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§ 505. —  State planning and research.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 23USC505]

 
                           TITLE 23--HIGHWAYS
 
                   CHAPTER 5--RESEARCH AND TECHNOLOGY
 
Sec. 505. State planning and research

    (a) General Rule.--Two percent of the sums apportioned to a State 
for fiscal year 1998 and each fiscal year thereafter under section 104 
(other than sections 104(f) and 104(h)) and under section 144 shall be 
available for expenditure by the State, in consultation with the 
Secretary, only for the following purposes:
        (1) Engineering and economic surveys and investigations.
        (2) The planning of future highway programs and local public 
    transportation systems and the planning of the financing of such 
    programs and systems, including metropolitan and statewide planning 
    under sections 134 and 135.
        (3) Development and implementation of management systems under 
    section 303.
        (4) Studies of the economy, safety, and convenience of surface 
    transportation systems and the desirable regulation and equitable 
    taxation of such systems.
        (5) Research, development, and technology transfer activities 
    necessary in connection with the planning, design, construction, 
    management, and maintenance of highway, public transportation, and 
    intermodal transportation systems.
        (6) Study, research, and training on the engineering standards 
    and construction materials for transportation systems described in 
    paragraph (5), including the evaluation and accreditation of 
    inspection and testing and the regulation and taxation of their use.

    (b) Minimum Expenditures on Research, Development, and Technology 
Transfer Activities.--
        (1) In general.--Subject to paragraph (2), not less than 25 
    percent of the funds subject to subsection (a) that are apportioned 
    to a State for a fiscal year shall be expended by the State for 
    research, development, and technology transfer activities described 
    in subsection (a), relating to highway, public transportation, and 
    intermodal transportation systems.
        (2) Waivers.--The Secretary may waive the application of 
    paragraph (1) with respect to a State for a fiscal year if the State 
    certifies to the Secretary for the fiscal year that total 
    expenditures by the State for transportation planning under sections 
    134 and 135 will exceed 75 percent of the funds described in 
    paragraph (1) and the Secretary accepts such certification.
        (3) Nonapplicability of assessment.--Funds expended under 
    paragraph (1) shall not be considered to be part of the extramural 
    budget of the agency for the purpose of section 9 of the Small 
    Business Act (15 U.S.C. 638).

    (c) Federal Share.--The Federal share of the cost of a project 
carried out using funds subject to subsection (a) shall be 80 percent 
unless the Secretary determines that the interests of the Federal-aid 
highway program would be best served by decreasing or eliminating the 
non-Federal share.
    (d) Administration of Sums.--Funds subject to subsection (a) shall 
be combined and administered by the Secretary as a single fund and shall 
be available for obligation for the same period as funds apportioned 
under section 104(b)(1).

(Added Pub. L. 105-178, title V, Sec. 5105, June 9, 1998, 112 Stat. 
432.)


                            Prior Provisions

    A prior section 505, added Pub. L. 90-495, Sec. 30, Aug. 23, 1968, 
82 Stat. 831, related to highway relocation assistance payments, prior 
to repeal by Pub. L. 91-646, title II, Sec. 220(a)(10), Jan. 2, 1971, 84 
Stat. 1903.


                          Alaska Highway Study

    Pub. L. 87-866, Sec. 13, Oct. 23, 1962, 76 Stat. 1149, as amended by 
Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:
    ``(a) The Secretary of Transportation, in cooperation with the State 
of Alaska, is hereby authorized to make engineering studies and 
estimates and planning surveys relative to a highway construction 
program for the State of Alaska, and, in accordance with treaties or 
other agreements to be negotiated with Canada by the Secretary of State 
in consultation with the Secretary of Transportation, engineering 
studies, estimates, and planning surveys relative to connecting Alaskan 
roads with Canadian roads at the International boundary.
    ``(b) On or before May 15, 1964, the Secretary of Transportation 
shall submit a report to the Congress which shall include--
        ``(1) an analysis of the adequacy of the Federal-aid highway 
    program to provide for a satisfactory program in both the populated 
    and the undeveloped areas in Alaska;
        ``(2) specific recommendations as to the construction of roads 
    through undeveloped areas of Alaska and connection of such roads 
    with Canadian roads at the International boundary; and
        ``(3) a feasible program for implementing such specific 
    recommendations, including cost estimates, recommendations as to the 
    sharing of cost responsibilities, and other pertinent matters.
    ``(c) From time to time, either before or after submission of the 
report provided for in subsection (b) of this section, the Secretary of 
Transportation may submit recommendations to the Congress with respect 
to the construction of particular highways to carry out the purposes of 
this section.
    ``(d) Nothing in this section shall be construed as creating any 
obligation in the Congress, express or implied, to carry out the 
recommendations referred to in subsections (b) and (c).
    ``(e) There is hereby authorized to be appropriated, out of any 
money in the Treasury not otherwise appropriated, to be available until 
expended, the sum of $800,000 for the purpose of making the studies, 
surveys, and report authorized by subsections (a) and (b) hereof.''

                  Section Referred to in Other Sections

    This section is referred to in sections 115, 135, 506 of this title; 
title 49 section 5505.



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