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

Page 161 TITLE 23—HIGHWAYS § 131 fiscal year ending September 30, 1980, $100,000,000 for the fiscal year ending September 30, 1981, and $100,000,000 for the fiscal year ending September 30, 1982, and $50,000,000 for the fiscal year ending Sep- tember 30, 1983, and $50,000,000 for the fiscal year ending September 30, 1984, and $50,000,000 for the fiscal year ending September 30, 1985, and $50,000,000 for the fiscal year ending September 30, 1986, and $15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994, except that not more than two- thirds of all funds authorized and expended under au- thority of this section in any fiscal year shall be appro- priated out of the Highway Trust fund. Notwith- standing any other provision of this section, any project which is not under construction, according to the Secretary of Transportation, by September 30, 1985, shall not be eligible for additional funds under this au- thorization. ‘‘(q) The Secretary, in cooperation with State high- way departments and local officials, shall conduct a full and complete investigation and study of the prob- lem of providing increased highway safety by the relo- cation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting from such investigation and study not later than July 1, 1975, including an esti- mate of the cost of such a program. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation and study required by this subsection.’’ DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSS- INGS; INCLUSION OF PROJECTS AT TERRE HAUTE, INDI- ANA Pub. L. 94–387, title I, § 101, Aug. 14, 1976, 90 Stat. 1176, provided in part: ‘‘That section 163 of Public Law 93–87 [set out as a note above] is hereby amended to include projects at Terre Haute, Indiana.’’ RAILROAD-HIGHWAY CROSSINGS Pub. L. 93–87, title II, § 203, Aug. 13, 1973, 87 Stat. 283, as amended by Pub. L. 94–280, title II, § 203, May 5, 1976, 90 Stat. 452; Pub. L. 95–599, title II, § 203, Nov. 6, 1978, 92 Stat. 2728; Pub. L. 96–470, title II, § 209(d), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–327, § 5(b), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97–424, title II, § 205, Jan. 6, 1983, 96 Stat. 2139, which directed each State to conduct a survey of all highways to identify those railway crossings requir- ing separation, relocation, or protective devices and to establish and implement a schedule of projects for such purpose, which at a minimum was to provide for signs at all crossings, authorized appropriations for elimi- nation of hazards of railway-highway crossings, pro- vided for State apportionments and for the Federal share of the costs of projects, required each State to annually report to the Secretary of Transportation and the Secretary of Transportation to annually report to Congress on progress in implementing railroad-high- way crossings program, and authorized use of matching funds with local governments for improvement of rail- road crossings, was repealed by Pub. L. 100–17, title I, § 121(b), Apr. 2, 1987, 101 Stat. 160. Highway authorizations provisions of section 104(a)(1) and (2) of Pub. L. 93–87, title I, Aug. 13, 1973, 87 Stat. 251, referred to in section 203(d) of Pub. L. 93–87 provided that: ‘‘(a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: ‘‘(1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 1974, $700,000,000 for the fiscal year ending June 30, 1975, and $700,000,000 for the fiscal year ending June 30, 1976. For the Federal-aid secondary system in rural areas, out of Highway Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal year ending June 30, 1976. ‘‘(2) For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending June 30, 1974, $800,000,000 for the fiscal year end- ing June 30, 1975, and $800,000,000 for the fiscal year end- ing June 30, 1976. For the extensions of the Federal-aid primary and secondary systems in urban areas, out of the Highway Trust Fund $290,000,000 for the fiscal year ending June 30, 1974, $300,000,000 for the fiscal year end- ing June 30, 1975, and $300,000,000 for the fiscal year end- ing June 30, 1976.’’ § 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 pri- mary 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 mainte- nance along the Interstate System and the pri- mary system of outdoor advertising signs, dis- plays, 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 ap- portioned 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 erec- tion and maintenance along the Interstate Sys- tem 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, until such time as such State shall provide for such effective con- trol. Any amount which is withheld from appor- tionment to any State hereunder shall be re- apportioned 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 sub- section to a State. (c) Effective control means that such signs, displays, or devices after January 1, 1968, if lo- cated within six hundred and