§ 323. Donations and credits

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. 1973

   Federal-Aid Highway Act of 1973

   Pub. L. 93–87 title I § 145(a) · 87 Stat. 250

   Enacted · 23 U.S.C. § 323

   Added Pub. L. 93–87, title I, § 145(a), Aug. 13, 1973, 87 Stat. 273

   Source evidence

   Code source credit
   Added Pub. L. 93–87, title I, § 145(a), Aug. 13, 1973, 87 Stat. 273

   Enacted provision · exact public law section
   (a) Chapter 3 of title 23 of the United States Code is 72 Stat. 912; 84 Stat. 1742. 23 USC 301. amended by adding at the end thereof the following: “§ 323. Donations “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 tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real 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.”

2. 1975

   Federal-Aid Highway Amendments of 1974

   Pub. L. 93–643 § 112 · 88 Stat. 2281

   Substituted · 23 U.S.C. § 323

   Pub. L. 93–643 substituted “after he has been fully informed of his right to receive just compensation for the acquisition of his property” for “after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property”

   Source evidence

   Code amendment note
   Pub. L. 93–643 substituted “after he has been fully informed of his right to receive just compensation for the acquisition of his property” for “after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property”.

   Enacted provision · exact public law section
   Sec. 112. donations Section 323 of title 23, United States Code, is amended by striking out “after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property,” and by inserting in lieu thereof the following: “after he has been fully informed of his right to receive just compensation for the acquisition of his property,”.

3. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 title I § 146(a) · 101 Stat. 132

   1. Amended · 23 U.S.C. § 323

      Pub. L. 100–17 designated existing provisions as subsec. (a)

   2. Inserted · 23 U.S.C. § 323

      Pub. L. 100–17 inserted heading

   3. Added · 23 U.S.C. § 323

      Pub. L. 100–17 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 100–17 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (a) Credit for Donated Lands and Donation Procedures.— Section 323 of title 23, United States Code, is amended— (1) by inserting “(a) Donations of Property Being Acquired.—” before “Nothing”; and (2) by adding at the end the following new subsections: “(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) 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— “(1) all alternatives to a proposed alignment will be studied and considered pursuant to such Act; “(2) acquisition of property under this section shall not influence the environmental assessment of a project including the decision relative to the need to construct the project or the selection of a specific location; and “(3) any property acquired by gift or donation shall be revested in the grantor or successors in interest if such property is not required for the alignment chosen after public hearings, if required, and completion of the environmental document.”.

4. 1995

   National Highway System Designation Act of 1995

   Pub. L. 104–59 title III § 322 · 109 Stat. 568

   1. Added · 23 U.S.C. § 323(c); 23 U.S.C. § 323(d)

      Pub. L. 104–59 added subsec. (c)

   2. Redesignated · 23 U.S.C. § 323(c); 23 U.S.C. § 323(d)

      Pub. L. 104–59 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 104–59 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY ASSISTED PROJECTS. Section 323 of title 23, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(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.”.

5. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1301(d)(1) · 112 Stat. 107

   Substituted · 23 U.S.C. § 323

   Pub. L. 105–178, § 1301(d)(1), substituted “Donations and credits” for “Donations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–178, § 1301(d)(1), substituted “Donations and credits” for “Donations” in section catchline.

   Enacted provision · exact public law section
   (1) Section 323 of such title is amended by striking the section heading and inserting the following: “§ 323. Donations and credits”.

6. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1301(b)(1) · 112 Stat. 107

   Substituted · 23 U.S.C. § 323(b)

   Pub. L. 105–178, § 1301(b)(1), substituted “Acquired” for “Donated” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–178, § 1301(b)(1), substituted “Acquired” for “Donated” in heading.

   Enacted provision · exact public law section
   (1) in the subsection heading, by striking “Donated ” and inserting “Acquired ”;

7. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1301(b)(2) · 112 Stat. 107

   1. Added · 23 U.S.C. § 323(b)(1); 23 U.S.C. § 323(b)(2)

      Pub. L. 105–178, § 1301(b)(2), added pars. (1) and (2)

   2. Struck · 23 U.S.C. § 323(b)(1); 23 U.S.C. § 323(b)(2)

      Pub. L. 105–178, § 1301(b)(2), struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 105–178, § 1301(b)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

   “(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.”

