§ 323. — Donations and credits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC323]
TITLE 23--HIGHWAYS
CHAPTER 3--GENERAL PROVISIONS
Sec. 323. Donations and credits
(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 Acquired Lands.--
(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.
(3) Limitation on applicability.--This subsection shall not
apply to donations made by an agency of the Federal 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.
(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 transportation 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--
(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.
(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.
(Added Pub. L. 93-87, title I, Sec. 145(a), Aug. 13, 1973, 87 Stat. 273;
amended Pub. L. 93-643, Sec. 112, Jan. 4, 1975, 88 Stat. 2285; Pub. L.
100-17, title I, Sec. 146(a), Apr. 2, 1987, 101 Stat. 179; Pub. L. 104-
59, title III, Sec. 322, Nov. 28, 1995, 109 Stat. 591; Pub. L. 105-178,
title I, Secs. 1212(a)(2)(A)(i), 1301(b)-(d)(1), June 9, 1998, 112 Stat.
193, 225, 226.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Amendments
1998--Pub. L. 105-178, Sec. 1301(d)(1), substituted ``Donations and
credits'' for ``Donations'' in section catchline.
Subsec. (b). Pub. L. 105-178, Sec. 1301(b)(1), substituted
``Acquired'' for ``Donated'' in heading.
Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 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.''
Subsec. (b)(3). Pub. L. 105-178, Sec. 1301(b)(3), substituted
``agency of the Federal Government'' for ``agency of a Federal, State,
or local government''.
Subsec. (b)(4). Pub. L. 105-178, Sec. 1301(b)(4), struck out ``to
which the donation is applied'' before period at end.
Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Subsec. (e). Pub. L. 105-178, Sec. 1301(c), added subsec. (e).
1995--Subsecs. (c), (d). Pub. L. 104-59 added subsec. (c) and
redesignated former subsec. (c) as (d).
1987--Pub. L. 100-17 designated existing provisions as subsec. (a),
inserted heading, and added subsecs. (b) and (c).
1975--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''.
