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$ 136. Control of junkyards.

(a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.

(b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the establishment and maintenance along the Interstate System and the primary system of outdoor junkyards, which are within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.

(c) Effective control means that by January 1, 1968, such junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.

(d) The term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(e) The term "automobile graveyard" shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(f) The term "junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

(g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-of-way and which are zoned in

dustrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary.

(h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970.

(1) The Federal share of landscaping and screening costs under this section shall be 75 per centum.

(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of the following junkyards

(1) those lawfully in existence on the date of enactment of this subsection.

(2) those lawfully along any highway made a part of the interstate or primary system on or after the enactment of this subsection and before January 1, 1968, and

(3) those lawfully established or after January 1, 1968. The Federal share of such compensation shall be 75 per centum.

(k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section.

(1) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junkyards on the Federal-aid highway systems than those established under this section.

(m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967. (Added Pub. L. 89-285, title II, $ 201, Oct. 22, 1965, 79 Stat. 1030, and amended Pub. L. 89-574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, $ 6(c), Aug. 23, 1968, 82 Stat. 818; Pub. L. 91-605, title I, § 122(b), Dec. 31, 1970, 84 Stat. 1726.)

AMENDMENTS 1970-Subsec. (m). Pub. L. 91-605 authorized to be appropriated not to exceed $3,000,000, $3,000,000, and $5,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively.

1968-Subsec. (m). Pub. L. 90-495 added provision authorizing an appropriation of not to exceed $3,000,000 for the fiscal year ending June 30, 1970.

1966—Subsec. (m). Pub. L. 89-574 substituted provisions making applicable to the funds authorized to be appropriated to carry out this section after June 30, 1967, the provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds for provisions prohibiting the use of any part of the Highway Trust Fund in carrying out this section.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective August 23, 1968, see section 37 of Pub. L. 90-495, set out as a note under section 502 of this title.

30, 1967, and not to exceed $20,000,000 for the fiscal year ending June 30, 1970. The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this subsection after June 30, 1967. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89-285, title III, § 301(a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89-574, § 8(b), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90-495, $ 6(f), Aug. 23, 1968, 82 Stat. 818.)

SHORT TITLE Section 403 of Pub. L. 89-285 provided that: “This Act (enacting this section and provisions set out as notes under sections 131 and 135 of this title and amending sections 131 and 319 of this title] may be cited as the ‘Highway Beautification Act of 1965'."

ACQUISITION OF DWELLINGS Prohibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89-285, see section 305 of Pub. L. 89285, set out as a note under section 131 of this title. TAKING OF PRIVATE PROPERTY WITHOUT JUST

COMPENSATION Prohibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89-285, see section 401 of Pub. L. 89-285, set out as a note under section 131 of this title.

AMENDMENTS 1968–Subsec. (b). Pub. L. 90-495 added provisions authorizing an appropriation of not to exceed $20,000,000 for the fiscal year ending June 30, 1970.

1966–Subsec. (b). Pub. L. 89-574 substituted provisions making applicable to the funds authorized to be appropriated to carry out this subsection after June 30. 1967, the provisions of chapter 1 of this title relating to the obligations, period of availability, and expenditure of Federal-ald primary highway funds for provisions prohibiting the use of any part of the Highway Trust Fund in carrying out this subsection.

1965—Pub. L. 89-285 rearranged the section structure ally, made provision for apportionment of an amount, in addition to the state's annual apportionment, equivalent to 3 per centum of the fund annually apportioned to the state for federal-aid highways to acquire interests and improvements for restoration, preservation, and enhancement of scenic beauty adjacent to Federal-aid highways, authorized appropriations of $120,000,000 for fiscal year ending June 30, 1966, and $120,000,000 for fiscal year ending June 30, 1967, and prohibited use of Highway Trust Fund moneys in carrying out the scenic enhancement provisions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 137 of this title.

*

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective August 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 502 of this title.

8 319. Landscaping and scenic enhancement.

(a) The Secretary may approve as a part of the construction of Federal-aid highways the costs of landscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the traveling public.

(b) An amount equivalent to 3 per centum of the funds apportioned to a State for Federal-aid highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside development within the highway rightof-way and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public, without being matched by the State. The Secretary may authorize exceptions from this requirement, upon application of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds not used as required by this subsection shall lapse. There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, not to exceed $120,000,000 for the fiscal year ending June

TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (a) (1), (6) of Title 49, Transportation.

