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23 U.S.C. § 319 — Landscaping and scenic enhancement

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 319 — Landscaping and scenic enhancement

**(a) Landscape and Roadside Development.—** 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, and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty (including the enhancement of habitat and forage for pollinators) adjacent to such highways. **(b) Planting of Wildflowers.—** (1) **General rule.—** — The Secretary shall require the planting of native wildflower seeds or seedlings, or both, as part of any landscaping project under this section. At least ¼ of 1 percent of the funds expended for such landscaping project shall be used for such plantings. (2) **Waiver.—** — The requirements of this subsection may be waived by the Secretary if a State certifies that native wildflowers or seedlings cannot be grown satisfactorily or planting areas are limited or otherwise used for agricultural purposes. (3) **Gifts.—** — Nothing in this subsection shall be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by civic organizations or other organizations and individuals to be used in landscaping projects. **(c) Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way.—** In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate— (1) encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including redu

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Stable record: federal_law:legal_authorities:record_usc_39828fd82421815339b17264
Source file: Laws/federal/codes/united-states-code/title-23/section-319-landscaping-and-scenic-enhancement--147e22e9b5.md
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Source location: Title 23, Chapter 3, § 319; chapter-003-general-provisions.md

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**(a) Landscape and Roadside Development.—** 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, and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty (including the enhancement of habitat and forage for pollinators) adjacent to such highways. **(b) Planting of Wildflowers.—** (1) **General rule.—** — The Secretary shall require the planting of native wildflower seeds or seedlings, or both, as part of any landscaping project under this section. At least ¼ of 1 percent of the funds expended for such landscaping project shall be used for such plantings. (2) **Waiver.—** — The requirements of this subsection may be waived by the Secretary if a State certifies that native wildflowers or seedlings cannot be grown satisfactorily or planting areas are limited or otherwise used for agricultural purposes. (3) **Gifts.—** — Nothing in this subsection shall be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by civic organizations or other organizations and individuals to be used in landscaping projects. **(c) Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way.—** In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate— (1) encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and (2) encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 131 — Control of outdoor advertising

**(a)** The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices 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 erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, and Federal-aid highway funds apportioned on or after January 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of those additional outdoor advertising signs, displays, and devices which are more than six hundred and sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim), until such time as such State shall provide for such effective con

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 319 — Landscaping and scenic enhancement

Page 355 TITLE 23—HIGHWAYS § 319 rials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate pro- tection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State transportation depart- ment, or its nominee, for such purposes and sub- ject 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 transportation department to the Sec- retary and such lands or materials shall imme- diately revert to the control of the Secretary of the Department from which they had been ap- propriated. (d) The provisions of this section shall apply only to projects constructed on a Federal-aid highway or under the provisions of chapter 2 of this title. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1104(c)(6), July 6, 2012, 126 Stat. 427.) Editorial Notes AMENDMENTS 2012—Subsec. (d). Pub. L. 112–141 substituted ‘‘high- way’’ for ‘‘system’’. 1998—Subsecs. (b), (c). Pub. L. 105–178 substituted ‘‘State transportation department’’ for ‘‘State highway department’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. § 318. Highway relocation due to airport Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or ex- t

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