§ 308 TITLE 23—HIGHWAYS Page 166

INVESTIGATION AND REPORT TO ASSURE AN EQUITABLE

DISTRIBUTION OF THE TAX BURDEN

Section 210 of act June 29, 1956, ch. 462, title II, 70

Stat. 401, as amended by Pub. L. 85–823, §1, Aug. 28, 1958,

72 Stat. 983, directed Secretary of Commerce, in cooperation with other Federal officers and agencies (particularly Interstate Commerce Commission) and with

State highway departments, to make a study and investigation of effects on design, construction, and

maintenance of Federal-aid highways of (A) use of vehicles of different dimensions, weights, and other specifications, and (B) frequency of occurrences of such vehicles in traffic stream, the proportionate share of design, construction, and maintenance costs of the Federal-aid highways attributable to each class of persons

using such highways and the benefits derived from use

of such highways, and any direct and indirect benefits

accruing to any class which derives benefits from Federal-aid highways, in addition to benefits from actual

use of such highways, which are attributable to public

expenditures for such highways and required final report to be made no later than Jan. 3, 1961.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 115, 135,

144, 151, 157 of this title; title 49 sections 111, 41714.

§ 308. Cooperation with Federal and State agencies and foreign countries

(a) 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.

(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 of 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.)

AMENDMENTS

1973—Subsec. (b). Pub. L. 93–87 substituted ‘‘Federal

Highway Administration’’ for ‘‘Bureau of Public

Roads’’ in two places.

§ 309. Cooperation with other American Republics

The President is authorized to utilize the services of the Federal Highway Administration in

fulfilling the obligations of the United States

under the Convention on the Pan-American

Highway Between the United States and Other

American Republics (51 Stat. 152), cooperating

with several governments, members of the Organization of American States, in connection with

the survey and construction of the Inter-American Highway, and for performing engineering

service in the other American Republics for and

upon the request of any agency or governmental

corporation of the United States. To the extent

authorized in appropriation acts, administrative

funds available in accordance with subsection

(a) of section 104 of this title shall be available

annually for the purpose of this 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.)

AMENDMENTS

1973—Pub. L. 93–87 substituted ‘‘Federal Highway Administration’’ for ‘‘Bureau of Public Roads’’.

PAN AMERICAN HIGHWAY STUDY

Pub. L. 104–59, title III, §359(a), Nov. 28, 1995, 109 Stat.

626, provided that:

‘‘(1) STUDY.—The Secretary shall conduct a study on

the adequacy of and the need for improvements to the

Pan American Highway.

‘‘(2) ELEMENTS.—The study shall include, at a minimum, the following elements:

‘‘(A) Findings on the benefits of constructing a

highway at Darien Gap, Panama and Colombia.

‘‘(B) Recommendations for a self-financing arrangement for completion and maintenance of the Pan

American Highway.

‘‘(C) Recommendations for establishing a Pan

American highway authority to monitor financing,

construction, maintenance, and operations of the Pan

American Highway.

‘‘(D) Findings on the benefits to trade and prosperity of a more efficient Pan American Highway.

‘‘(E) Findings on the benefits to United States industry resulting from the use of United States technology and equipment in construction of improvements to the Pan American Highway.

‘‘(F) Findings on environmental considerations, including environmental considerations relating to

Darien Gap.

‘‘(3) REPORT.—Not later than 2 years after the date of

the enactment of this Act [Nov. 28, 1995], the Secretary

shall transmit to Congress a report on the results of

the study.’’

§ 310. Civil defense

In order to assure that adequate consideration

is given to civil defense aspects in the planning

and construction of highways constructed or reconstructed with the aid of Federal funds, the

Secretary of Transportation is authorized and

directed to consult, from time to time, with the

Federal Civil Defense Administrator relative to

the civil defense aspects of highways so constructed or reconstructed.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L.

93–87, title I, §152(3), Aug. 13, 1973, 87 Stat. 276.)

AMENDMENTS

1973—Pub. L. 93–87 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of Commerce’’.

TRANSFER OF FUNCTIONS

Office of Federal Civil Defense Administrator, referred to in text, abolished and functions thereof transferred to President by Reorg. Plan No. 1 of 1958, set out

as a note under section 5195 of Title 42, The Public

Health and Welfare. The Plan also established a new

agency in the Executive Office of the President, known

as the Office of Defense and Civilian Mobilization to be

headed by a Director. Office redesignated as the Office

of Civil and Defense Mobilization by act Aug. 26, 1958

(72 Stat. 861; 42 U.S.C. 5195 note). Civil defense functions transferred to Secretary of Defense by Executive

Order No. 10952 of July 20, 1961, formerly set out as a