23 U.S.C. § 309 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 309: Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Status: repealed

[§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 Repealed.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, related 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.
23 U.S.C. § 514 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 514: Goals and purposes
Goals and purposes
Status: in_force

(a) Goals.—The goals of the intelligent transportation system program include—

(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users;

(2) achievement of national transportation safety goals, including enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to collisions, with particular emphasis on decreasing the number and severity of collisions;

(3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals;

(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities);

(5) enhancement of national defense mobility and improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters; and

(6) enhancement of the national freight system and support to national freight policy goals.

(b) Purposes.—The Secretary shall implement activities under the intelligent transportation system program, at a minimum—

(1) to expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation;

(2) to ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process;

(3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment;

(4) to promote the innovative use of private resources in support of intelligent transportation system development;

(5) to facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems;

(6) to support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations;

(7) to develop a workforce capable of developing, operating, and maintaining intelligent transportation systems;

(8) to provide continuing support for operations and maintenance of intelligent transportation systems;

(9) to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users; and

(10) to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles.

(Added Pub. L. 112–141, div. E, title III, §53002(a), July 6, 2012, 126 Stat. 898; amended Pub. L. 114–94, div. A, title VI, §§6005, 6006, Dec. 4, 2015, 129 Stat. 1567.)

Editorial Notes

Amendments

2015—Subsec. (a)(6). Pub. L. 114–94, §6005, added par. (6).

Subsec. (b)(10). Pub. L. 114–94, §6006, added par. (10).

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

Section 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.
23 U.S.C. § 126 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 126: Transferability of Federal-aid highway funds
Transferability of Federal-aid highway funds
Status: in_force

(a) In General.—Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.

(b) Application to Certain Set-asides.—

(1) In general.—Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.

(2) Funds transferred by states.—Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year—

(A) may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and

(B) may only be transferred if the Secretary certifies that the State—

(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;

(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and

(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.

(Added Pub. L. 105–178, title I, §1310(a), June 9, 1998, 112 Stat. 234, §110; renumbered §126, Pub. L. 106–159, title I, §102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109–59, title I, §1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, §1509(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, 1437; Pub. L. 117–58, div. A, title I, §11109(b)(2), Nov. 15, 2021, 135 Stat. 468.)

Editorial Notes

Prior Provisions

A prior section 126, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 93–87, title I, §152(3), Aug. 13, 1973, 87 Stat. 276, related to providing Federal aid for highway construction only to States that used at least amounts provided by law on June 18, 1934, for such purposes, prior to repeal by Pub. L. 105–178, title I, §1226(d), as added by Pub. L. 105–206, title IX, §9003(a), July 22, 1998, 112 Stat. 837.

Amendments

2021—Subsec. (b)(2). Pub. L. 117–58, §11109(b)(2)(A), (B), which directed substitution of "set aside for a State under section 133(h) for a fiscal year—

"(A) may"

for "reserved for a State under section 133(h) for a fiscal year may", was executed by making the substitution for "reserved for the State under section 133(h) for a fiscal year may" to reflect the probable intent of Congress.

Subsec. (b)(2)(B). Pub. L. 117–58, §11109(b)(2)(A), (C), added subpar. (B).

2015—Subsec. (b)(1). Pub. L. 114–94, §1446(a)(2), substituted "133(d)(1)(A)" for "133(d)".

Subsec. (b)(2). Pub. L. 114–94, §1109(c)(1), substituted "for the State under section 133(h)" for "for the State under section 213" and "of the State under section 133(h)" for "of the State under section 213(c)(1)(B)".

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to uniform transferability of Federal-aid highway funds.

2005—Subsec. (a). Pub. L. 109–59, which directed insertion of "under" after "State's apportionment", was executed by making the insertion after "State's apportionment" the second place it appeared, to reflect the probable intent of Congress.

1999—Pub. L. 106–159 renumbered section 110 of this title as this section.

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 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 Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
23 U.S.C. § 308 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 308: Cooperation with Federal and State agencies and foreign countries
Cooperation with Federal and State agencies and foreign countries
Status: in_force

(a) Authorized Activities.—

(1) In general.—The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.

