23 U.S.C. § 315 — Rules, regulations, and recommendations

Page 354 TITLE 23—HIGHWAYS § 314 Pub. L. 115–31, div. K, title I, § 123, May 5, 2017, 131 Stat. 741. Pub. L. 114–113, div. L, title I, § 122, Dec. 18, 2015, 129 Stat. 2847. Pub. L. 113–235, div. K, title I, § 122, Dec. 16, 2014, 128 Stat. 2708. Pub. L. 113–76, div. L, title I, § 122, Jan. 17, 2014, 128 Stat. 586. Pub. L. 112–55, div. C, title I, § 122, Nov. 18, 2011, 125 Stat. 654. Pub. L. 111–117, div. A, title I, § 123, Dec. 16, 2009, 123 Stat. 3048. Pub. L. 111–8, div. I, title I, § 126, Mar. 11, 2009, 123 Stat. 928. Pub. L. 110–161, div. K, title I, § 130, Dec. 26, 2007, 121 Stat. 2389. Pub. L. 110–244, title I, § 117, June 6, 2008, 122 Stat. 1607, provided that: ‘‘(a) WAIVER NOTIFICATION.— ‘‘(1) IN GENERAL.—If the Secretary of Transpor- tation makes a finding under section 313(b) of title 23, United States Code, with respect to a project, the Secretary shall— ‘‘(A) publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; and ‘‘(B) provide notice of such finding and an oppor- tunity for public comment on such finding for a pe- riod of not to exceed 60 days. ‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in paragraph (1) shall be construed to require the effective date of a finding referred to in para- graph (1) to be delayed until after the close of the public comment period referred to in paragraph (1)(B). ‘‘(b) ANNUAL REPORTS.—Not later than February 1 of each year beginning after the date of enactment of this Act [June 6, 2008], the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a report on the projects for which the Secretary made findings under section 313(b) of title 23, United States Code, dur- ing the preceding calendar year and the justifications for such findings.’’ § 314. Relief of employees in hazardous work 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 re- lief of employees of the Federal Highway Admin- istration engaged in hazardous work. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 93–87, title I, § 152(5), (6), Aug. 13, 1973, 87 Stat. 276.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–87 substituted ‘‘Department of Trans- portation’’ for ‘‘Department of Commerce’’ and ‘‘Fed- eral Highway Administration’’ for ‘‘Bureau of Public Roads’’. § 315. Rules, regulations, and recommendations Except as provided in sections 202(a)(5), 203(a)(3), and 205(a) of this title, the Secretary is authorized to prescribe and promulgate all need- ful 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. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 100–17, title I, § 133(b)(18), Apr. 2, 1987, 101 Stat. 172; Pub. L. 105–178, title I, § 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1119(c)(3), July 6, 2012, 126 Stat. 492.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘202(a)(5), 203(a)(3),’’ for ‘‘204(f)’’. 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation 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 sub- stituting ‘‘204(f) and 205(a)’’ for ‘‘204(d), 205(a), 206(b), 207(b), and 208(c)’’, to reflect the probable intent of Con- gress. 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. § 316. Consent by United States to conveyance of property 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 transpor- tation 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. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation department’’ for ‘‘State highway department’’. § 317. Appropriation for highway purposes of lands or interests in lands owned by the United States (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 appro- priate. (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 pro- posed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or mate-