republic-os/legal/us/code/title-23/chapter-3/section-308.md

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LegalText	23 U.S.C. § 308	Cooperation with Federal and State agencies and foreign countries	us	united_states_code	code_section	23	HIGHWAYS	3	GENERAL PROVISIONS	308	23 U.S.C. § 308	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc23@119-100.zip	/us/usc/t23/s308	data/legal/raw/us/code/title-23/usc23.xml	4c4ce15e232a18ffd9fcf4f61eae9c83051319da09b9008d83d8a27507174cfb	e416780887af9b032b058a30d5deabd208499e53ab0f2ba19007646ef6293cbe	79445f5d50988dfa0e44619052a4a35667ef6b2c20021324e1ce67f30841a293	2026-07-04	official	legal us-code

23 U.S.C. § 308 - Cooperation with Federal and State agencies and foreign countries

Text

(a) Authorized Activities.— (1) In general.— The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.

(2) Inclusions.— Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(3) Reimbursement.— Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.

(4) Alternative contracting methods.— (A) In general.— Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.

(B) Methods described.— The contracting methods referred to in subparagraph (A) shall include, at a minimum—

(i) project bundling;

(ii) bridge bundling;

(iii) design-build contracting;

(iv) 2-phase contracting;

(v) long-term concession agreements; and

(vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.

(b) Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the procurement, care, and handling of supplies, materials, and equipment for distribution to projects under the supervision of the Federal Highway Administration, or for sale or distribution to other Government agencies, cooperating foreign countries, and State cooperating agencies, and the cost of such supplies and materials or the value of such equipment, including the cost of transportation and handling, may be reimbursed to current applicable appropriations.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 914; Pub. L. 93–87, title I, § 152(5), Aug. 13, 1973, 87 Stat. 276; Pub. L. 112–141, div. A, title I, § 1521(f), July 6, 2012, 126 Stat. 579; Pub. L. 117–58, div. A, title I, § 11305(b), Nov. 15, 2021, 135 Stat. 532.)

Notes

Editorial Notes

References in TextSection 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to section 4634 of Title 42, The Public Health and Welfare.

Amendments2021—Subsec. (a)(4). Pub. L. 117–58 added par. (4). 2012—Subsec. (a). Pub. L. 112–141 added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary is authorized to perform by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Government agencies, cooperating foreign countries, and State cooperating agencies, and reimbursement for such services, which may include depreciation on engineering and roadbuilding equipment used, shall be credited to the appropriation concerned.” 1973—Subsec. (b). Pub. L. 93–87 substituted “Federal Highway Administration” for “Bureau of Public Roads” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentAmendment 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.

Effective Date of 2012 AmendmentPub. L. 112–141, div. A, title I, § 1521(g), July 6, 2012, 126 Stat. 579, provided that: “(1) In general.—Except as provided in paragraph (2), the amendments made by this section [enacting section 4634 of Title 42, The Public Health and Welfare, and amending this section and sections 4622 to 4624 and 4633 of Title 42] shall take effect on the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title]. “(2) Exception.—The amendments made by subsections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of enactment of this Act.”