(2) Inclusions.—Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(3) Reimbursement.—Reimbursement for services carried out under this subsection (including 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 services 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 relating 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 procurement, care, and handling of supplies, materials, 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, maintenance, or improvement of highways for other Government agencies, cooperating foreign countries, and State cooperating agencies, and reimbursement for such services, which may include depreciation on engineering and roadbuilding equipment used, shall be credited 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 Amendment notes under section 101 of this title].

"(2) Exception.—The amendments made by subsections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of enactment of this Act."
23 U.S.C. § 209 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 209: Repealed. Pub. L. 97-424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115
Repealed. Pub. L. 97-424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115
Status: repealed

[§209. Repealed. Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115]

Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 88–423, §4(b), Aug. 13, 1964, 78 Stat. 397, provided for use of funds for construction and maintenance of public lands highways, cooperation with State agencies, the application of section 112 of this title to public lands highways, and for use of such funds for adjacent ancillary facilities and services.
23 U.S.C. § 509 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 509: Repealed. Pub. L. 112-141, div. E, title II, §52008(a), July 6, 2012, 126 Stat. 882
Repealed. Pub. L. 112-141, div. E, title II, §52008(a), July 6, 2012, 126 Stat. 882
Status: repealed

[§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 programs 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.
23 U.S.C. § 501 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 501: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Federal laboratory.—The term "Federal laboratory" includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory.

(2) Incident.—The term "incident" means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic.

(3) Innovation lifecycle.—The term "innovation lifecycle" means the process of innovating through—

(A) the identification of a need;

(B) the establishment of the scope of research to address that need;

(C) setting an agenda;

(D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and

(E) carrying out an evaluation of the costs and benefits of the resulting technology or innovation.

(4) Intelligent transportation infrastructure.—The term "intelligent transportation infrastructure" means fully integrated public sector intelligent transportation system components, as defined by the Secretary.

(5) Intelligent transportation system.—The terms "intelligent transportation system" and "ITS" mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system.

(6) National architecture.—For purposes of this chapter, the term "national architecture" means the common framework for interoperability that defines—

(A) the functions associated with intelligent transportation system user services;

(B) the physical entities or subsystems within which the functions reside;

(C) the data interfaces and information flows between physical subsystems; and

(D) the communications requirements associated with the information flows.

(7) Project.—The term "project" means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter.

(8) Safety.—The term "safety" includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured.

(9) Standard.—The term "standard" means a document that—

(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and

(B) may support the national architecture and promote—

(i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and

(ii) interoperability among intelligent transportation system technologies implemented throughout the States.

(Added Pub. L. 105–178, title V, §5101(2), June 9, 1998, 112 Stat. 422; amended Pub. L. 112–141, div. E, title II, §52001, July 6, 2012, 126 Stat. 865.)

Prior Provisions

A prior section 501, added Pub. L. 90–495, §30, Aug. 23, 1968, 82 Stat. 830, related to declaration of policy as to highway relocation assistance, prior to repeal by Pub. L. 91–646, title II, §220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

Editorial Notes

Amendments

2012—Pars. (2) to (9). Pub. L. 112–141 added pars. (2) to (7), redesignated former par. (2) as (8), and added par. (9).

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 Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Authorization of Appropriations

Pub. L. 114–94, div. A, title VI, §6002, Dec. 4, 2015, 129 Stat. 1561, provided that:

"(a) In General.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

"(1) Highway research and development program.—To carry out section 503(b) of title 23, United States Code, $125,000,000 for each of fiscal years 2016 through 2020.

"(2) Technology and innovation deployment program.—To carry out section 503(c) of title 23, United States Code—

"(A) $67,000,000 for fiscal year 2016;

"(B) $67,500,000 for fiscal year 2017;

"(C) $67,500,000 for fiscal year 2018;

"(D) $67,500,000 for fiscal year 2019; and

"(E) $67,500,000 for fiscal year 2020.

"(3) Training and education.—To carry out section 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2016 through 2020.

