23 U.S.C. § 508 — Untitled legal text

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. Page 459 TITLE 23—HIGHWAYS § 510 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. [§ 509. Repealed. Pub. L. 112–141, div. E, title II, § 52008(a), July 6, 2012, 126 Stat. 882] Section, added Pub. L. 109–59, title V, § 5209(a), Aug. 10, 2005, 119 Stat. 1800, related to national cooperative freight transportation research program. A prior section 509, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 833, related to relocation assistance pro- grams on Federal highway projects, 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. § 510. Future strategic highway research pro- gram (a) ESTABLISHMENT.—The Secretary, in con- sultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Acad- emy of Sciences, the future strategic highway research program. (b) COOPERATIVE AGREEMENTS.—The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Sec- retary determines are appropriate. (c) PROGRAM PRIORITIES.— (1) PROGRAM ELEMENTS.—The program estab- lished under this section shall be based on the National Research Council Special Report 260, entitled ‘‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Qual- ity of Life’’ and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20–58. The research program shall in- clude an analysis of the following: (A) Renewal of aging highway infrastruc- ture with minimal impact to users of the fa- cilities. (B) Driving behavior and likely crash caus- al factors to support improved counter- measures. (C) Reducing highway congestion due to nonrecurring congestion. (D) Planning and designing new road ca- pacity to meet mobility, economic, environ- mental, and community needs. (2) DISSEMINATION OF RESULTS.—The research results of the program, expressed in terms of technologies, methodologies, and other appro- priate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable. (d) PROGRAM ADMINISTRATION.—In carrying out the program under this section, the National Re- search Council shall ensure, to the maximum ex- tent practicable, that— (1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts; (2) State department of transportation offi- cials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees; (3) the Council acquires a qualified, perma- nent core staff with the ability and expertise to manage the program and multiyear budget; and (4) there is no duplication of research effort between the program and any other research effort of the Department. (e) REPORT ON IMPLEMENTATION OF RESULTS.— (1) REPORT.—The Transportation Research Board of the National Research Council shall complete a report on the strategies and ad- ministrative structure to be used for imple- mentation of the results of the future stra- tegic highway research program. (2) COMPONENTS.—The report under para- graph (1) shall include with respect to the pro- gram— (A) an identification of the most promising results of research under the program (in- cluding the persons most likely to use the results); (B) a discussion of potential incentives for, impediments to, and methods of, imple- menting those results; (C) an estimate of costs of implementation of those results; and (D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in fu- ture years, including a discussion of the ad- ministrative structure and organization best suited to carry out those recommendations. (3) CONSULTATION.—In developing the report, the Transportation Research Board shall con- sult with a wide variety of stakeholders, in- cluding— (A) the Federal Highway Administration; (B) the National Highway Traffic Safety Administration; and (C) the American Association of State Highway and Transportation Officials. (4) SUBMISSION.—Not later than February 1, 2009, the report shall be submitted to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives. (f) FUNDING.— (1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using amounts made available under a grant or co- operative agreement under this section shall be 100 percent, and such funds shall remain available until expended. (2) ADVANCE PAYMENTS.—The Secretary may make advance payments as necessary to carry out the program under this section.