Page 153 TITLE 23—HIGHWAYS § 307

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.

AMENDMENTS

1995—Subsec. (c). Pub. L. 104–59, §205(a)(1), added subsec. (c) and struck out former subsec. (c) which read as

follows:

‘‘(c) STATE REQUIREMENTS.—The Secretary may withhold up to 10 percent of the funds apportioned under

this title and under chapter 53 of title 49 for any fiscal

year beginning after September 30, 1995, to any State

and any recipient of assistance under such Act in the

State unless, in the preceding fiscal year, the State was

implementing each of the management systems described in subsection (a) and, before January 1 of the

preceding fiscal year, the State certified, in writing, to

the Secretary, that the State was implementing each of

such management systems in the preceding fiscal

year.’’

Subsec. (f). Pub. L. 104–59, §205(a)(2), inserted subsec.

heading, designated existing provisions as par. (1), inserted par. heading and realigned margins, and added

par. (2).

1994—Subsec. (c). Pub. L. 103–429, §3(8), substituted

‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

Subsec. (d). Pub. L. 103–429, §3(9), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’ and

‘‘chapter 53’’ for ‘‘such Act’’.

EFFECTIVE DATE

Section 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 an Effective Date of 1991 Amendment note under

section 104 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 106, 133, 134,

135, 307 of this title; title 49 section 5303.

§ 304. Participation by small business enterprises

It is declared to be in the national interest to

encourage and develop the actual and potential

capacity of small business and to utilize this important segment of our economy to the fullest

practicable extent in construction of the Federal-aid highway systems, including the Interstate System. In order to carry out that intent

and encourage full and free competition, the

Secretary should assist, insofar as feasible,

small business enterprises in obtaining contracts in connection with the prosecution of the

highway program.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913.)

§ 305. Archeological and paleontological salvage

Funds authorized to be appropriated to carry

out this title to the extent approved as necessary by the highway department of any State,

may be used for archeological and paleontological 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.)

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,

which is classified generally to sections 431, 432, and 433

of Title 16, Conservation. For complete classification of

this Act to the Code, see Short Title note set out under

section 431 of Title 16 and Tables.

AMENDMENTS

1960—Pub. L. 86–657 substituted ‘‘appropriated to

carry out this title to the extent approved’’ for ‘‘appropriated under the Federal-Aid Highway Act of 1956, to

the extent approved’’.

§ 306. Mapping

(a) IN GENERAL.—In carrying out the provisions of this title, the Secretary may, 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 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.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L.

104–59, title III, §321, Nov. 28, 1995, 109 Stat. 590.)

AMENDMENTS

1995—Pub. L. 104–59 designated existing provisions as

subsec. (a), inserted heading, and added subsec. (b).

§ 307. Research and planning

(a) RESEARCH AND TECHNOLOGY PROGRAM.—

(1) AUTHORITY OF THE SECRETARY.—

(A) IN GENERAL.—The Secretary may engage in research, development, and technology transfer activities with respect to

motor carrier transportation and all phases

of highway planning and development (including construction, operation, modernization, development, design, maintenance,

safety, financing, and traffic conditions) and

the effect thereon of State laws and may

test, develop, or assist in testing and developing any material, invention, patented article, or process.

(B) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out this

section either independently or in cooperation with other Federal departments, agencies, and instrumentalities or by making

grants to, and entering into contracts and

cooperative agreements with, the National

Academy of Sciences, the American Association of State Highway and Transportation