(1) Number of participating states. - The Secretary may permit
not more than 5 States (including the States of Alaska,
California, Ohio, Oklahoma, and Texas) to participate in the
program.
(2) Application. - Not later than 270 days after the date of
enactment of this section, the Secretary shall promulgate
regulations that establish requirements relating to information
required to be contained in any application of a State to
participate in the program, including, at a minimum -
(A) the projects or classes of projects for which the State
anticipates exercising the authority that may be granted under
the program;
(B) verification of the financial resources necessary to
carry out the authority that may be granted under the program;
and
(C) evidence of the notice and solicitation of public comment
by the State relating to participation of the State in the
program, including copies of comments received from that
solicitation.

(3) Public notice. -
(A) In general. - Each State that submits an application
under this subsection shall give notice of the intent of the
State to participate in the program not later than 30 days
before the date of submission of the application.
(B) Method of notice and solicitation. - The State shall
provide notice and solicit public comment under this paragraph
by publishing the complete application of the State in
accordance with the appropriate public notice law of the State.

(4) Selection criteria. - The Secretary may approve the
application of a State under this section only if -
(A) the regulatory requirements under paragraph (2) have been
met;
(B) the Secretary determines that the State has the
capability, including financial and personnel, to assume the
responsibility; and
(C) the head of the State agency having primary jurisdiction
over highway matters enters into a written agreement with the
Secretary described in subsection (c).

(5) Other federal agency views. - If a State applies to assume
a responsibility of the Secretary that would have required the
Secretary to consult with another Federal agency, the Secretary
shall solicit the views of the Federal agency before approving
the application.

(c) Written Agreement. - A written agreement under this section
shall -
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State -
(A) agrees to assume all or part of the responsibilities of
the Secretary described in subsection (a);
(B) expressly consents, on behalf of the State, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including regulations) are in
effect that -
(i) authorize the State to take the actions necessary to
carry out the responsibilities being assumed; and
(ii) are comparable to section 552 of title 5, including
providing that any decision regarding the public availability
of a document under those State laws is reviewable by a court
of competent jurisdiction; and

(D) agrees to maintain the financial resources necessary to
carry out the responsibilities being assumed.

(d) Jurisdiction. -
(1) In general. - The United States district courts shall have
exclusive jurisdiction over any civil action against a State for
failure to carry out any responsibility of the State under this
section.
(2) Legal standards and requirements. - A civil action under
paragraph (1) shall be governed by the legal standards and
requirements that would apply in such a civil action against the
Secretary had the Secretary taken the actions in question.
(3) Intervention. - The Secretary shall have the right to
intervene in any action described in paragraph (1).

(e) Effect of Assumption of Responsibility. - A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of the
Secretary, the responsibilities assumed under subsection (a)(2),
until the program is terminated as provided in subsection (i).
(f) Limitations on Agreements. - Nothing in this section permits
a State to assume any rulemaking authority of the Secretary under
any Federal law.
(g) Audits. -
(1) In general. - To ensure compliance by a State with any
agreement of the State under subsection (c) (including compliance
by the State with all Federal laws for which responsibility is
assumed under subsection (a)(2)), for each State participating in
the program under this section, the Secretary shall conduct -
(A) semiannual audits during each of the first 2 years of
State participation; and
(B) annual audits during each subsequent year of State
participation.

(2) Public availability and comment. -
(A) In general. - An audit conducted under paragraph (1)
shall be provided to the public for comment.
(B) Response. - Not later than 60 days after the date on
which the period for public comment ends, the Secretary shall
respond to public comments received under subparagraph (A).

