Page 169 TITLE 23—HIGHWAYS § 320

State out of appropriated funds an amount equivalent

to 3 per centum of funds apportioned to a State for Federal-aid highways for landscape and roadside development use within the highway right-of-way, including

acquisition and development of publicly owned and

controlled rest and recreation areas and sanitary and

other facilities within or adjacent to the highway

right-of-way without being matched by the State; authorization of Secretary to except a State from the requirement upon a showing that amount is in excess of

the State needs for the purposes; lapse of unused funds;

appropriations authorization of $120,000,000 for fiscal

years ending June 30, 1966, and 1967, and $20,000,000 for

fiscal year ending June 30, 1970; and provision making

chapter 1 respecting obligation, period of availability,

and expenditure of Federal-aid primary highway funds

applicable to funds authorized to be appropriated to

carry out subsec. (b) after June 30, 1967.

1968—Subsec. (b). Pub. L. 90–495 inserted provisions

authorizing an appropriation of not to exceed $20,000,000

for the fiscal year ending June 30, 1970.

1966—Subsec. (b). Pub. L. 89–574 substituted provisions making applicable to the funds authorized to be

appropriated to carry out this subsection after June 30,

1967, the provisions of chapter 1 of this title relating to

the obligations, period of availability, and expenditure

of Federal-aid primary highway funds for provisions

prohibiting the use of any part of the Highway Trust

Fund in carrying out this subsection.

1965—Pub. L. 89–285 rearranged section structurally,

made provision for apportionment of an amount, in addition to the state’s annual apportionment, equivalent

to 3 per centum of the fund annually apportioned to the

state for federal-aid highways to acquire interests and

improvements for restoration, preservation, and enhancement of scenic beauty adjacent to Federal-aid

highways, authorized appropriations of $120,000,000 for

fiscal year ending June 30, 1966, and $120,000,000 for fiscal year ending June 30, 1967, and prohibited use of

Highway Trust Fund moneys in carrying out the scenic

enhancement provisions.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective August 23,

1968, see section 37 of Pub. L. 90–495, set out as a note

under section 101 of this title.

CONTINUING AVAILABILITY OF APPROPRIATED FUNDS

FOR APPROPRIATION, OBLIGATION, AND EXPENDITURE

Section 136(b) of Pub. L. 94–280 provided that: ‘‘All

sums authorized to be appropriated to carry out section

319(b) of title 23, United States Code [former subsec. (b)

of this section], as in effect immediately before the

date of enactment of this section [May 5, 1976] shall

continue to be available for appropriation, obligation,

and expenditure in accordance with such section 319(b)

[former subsec. (b) of this section], notwithstanding the

amendment made by the subsection (a) of this section

[to this section].’’

NATIONAL SCENIC HIGHWAY SYSTEM STUDY AND USER

ACCESS STUDY FOR PARKS AND RECREATION AREAS

Pub. L. 93–87, title I, §134, Aug. 13, 1973, 87 Stat. 268,

mandated a study to determine the feasibility of a scenic highway system to link together recreational, historical sites, and a study of user access to parks and

recreational areas, including alternatives to private

automobiles, the results of the studies to be reported to

Congress no later than July 1, 1974, and Jan. 1, 1975, respectively.

ACQUISITION OF DWELLINGS

Prohibition against the use of eminent domain to acquire any dwelling (including related buildings) under

the terms of Pub. L. 89–285, see section 305 of Pub. L.

89–285, set out as a note under section 131 of this title.

TAKING OF PRIVATE PROPERTY WITHOUT JUST

COMPENSATION

Prohibition against the taking of private property or

the restriction of reasonable and existing use by such

taking without just compensation under the terms of

Pub. L. 89–285, see section 401 of Pub. L. 89–285, set out

as a note under section 131 of this title.

