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§ 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''.



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