sixty feet of the right-of-way and, on or after July 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, if lo- cated beyond six hundred and sixty feet of the right-of-way located outside of urban areas, visi- ble from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way, shall, pursuant to this section, be limited to (1) direc- tional and official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are re- quired or authorized by law, which shall con- form to national standards hereby authorized to be promulgated by the Secretary hereunder, Page 162 TITLE 23—HIGHWAYS § 131 which standards shall contain provisions con- cerning lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located, (3) signs, displays, and devices, including those which may be changed at reasonable intervals by electronic process or by remote control, ad- vertising activities conducted on the property on which they are located, (4) signs lawfully in existence on October 22, 1965, determined by the State, subject to the approval of the Secretary, to be landmark signs, including signs on farm structures or natural surfaces, or historic or ar- tistic significance the preservation of which would be consistent with the purposes of this section, and (5) signs, displays, and devices ad- vertising the distribution by nonprofit organiza- tions of free coffee to individuals traveling on the Interstate System or the primary system. For the purposes of this subsection, the term ‘‘free coffee’’ shall include coffee for which a do- nation may be made, but is not required. (d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with cus- tomary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hun- dred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Inter- state and primary systems which are zoned in- dustrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement be- tween the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or in- dustrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act. Whenever a bona fide State, county, or local zoning authority has made a determina- tion of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas with- in the geographical jurisdiction of such author- ity. Nothing in this subsection shall apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section. (e) Any sign, display, or device lawfully in ex- istence along the Interstate System or the Fed- eral-aid primary system on September 1, 1965, which does not conform to this section shall not be required to be removed until July 1, 1970. Any other sign, display, or device lawfully erected which does not conform to this section shall not be required to be removed until the end of the fifth year after it becomes nonconforming. (f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from inter- changes on the Interstate System, on which signs, displays, and devices giving specific infor- mation in the interest of the traveling public may be erected and maintained. The Secretary may also, in consultation with the States, pro- vide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving specific information in the inter- est of the traveling public may be erected and maintained. Such signs shall conform to na- tional standards to be promulgated by the Sec- retary. (g) Just compensation shall be paid upon the removal of any outdoor advertising sign, dis- play, or device lawfully erected under State law and not permitted under subsection (c) of this section, whether or not removed pursuant to or because of this section. The Federal share of such compensation shall be 75 per centum. Such compensation shall be paid for the following: (A) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and (B) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. (h) All public lands or reservations of the United States which are adjacent to any portion of the Interstate System and the primary sys- tem shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary. (i) In order to provide information in the spe- cific interest of the traveling public, the State transportation departments are authorized to maintain maps and to permit information direc- tories and advertising pamphlets to be made available at safety rest areas. Subject to the ap- proval of the Secretary, a State may also estab- lish information centers at safety rest areas and other travel information systems within the rights-of-way for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. The Federal share of the cost of establishing such an information center or travel information system shall be that which is provided in section 120 for a highway project on that Federal-aid system to be served by such center or system. A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the system, provided that such signs shall not affect the safe and efficient utilization of the Interstate Sys- tem and the primary system. The Secretary shall establish criteria for the installation of such signs on the main