§ 320. Bridges on Federal dams

(a) Each executive department, independent

establishment, office, board, bureau, commission, authority, administration, corporation

wholly owned or controlled by the United

States, or other agency of the Government of

the United States, hereinafter collectively and

individually referred to as ‘‘agency’’, which on

or after July 29, 1946, has jurisdiction over and

custody of any dam constructed or to be constructed and owned by or for the United States,

is authorized, with any funds available to it, to

design and construct any such dam in such manner that it will constitute and serve as a suitable and adequate foundation to support a public highway bridge upon and across such dam,

and to design and construct upon the foundation

thus provided a public highway bridge upon and

across such dam. The highway department of

the State in which such dam shall be located,

jointly with the Secretary, shall first determine

and certify to such agency that such bridge is

economically desirable and needed as a link in

the State or Federal-aid highway systems, and

shall request such agency to design and construct such dam so that it will serve as a suitable and adequate foundation for a public highway bridge and to design and construct such

public highway bridge upon and across such

dam, and shall agree to reimburse such agency

pursuant to subsection (d) of this section for any

additional costs which it may be required to

incur because of the design and construction of

such dam so that it will serve as a foundation

for a public highway bridge and for expenditures

which it may find it necessary to make in designing and constructing such public highway

bridge upon and across such dam. In no case

shall the design and construction of a bridge

upon and across such dam be undertaken hereunder except by the agency having jurisdiction

over and custody of the dam, acting directly or

through contractors employed by it, and after

such agency shall determine that it will be

structurally feasible and will not interfere with

the proper functioning and operation of the

dam.

(b) Construction of any bridge upon and across

any dam pursuant to this section shall not be

commenced unless and until the State in which

such bridge is to be located, or the appropriate

subdivision of such State, shall enter into an

agreement with such agency and with the Secretary to construct, or cause to be constructed,

with or without the aid of Federal funds, the approach roads necessary to connect such bridge

with existing public highways and to maintain,

or cause to be maintained, such approach roads

from and after their completion. Such agreement may also provide for the design and construction of such bridge upon and across the

dam by such agency of the United States and for

reimbursing such agency the costs incurred by it

in the design and construction of the bridge as

provided in subsection (d) of this section. Any

such agency is hereby authorized to convey to

the State, or to the appropriate subdivision
§ 320 TITLE 23—HIGHWAYS Page 170

thereof, without costs, such easements and

rights-of-way in its custody or over lands of the

United States in its custody and control as may

be necessary, convenient, or proper for the location, construction, and maintenance of the approach roads referred to in this section including such roadside parks or recreational areas of

limited size as may be deemed necessary for the

accommodation of the traveling public. Any

bridge constructed pursuant to this section upon

and across a dam in the custody and jurisdiction

of any agency of the United States, including

such portion thereof, if any, as may extend beyond the physical limits of the dam, shall constitute and remain a part of said dam and be

maintained by the agency. Any such agency

may enter into any such contracts and agreements with the State or its subdivisions respecting public use of any bridge so located and constructed as may be deemed appropriate, but no

such bridge shall be closed to public use by the

agency except in cases of emergency or when

deemed necessary in the interest of national security.

(c) All costs and expenses incurred and expenditures made by any agency in the exercise of the

powers and authority conferred by this section

(but not including any costs, expenses, or expenditures which would have been required in

any event to satisfy a legal road or bridge relocation obligation or to meet operating or other

agency needs) shall be recorded and kept separate and apart from the other costs, expenses,

and expenditures of such agency, and no portion

thereof shall be charged or allocated to flood

control, navigation, irrigation, fertilizer production, the national defense, the development of

power, or other program, purpose, or function of

such agency.

(d) Not to exceed $65,000,000 of any money

heretofore or hereafter appropriated for expenditure in accordance with the provisions of this

title or prior Acts shall be available for expenditure by the Secretary in accordance with the

provisions of this section, as an emergency fund,

to reimburse any agency for any additional

costs or expenditures which it may be required

to incur because of the design and construction

of any such dam so that it will constitute and

serve as a foundation for a public highway

bridge upon and across such dam and to reimburse any such agency for any costs, expenses,

or expenditures which it may be required to

make in designing and constructing any such

bridge upon and across a dam in accordance

with the provisions of this section, except such

costs, expenses, or expenditures as would have

been required of such agency in any event to

satisfy a legal obligation to relocate a highway

or bridge or to meet operating or other agency

needs, and there is authorized to be appropriated

any sum or sums necessary to reimburse the

funds so expended by the Secretary from time to

time under the authority of this section. Of each

bridge constructed upon and across a dam under

the provisions of this section, there may be financed wholly with Federal funds that portion

thereof which is located within the physical limits of the masonry structure, or structures, of

the dam, and the Secretary shall in his sole discretion determine what additional portion of the

bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or

its appropriate subdivision with or without the

aid of Federal funds; but said portion of the

bridge so financed by the State or its subdivisions, including such portion thereof, if any, as

may extend beyond the physical limits of the

dam, shall nevertheless be designed and constructed solely by the agency having custody

and jurisdiction of the dam as provided in subsection (a) of this section.

