23 U.S.C. § 505 — State planning and research

Page 457 TITLE 23—HIGHWAYS § 505 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. CENTER FOR TRANSPORTATION ADVANCEMENT AND REGIONAL DEVELOPMENT Pub. L. 109–59, title V, § 5504, Aug. 10, 2005, 119 Stat. 1822, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary [of Transpor- tation] shall establish a Center for Transportation Ad- vancement and Regional Development (referred to in this section as the ‘Center’) to assist, through training, education, and research, in the comprehensive develop- ment of small metropolitan and rural regional trans- portation systems that are responsive to the needs of businesses and local communities. ‘‘(b) ACTIVITIES.—In carrying out this section, the Center shall— ‘‘(1) provide training, information, and professional resources for small metropolitan and rural regions to pursue innovative strategies to expand the capabili- ties, capacity, and effectiveness of a region’s trans- portation network, including activities related to freight projects, transit system upgrades, roadways and bridges, and intermodal transfer facilities and operations; ‘‘(2) assist local officials, rural transportation and economic development planners, officials from State departments of transportation and economic develop- ment, business leaders, and other stakeholders in de- veloping public-private partnerships to enhance their transportation systems; and ‘‘(3) promote the leveraging of regional transpor- tation planning with regional economic and business development planning to assure that appropriate transportation systems are created. ‘‘(c) PROGRAM ADMINISTRATION.—To carry out this section, the Secretary [of Transportation] shall make a grant to, or enter into a cooperative agreement or con- tract with the National Association of Development Or- ganizations. ‘‘(d) FUNDING.— ‘‘(1) IN GENERAL.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $625,000 shall be available for each of fiscal years 2006 through 2009 to carry out this section. ‘‘(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this sub- section shall be 100 percent.’’ TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM Pub. L. 109–59, title V, § 5505, Aug. 10, 2005, 119 Stat. 1822, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary [of Transportation] may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs. ‘‘(2) PARTNERSHIP.—The Secretary may establish the program in partnership with appropriate non- governmental institutions. ‘‘(b) PARTICIPATION.—An operating administration of the Department and the Office of Inspector General may participate in the scholarship program. ‘‘(c) FUNDING.—Notwithstanding any other provision of law, the Secretary [of Transportation] may use funds available to an operating administration or from the Office of Inspector General of the Department for the purpose of carrying out this section.’’ § 505. State planning and research (a) GENERAL RULE.—Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under paragraphs (1) through (5) of section 104(b) shall be available for expenditure by the State, in consultation with the Secretary, only for the following pur- poses: (1) Engineering and economic surveys and investigations. (2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135. (3) Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167. (4) Studies of the economy, safety, and con- venience of surface transportation systems and the desirable regulation and equitable tax- ation of such systems. (5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, man- agement, and maintenance of highway, public transportation, and intermodal transportation systems. (6) Study, research, and training on the engi- neering standards and construction materials for transportation systems described in para- graph (5), including the evaluation and accred- itation of inspection and testing and the regu- lation and taxation of their use. (7) The conduct of activities relating to the planning of real-time monitoring elements. (b) MINIMUM EXPENDITURES ON RESEARCH, DE- VELOPMENT, AND TECHNOLOGY TRANSFER ACTIVI- TIES.— (1) IN GENERAL.—Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems. (2) WAIVERS.—The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total ex- penditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certifi- cation. (3) NONAPPLICABILITY OF ASSESSMENT.— Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638). (c) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM FINDINGS AND RE- SULTS.— (1) FUNDS.—A State shall make available to the Secretary to carry out section 503(c)(2)(C) a percentage of funds subject to subsection (a) that are apportioned to that State, that is agreed to by 3⁄4 of States for each of fiscal years 2013 and 2014. (2) TREATMENT OF FUNDS.—Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Busi- ness Act (15 U.S.C. 638). Page 458 TITLE 23—HIGHWAYS [§§ 506, 507 (d) FEDERAL SHARE.—The Federal share of the cost of a project carried out using funds subject to subsection (a) shall be 80 percent unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non- Federal share. (e) ADMINISTRATION OF SUMS.