traveled way, including criteria pertaining to the placement of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas. (j) Any State transportation department which has, under this section as in effect on June 30, 1965, entered into an agreement with the Secretary to control the erection and main- tenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System shall be entitled to receive the bonus payments as set forth in the agreement, but no such State transportation department shall be entitled to such payments unless the State maintains the control required under such agreement: Provided, That permission by a State to erect and maintain information displays which may be changed at reasonable intervals Page 163 TITLE 23—HIGHWAYS § 131 by electronic process or remote control and which provide public service information or ad- vertise activities conducted on the property on which they are located shall not be considered a breach of such agreement or the control re- quired thereunder. Such payments shall be paid only from appropriations made to carry out this section. The provisions of this subsection shall not be construed to exempt any State from con- trolling outdoor advertising as otherwise pro- vided in this section. (k) Subject to compliance with subsection (g) of this section for the payment of just com- pensation, nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to signs, dis- plays, and devices on the Federal-aid highway systems than those established under this sec- tion. (l) Not less than sixty days before making a final determination to withhold funds from a State under subsection (b) of this section, or to do so under subsection (b) of section 136, or with respect to failing to agree as to the size, light- ing, and spacing of signs, displays, and devices or as to unzoned commercial or industrial areas in which signs, displays, and devices may be erected and maintained under subsection (d) of this section, or with respect to failure to ap- prove under subsection (g) of section 136, the Secretary shall give written notice to the State of his proposed determination and a statement of the reasons therefor, and during such period shall give the State an opportunity for a hearing on such determination. Following such hearing the Secretary shall issue a written order setting forth his final determination and shall furnish a copy of such order to the State. Within forty- five days of receipt of such order, the State may appeal such order to any United States district court for such State, and upon the filing of such appeal such order shall be stayed until final judgment has been entered on such appeal. Sum- mons may be served at any place in the United States. The court shall have jurisdiction to af- firm the determination of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the United States court of appeals for the circuit in which the State is located and to the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. If any part of an ap- portionment to a State is withheld by the Sec- retary under subsection (b) of this section or subsection (b) of section 136, the amount so withheld shall not be reapportioned to the other States as long as a suit brought by such State under this subsection is pending. Such amount shall remain available for apportionment in ac- cordance with the final judgment and this sub- section. Funds withheld from apportionment and subsequently apportioned or reapportioned under this section shall be available for expendi- ture for three full fiscal years after the date of such apportionment or reapportionment as the case may be. (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appro- priated, 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 $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to ex- ceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fis- cal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid pri- mary highway funds shall apply to the funds au- thorized to be appropriated to carry out this sec- tion after June 30, 1967. A State may use any funds apportioned to it under section 104 of this title for removal of any sign, display, or device lawfully erected which does not conform to this section. (n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment. Funds appor- tioned to a State under section 104 of this title shall not be treated for purposes of the pre- ceding sentence as being available to the State for making such a payment except to the extent that the State, in its discretion, expends such funds for such a payment. (o) The Secretary may approve the request of a State to permit retention in specific areas de- fined by such State of directional signs, dis- plays, and devices lawfully erected under State law in force at the time of their erection which do not conform to the requirements of sub- section (c), where such signs, displays, and de- vices are in existence on the date of enactment of this subsection and where the State