(e) In making, reviewing, or approving the design of any bridge or approach structure to be

constructed under this section, the agency shall,

in matters relating to roadway design, loadings,

clearances and widths, and traffic safeguards,

give full consideration to and be guided by the

standards and advice of the Secretary.

(f) The authority conferred by this section

shall be in addition to and not in limitation of

authority conferred upon any agency by any

other law, and nothing in this section contained

shall affect or be deemed to relate to any bridge

approach structure, or highway constructed or

to be constructed by any such agency in furtherance of its lawful purposes and requirements or

to satisfy a legal obligation incurred independently of this section.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 917; Pub. L.

86–342, title I, §108, Sept. 21, 1959, 73 Stat. 613;

Pub. L. 88–423, §4(c), Aug. 13, 1964, 78 Stat. 398;

Pub. L. 91–605, title I, §116(a), Dec. 31, 1970, 84

Stat. 1724; Pub. L. 93–87, title I, §128(a), Aug. 13,

1973, 87 Stat. 265; Pub. L. 93–643, §123(a), Jan. 4,

1975, 88 Stat. 2290; Pub. L. 94–280, title I, §137(a),

May 5, 1976, 90 Stat. 443; Pub. L. 95–599, title I,

§128(a), Nov. 6, 1978, 92 Stat. 2707.)

AMENDMENTS

1978—Subsec. (d). Pub. L. 95–599 substituted

‘‘$65,000,000’’ for ‘‘$50,000,000’’.

1976—Subsec. (d). Pub. L. 94–280 substituted

‘‘$50,000,000’’ for ‘‘$27,761,000’’.

1975—Subsec. (d). Pub. L. 93–643 substituted

‘‘$27,761,000’’ for ‘‘$25,261,000’’.

1973—Subsec. (d). Pub. L. 93–87 substituted

‘‘$25,261,000’’ for ‘‘$16,761,000’’.

1970—Subsec. (d). Pub. L. 91–605 substituted

‘‘$16,761,000’’ for ‘‘$13,000,000’’.

1964—Subsec. (b). Pub. L. 88–423 substituted ‘‘which

such bridge is to be located, or the appropriate subdivision of such State, shall enter into an agreement with

such agency and with’’ for ‘‘such State, shall enter into

an agreement with such agency and with which such

bridge is to be located, or the appropriate subdivision

of’’.

1959—Subsec. (d). Pub. L. 86–342 substituted

‘‘$13,000,000’’ for ‘‘$10,000,000’’.

APPROPRIATION OUT OF HIGHWAY TRUST FUND OF SUMS

APPROPRIATED UNDER AUTHORITY OF INCREASED AUTHORIZATION

Section 128(b) of Pub. L. 95–599 provided that: ‘‘Sums

appropriated or expended under authority of the increased authorization established by the amendment

made by subsection (a) of this section [amending subsec. (d) of this section] shall be appropriated out of the

Highway Trust Fund for the fiscal year ending September 30, 1978, and for subsequent fiscal years.’’

APPROPRIATION OF INCREASED AUTHORIZATION

Section 137(b) of Pub. L. 94–280 provided that: ‘‘Sums

appropriated or expended under authority of the in-
Page 171 TITLE 23—HIGHWAYS § 321

creased authorization established by the amendment

made by subsection (a) of this section [to subsec. (d) of

this section] shall be appropriated out of the Highway

Trust Fund for the fiscal year ending September 30,

1977, and for subsequent fiscal years.’’

RESTRICTION ON INCREASED AUTHORIZATION OF

APPROPRIATIONS

Section 116(b) of Pub. L. 91–605 provided that: ‘‘All

sums appropriated under authority of the increased authorization of $3,761,000 established by the amendment

made by subsection (a) of this section [amending subsec. (d) of this section] shall be available for expenditure only in connection with the construction of a

bridge across Markland Dam on the Ohio River near

Markland, Indiana, and Warsaw, Kentucky. No such

sums shall be appropriated until all applicable requirements of section 320 of title 23 of the United States

Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the

States of Kentucky and Indiana.’’

