Subdivision 1. Commissioner to cooperate with U.S. government. The commissioner may cooperate with the government of the United States and any agency or department thereof in the construction, improvement, enhancement, and maintenance of transportation in the state of Minnesota and may comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys.
Subd. 2. Federal aid, acceptance; commissioner as agent. The commissioner may accept federal moneys and other moneys, either public or private, for and in behalf of the state of Minnesota or any governmental subdivision thereof, or any nonpublic organization, for the construction, improvement, enhancement, or maintenance of transportation upon such terms and conditions as are or may be prescribed by the laws of the United States and any regulations made thereunder, and is authorized to act as an agent of that governmental subdivision or nonpublic organization upon its request in accepting the moneys in its behalf for transportation purposes, in acquiring right-of-way therefor, and in contracting for the construction, improvement, enhancement, or maintenance of transportation financed either in whole or in part by federal moneys. The governing body of any such subdivision or nonpublic organization is authorized to designate the commissioner as its agent for such purposes and to enter into an agreement with the commissioner prescribing the terms and conditions of the agency in accordance herewith and with federal laws and regulations.
Subd. 3. Commissioner as agent in certain cases. The commissioner may act as the agent of any political subdivision of the state, or any nonpublic organization, as provided herein, for the construction of transportation toward the construction of which no federal aid is available in the event that the construction adjoins, is connected, or in the judgment of the commissioner can be best and most economically performed in connection with construction upon which federal aid is available and upon which the commissioner is then acting as agent.
Subd. 4. State laws govern. All contracts for the construction, improvement, enhancement, or maintenance of transportation made by the commissioner as the agent of any governmental subdivision, or any nonpublic organization, shall be made pursuant to the laws of Minnesota governing the making of contracts for the construction, improvement, enhancement, and maintenance of transportation on the trunk highway system of the state; provided, where the construction, improvement, enhancement, or maintenance of any transportation is financed wholly with federal moneys, the commissioner as the agent of the governmental subdivision or nonpublic organization may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any regulations made thereunder, notwithstanding any state law to the contrary.
Subd. 5. Funds deposited in state treasury. All funds accepted for disbursement by the commissioner pursuant to this section shall be deposited in the state treasury and, unless otherwise prescribed by the authority from which the funds are received, kept in separate accounts designated according to the purposes for which the funds were made available and held by the state in trust for those purposes. All funds are appropriated for the purposes for which the funds are made available to be expended in accordance with this section and with federal laws and regulations. The commissioner may, whether acting for the state of Minnesota or as the agent of any of its governmental subdivisions or when requested by the United States government or any agency or department of the United States government, disburse funds for the designated purposes, but this shall not preclude any other authorized method of disbursement. For the purpose of providing sufficient funds in the accounts established pursuant to this subdivision to meet expenditure requirements occurring before federal or other public or private reimbursements, the commissioner of management and budget, at the request of the commissioner, may borrow from available balances of the county state-aid highway fund or the municipal state-aid street fund. The terms and conditions of any loans shall be determined by the commissioner of management and budget. The amount borrowed shall not exceed in the aggregate the amount of federal aid allotted to the construction of roads and bridges under the jurisdiction of governmental subdivisions and under project appropriation by the federal government. When there is sufficient money in the account that received the loan, the commissioner of management and budget shall transfer from that account to the other public fund the amount so loaned.
Subd. 6. No personal liability created. Nothing in this section shall be construed as creating any personal liability upon the commissioner or in any way authorizing the commissioner to create any liability on the part of the state of Minnesota when acting as the agent of any governmental subdivision thereof, or when acting at the request of the United States.
Subd. 7. MS 2018 [Repealed, 2019 c 50 art 1 s 130]
1959 c 500 art 2 s 36; 1981 c 209 s 5; 1982 c 376 s 1; 1986 c 444; 1996 c 455 art 3 s 9-12; 2003 c 112 art 2 s 50; 2009 c 9 s 1; 2009 c 101 art 2 s 109; 2013 c 117 art 3 s 36; 2014 c 227 art 1 s 5
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Section 161.04 — Trunk Highway Fund.
Section 161.081 — Highway User Tax, Distribution, Investment.
Section 161.082 — County Turnback Account, Expenditures.
Section 161.083 — Municipal Turnback Account, Expenditure.
Section 161.084 — Surplus Funds In Turnback Accounts.
Section 161.085 — Appropriation From Turnback Accounts.
Section 161.088 — Corridors Of Commerce Program.
Section 161.089 — Report On Dedicated Fund Expenditures.
Section 161.09 — Department Orders, Files, And Records.
Section 161.095 — Travel Expense For Job Applicants.
Section 161.10 — Investigations, Recommendations, Reports.
Section 161.11 — Compensation Insurance.
Section 161.114 — Constitutional Trunk Highways.