"(4) Intelligent transportation systems program.—To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2016 through 2020.

"(5) University transportation centers program.—To carry out section 5505 of title 49, United States Code—

"(A) $72,500,000 for fiscal year 2016;

"(B) $75,000,000 for fiscal year 2017;

"(C) $75,000,000 for fiscal year 2018;

"(D) $77,500,000 for fiscal year 2019; and

"(E) $77,500,000 for fiscal year 2020.

"(6) Bureau of transportation statistics.—To carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2016 through 2020.

"(b) Administration.—The Federal Highway Administration shall—

"(1) administer the programs described in paragraphs (1), (2), and (3) of subsection (a); and

"(2) in consultation with relevant modal administrations, administer the programs described in subsection (a)(4).

"(c) Applicability of Title 23, United States Code.—Funds authorized to be appropriated by subsection (a) shall—

"(1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act [div. A of Pub. L. 114–94, see Tables for classification] (including the amendments by this Act) or otherwise determined by the Secretary [of Transportation]; and

"(2) remain available until expended and not be transferable, except as otherwise provided in this Act."
23 U.S.C. § 302 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 302: State transportation department
State transportation department
Status: in_force

(a) Any State desiring to avail itself of the provisions of this title shall have a State transportation department which shall have adequate powers, and be suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by this title. In meeting the provisions of this subsection, a State may engage, to the extent necessary or desirable, the services of private engineering firms.

(b) Effect of Compliance.—Compliance with subsection (a) shall have no effect on the eligibility of costs.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 89–574, §11, Sept. 13, 1966, 80 Stat. 770; Pub. L. 105–178, title I, §1212(a)(1), (2)(A)(i), (B)(ii), June 9, 1998, 112 Stat. 193.)

Editorial Notes

Amendments

1998—Pub. L. 105–178, §1212(a)(2)(B)(ii), substituted "State transportation department" for "State highway department" in section catchline.

Subsec. (a). Pub. L. 105–178, §1212(a)(1)(A), (2)(A)(i), substituted "State transportation department" for "State highway department" and struck out after first sentence "Among other things, the organization shall include a secondary road unit."

Subsec. (b). Pub. L. 105–178, §1212(a)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: "The State highway department may arrange with a county or group of counties for competent highway engineering personnel suitably organized and equipped to the satisfaction of the State highway department, to supervise construction and maintenance on a county-unit or group-unit basis, for the construction of projects on the Federal-aid secondary system, financed with secondary funds, and for the maintenance thereof."
23 U.S.C. § 318 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 318: Highway relocation due to airport
Highway relocation due to airport
Status: in_force

Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or extended after December 20, 1944, or for the reconstruction or relocation of any highway which has been or may be closed or the usefulness of which has been may be impaired by the location or construction of any airport constructed or extended after December 20, 1944, unless, prior to such construction or extension, as the case may be, the State transportation department and the Secretary have concurred with the officials in charge of the airport that the location of such airport or extension thereof and the consequent reconstruction or relocation of the highway are in the public interest.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; 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 transportation department" for "State highway department".
23 U.S.C. § 410 (2024) — Title 23: HIGHWAYS / Chapter 4: HIGHWAY SAFETY / Section 410: Repealed. Pub. L. 112-141, div. C, title I, §31109(e), (f), July 6, 2012, 126 Stat. 757
Repealed. Pub. L. 112-141, div. C, title I, §31109(e), (f), July 6, 2012, 126 Stat. 757
Status: repealed

[§§410, 411. Repealed. Pub. L. 112–141, div. C, title I, §31109(e), (f), July 6, 2012, 126 Stat. 757]