Section 123(b) of Pub. L. 93–643 provided that: ‘‘All

sums appropriated under authority of the increased authorization established by the amendment made by

subsection (a) of this section shall be available for expenditure in the same manner and for the same purpose

as provided for in subsection (b) of section 116 of the

Federal-Aid Highway Act of 1970 (Public Law 91–605).’’

Section 128(b) of Pub. L. 93–87 provided that: ‘‘All

sums appropriated under authority of the increased authorization of $8,500,000 established by the amendment

made by subsection (a) of this section [to subsec. (d) of

this section] shall be available for expenditure only in

connection with the construction of a bridge across

lock and dam numbered 13 on the Arkansas River near

Fort Smith, Arkansas, in the amount of $2,100,000 and

in connection with reconstruction of a bridge across

the Chickamauga Dam on the Tennessee River near

Chattanooga, Tennessee, in the amount of $6,400,000. No

such sums shall be appropriated until all applicable requirements of section 320 of title 23 of the United

States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation,

and the State of Arkansas for the Fort Smith project,

and the State of Tennessee for the Chattanooga

project.’’

§ 321. National Highway Institute

(a) ESTABLISHMENT; DUTIES; PROGRAMS.—

(1) ESTABLISHMENT.—The Secretary shall establish and operate in the Federal Highway

Administration a National Highway Institute

(hereinafter in this section referred to as the

‘‘Institute’’).

(2) DUTIES.—The Institute shall develop and

administer, in cooperation with the State

transportation or highway departments, and

any national or international entity, training

programs of instruction for Federal Highway

Administration, State and local transportation and highway department employees,

State and local police, public safety and motor

vehicle employees, and United States citizens

and foreign nationals engaged or to be engaged

in highway work of interest to the United

States. The Secretary shall administer,

through the Institute, the authority vested in

the Secretary by this title or by any other

provision of law for the development and conduct of education and training programs relating to highways.

(3) TYPES OF PROGRAMS.—Programs which

the Institute may develop and administer may

include courses in modern developments, techniques, management, and procedures relating

to highway planning, environmental factors,

acquisition of rights-of-way, relocation assistance, engineering, safety, construction, maintenance, contract administration, motor carrier activities, and inspection.

(b) SET-ASIDE; FEDERAL SHARE.—Not to exceed

1

⁄16 of 1 percent of all funds apportioned to a

State under section 104(b)(3) for the surface

transportation program shall be available for

expenditure by the State highway department

for payment of not to exceed 80 percent of the

cost of tuition and direct educational expenses

(but not travel, subsistence, or salaries) in connection with the education and training of State

and local highway department employees as provided in this section.

(c) FEDERAL RESPONSIBILITY.—Education and

training of Federal, State, and local highway

employees authorized by this section shall be

provided—

(1) by the Secretary at no cost to the States

and local governments for those subject areas

which are a Federal program responsibility; or

(2) in any case in which education and training are to be paid for under subsection (b), by

the State (subject to the approval of the Secretary) through grants and contracts with

public and private agencies, institutions, individuals, and the Institute; except that private

agencies and individuals shall pay the full cost

of any education and training received by

them.

(d) TRAINING FELLOWSHIPS; COOPERATION.—The

Institute is authorized, subject to approval of

the Secretary, to engage in all phases of contract authority for training purposes authorized

by this section, including the granting of training fellowships. The Institute is also authorized

to carry out its authority independently or in

cooperation with any other branch of the Government, State agency, authority, association,

institution, corporation (profit or nonprofit),

any other national or international entity, or

any other person.

(e) COLLECTION OF FEES.—

(1) GENERAL RULE.—The Institute may, in

accordance with this subsection, assess and

collect fees solely to defray the costs of the Institute in developing and administering education and training programs under this section.

(2) LIMITATION.—Fees may be assessed and

collected under this subsection only in a manner which may reasonably be expected to result in the collection of fees during any fiscal

year in an aggregate amount which does not

exceed the aggregate amount of the costs referred to in paragraph (1) for the fiscal year.

(3) PERSONS SUBJECT TO FEES.—Fees may be

assessed and collected under this subsection

only with respect to—

(A) persons and entities for whom education or training programs are developed or

administered under this section; and

(B) persons and entities to whom education or training is provided under this section.

(4) AMOUNT OF FEES.—The fees assessed and

collected under this subsection shall be established in a manner which ensures that the liability of any person or entity for a fee is rea-