[§ 322 TITLE 23—HIGHWAYS Page 172

sonably based on the proportion of the costs

referred to in paragraph (1) which relate to

such person or entity.

(f) FUNDS.—The funds required to carry out

this section may be from the sums deducted for

administration purposes under section 104(a).

The sums provided pursuant to this subsection

may be combined or held separate from the fees

or memberships collected under subsection (e)

and may be administered by the Secretary as a

fund which shall be available until expended.

There shall be available from the Highway Trust

Fund (other than the Mass Transit Account) to

carry out this section $2,500,000 for the period of

October 1, 1997, through March 31, 1998, and such

funds shall be subject to any limitation on obligations for Federal-aid highways and highway

safety construction programs.

(g) CONTRACTS.—The provisions of section 3709

of the Revised Statutes (41 U.S.C. 5) shall not be

applicable to contracts or agreements made

under the authority of this section.

(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.)

AMENDMENTS

1997—Subsec. (f). Pub. L. 105–130 inserted at end

‘‘There shall be available from the Highway Trust Fund

(other than the Mass Transit Account) to carry out this

section $2,500,000 for the period of October 1, 1997,

through March 31, 1998, and such funds shall be subject

to any limitation on obligations for Federal-aid highways and highway safety construction programs.’’

1991—Pub. L. 102–240 amended section generally, revising and expanding existing subsecs. (a) to (c) and

adding subsecs. (d) to (g).

1987—Subsecs. (b), (c). Pub. L. 100–17 amended subsecs. (b) and (c) generally. Prior to amendment, subsecs. (b) and (c) read as follows:

‘‘(b) Not to exceed one-half of 1 per centum of all

funds apportioned for any fiscal year beginning after

June 30, 1970, to any State under paragraphs (1), (2), and

(6) of section 104(b) of this title shall be available for

expenditure by the State highway department, subject

to approval by the Secretary, for payment of not to exceed 75 per centum 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) Education and training of Federal, State, and

local highway employees authorized by this section

may be provided by the Secretary, or, in the case where

such education and training is to be paid for under subsection (b) of this section, by the State, subject to the

approval of the Secretary, through grants and contracts with public and private agencies, institutions

and individuals.’’

1979—Subsec. (b). Pub. L. 96–106 substituted ‘‘paragraphs (1), (2),’’ for ‘‘paragraphs (1), (2), (3)’’ and ‘‘75 per

centum’’ for ‘‘70 per centum’’.

[§ 322. Repealed. Pub. L. 100–17, title I, § 133(e)(1),

Apr. 2, 1987, 101 Stat. 173]

Section, added Pub. L. 91–605, title II, §205(a), Dec. 31,

1970, 84 Stat. 1742; amended Pub. L. 93–643, §117, Jan. 4,

1975, 88 Stat. 2288; Pub. L. 97–449, §5(d)(3), Jan. 12, 1983,

96 Stat. 2442, related to demonstration projects for

elimination or protection of certain ground-level railhighway crossings and required study of problem of

providing increased highway safety at public and private ground-level rail-highway crossings on nationwide

basis through elimination of such crossings or otherwise, and report to Congress on such study not later

than July 1, 1972.

§ 323. Donations

(a) DONATIONS OF PROPERTY BEING ACQUIRED.—

Nothing in this title, or in any other provision

of law, shall be construed to prevent a person

whose real property is being acquired in connection with a project under this title, after he has

been fully informed of his right to receive just

compensation for the acquisition of his property, from making a gift or donation of such

property, or any part thereof, or of any of the

compensation paid therefor, to a Federal agency, a State or a State agency, or a political subdivision of a State, as said person shall determine.

(b) CREDIT FOR DONATED LANDS.—

(1) GENERAL RULE.—Notwithstanding any

provision of this title, the State matching

share for a project with respect to which Federal assistance is provided out of the Highway

Trust Fund (other than the Mass Transit Account) may be credited by the fair market

value of land incorporated into the project and

lawfully donated to the State after the date of

the enactment of this subsection.

(2) ESTABLISHMENT OF FAIR MARKET VALUE.—

The fair market value of the donated land

shall be established as determined by the Secretary. Fair market value shall not include increases and decreases in the value of donated

property caused by the project. For purposes

of this subsection, the fair market value of donated land shall be established as of the date

the donation becomes effective or when equitable title to the land vests in the State,

whichever is earlier.

(3) LIMITATION ON APPLICABILITY.—This subsection shall not apply to donations made by

an agency of a Federal, State, or local government.

(4) LIMITATION ON AMOUNT OF CREDIT.—The

credit received by a State pursuant to this

subsection may not exceed the State’s matching share for the project to which the donation

is applied.

(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES.—Nothing in this title or any

other law shall prevent a person from offering to

donate funds, materials, or services in connection with a project eligible for assistance under

this title. In the case of such a project with respect to which the Federal Government and the

State share in paying the cost, any donated

funds, or the fair market value of any donated

materials or services, that are accepted and incorporated into the project by the State highway department shall be credited against the

State share.

(d) PROCEDURES.—A gift or donation in accordance with subsection (a) may be made at any

time during the development of a project. Any

document executed as part of such donation

prior to the approval of an environmental document prepared pursuant to the National Environmental Policy Act of 1969 shall clearly indicate that—