23 U.S.C. § 308 — Cooperation with Federal and State agen-

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- imum 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 government and private mapping and surveying activities, including— (1) preparation of standards and specifica- tions; (2) research in surveying and mapping in- strumentation and procedures and technology transfer to the private sector; (3) providing technical guidance, coordina- tion, 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. (c) IMPLEMENTATION.—The Secretary shall de- velop a process for the oversight and moni- toring, on an annual basis, of the compliance of each State with the guidance issued under sub- section (b). (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 104–59, title III, § 321, Nov. 28, 1995, 109 Stat. 590; Pub. L. 112–141, div. A, title I, § 1517(a), July 6, 2012, 126 Stat. 574.) Editorial Notes AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 1517(a)(1), sub- stituted ‘‘shall’’ for ‘‘may’’. Subsec. (b). Pub. L. 112–141, § 1517(a)(2), substituted ‘‘State government and’’ for ‘‘State and’’ in introduc- tory provisions. Subsec. (c). Pub. L. 112–141, § 1517(a)(3), added subsec. (c). 1995—Pub. L. 104–59 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. [§ 307. Repealed. Pub. L. 105–178, title V, § 5119(b), June 9, 1998, 112 Stat. 452] 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. Statutory Notes and Related Subsidiaries 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 provi- sions 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 re- peal 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. § 308. Cooperation with Federal and State agen- cies and foreign countries (a) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—The Secretary may per- form, by contract or otherwise, authorized en- gineering or other services in connection with the survey, construction, maintenance, or im- provement of highways for other Federal agen- cies, cooperating foreign countries, and State cooperating agencies. (2) INCLUSIONS.—Services authorized under paragraph (1) may include activities author- Page 351 TITLE 23—HIGHWAYS § 310 ized under section 214 of the Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970. (3) REIMBURSEMENT.—Reimbursement for services carried out under this subsection (in- cluding depreciation on engineering and road- building equipment) shall be credited to the applicable appropriation. (4) ALTERNATIVE CONTRACTING METHODS.— (A) IN GENERAL.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing serv- ices under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B) METHODS DESCRIBED.—The contracting methods referred to in subparagraph (A) shall include, at a minimum— (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program re- lating to contracting methods carried out by the Secretary. (b) Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the pro- curement, care, and handling of supplies, mate- rials, 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. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), Aug. 13, 1973, 87 Stat. 276; Pub. L. 112–141, div. A, title I, § 1521(f), July 6, 2012, 126 Stat. 579; Pub. L. 117–58, div. A, title I, § 11305(b), Nov. 15, 2021, 135 Stat. 532.) Editorial Notes REFERENCES IN TEXT Section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to section 4634 of Title 42, The Public Health and Welfare. AMENDMENTS 2021—Subsec. (a)(4). Pub. L. 117–58 added par. (4). 2012—Subsec. (a). Pub. L. 112–141 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Secretary is authorized to perform by contract or otherwise, authorized engineering or other services in connection with the survey, construction, mainte- nance, or improvement of highways for other Govern- ment agencies, cooperating foreign countries, and State cooperating agencies, and reimbursement for such services, which may include depreciation on engi- neering and roadbuilding equipment used, shall be cred- ited to the appropriation concerned.’’ 1973—Subsec. (b). Pub. L. 93–87 substituted ‘‘Federal Highway Administration’’ for ‘‘Bureau of Public Roads’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–141, div. A, title I, § 1521(g), July 6, 2012, 126 Stat. 579, provided that: ‘‘(1) In general.—Except as provided in paragraph (2), the amendments made by this section [enacting section 4634 of Title 42, The Public Health and Welfare, and amending this section and sections 4622 to 4624 and 4633 of Title 42] shall take effect on the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amend- ment notes under section 101 of this title]. ‘‘(2) Exception.—The amendments made by sub- sections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of en- actment of this Act.’’ [§ 309. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), Aug. 13, 1973, 87 Stat. 276, re- lated to cooperation with other American Republics. 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. § 310. Civil defense In order to assure that adequate consideration is given to civil defense aspects in the planning and construction of highways constructed or re- constructed 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 con- structed or reconstructed. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(3), Aug. 13, 1973, 87 Stat. 276.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–87 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of Commerce’’. Executive Documents TRANSFER OF FUNCTIONS Office of Federal Civil Defense Administrator, re- ferred to in text, abolished and functions thereof trans- ferred 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 func- tions transferred to Secretary of Defense by Executive Order No. 10952 of July 20, 1961, formerly set out as a note under section 2271 of the former Appendix to Title 50, War and National Defense, and remaining functions redesignated Office of Emergency Planning by act Sept.