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23 U.S.C. § 307 — Repealed. Pub. L. 105–178, title V, § 5119(b), June 9, 1998, 112 Stat. 452]

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 307 — Repealed. Pub. L. 105–178, title V, § 5119(b), June 9, 1998, 112 Stat. 452]

### Statutory Notes Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 87–866, § 11, Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, § 6, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–564, title I, § 103, Sept. 9, 1966, 80 Stat. 735; Pub. L. 91–605, title I, §§ 115(c), 126, 136(c), Dec. 31, 1970, 84 Stat. 1723, 1729, 1735; Pub. L. 93–87, title I, § 151, Aug. 13, 1973, 87 Stat. 276; Pub. L. 96–470, title I, § 112(b)(2), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97–424, title I, §§ 156(a), (b), (d), 160(a), Jan. 6, 1983, 96 Stat. 2134, 2135; Pub. L. 100–17, title I, §§ 128, 129, 133(b)(17), Apr. 2, 1987, 101 Stat. 167, 169, 172; Pub. L. 102–240, title VI, §§ 6001, 6005, Dec. 18, 1991, 105 Stat. 2162, 2170; Pub. L. 103–429, § 3(10), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title III, § 325(d), Nov. 28, 1995, 109 Stat. 592, related to research and planning. #### Intelligent Transportation Systems Pub. L. 102–240, title VI, pt. B, Dec. 18, 1991, 105 Stat. 2189, as amended by Pub. L. 102–388, title IV, § 404, Oct. 6, 1992, 106 Stat. 1564; Pub. L. 104–59, title III, § 338(a), (b), (c)(2), Nov. 28, 1995, 109 Stat. 603, 604; Pub. L. 105–130, § 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, § 5213, June 9, 1998, 112 Stat. 463. See Pub. L. 105–178, title V, §§ 5201–5213, June 9, 1998, 112 Stat. 452–463, set out as a note under [section 502 of this title](https://

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Source location: Title 23, Chapter 3, § 307; chapter-003-general-provisions.md

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23 U.S.C. § 502 — Surface transportation research, development, and technology

**(a) Basic Principles Governing Research and Technology Investments.—** (1) **Applicability.—** — The research, development, and technology provisions of this section shall apply throughout this chapter. (2) **Coverage.—** — Surface transportation research and technology development shall include all activities within the innovation lifecycle leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, communications, impact analysis, and technical support. (3) **Federal responsibility.—** — Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work— (A) is of national significance; (B) delivers a clear public benefit and occurs where private sector investment is less than optimal; (C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; (D) meets and addresses current or emerging needs; (E) addresses current gaps in research; (F) presents the best means to align resources with multiyear plans and priorities; (G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers; (H) educates transportation professionals; or (I) presents the best means to support Federal policy goals compared to other policy alternatives. (4) **Role.—** — Consistent with these Federal responsibilities, the Secretary shall— (A) conduct research; (B) partner with State highway agencies and other stakeholders as appropriate to facilitate research and

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23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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23 U.S.C. § 104 — Apportionment

**(a) Administrative Expenses.—** (1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim). (3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended. **(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr

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23 U.S.C. § 115 — Advance construction

**(a) In General.—** The Secretary may authorize a State to proceed with a project authorized under this title— (1) without the use of Federal funds; and (2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project— (A) with the aid of Federal funds previously apportioned or allocated to the State; or (B) with obligation authority previously allocated to the State. **(b) Obligation of Federal Share.—** The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible. **(c) Inclusion in Transportation Improvement Program.—** The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).

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23 U.S.C. § 120 — Federal share payable

**(a) Interstate System Projects.—** (1) **In general.—** — Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project. (2) **State-determined lower federal share.—** — In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph. **(b) Other Projects.—** Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be— (1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or (2) 80 percent of the cost ther

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23 U.S.C. § 130 — Railway-highway crossings

**(a)** Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim). In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim). **(b)** The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project. **(c)** Any railroad involved in a proje

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23 U.S.C. § 403 — Highway safety research and development

**(a) Defined Term.—** In this section, the term “Federal laboratory” includes— (1) a government-owned, government-operated laboratory; and (2) a government-owned, contractor-operated laboratory. **(b) General Authority.—** (1) **Research and development activities.—** — The Secretary may conduct research and development activities, including demonstration projects, training, education, and the collection and analysis of highway and motor vehicle safety data and related information needed to carry out this section, with respect to— (A) all aspects of highway and traffic safety systems and conditions relating to— (i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics; (ii) crash causation and investigations; (iii) communications; and (iv) emergency medical services, including the transportation of the injured; (B) human behavioral factors and their effect on highway and traffic safety, including— (i) driver education; (ii) impaired driving; and (iii) distracted driving; (C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives; (D) the development of technologies to detect drug impaired drivers; (E) research on, evaluations of, and identification of best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration, and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems; and (F) the effect of State laws on any aspects, activities, or programs described in subparagraphs (A) through (E)

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49 U.S.C. § 5101 — Purpose

The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.

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23 U.S.C. § 307 — Untitled legal text

Page 350 TITLE 23—HIGHWAYS § 305 Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘Federal-aid high- ways’’ for ‘‘the Federal-aid highway systems’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. § 305. Archeological and paleontological salvage Funds authorized to be appropriated to carry out this title to the extent approved as nec- essary by the highway department of any State, may be used for archeological and paleontolog- ical 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, (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 86–657, § 8(e), July 14, 1960, 74 Stat. 525.) Editorial Notes 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. For complete classification of this Act to the Code, see Ta- bles. AMENDMENTS 1960—Pub. L. 86–657 substituted ‘‘appropriated to carry out this title to the extent approved’’ for ‘‘appro- priated under the Federal-Aid Highway Act of 1956, to the extent approved’’. § 306. Mapping (a) IN GENERAL.—In carrying out the provi- sions of this title, the Secretary shall, wherever practicable, authorize the use of photo- grammetric methods in mapping, and the utili- zation of commercial enterprise for such serv- ices. (b) GUIDANCE.—The Secretary shall issue guid- ance to encourage States to utilize, to the max- imu

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