§ 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.
