Title 23 — Highways
Chapter 3 — General Provisions
§ 308. Cooperation with Federal and State agencies and foreign countries
Statutory text
Authorized Activities.—
In general.—
The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.
Inclusions.—
Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Reimbursement.—
Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.
Alternative contracting methods.—
In general.—
Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.
Methods described.—
The contracting methods referred to in subparagraph (A) shall include, at a minimum—
project bundling;
bridge bundling;
design-build contracting;
2-phase contracting;
long-term concession agreements; and
any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
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 to 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–767 · 72 Stat. 885
Enacted · 23 U.S.C. § 308
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914
Source evidence
Code source credit
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914Federal-Aid Highway Act of 1973
Pub. L. 93–87 title I § 152(5) · 87 Stat. 250
Substituted · 23 U.S.C. § 308(b)
Pub. L. 93–87 substituted “Federal Highway Administration” for “Bureau of Public Roads” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–87 substituted “Federal Highway Administration” for “Bureau of Public Roads” in two places.Enacted provision · exact public law section
(5) Sections 308(b), 309, 312, and 314 are amended by striking out “Bureau of Public Roads” each place it appears and inserting in lien thereof “Federal Highway Administration”.Moving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 div. A title I § 1521(f) · 126 Stat. 405
Added · 23 U.S.C. § 308(a)
Pub. L. 112–141 added subsec. (a)
Struck · 23 U.S.C. § 308(a)
Pub. L. 112–141 struck out former subsec. (a) which read as follows: “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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–141 added subsec. (a) and struck out former subsec. (a) which read as follows: “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.”Enacted provision · exact public law section
(f) Cooperation With Federal Agencies.— Section 308 of title 23, United States Code, is amended by striking subsection (a) and inserting the following: “(a) Authorized Activities.— “(1) In general.— The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies. “(2) Inclusions.— Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. “(3) Reimbursement.— Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.” .Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 div. A title I § 11305(b) · 135 Stat. 429
Added · 23 U.S.C. § 308(a)(4)
Pub. L. 117–58 added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 117–58 added par. (4).Enacted provision · exact public law section
(b) Cooperation With Federal and State Agencies and Foreign Countries.— Section 308(a) of title 23, United States Code, is amended by adding at the end the following: “(4) Alternative contracting methods.— “(A) In general.— Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. “(B) Methods described.— The contracting methods referred to in subparagraph (A) shall include, at a minimum— “(i) project bundling; “(ii) bridge bundling; “(iii) design-build contracting; “(iv) 2-phase contracting; “(v) long-term concession agreements; and “(vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.” .Effective date note
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to section 4634 of Title 42, The Public Health and Welfare.
Amendments1973–2021 · 3 rounds
2021
Subsec. (a)(4). Pub. L. 117–58 added par. (4).
2012
Subsec. (a). Pub. L. 112–141 added subsec. (a) and struck out former subsec. (a) which read as follows: “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.”
1973
Subsec. (b). Pub. L. 93–87 substituted “Federal Highway Administration” for “Bureau of Public Roads” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective , see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date of 2012 Amendment
Pub. L. 112–141, div. A, title I, § 1521(g), , 126 Stat. 579, provided that:
“(1) In general.—
Except as provided in paragraph (2), the amendments made by this section [enacting section 4634 of Title 42, The Public Health and Welfare, and amending this section and sections 4622 to 4624 and 4633 of Title 42] shall take effect on the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title].
“(2) Exception.—
The amendments made by subsections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of enactment of this Act.”