Title 23HighwaysRelease 119-73

§308 Cooperation with Federal and State agencies and foreign countries

Title 23 › Chapter CHAPTER 3— - GENERAL PROVISIONS › § 308

Last updated Apr 6, 2026|Official source

Summary

The Secretary can provide engineering and other highway services, by contract or other means, for other federal agencies, cooperating foreign countries, and state partners. Those services can include work allowed under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Money repaid for these services, including depreciation on engineering and road‑building equipment, must go back into the proper appropriation. Even if other laws (including the Federal Acquisition Regulation) say otherwise, the Secretary may use any contracting method a State can use under this title, such as project or bridge bundling, design‑build, 2‑phase contracts, long‑term concessions, and experimental contracting methods. Funds for the Federal Highway Administration can be used for warehouse upkeep and for buying, storing, and handling supplies, materials, and equipment for FHWA projects or for sale or transfer to other government agencies, cooperating foreign countries, and state partners. The cost or value of those items, including transportation and handling, may be reimbursed to the same appropriation.

Full Legal Text

Title 23, §308

Highways — Source: USLM XML via OLRC

(a)(1)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)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 for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.
(4)(A)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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.

Amendments

2021—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 Amendment Pub. 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.”

Reference

Citations & Metadata

Citation

23 U.S.C. § 308

Title 23Highways

Last Updated

Apr 6, 2026

Release point: 119-73