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- tended after December 20, 1944, or for the recon- struction or relocation of any highway which has been or may be closed or the usefulness of which has been may be impaired by the location or construction of any airport constructed or ex- tended after December 20, 1944, unless, prior to such construction or extension, as the case may be, the State transportation department and the Secretary have concurred with the officials in charge of the airport that the location of such airport or extension thereof and the consequent reconstruction or relocation of the highway are in the public interest. (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.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation department’’ for ‘‘State highway department’’. § 319. Landscaping and scenic enhancement (a) LANDSCAPE AND ROADSIDE DEVELOPMENT.— The Secretary may approve as a part of the con- struction 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 nec- essary 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 for- age for pollinators) adjacent to such highways. (b) PLANTING OF WILDFLOWERS.— (1) GENERAL RULE.—The Secretary shall re- quire the planting of native wildflower seeds or seedlings, or both, as part of any land- scaping project under this section. At least 1⁄4 of 1 percent of the funds expended for such landscaping project shall be used for such plantings. (2) WAIVER.—The requirements of this sub- section may be waived by the Secretary if a State certifies that native wildflowers or seed- lings cannot be grown satisfactorily or plant- ing areas are limited or otherwise used for ag- ricultural purposes. (3) GIFTS.—Nothing in this subsection shall be construed to prohibit the acceptance of na- tive 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 conjunc- tion with willing States, as appropriate— (1) encourage integrated vegetation manage- ment practices on roadsides and other trans- portation rights-of-way, including reduced mowing; and (2) encourage the development of habitat and forage for Monarch butterflies, other na- tive pollinators, and honey bees through plantings of native forbs and grasses, includ- ing noninvasive, native milkweed species that can serve as migratory way stations for but- terflies and facilitate migrations of other pol- linators. (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; Pub. L. 94–280, title I, § 136(a), May 5, 1976, 90 Stat. 442; Pub. L. 100–17, title I, § 130, Apr. 2, 1987, 101 Stat. 169; Pub. L. 114–94, div. A, title I, § 1415(a), Dec. 4, 2015, 129 Stat. 1421.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94, § 1415(a)(1), inserted ‘‘(including the enhancement of habitat and forage for pollinators)’’ before ‘‘adjacent’’. Subsec. (c). Pub. L. 114–94, § 1415(a)(2), added subsec. (c). 1987—Pub. L. 100–17 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1976—Pub. L. 94–280, in revising section, struck out subsec. (a) designation for existing text; incorporated as part of the section provision of former subsec. (b) for acquisition of interests in and improvement of strips of Page 356 TITLE 23—HIGHWAYS § 320 land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to Federal-aid highways; and struck out subsec. (b) designation and other subsec. (b) provisions relating to: allocation to a State out of appropriated funds an amount equivalent to 3 per centum of funds apportioned to a State for Fed- eral-aid highways for landscape and roadside develop- ment use within the highway right-of-way, 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 without being matched by the State; au- thorization of Secretary to except a State from the re- quirement upon a showing that amount is in excess of the State needs for the purposes; lapse of unused funds; appropriations authorization of $120,000,000 for fiscal years ending June 30, 1966, and 1967, and $20,000,000 for fiscal year ending June 30, 1970; and provision making chapter 1 respecting obligation, period of availability, and expenditure of Federal-aid primary highway funds applicable to funds authorized to be appropriated to carry out subsec. (b) after June 30, 1967. 1968—Subsec. (b). Pub. L. 90–495 inserted 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 provi- sions 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-aid 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 section structurally, made provision for apportionment of an amount, in ad- dition 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 en- hancement 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 fis- cal year ending June 30, 1967, and prohibited use of Highway Trust Fund moneys in carrying out the scenic enhancement provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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 101 of this title. CONTINUING AVAILABILITY OF APPROPRIATED FUNDS FOR APPROPRIATION, OBLIGATION, AND EXPENDITURE Pub. L. 94–280, title I, § 136(b), May 5, 1976, 90 Stat. 443, provided that all sums authorized to be appropriated to carry out this section as in effect immediately before May 5, 1976, would continue to be available for appro- priation, obligation, and expenditure in accordance with former subsec. (b) of this section. NATIONAL SCENIC HIGHWAY SYSTEM STUDY AND USER ACCESS STUDY FOR PARKS AND RECREATION AREAS Pub. L. 93–87, title I, § 134, Aug. 13, 1973, 87 Stat. 268, mandated a study to determine the feasibility of a sce- nic highway system to link together recreational, his- torical sites, and a study of user access to parks and recreational areas, including alternatives to private automobiles, the results of the studies to be reported to Congress no later than July 1, 1974, and Jan. 1, 1975, re- spectively. ACQUISITION OF DWELLINGS Prohibition against the use of eminent domain to ac- quire any dwelling (including related buildings) under the terms of Pub. L. 89–285, see section 305 of Pub. L. 89–285, 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. § 320. Bridges on Federal dams (a) Each executive department, independent establishment, office, board, bureau, commis- sion, authority, administration, corporation wholly owned or controlled by the United States, or other agency of the Government of the United States, hereinafter collectively and individually referred to as ‘‘agency’’, which on or after July 29, 1946, has jurisdiction over and custody of any dam constructed or to be con- structed and owned by or for the United States, is authorized, with any funds available to it, to design and construct any such dam in such man- ner that it will constitute and serve as a suit- able and adequate foundation to support a pub- lic highway bridge upon and across such dam, and to design and construct upon the foundation thus provided a public highway bridge upon and across such dam. The highway department of the State in which such dam shall be located, jointly with the Secretary, shall first determine and certify to such agency that such bridge is economically desirable and needed as a link in the State or Federal-aid highway systems, and shall request such agency to design and con- struct such dam so that it will serve as a suit- able and adequate foundation for a public high- way bridge and to design and construct such public highway bridge upon and across such dam, and shall agree to reimburse such agency pursuant to subsection (d) of this section for any additional costs which it may be required to incur because of the design and construction of such dam so that it will serve as a foundation for a public highway bridge and for expenditures which it may find it necessary to make in de- signing and constructing such public highway bridge upon and across such dam. In no case shall the design and construction of a bridge upon and across such dam be undertaken here- under except by the agency having jurisdiction over and custody of the dam, acting directly or through contractors employed by it, and after such agency shall determine that it will be structurally feasible and will not interfere with the proper functioning and operation of the dam. (b) Construction of any bridge upon and across any dam pursuant to this section shall not be commenced unless and until the State in which such bridge is to be located, or the appropriate subdivision of such State, shall enter into an agreement with such agency and with the Sec- retary to construct, or cause to be constructed, with or without the aid of Federal funds, the ap- proach roads necessary to connect such bridge with existing public highways and to maintain,