dem- onstrates that such signs, displays, and devices (1) provide directional information about goods and services in the interest of the traveling pub- lic, and (2) are such that removal would work a substantial economic hardship in such defined area. (p) In the case of any sign, display, or device required to be removed under this section prior to the date of enactment of the Federal-Aid Highway Act of 1974, which sign, display, or de- vice was after its removal lawfully relocated and which as a result of the amendments made to this section by such Act is required to be re- moved, the United States shall pay 100 per cen- tum of the just compensation for such removal (including all relocation costs). (q)(1) During the implementation of State laws enacted to comply with this section, the Sec- retary shall encourage and assist the States to develop sign controls and programs which will assure that necessary directional information about facilities providing goods and services in the interest of the traveling public will continue to be available to motorists. To this end the Secretary shall restudy and revise as appro- priate existing standards for directional signs authorized under subsections 131(c)(1) and 131(f) to develop signs which are functional and esthetically compatible with their surroundings. He shall employ the resources of other Federal departments and agencies, including the Na- tional Endowment for the Arts, and employ maximum participation of private industry in the development of standards and systems of signs developed for those purposes. Page 164 TITLE 23—HIGHWAYS § 131 (2) Among other things the Secretary shall en- courage States to adopt programs to assure that removal of signs providing necessary directional information, which also were providing direc- tional information on June 1, 1972, about facili- ties in the interest of the traveling public, be de- ferred until all other nonconforming signs are removed. (r) REMOVAL OF ILLEGAL SIGNS.— (1) BY OWNERS.—Any sign, display, or device along the Interstate System or the Federal-aid primary system which was not lawfully erect- ed, shall be removed by the owner of such sign, display, or device not later than the 90th day following the effective date of this subsection. (2) BY STATES.—If any owner does not re- move a sign, display, or device in accordance with paragraph (1), the State within the bor- ders of which the sign, display, or device is lo- cated shall remove the sign, display, or device. The owner of the removed sign, display, or de- vice shall be liable to the State for the costs of such removal. Effective control under this section includes compliance with the first sen- tence of this paragraph. (s) SCENIC BYWAY PROHIBITION.—If a State has a scenic byway program, the State may not allow the erection along any highway on the Interstate System or Federal-aid primary sys- tem which before, on, or after the effective date of this subsection, is designated as a scenic byway under such program of any sign, display, or device which is not in conformance with sub- section (c) of this section. Control of any sign, display, or device on such a highway shall be in accordance with this section. In designating a scenic byway for purposes of this section and section 1047 of the Intermodal Surface Transpor- tation Efficiency Act of 1991, a State may ex- clude from such designation any segment of a highway that is inconsistent with the State’s criteria for designating State scenic byways. Nothing in the preceding sentence shall preclude a State from signing any such excluded seg- ment, including such segment on a map, or car- rying out similar activities, solely for purposes of system continuity. (t) PRIMARY SYSTEM DEFINED.—For purposes of this section, the terms ‘‘primary system’’ and ‘‘Federal-aid primary system’’ mean the Fed- eral-aid primary system in existence on June 1, 1991, and any highway which is not on such sys- tem but which is on the National Highway Sys- tem. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86–342, title I, § 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87–61, title I, § 106, June 29, 1961, 75 Stat. 123; Pub. L. 88–157, § 5, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–285, title I, § 101, Oct. 22, 1965, 79 Stat. 1028; Pub. L. 89–574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(a)–(d), Aug. 23, 1968, 82 Stat. 817; Pub. L. 91–605, title I, § 122(a), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93–643, § 109, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94–280, title I, § 122, May 5, 1976, 90 Stat. 438; Pub. L. 95–599, title I, §§ 121, 122, Nov. 6, 1978, 92 Stat. 2700, 2701; Pub. L. 96–106, § 6, Nov. 9, 1979, 93 Stat. 797; Pub. L. 102–240, title I, § 1046(a)–(c), Dec. 18, 1991, 105 Stat. 1995, 1996; Pub. L. 102–302, § 104, June 22, 1992, 106 Stat. 253; Pub. L. 104–59, title III, § 314, Nov. 28, 1995, 109 Stat. 586; Pub. L. 105–178, title I, § 