Section 410, added Pub. L. 100–690, title IX, §9002(a), Nov. 18, 1988, 102 Stat. 4521; amended Pub. L. 101–516, title III, §336, Nov. 5, 1990, 104 Stat. 2186; Pub. L. 102–240, title II, §2004(a), Dec. 18, 1991, 105 Stat. 2073; Pub. L. 102–388, title VI, §§601–606, Oct. 6, 1992, 106 Stat. 1569, 1570; Pub. L. 104–59, title III, §324, Nov. 28, 1995, 109 Stat. 591; Pub. L. 105–18, title II, §8003, June 12, 1997, 111 Stat. 195; Pub. L. 105–130, §6(b), Dec. 1, 1997, 111 Stat. 2558; Pub. L. 105–178, title II, §2004(a), June 9, 1998, 112 Stat. 328; Pub. L. 108–88, §6(e)(1), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108–310, §6(e)(1), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–59, title II, §2007(a), (b), Aug. 10, 2005, 119 Stat. 1529; Pub. L. 110–244, title III, §303(c)(2), (3), June 6, 2008, 122 Stat. 1619; Pub. L. 111–147, title IV, §421(f)(1), Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I, §121(f)(1), Sept. 16, 2011, 125 Stat. 347, related to alcohol-impaired driving countermeasures.

Section 411, added Pub. L. 105–178, title II, §2005(a), June 9, 1998, 112 Stat. 332; amended Pub. L. 110–244, title III, §303(c)(4), June 6, 2008, 122 Stat. 1619, related to State highway safety data improvements.

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.

Repeal of Programs

Pub. L. 112–141, div. C, title I, §31109(a), July 6, 2012, 126 Stat. 756, provided that: "A repeal made by this section [repealing sections 406 to 408, 410, and 411 of this title and repealing provisions set out as notes under sections 402, 403, and 405 of this title] shall not affect amounts apportioned or allocated before the effective date of such repeal [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], provided that such apportioned or allocated funds continue to be subject to the requirements to which such funds were subject under the repealed section as in effect on the day before the date of the repeal."
23 U.S.C. § 324 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 324: Prohibition of discrimination on the basis of sex
Prohibition of discrimination on the basis of sex
Status: in_force

No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

(Added Pub. L. 93–87, title I, §162(a), Aug. 13, 1973, 87 Stat. 280.)

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000d of Title 42 and Tables.
23 U.S.C. § 321 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 321: Signs identifying funding sources
Signs identifying funding sources
Status: in_force

If a State has a practice of erecting on projects under actual construction without Federal-aid highway assistance signs which indicate the source or sources of any funds used to carry out such projects, such State shall erect on all projects under actual construction with any funds made available out of the Highway Trust Fund (other than the Mass Transit Account) signs which are visible to highway users and which indicate each governmental source of funds being used to carry out such federally assisted projects and the amount of funds being made available by each such source.

(Added Pub. L. 109–59, title I, §1901(a), Aug. 10, 2005, 119 Stat. 1464.)

Editorial Notes

Codification

Section, as added by Pub. L. 109–59, consists of text of Pub. L. 100–17, title I, §154, Apr. 2, 1987, 101 Stat. 209, which was formerly set out as a note under section 101 of this title, and was repealed by Pub. L. 109–59, title I, §1901(c), Aug. 10, 2005, 119 Stat. 1464.

Prior Provisions

A prior section 321, added Pub. L. 91–605, title I, §115(a), Dec. 31, 1970, 84 Stat. 1723; amended Pub. L. 96–106, §11, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, §131, Apr. 2, 1987, 101 Stat. 170; Pub. L. 102–240, title VI, §6002, Dec. 18, 1991, 105 Stat. 2166; Pub. L. 105–130, §5(e)(3), Dec. 1, 1997, 111 Stat. 2557, related to National Highway Institute, prior to repeal by Pub. L. 105–178, title V, §5119(b), June 9, 1998, 112 Stat. 452.
23 U.S.C. § 156 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 156: Proceeds from the sale or lease of real property
Proceeds from the sale or lease of real property
Status: in_force

(a) Minimum Charge.—Subject to section 142(f), a State shall charge, at a minimum, fair market value for the sale, use, lease, or lease renewal (other than for utility use and occupancy or for a transportation project eligible for assistance under this title) of real property acquired with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account).

(b) Exceptions.—The Secretary may grant an exception to the requirement of subsection (a) for a social, environmental, or economic purpose.

(c) Use of Federal Share of Income.—The Federal share of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under this title.