   Enacted provision · exact public law section
   (2) by striking paragraphs (1) and (2) and inserting the following: “(1) In general.— Notwithstanding any other provision of this title, the State share of the cost of a project with respect to which Federal assistance is provided from the Highway Trust Fund (other than the Mass Transit Account) may be credited in an amount equal to the fair market value of any land that— “(A) is lawfully obtained by the State or a unit of local government in the State; “(B) is incorporated into the project; “(C) is not land described in section 138; and “(D) the Secretary determines will not influence the environmental assessment of the project, including— “(i) the decision as to the need to construct the project; “(ii) the consideration of alternatives; and “(iii) the selection of a specific location. “(2) Establishment of fair market value.— The fair market value of land incorporated into a project and credited under paragraph (1) shall be established in the manner determined by the Secretary, except that— “(A) the fair market value shall not include any increase or decrease in the value of donated property caused by the project; and “(B) the fair market value of donated land shall be established as of the earlier of— “(i) the date on which the donation becomes effective; or “(ii) the date on which equitable title to the land vests in the State.” ;

8. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1301(b)(3) · 112 Stat. 107

   Substituted · 23 U.S.C. § 323(b)(3)

   Pub. L. 105–178, § 1301(b)(3), substituted “agency of the Federal Government” for “agency of a Federal, State, or local government”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–178, § 1301(b)(3), substituted “agency of the Federal Government” for “agency of a Federal, State, or local government”.

   Enacted provision · exact public law section
   (3) in paragraph (3) by striking “agency of a Federal, State, or local government” and inserting “agency of the Federal Government”; and

9. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 1301(b)(4) · 112 Stat. 107

   Struck · 23 U.S.C. § 323(b)(4)

   Pub. L. 105–178, § 1301(b)(4), struck out “to which the donation is applied” before period at end

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 105–178, § 1301(b)(4), struck out “to which the donation is applied” before period at end.

   Enacted provision · exact public law section
   (4) in paragraph (4) by striking “to which the donation is applied”.

10. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1212(a)(2)(A)(i) · 112 Stat. 107

    Substituted · 23 U.S.C. § 323(c)

    Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.

    Enacted provision · exact public law section
    (i) by striking “State highway department” each 23 USC 102 et seq. place it appears and inserting “State transportation department”; and

11. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1301(c) · 112 Stat. 107

    Added · 23 U.S.C. § 323(e)

    Pub. L. 105–178, § 1301(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 1301(c), added subsec. (e).

    Enacted provision · exact public law section
    (c) Crediting of Contributions by Units of Local Government Toward the State Share.— Section 323 of such title is amended by adding at the end the following: “(e) Crediting of Contributions by Units of Local Government Toward the State Share.— A contribution by a unit of local government of real property, funds, or material in connection with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value of the real property, funds, or material.” .

12. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1902(1) · 119 Stat. 1144

    Inserted · 23 U.S.C. § 323(c)

    Pub. L. 109–59, § 1902(1), inserted “, or a local government from offering to donate funds, materials, or services performed by local government employees,” before “in connection with a project”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–59, § 1902(1), inserted “, or a local government from offering to donate funds, materials, or services performed by local government employees,” before “in connection with a project”.

    Enacted provision · exact public law section
    (1) in the first sentence of subsection (c) by inserting “, or a local government from offering to donate funds, materials, or services performed by local government employees,” after “services”; and

13. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1902(2) · 119 Stat. 1144

    Struck · 23 U.S.C. § 323(e)

    Pub. L. 109–59, § 1902(2), struck out heading and text of subsec. (e). Text read as follows: “A contribution by a unit of local government of real property, funds, or material in connection with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value of the real property, funds, or material.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–59, § 1902(2), struck out heading and text of subsec. (e). Text read as follows: “A contribution by a unit of local government of real property, funds, or material in connection with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value of the real property, funds, or material.”

    Enacted provision · exact public law section
    (2) by striking subsection (e).

14. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 div. A title I § 11525(q) · 135 Stat. 429

    Inserted · 23 U.S.C. § 323(d)

    Pub. L. 117–58 inserted “(42 U.S.C. 4321 et seq.)” after “National Environmental Policy Act of 1969” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–58 inserted “(42 U.S.C. 4321 et seq.)” after “National Environmental Policy Act of 1969” in introductory provisions.

    Enacted provision · exact public law section
    (q) Section 323(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), in the second sentence, by inserting “(42 U.S.C. 4321 et seq.)” after “of 1969”.

    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.

18 of 18 references resolved to an enrolled provision