1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, §§ 1519(c)(6), formerly 1519(c)(7), 1539(b), July 6, 2012, 126 Stat. 576, 587, renumbered § 1519(c)(6), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), probably means Pub. L. 89–285, Oct. 22, 1965, 79 Stat. 1028, known as the Highway Beautification Act of 1965, which enacted sec- tion 136 of this title and provisions set out as notes under sections 131 and 135 of this title and amended sec- tions 131 and 319 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 136 of this title and Tables. The date of enactment of this subsection, referred to in subsec. (o), means May 5, 1976, the date of approval of Pub. L. 94–280. The date of enactment of the Federal-Aid Highway Act of 1974, referred to in subsec. (p), means Jan. 3, 1975, the date of approval of Pub. L. 93–643. For the effective date of this subsection, referred to in subsecs. (r)(1) and (s), see the Effective Date of 1991 Amendment note set out below. Section 1047 of the Intermodal Surface Transpor- tation Efficiency Act of 1991, referred to in subsec. (s), is section 1047 of Pub. L. 102–240, which is set out as a note under section 101 of this title. AMENDMENTS 2015—Subsec. (m). Pub. L. 114–94 amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below. 2012—Subsec. (i). Pub. L. 112–141, § 1539(b), inserted at end ‘‘A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the sys- tem, provided that such signs shall not affect the safe and efficient utilization of the Interstate System and the primary system. The Secretary shall establish cri- teria for the installation of such signs on the main traveled way, including criteria pertaining to the placement of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas.’’ Subsec. (m). Pub. L. 112–141, § 1519(c)(6), formerly § 1519(c)(7), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted ‘‘A State’’ for ‘‘Subject to ap- proval by the Secretary in accordance with the pro- gram of projects approval process of section 105, a State’’. 1998—Subsec. (i). Pub. L. 105–178, § 1212(a)(2)(A)(ii), substituted ‘‘State transportation departments’’ for ‘‘State highway departments’’. Subsec. (j). Pub. L. 105–178, § 1212(a)(2)(A)(i), sub- stituted ‘‘State transportation department’’ for ‘‘State highway department’’ in two places. 1995—Subsec. (s). Pub. L. 104–59 inserted at end ‘‘In designating a scenic byway for purposes of this section and section 1047 of the Intermodal Surface Transpor- tation Efficiency Act of 1991, a State may exclude from such designation any segment of a highway that is in- consistent with the State’s criteria for designating State scenic byways. Nothing in the preceding sentence shall preclude a State from signing any such excluded segment, including such segment on a map, or carrying out similar activities, solely for purposes of system continuity.’’ 1992—Subsec. (n). Pub. L. 102–302 inserted at end ‘‘Funds apportioned to a State under section 104 of this title shall not be treated for purposes of the preceding sentence as being available to the State for making such a payment except to the extent that the State, in its discretion, expends such funds for such a payment.’’ 1991—Subsec. (m). Pub. L. 102–240, § 1046(a), inserted at end ‘‘Subject to approval by the Secretary in accord- Page 165 TITLE 23—HIGHWAYS § 131 ance with the program of projects approval process of section 105, a State may use any funds apportioned to it under section 104 of this title for removal of any sign, display, or device lawfully erected which does not con- form to this section.’’ Subsecs. (r) to (t). Pub. L. 102–240, § 1046(b), (c), added subsecs. (r) to (t). 1979—Subsec. (c)(5). Pub. L. 96–106 substituted ‘‘dis- tribution by nonprofit’’ for ‘‘distribution of nonprofit’’. 1978—Subsec. (c). Pub. L. 95–599 §§ 121, 122(c), inserted ‘‘including those which may be changed at reasonable intervals by electronic process or by remote control,’’ after ‘‘devices’’ in cl. (3) and added cl. (5). Subsec. (g). Pub. L. 95–599, § 122(a), inserted provision relating to just compensation for the removal of signs lawfully erected under State law but not permitted under subsec. (c). Subsec. (j). Pub. L. 95–599, § 122(d), inserted provision relating to permission by the State to erect and main- tain information displays. Subsec. (k). Pub. L. 95–599, § 122(b), substituted ‘‘Sub- ject to compliance with subsection (g) of this section for the payment of just compensation, nothing’’ for ‘‘Nothing’’. 1976—Subsec. (f). Pub. L. 94–280, § 122(a), authorized the Secretary, in consultation with the States, to pro- vide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving spe- cific information in the interest of the traveling public may be erected and maintained. Subsec. (i). Pub. L. 94–280, § 122(c), authorized a State to establish travel information systems within the rights-of-way and prescribed as the Federal share of the cost of establishing an information center or travel in- formation system the Federal share which is provided in section 120 of this title for a highway project on that Federal-aid system to be served by such center or sys- tem. Subsecs. (o) to (q). Pub. L. 94–280, § 122(b), added sub- secs. (o) to (q). 