Section 161.115 — Additional Trunk Highways.
Section 161.117 — Trunk Highways; Additional Routes.
Section 161.12 — Additional Routes Added; Federal Aid.
Section 161.122 — Restrictions On Marked Trunk Highway 51.
Section 161.1231 — Parking Facilities For I-394.
Section 161.1245 — Highway Construction; Authorizations And Restrictions.
Section 161.125 — Sound Abatement Along Highways.
Section 161.139 — Highway Designation Costs.
Section 161.14 — Names And Designations Of Certain Highways.
Section 161.141 — Northwest Angle, Connecting Highway; Federal Approval.
Section 161.1419 — Mississippi River Parkway Commission.
Section 161.142 — Great River Road.
Section 161.148 — Great River Road, Location Of Route.
Section 161.15 — Specific Location; Limitation On Deviations.
Section 161.16 — Highway Designation, Vacation, Reversion, Survey.
Section 161.162 — Definitions.
Section 161.163 — Highway Project Review.
Section 161.164 — Final Layout Approval Process.
Section 161.165 — Commissioner Action; Interstate Highways.
Section 161.166 — Commissioner Action; Other Highways.
Section 161.167 — Reimbursement Of Expenses.
Section 161.18 — Prior Easements Vest In State.
Section 161.19 — Certain Records Obtained And Filed.
Section 161.20 — General Powers Of Commissioner.
Section 161.202 — Replacement Of Public Lands.
Section 161.23 — Excess Acquisition.
Section 161.231 — Appropriation; Proceeds From State Property.
Section 161.24 — Changes Required By Construction Of Trunk Highway.
Section 161.241 — Relocation Of Railroad Tracks, Acquisition Of Land.
Section 161.242 — Junk Yard Act.
Section 161.25 — Temporary Trunk Highway Detour; Haul Road.
Section 161.26 — Highway Maintained Across Portion Of Adjoining State.
Section 161.261 — Connector Segments With Other States.
Section 161.27 — Trunk Highways Across Bodies Of Water.
Section 161.28 — Altering Public Drainage Ditch By Trunk Highway.
Section 161.29 — Acquiring Toll Bridge For Trunk Highway System.
Section 161.30 — Marking Design.
Section 161.31 — Maps And Pamphlets.
Section 161.315 — Protection Of Public Contracts.
Section 161.32 — Contracting For Work On Trunk Highway.
Section 161.3203 — Contracts For Work For Trunk Highway.
Section 161.3206 — Best-value Contracting Authority.
Section 161.3207 — Construction Manager/general Contractor Contracts; Definitions.
Section 161.3208 — Construction Manager/general Contractor; Authority.
Section 161.3209 — Construction Manager/general Contractor; Procedures.
Section 161.321 — Small Business Contracts.
Section 161.3212 — Working Capital Fund.
Section 161.322 — Payment Of Interest To Contractors.
Section 161.33 — Employee Interest In Contract, Unlawful.
Section 161.34 — Contract Claims Against State.
Section 161.3410 — Design-build Contracts; Definitions.
Section 161.3412 — Design-build Authority.
Section 161.3414 — Determination To Use Design-build Selection Method.
Section 161.3416 — Design-build Notice; Report.
Section 161.3418 — Licensing Requirements.
Section 161.3420 — Design-build Rfq; Selection Team; Evaluation.
Section 161.3422 — Rfp For Design-build.
Section 161.3424 — Replacing Team Members.
Section 161.3426 — Design-build Award.
Section 161.361 — Advance Funding For Trunk Highway Projects.
Section 161.365 — Highway Contract Specifications; Minimum Wage.
Section 161.366 — Construction Contract; Taconite Relief Area.
Section 161.368 — Highway Contracts With Tribal Authorities.
Section 161.37 — Surplus Government Materials.
Section 161.38 — Special Agreements For Highways In Municipalities.
Section 161.39 — Aid To Other Road Authorities And State Departments.
Section 161.391 — Pavement Striping.
Section 161.40 — Joint Facilities With Division Of Emergency Management.
Section 161.41 — Surplus Property Not Needed For Highway Purposes.
Section 161.411 — Sale Of Surplus Earth Material.
Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.
Section 161.43 — Relinquishment Of Highway Easement.
Section 161.431 — Leasing Of Highway Easement.
Section 161.433 — Use Of Highway Airspace And Subsurface.
Section 161.434 — Interstate And Trunk Highway Rights-of-way; Limited Use.
Section 161.44 — Relinquishment Of Land No Longer Needed.
Section 161.441 — Land Acquisition Agreement With Others.
Section 161.442 — Reconveyance To Former Owner.
Section 161.45 — Utility On Highway Right-of-way; Relocation.
Section 161.46 — Reimbursement Of Utility.
Section 161.462 — Fiber Collaboration Database.
Section 161.465 — Reimbursement For Fire Services.