ACQUISITION OF DWELLINGS Prohibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89-285, see section 305 of Pub. L. 89285, set out as a note under section 131 of this title.

TAKING OF PRIVATE PROPERTY WITHOUT JUST

COMPENSATION Prohibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89-285, see section 401 of Pub. L. 89-285, set out as a note under section 131 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 137 of this title.

3. Preserve Wildlife Refuges and Maintenance of Natural Beauty on Lands

Traversed by Highway Projects

49 U.S.C. 1653

$ 1653. General provisions.

(f) Maintenance and enhancement of natural beauty

of land traversed by transportation lines. It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of the interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the

lands traversed. After August 23, 1968, the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significane as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.

4. Related Highway Legislation

23 U.S.C. 138, 204–207, 317, 319

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495, set out as a note under section 502 of this title.

$ 138. Preservation of parklands.

It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use. (Added Pub. L. 89–574, $ 15(a), Sept. 13, 1966, 80 Stat. 771, and amended Pub. L. 90-495, $ 18(a), Aug. 23, 1968, 82 Stat. 823.)

REFERENCES IN TEXT The effective date of the Federal-Ald Highway Act of 1968, referred to in text, is the effective date of Pub. L. 90-495, which took effect on Aug. 23, 1968.

AMENDMENTS 1968-Pub. L. 90-495 amended section generally so as to make it clear that the section does not constitute a mandatory prohibition against the use of enumerated lands but rather is a discretionary authority.

8 204. Forest highways.

(a) Funds available for forest highways shall be used by the Secretary to pay for the cost of construction and maintenance thereof. In connection therewith, the Secretary may enter into construction contracts and such other contracts with a State, or civil subdivision thereof as he deems advisable.

(b) Cooperation of States, counties, or other local subdivisions, may be accepted but shall not be required by the Secretary.

(c) Construction estimated to cost $5.000 or more per mile, exclusive of bridges, shall be advertised and let to contract. If such estimated cost is less than $5,000 per mile or if, after proper advertising. no acceptable bid is received or the bids are deenied excessive, the work may bo done by the Secretary on his own account. For such purpose, the Secretary may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, materials, tools, equipment, and facilities required to perform the work. and may pay wages, salaries, and oher exper::es for help employeci in connection rith such work.

d) All appropriations for forest highways shali he adninistered in conformity with resulations jointly approved by the Secretary and the Secretary of Ariculture,

le) The Secretary shali transicr to the S:cretary of Agriculture from appropriate:15 Tor forest birk:Ways such anois as may be liteded to corer

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 211, 315 of this title.

necessary administrative expenses of the Forest Service in conneciion with the forest-righway program

1) Funds available for crest highways shail be available for adjacent vehicular narkiris areas and lor sänitary, water, and fire control facilities. (Pub. L. 85–767, Aug. 27, 1958. 72 Stat 907.)

TRANSFER OF FUNCTIONS All ?unctions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670. Oct. 15. 1866, 80 Stat, 931, which created the Department of 'Trasportation. See section 1655(&) (i), (6) of Title 49. Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 211, 315 of this title.

8 206. Park roads and trails.

(a) Funds available for park roads and trails shall be used to pay for the cost of construction and improvement thereof.

(b) Appropriations for the construction and improvement of park roads shall be administered in conformity with regulations jointly approved by the Secretary and the Secretary of Interior. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908.)

TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Depart. ment of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89–670. Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(a) (1), (6) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 315 of this title.

§ 205. Forest development roads and trails.

(a) Furds available for forest development roads and tralls shall be used by the Secretary of Agricuiture to pay for the costs of construction and maintenance thereof, including roads and trails on experimental and other areas under Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with & State or civil subdivision thereof, and issue sucli regulations as he deems advisable.

(b) Cooperation oi States, courties, or other locai subdivisions may be accepted but shall not be required by the Secretary of Agriculture,

(c) Construction estimated to cost $15.000 or more per mile or $15,000 or more per project for projects with a length of less than one inile, exclusive of bridges and erigineering, shall be advertised and let to contract. If such estimated cost is less than $15,000 per mile or $15,000 per project for projects with a length of less than one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account.

(d) Funds available for forest development roads and trails shall be available for adjacent vehicular parking areas and for sanitary, water, and fire control facilities. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 86–657, $ 8(c), July 14, 1960, 74 Stat. 524; Pub. L. 88–423, $ 4(d), Aug. 13, 1964, 78 Stat. 398; Pub. L. 90-495, 89, Aug. 23, 1968, 82 Stat. 820.)

