PUBLIC LAW 104-59—NOV. 28, 1995 109 STAT. 591 SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FED- ERALLY ASSISTED PROJECTS. Section 323 of title 23, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: "(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERV- ICES. — 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 highway department shall be credited against the State share.". SEC. 323. DISCOVERY ANI> ADMISSION AS EVIDENCE OF CERTAIN REPORTS AND SURVEYS. Section 409 of title 23, United States Code, is amended by inserting "or collected" after "compiled". SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) TECHNICAL AMENDMENT.— Section 410(d)(1)(E) of title 23, United States Code, is amended by striking "the date of enactment of this section" and inserting "December 18, 1991". (b) BASIC GRANT ELIGIBILITY. — Section 410(d) of such title is amended— (1) in paragraph (3)— (A) by inserting "(A)" after "(3)"; and (B) by adding at the end the following: "(B) A State shall be treated as having met the requirement of this paragraph if— "(i) the State provides to the Secretary a written certification that the highest court of the State has issued a decision indicating that implementation of subparagraph (A) would constitute a violation of the constitution of the State; and "(ii) the State demonstrates to the satisfaction of the Secretary that— "(I) the alcohol fatal crash involvement rate in the State has decreased in each of the 3 most recent calendar years for which statistics for determining such rate are available; and "(II) the alcohol fatal crash involvement rate in the State has been lower than the average such rate for all States in each of such calendar years."; and (2) by adding at the end the following: "(7) Any individual under age 21 with a blood alcohol concentration of 0.02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated or driving under the influeiM;e of alcohol.". (c) SUPPLEMENTAL GRANTS. —Section 410(f) of such title is amended by striking paragraph (1) and redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE. (a) RAILWAY-HIGHWAY CROSSINGS REPORT. —The third sentence of section 130(g) of title 23, United States Code, is amended by
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