§ 301 TITLE 23—HIGHWAYS Page 152

1965—Pub. L. 89–285, title III, §301(b), Oct. 22, 1965, 79

Stat. 1032, inserted ‘‘and scenic enhancement’’ after

‘‘Landscaping’’ in item 319.

§ 301. Freedom from tolls

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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 129 of this title.

§ 302. State highway department

(a) Any State desiring to avail itself of the

provisions of this title shall have a State highway 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. Among other

things, the organization shall include a secondary road unit. In meeting the provisions of this

subsection, a State may engage, to the extent

necessary or desirable, the services of private

engineering firms.

(b) 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.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912; Pub. L.

89–574, §11, Sept. 13, 1966, 80 Stat. 770.)

AMENDMENTS

1966—Subsec. (a). Pub. L. 89–574 authorized States, in

meeting the provisions of this subsection, to engage, to

the extent necessary or desirable, the services of private engineering firms.

§ 303. Management systems

(a) REGULATIONS.—Not later than 1 year after

the date of the enactment of this section, the

Secretary shall issue regulations for State development, establishment, and implementation

of a system for managing each of the following:

(1) Highway pavement of Federal-aid highways.

(2) Bridges on and off Federal-aid highways.

(3) Highway safety.

(4) Traffic congestion.

(5) Public transportation facilities and

equipment.

(6) Intermodal transportation facilities and

systems.

In metropolitan areas, such systems shall be developed and implemented in cooperation with

metropolitan planning organizations. Such regulations may include a compliance schedule for

development, establishment, and implementation of each such system and minimum standards for each such system.

(b) TRAFFIC MONITORING.—Not later than 1

year after the date of the enactment of this section, the Secretary shall issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment.

(c) STATE ELECTION.—A State may elect, at

any time, not to implement, in whole or in part,

1 or more of the management systems required

under this section. The Secretary may not impose any sanction on, or withhold any benefit

from, a State on the basis of such an election.

(d) PROCEDURAL REQUIREMENTS.—In developing

and implementing a management system under

this section, each State shall cooperate with

metropolitan planning organizations for urbanized areas of the State and affected agencies receiving assistance under chapter 53 of title 49

and shall consider the results of the management systems in making project selection decisions under this title and under chapter 53.

(e) INTERMODAL REQUIREMENTS.—The management system required under this section for

intermodal transportation facilities and systems

shall provide for improvement and integration

of all of a State’s transportation systems and

shall include methods of achieving the optimum

yield from such systems, methods for increasing

productivity in the State, methods for increasing use of advanced technologies, and methods

to encourage the use of innovative marketing

techniques, such as just-in-time deliveries.

(f) REPORTS.—

(1) ANNUAL REPORTS.—Not later than January 1 of each calendar year beginning after December 31, 1992, the Secretary shall transmit

to Congress a report on the progress being

made by the Secretary and the States in carrying out this section.

(2) REPORT ON IMPLEMENTATION.—Not later

than October 1, 1996, the Comptroller General,

in consultation with States, shall transmit to

Congress a report on the management systems

under this section, including recommendations as to whether, to what extent, and how

the management systems should be implemented.

(g) FUNDING.—Subject to project approval by

the Secretary, a State may obligate funds apportioned after September 30, 1991, under subsections (b)(1), (b)(2), and (b)(3) of section 104 of

this title for developing and establishing management systems required by this section and

funds apportioned under section 144 of this title

for developing and establishing the bridge management system required by this section.

(h) REVIEW OF REGULATIONS.—Not later than 10

days after the date of issuance of any regulation

under this section, the Secretary shall transmit

a copy of such regulation to Congress for review.

(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.)

REFERENCES IN TEXT

The date of the enactment of this section, referred to

in subsecs. (a) and (b), is the date of enactment of Pub.

L. 102–240, which was approved Dec. 18, 1991.

PRIOR PROVISIONS

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;