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Title 23 — Highways

Chapter 3 — General Provisions

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

Statutory text

(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.

(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.

(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 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.

  1. 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. 914

  2. Federal-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”.

  3. Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1521(f) · 126 Stat. 405

    1. Added · 23 U.S.C. § 308(a)

      Pub. L. 112–141 added subsec. (a)

    2. 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.” .

  4. 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.”

Credits

1958–2021 · 4 acts
  1. 1958Pub. L. 85–767, , 72 Stat. 914
  2. 1973Pub. L. 93–87, title I, § 152(5), , 87 Stat. 276
  3. 2012Pub. L. 112–141, div. A, title I, § 1521(f), , 126 Stat. 579
  4. 2021Pub. L. 117–58, div. A, title I, § 11305(b), , 135 Stat. 532.
Show as published

(Pub. L. 85–767, , 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), , 87 Stat. 276; Pub. L. 112–141, div. A, title I, § 1521(f), , 126 Stat. 579; Pub. L. 117–58, div. A, title I, § 11305(b), , 135 Stat. 532.)

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USLM identifier /us/usc/t23/s308