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-
[§ 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—