(Added Pub. L. 100–17, title I, §126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102–240, title I, §1027(f), Dec. 18, 1991, 105 Stat. 1967; Pub. L. 105–178, title I, §1303(a), June 9, 1998, 112 Stat. 227.)

Editorial Notes

Prior Provisions

A prior section 156, added Pub. L. 94–280, title I, §132(a), May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or reconstruct any public highway or highway bridge across any Federal public works project, specified conditions under which such work may be done, and authorized appropriations for such work of $100,000,000 to be available in the fiscal year in which appropriated and for the two succeeding fiscal years, prior to repeal by Pub. L. 100–17, title I, §126(a), Apr. 2, 1987, 101 Stat. 167.

Amendments

1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: "Subject to section 142(f), States shall charge, as a minimum, fair market value, with exceptions granted at the discretion of the Secretary for social, environmental, and economic mitigation purposes, for the sale, use, lease, or lease renewals (other than for utility use and occupancy or for transportation projects eligible for assistance under this title) of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). This section applies to new airspace usage proposals, renewals of prior agreements, arrangements, or leases entered into by the State after the date of the enactment of the Federal-Aid Highway Act of 1987. The Federal share of net income from the revenues obtained by the State for sales, uses, or leases (including lease renewals) under this section shall be used by the State for projects eligible under this title."

1991—Pub. L. 102–240 substituted "Subject to section 142(f), States shall" for "States shall".

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
23 U.S.C. § 110 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 110: Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Status: repealed

[§110. Repealed. Pub. L. 112–141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575]

Section, added and amended Pub. L. 105–178, title I, §1105(a), (c), June 9, 1998, 112 Stat. 130; Pub. L. 105–206, title IX, §9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106–113, div. B, §1000(a)(5) [title III, §304], Nov. 29, 1999, 113 Stat. 1536, 1501A–306; Pub. L. 106–159, title I, §102(a)(2), Dec. 9, 1999, 113 Stat. 1752; Pub. L. 109–59, title I, §1105(a)–(e), Aug. 10, 2005, 119 Stat. 1165, 1166, related to revenue aligned budget authority.

Another section 110 was renumbered section 126 of this title.

A prior section 110, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894, related to project agreements, prior to repeal by Pub. L. 105–178, title I, §1105(a), June 9, 1998, 112 Stat. 130.

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.
23 U.S.C. § 506 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 506: Repealed. Pub. L. 112-141, div. E, title II, §§52006(a), 52007(a), July 6, 2012, 126 Stat. 882
Repealed. Pub. L. 112-141, div. E, title II, §§52006(a), 52007(a), July 6, 2012, 126 Stat. 882
Status: repealed

[§§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 international 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 housing, 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.
23 U.S.C. § 518 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 518: Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment
Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment
Status: in_force

(a) In General.—Not later than July 6, 2016, the Secretary shall make available to the public on a Department of Transportation website a report that—

(1) assesses the status of dedicated short-range communications technology and applications developed through research and development;

(2) analyzes the known and potential gaps in short-range communications technology and applications;

(3) defines a recommended implementation path for dedicated short-range communications technology and applications that—

(A) is based on the assessment described in paragraph (1); and

(B) takes into account the analysis described in paragraph (2);

(4) includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the National ITS Architecture and ITS Standards; and

(5) ensures competition by not preferencing the use of any particular frequency for vehicle to infrastructure operations.

(b) Report Review.—The Secretary shall enter into agreements with the National Research Council and an independent third party with subject matter expertise for the review of the report described in subsection (a).

(Added Pub. L. 112–141, div. E, title III, §53006(a), July 6, 2012, 126 Stat. 904; amended Pub. L. 114–94, div. A, title VI, §6009, Dec. 4, 2015, 129 Stat. 1567.)

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–94, in introductory provisions, substituted "Not later than July 6, 2016, the Secretary shall make available to the public on a Department of Transportation website a report" for "Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Science, Space, and Technology of the House of Representatives".