(h) Report to Congress. - The Secretary shall submit to Congress
an annual report that describes the administration of the program.
(i) Termination. -
(1) In general. - Except as provided in paragraph (2), the
program shall terminate on the date that is 6 years after the
date of enactment of this section.
(2) Termination by secretary. - The Secretary may terminate the
participation of any State in the program if -
(A) the Secretary determines that the State is not adequately
carrying out the responsibilities assigned to the State;
(B) the Secretary provides to the State -
(i) notification of the determination of noncompliance; and
(ii) a period of at least 30 days during which to take such
corrective action as the Secretary determines is necessary to
comply with the applicable agreement; and

(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by Secretary.

-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6005(a), Aug. 10, 2005, 119
Stat. 1868.)

-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(2)(A), 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.
The date of enactment of this section, referred to in subsecs.
(b)(2) and (i)(1), is the date of enactment of Pub. L. 109-59,
which was approved Aug. 10, 2005.

-End-



-CITE-
23 USC Sec. 328 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 328. Eligibility for environmental restoration and pollution
abatement

-STATUTE-
(a) In General. - Subject to subsection (b), environmental
restoration and pollution abatement to minimize or mitigate the
impacts of any transportation project funded under this title
(including retrofitting and construction of stormwater treatment
systems to meet Federal and State requirements under sections 401
and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341;
1342)) may be carried out to address water pollution or
environmental degradation caused wholly or partially by a
transportation facility.
(b) Maximum Expenditure. - In a case in which a transportation
facility is undergoing reconstruction, rehabilitation, resurfacing,
or restoration, the expenditure of funds under this section for
environmental restoration or pollution abatement described in
subsection (a) shall not exceed 20 percent of the total cost of the
reconstruction, rehabilitation, resurfacing, or restoration of the
facility.

-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6006(b), Aug. 10, 2005, 119
Stat. 1872.)

-End-



-CITE-
23 USC Sec. 329 01/03/2007

-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS

-HEAD-
Sec. 329. Eligibility for control of noxious weeds and aquatic
noxious weeds and establishment of native species

-STATUTE-
(a) In General. - In accordance with all applicable Federal law
(including regulations), funds made available to carry out this
section may be used for the following activities if such activities
are related to transportation projects funded under this title:
(1) Establishment of plants selected by State and local
transportation authorities to perform one or more of the
following functions: abatement of stormwater runoff,
stabilization of soil, and aesthetic enhancement.
(2) Management of plants which impair or impede the
establishment, maintenance, or safe use of a transportation
system.

(b) Included Activities. - The establishment and management under
subsection (a)(1) and (a)(2) may include -
(1) right-of-way surveys to determine management requirements
to control Federal or State noxious weeds as defined in the Plant
Protection Act (7 U.S.C. 7701 et seq.) or State law, and brush or
tree species, whether native or nonnative, that may be considered
by State or local transportation authorities to be a threat with
respect to the safety or maintenance of transportation systems;
(2) establishment of plants, whether native or nonnative with a
preference for native to the maximum extent possible, for the
purposes defined in subsection (a)(1);
(3) control or elimination of plants as defined in subsection
(a)(2);
(4) elimination of plants to create fuel breaks for the
prevention and control of wildfires; and
(5) training.

(c) Contributions. -
(1) In general. - Subject to paragraph (2), an activity
described in subsection (a) may be carried out concurrently with,
in advance of, or following the construction of a project funded
under this title.
(2) Condition for activities conducted in advance of project
construction. - An activity described in subsection (a) may be
carried out in advance of construction of a project only if the
activity is carried out in accordance with all applicable
requirements of Federal law (including regulations) and State
transportation planning processes.

-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6006(b), Aug. 10, 2005, 119
Stat. 1872.)

-REFTEXT-
REFERENCES IN TEXT
The Plant Protection Act, referred to in subsec. (b)(1), is title
IV of Pub. L. 106-224, June 20, 2000, 114 Stat. 438, as amended,
which is classified principally to chapter 104 (Sec. 7701 et seq.)
of Title 7, Agriculture. For complete classification of this Act to
the Code, see Short Title note set out under section 7701 of Title
7 and Tables.

-End-
   

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