AMENDMENTS 1968–Subsec. (a). Pub. L. 90–495 increased from $10,000 to $15,000 the cost limitation on construction per mile, or per project for projects of less than a mile, which the Forest Service may construct on its own account and struck out provisions spelling out the functions which the Secretary of Agriculture is authorized to perform in carrying out such construction.

1964-Subsec. (a). Pub. L. 88–423 inserted "and other" following "experimental."

1960—Subsec. (a). Pub. L. 86–657 substituted "may enter into contracts" for "may enter into construction contracts."

§ 207. Parkways.

(a) Funds available for parkways shall be used to pay for the cost of construction and improvement thereof.

(b) Appropriations for the construction of parkways shall be administered in conformity with regulations jointly approved by the Secretary and the Secretary of the Interior.

(c) The location of parkways upon public lands, national forests, or other Federal reservations, shall be determined by agreement between the department having jurisdiction over such lands and the Secretary of the Interior. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908.)

TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(a) (1). (6) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 315 of this title.

8317. Appropriation for highway purposes of lands or

interests in lands owned by the United States. (a) If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appropriate.

(b) If within a period of four months after such

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495, set out as a note under section 502 of this title.

filing, the Secretary of such Department shall not have certified to the Secretary that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department, or its nominee, for such purposes and subject to the conditions so specified.

(c) If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated.

(d) The provisions of this section shall apply only to projects constructed on a Federal-aid system or under the provisions of chapter 2 of this title. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916.)

TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(a) (1), (6) of Title 49, Transportation.

other facilises reasonably necessary to accommodate the traveling pub:ic.

(b) An amount equivalent to 3 per centum of the funds apportioned to a State for Federal-ald highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside developnient within the highway rightof-w2y and for acquisition of Interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public, without being matched by the Slate. The Secretary may authorize exceptions from this requirement, upon appiication of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds not used as required by this subsection shall lapse. There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwisc appropriated, not to exceed 3120,000,000 for the Ascal year ending June 30, 1966, .200 to exceed $120.000.000 for the fiscal year ending June 30, 1967, and not to exceed $20.000.000 for the fiscal year ending June 30, 1970. Tire provisions of chapter 1 of this title relating to the obligation, period of Availability, and expenditure oi Federal-ald primary highway funds shall apply to the funds authorized to be appropriated to carry out this subsection after June 30, 1967. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89-285, title III, $ 301(a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89-574, § 8(b), Sept. 13, 1966. 80 Stat. 768; Pub. L. 90-495, $ 611), Aug. 23, 1968, 82 Stat. 818.)

$319. Landscaping and scenic enhancement.

(&) The Secretary may approve as a part of the construction of Federal-aid highways the costs of jordscape and roadside development, including acquisition ard development of publicly owned and controlled rest and recreation areas and sanitary and

5. Land and Water Conservation Fund Act

16 U.S.C. 460

EFFECTIVE DATE Section 1(a) of Pub. L. 88–578 provided in part that Pub. L. 88-578, which enacted sections 4601-4 to 4601-11, amended section 460d, and repealed section 14 of this title, and amended provisions set out as a note under section 120 of Title 23, Highways, shall become effective on Jan. 1, 1965.

$ 4601-4. Land and water conservation provisions;

statement of purposes. The purposes of sections 4601-4 to 4601-11 of this title are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality oi the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas. (Pub. L. 88– 578, title I, § 1(b), Sept. 3, 1964, 78 Stat. 897.)

SHORT TITLE Section 1(a) of Pub. L. 88–578 provided in part that: "This Act (which enacted sections 4601-4 to 4601-11, amended section 460d, and repealed section 14 of this title, and amended provisions set out as a note under sectlon 120 of Title 23, Highways) may be cited as the 'Land and Water Conservation Fund Act of 1965'."

SURVEY OF ENTRANCE AND USER FEES; REPORT BY

FEBRUARY 1, 1971 Section 4 of Pub. L. 91-308, July 7, 1970, 84 Stat. 410, provided that: "On or before February 1, 1971, the Secretary of the Interior shall complete a survey as to the policy to be implemented with regard to entrance and user fees and report his findings to the Senate and House Committees on Interior and Insular Affairs."

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