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

Section 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.
23 U.S.C. § 301 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 301: Freedom from tolls
Freedom from tolls
Status: in_force

Except as provided in section 129 of this title with respect to certain toll bridges and toll tunnels, all highways constructed under the provisions of this title shall be free from tolls of all kinds.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912.)
23 U.S.C. § 315 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 315: Rules, regulations, and recommendations
Rules, regulations, and recommendations
Status: in_force

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 needful 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 transportation 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 substituting "204(f) and 205(a)" for "204(d), 205(a), 206(b), 207(b), and 208(c)", to reflect the probable intent of Congress.

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 Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
23 U.S.C. § 214 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 214: Repealed. Pub. L. 112-141, div. A, title I, §1119(b), July 6, 2012, 126 Stat. 491
Repealed. Pub. L. 112-141, div. A, title I, §1119(b), July 6, 2012, 126 Stat. 491
Status: repealed

[§214. Repealed. Pub. L. 112–141, div. A, title I, §1119(b), July 6, 2012, 126 Stat. 491]

Section, added Pub. L. 87–866, §6(b), Oct. 23, 1962, 76 Stat. 1147; amended Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115, related to public lands development roads and trails.

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.
23 U.S.C. § 312 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 312: Detail of Army, Navy, and Air Force officers
Detail of Army, Navy, and Air Force officers
Status: in_force

The Secretary of Defense, upon request of the Secretary, is authorized to make temporary details to the Federal Highway Administration of officers of the Army, the Navy, and the Air Force, without additional compensation, for technical advice and for consultation regarding highway needs for the national defense. Travel and subsistence expenses of officers so detailed shall be paid from appropriations available to the Department of Transportation on the same basis as authorized by law and by regulations of the Department of Defense for such officers.

(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 "Federal Highway Administration" for "Bureau of Public Roads" and "Department of Transportation" for "Department of Commerce".
23 U.S.C. § 215 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 215: Repealed. Pub. L. 112-141, div. A, title I, §1114(b)(2)(A), July 6, 2012, 126 Stat. 468
Repealed. Pub. L. 112-141, div. A, title I, §1114(b)(2)(A), July 6, 2012, 126 Stat. 468
Status: repealed

[§215. Repealed. Pub. L. 112–141, div. A, title I, §1114(b)(2)(A), July 6, 2012, 126 Stat. 468]

Section, added Pub. L. 109–59, title I, §1118(a), Aug. 10, 2005, 119 Stat. 1179, related to territorial highway program.

A prior section 215, added Pub. L. 91–605, title I, §112(a), Dec. 31, 1970, 84 Stat. 1720; amended Pub. L. 95–599, title I, §129(f), Nov. 6, 1978, 92 Stat. 2708; Pub. L. 96–106, §9, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, §133(b)(16), Apr. 2, 1987, 101 Stat. 172, related to territorial highway program, prior to repeal by Pub. L. 109–59, title I, §1118(a), Aug. 10, 2005, 119 Stat. 1179.

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.
23 U.S.C. § 607 (2024) — Title 23: HIGHWAYS / Chapter 6: INFRASTRUCTURE FINANCE / Section 607: Regulations
Regulations
Status: in_force

The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the TIFIA program.

(Added Pub. L. 105–178, title I, §1503(a), June 9, 1998, 112 Stat. 249, §187; renumbered §607 and amended Pub. L. 109–59, title I, §1602(b)(5), (d), Aug. 10, 2005, 119 Stat. 1247; Pub. L. 112–141, div. A, title II, §2002, July 6, 2012, 126 Stat. 620; Pub. L. 114–94, div. A, title II, §2001(f), Dec. 4, 2015, 129 Stat. 1444.)

Editorial Notes

Amendments

2015—Pub. L. 114–94 substituted "the TIFIA program" for "this chapter".

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section read as follows: "The Secretary may issue such regulations as the Secretary determines appropriate to carry out this chapter."

2005—Pub. L. 109–59, §1602(d), renumbered section 187 of this title as this section.

Pub. L. 109–59, §1602(b)(5), substituted "this chapter" for "this subchapter".