—Funds subject to subsection (a) shall be combined and adminis- tered by the Secretary as a single fund and shall be available for obligation for the period de- scribed in section 118(b). (Added Pub. L. 105–178, title V, § 5105, June 9, 1998, 112 Stat. 432; amended Pub. L. 109–59, title V, § 5205, Aug. 10, 2005, 119 Stat. 1795; Pub. L. 112–141, div. E, title II, § 52005, July 6, 2012, 126 Stat. 882; Pub. L. 114–94, div. A, title I, § 1104(e)(6), Dec. 4, 2015, 129 Stat. 1332.) Editorial Notes PRIOR PROVISIONS A prior section 505, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 831, related to highway relocation assist- ance payments, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94 substituted ‘‘through (5)’’ for ‘‘through (4)’’ in introductory provisions. 2012—Subsec. (a). Pub. L. 112–141, § 52005(1)(A), sub- stituted ‘‘paragraphs (1) through (4) of section 104(b)’’ for ‘‘section 104 (other than sections 104(f) and 104(h)) and under section 144’’ in introductory provisions. Subsec. (a)(3). Pub. L. 112–141, § 52005(1)(B), sub- stituted ‘‘, plans, and processes under sections 119, 148, 149, and 167’’ for ‘‘under section 303’’. Subsecs. (c), (d). Pub. L. 112–141, § 52005(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 112–141, § 52005(2), (4), redesignated subsec. (d) as (e) and substituted ‘‘section 118(b)’’ for ‘‘section 118(b)(2)’’. 2005—Subsec. (a)(7). Pub. L. 109–59, § 5205(1), added par. (7). Subsec. (d). Pub. L. 109–59, § 5205(2), substituted ‘‘for the period described in section 118(b)(2)’’ for ‘‘for the same period as funds apportioned under section 104(b)(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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. ALASKA HIGHWAY STUDY Pub. L. 87–866, § 13, Oct. 23, 1962, 76 Stat. 1149, as amended by Pub. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that: ‘‘(a) The Secretary of Transportation, in cooperation with the State of Alaska, is hereby authorized to make engineering studies and estimates and planning surveys relative to a highway construction program for the State of Alaska, and, in accordance with treaties or other agreements to be negotiated with Canada by the Secretary of State in consultation with the Secretary of Transportation, engineering studies, estimates, and planning surveys relative to connecting Alaskan roads with Canadian roads at the International boundary. ‘‘(b) On or before May 15, 1964, the Secretary of Trans- portation shall submit a report to the Congress which shall include— ‘‘(1) an analysis of the adequacy of the Federal-aid highway program to provide for a satisfactory pro- gram in both the populated and the undeveloped areas in Alaska; ‘‘(2) specific recommendations as to the construc- tion of roads through undeveloped areas of Alaska and connection of such roads with Canadian roads at the International boundary; and ‘‘(3) a feasible program for implementing such spe- cific recommendations, including cost estimates, rec- ommendations as to the sharing of cost responsibil- ities, and other pertinent matters. ‘‘(c) From time to time, either before or after submis- sion of the report provided for in subsection (b) of this section, the Secretary of Transportation may submit recommendations to the Congress with respect to the construction of particular highways to carry out the purposes of this section. ‘‘(d) Nothing in this section shall be construed as cre- ating any obligation in the Congress, express or im- plied, to carry out the recommendations referred to in subsections (b) and (c). ‘‘(e) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appro- priated, to be available until expended, the sum of $800,000 for the purpose of making the studies, surveys, and report authorized by subsections (a) and (b) here- of.’’ [§§ 506, 507. Repealed. Pub. L. 112–141, div. E, title II, §§ 52006(a), 52007(a), July 6, 2012, 126 Stat. 882] Section 506, added Pub. L. 105–178, title V, § 5106, June 9, 1998, 112 Stat. 433; amended Pub. L. 109–59, title V, § 5206(a), Aug. 10, 2005, 119 Stat. 1795, related to inter- national highway transportation outreach program. A prior section 506, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 832; amended Pub. L. 91–605, title I, § 137, Dec. 31, 1970, 84 Stat. 1735, related to replacement hous- ing, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. Section 507, added Pub. L. 105–178, title V, § 5107, June 9, 1998, 112 Stat. 434; amended Pub. L. 109–59, title V, § 5207(a), Aug. 10, 2005, 119 Stat. 1797, related to surface transportation-environmental cooperative research program. A prior section 507, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 832, related to expenses incidental to transfer of property, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. [§ 508. Repealed. Pub. L. 114–94, div. A, title VI, § 6019(d)(1)(A), Dec. 4, 2015, 129 Stat. 1581] Section, added Pub. L. 105–178, title V, § 5108, June 9, 1998, 112 Stat. 435; amended Pub. L. 109–59, title V, § 5208(a), Aug. 10, 2005, 119 Stat. 1798; Pub. L. 112–141, div. E, title II, § 52013, July 6, 2012, 126 Stat. 897, related to transportation research and development strategic planning. A prior section 508, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 833, related to highway relocation serv- ices, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.