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 Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
23 U.S.C. § 407 (2024) — Title 23: HIGHWAYS / Chapter 4: HIGHWAY SAFETY / Section 407: Discovery and admission as evidence of certain reports and surveys
Discovery and admission as evidence of certain reports and surveys
Status: in_force

Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.

(Added Pub. L. 100–17, title I, §132(a), Apr. 2, 1987, 101 Stat. 170, §409; amended Pub. L. 102–240, title I, §1035(a), Dec. 18, 1991, 105 Stat. 1978; Pub. L. 104–59, title III, §323, Nov. 28, 1995, 109 Stat. 591; Pub. L. 109–59, title I, §1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; renumbered §407, Pub. L. 117–58, div. B, title IV, §24101(d)(1)(A), Nov. 15, 2021, 135 Stat. 784.)

Editorial Notes

Prior Provisions

A prior section 407, added Pub. L. 95–599, title II, §208(a), Nov. 6, 1978, 92 Stat. 2732, related to innovative project grants, prior to repeal by Pub. L. 112–141, §3(a), div. C, title I, §31109(c), July 6, 2012, 126 Stat. 413, 756, effective Oct. 1, 2012.

Amendments

2021—Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 409 "and" section 407, was executed by renumbering section 409 as this section as if "and" had read "as", to reflect the probable intent of Congress.
23 U.S.C. § 306 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 306: Mapping
Mapping
Status: in_force

(a) In General.—In carrying out the provisions of this title, the Secretary shall, wherever practicable, authorize the use of photogrammetric methods in mapping, and the utilization of commercial enterprise for such services.

(b) Guidance.—The Secretary shall issue guidance to encourage States to utilize, to the maximum 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 specifications;

(2) research in surveying and mapping instrumentation and procedures and technology transfer to the private sector;

(3) providing technical guidance, coordination, 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 develop a process for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (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), substituted "shall" for "may".

Subsec. (b). Pub. L. 112–141, §1517(a)(2), substituted "State government and" for "State and" in introductory 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 Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
23 U.S.C. § 303 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 303: Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Status: repealed

[§303. Repealed. Pub. L. 112–141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575]

Section, added Pub. L. 102–240, title I, §1034(a), Dec. 18, 1991, 105 Stat. 1977; amended Pub. L. 103–429, §3(8), (9), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, §205(a), Nov. 28, 1995, 109 Stat. 576, related to management systems.

A prior section 303, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 87–392, §1, Oct. 4, 1961, 75 Stat. 822; Pub. L. 88–426, title III, §305(24), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–605, title I, §114(a), Dec. 31, 1970, 84 Stat. 1722; Pub. L. 93–87, title I, §152(4), Aug. 13, 1973, 87 Stat. 276, provided for administrative organization of the Federal Highway Administration, prior to repeal by Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2445. See section 104 of Title 49, Transportation.

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.
23 U.S.C. § 516 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 516: Research and development
Research and development
Status: in_force

(a) In General.—The Secretary shall carry out a comprehensive program of intelligent transportation system research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter.

(b) Priority Areas.—Under the program, the Secretary shall give higher priority to funding projects that—

(1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products;

(2) use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently;

(3) address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems;

(4) incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates;

(5) enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services;

(6) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems, including animal detection systems to reduce the number of wildlife-vehicle collisions; or

(7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies.

(c) Federal Share.—The Federal share payable on account of any project or activity carried out under subsection (a) shall not exceed 80 percent.

(Added Pub. L. 112–141, div. E, title III, §53004(a), July 6, 2012, 126 Stat. 902; amended Pub. L. 117–58, div. A, title III, §13008(b), Nov. 15, 2021, 135 Stat. 641.)

Editorial Notes

Amendments

2021—Subsec. (b)(6). Pub. L. 117–58 inserted ", including animal detection systems to reduce the number of wildlife-vehicle collisions" after "systems".

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

Section 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.
23 U.S.C. § 311 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 311: Highway improvements strategically important to the national defense
Highway improvements strategically important to the national defense
Status: in_force

Funds made available under subsection (a) of section 104 of this title may be used to pay the entire engineering costs of the surveys, plans, specifications, estimates, and supervision of construction of projects for such urgent improvements of highways strategically important from the standpoint of the national defense as may be undertaken on the order of the Secretary and as the result of request of the Secretary of Defense or such other official as the President may designate. With the consent of a State, funds made available under subsection (b) of section 104 of this title may be used to the extent deemed necessary and advisable by the Secretary to carry out the provisions of this section.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915.)

Statutory Notes and Related Subsidiaries

National Defense Highways Located Outside United States

Pub. L. 102–240, title I, §1006(h), Dec. 18, 1991, 105 Stat. 1927, provided that:

"(1) Reconstruction projects.—If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway.

"(2) Funding.—The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended."
23 U.S.C. § 328 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 328: Eligibility for environmental restoration and pollution abatement
Eligibility for environmental restoration and pollution abatement
Status: in_force

(a) In General.—Subject to subsection (b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation project funded under this title (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) may be carried out to address water pollution or environmental degradation caused wholly or partially by a transportation facility.

(b) Maximum Expenditure.—In a case in which a transportation facility is undergoing reconstruction, rehabilitation, resurfacing, or restoration, the expenditure of funds under this section for environmental restoration or pollution abatement described in subsection (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility.

(Added Pub. L. 109–59, title VI, §6006(b), Aug. 10, 2005, 119 Stat. 1872.)
23 U.S.C. § 212 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 212: Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Status: repealed

[§212. 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. 909, related to the Inter-American Highway.

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.
23 U.S.C. § 160 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 160: Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Repealed. Pub. L. 112-141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575
Status: repealed

[§160. Repealed. Pub. L. 112–141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575]

Section, added Pub. L. 102–240, title I, §1014(a), Dec. 18, 1991, 105 Stat. 1941, related to reimbursement for segments of the Interstate System constructed without Federal assistance.

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.
23 U.S.C. § 307 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 307: Repealed. Pub. L. 105-178, title V, §5119(b), June 9, 1998, 112 Stat. 452
Repealed. Pub. L. 105-178, title V, §5119(b), June 9, 1998, 112 Stat. 452
Status: repealed

[§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 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.
23 U.S.C. § 316 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 316: Consent by United States to conveyance of property
Consent by United States to conveyance of property
Status: in_force

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 transportation 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 transportation department" for "State highway department".
23 U.S.C. § 170 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 170: Funding flexibility for transportation emergencies
Funding flexibility for transportation emergencies
Status: in_force

(a) In General.—Notwithstanding any other provision of law, a State may use up to 100 percent of any covered funds of the State to repair or replace a transportation facility that has suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause.

(b) Declaration of Emergency.—Funds may be used under this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(c) Repayment.—Funds used under subsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds.

(d) Definitions.—In this section, the following definitions apply:

(1) Covered funds.—The term "covered funds" means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section.

(2) Transportation facility.—The term "transportation facility" means any facility eligible for assistance under section 125.

(Added Pub. L. 112–141, div. A, title I, §1515(a), July 6, 2012, 126 Stat. 573.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.
23 U.S.C. § 181 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 181: Renumbered §§601 to 610
Renumbered §§601 to 610
Status: renumbered

[§§181 to 190. Renumbered §§601 to 610]

Editorial Notes

Codification

Subchapter II heading "INFRASTRUCTURE FINANCE" was struck out and sections 181 to 190, which comprised subchapter II of this chapter, were renumbered sections 601 to 610, respectively, and transferred to follow the analysis of chapter 6 of this title, by Pub. L. 109–59, title I, §1602(b)(6)(B), (d), Aug. 10, 2005, 119 Stat. 1247, as amended by Pub. L. 110–244, title I, §101(f), June 6, 2008, 122 Stat. 1574.
23 U.S.C. § 519 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 519: Infrastructure development
Infrastructure development
Status: in_force

Funds made available to carry out this chapter for operational tests of intelligent transportation systems—

(1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and

(2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.

(Added Pub. L. 114–94, div. A, title VI, §6010(a), Dec. 4, 2015, 129 Stat. 1567.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.