1975—Subsec. (b). Pub. L. 93–643, § 109(a), required re- duction of Federal-aid highway funds apportioned on or after Jan. 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 660 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. Subsec. (c). Pub. L. 93–643, § 109(b), substituted ‘‘Effec- tive control means that such signs, displays, or devices after January 1, 1968, if located within six hundred and sixty feet of the right-of-way and, on or after July 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, if located beyond six hundred and sixty feet of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the pur- pose of their message being read from such main trav- eled way,’’ for ‘‘Effective control means that after Jan- uary 1, 1968, such signs, displays, and devices’’, deleted in cl. (1) ‘‘other’’ before ‘‘official signs’’, and added cl. (4). Subsec. (g). Pub. L. 93–643, § 109(c), substituted first sentence reading ‘‘Just compensation shall be paid upon the removal of any outdoor advertising sign, dis- play, or device lawfully erected under State law.’’ for prior first sentence which provided for payment of just compensation for removal of outdoor advertising signs, displays, and devices (1) lawfully in existence on Oct. 22, 1965, (2) lawfully on any highway made a part of the interstate or primary system on or after Oct. 22, 1965, and before Jan. 1, 1968, and (3) lawfully erected on or after Jan. 1, 1968. 1970—Subsec. (m). Pub. L. 91–605 authorized to be ap- propriated not to exceed $27,000,000, $20,500,000 and $50,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively. 1968—Subsec. (d). Pub. L. 90–495, § 6(a), provided that whenever a bona fide State, county, or local zoning au- thority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such au- thority. Subsec. (j). Pub. L. 90–495, § 6(b), struck out provision for the imposition of controls on outdoor advertising by the Federal government that are stricter than those imposed by the State highway department. Subsec. (m). Pub. L. 90–495, § 6(c), inserted provision authorizing an appropriation of not to exceed $2,000,000 for the fiscal year ending June 30, 1970. Subsec. (n). Pub. L. 90–495, § 6(d), added subsec. (n). 1966—Subsec. (m). Pub. L. 89–574 substituted provi- sions 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 pro- hibiting the use of any part of the Highway Trust Fund in carrying out this section. 1965—Subsec. (a). Pub. L. 89–285 struck out specific reference to the area which lies within six-hundred and sixty feet of the edge of the right-of-way and which is visible from the right-of-way and instead made only general reference to the areas adjacent to the Inter- state System and struck out reference to types of per- missible signs. Subsec. (b). Pub. L. 89–285 substituted provisions re- ducing by 10 per centum the apportioned share, on or after January 1, 1968, of any State not making provi- sion for effective control of erection and maintenance of outdoor advertising signs, displays and devices with- in six-hundred and sixty feet of the nearest edge of the right of way and visible from the traveled portion, re- apportioning withheld funds to other States, and allow- ing for suspension of such provisions in the discretion of the Secretary, for provisions which authorized the Secretary to enter into agreements with the States to carry out national policy on control of areas adjacent to the Interstate System. Subsec. (c). Pub. L. 89–285 substituted provisions set- ting out permissible types of signs as directional and other official signs and notices, signs advertising sale or lease of property on which the sign is located, and signs, displays, and devices advertising activities con- ducted on the property on which the sign is located, for provisions allowing for an increase in the Federal share payable under the Federal-Aid Highway Act of 1956, as amended, in the case of States entering into an agree- ment with the Secretary prior to July 1, 1965. Subsec. (d). Pub. L. 89–285 substituted provisions al- lowing for agreements between the Secretary and the several States covering commercial or industrial prop- erty, for provisions covering control of the adjacent area when the Interstate System is located on or near public lands or reservations of the United States. Subsec. (e). Pub. L. 89–285 substituted provisions set- ting out the timetable for removal of signs, displays, and devices lawfully along Interstate System or Fed- eral-aid primary system highways, for provisions al- lowing the inclusion of the cost of purchase or con- demnation of the right to advertise or control adver- tising in the area adjacent to Interstate System right- of-way as part of the cost of construction. Subsecs. (f) to (m). Pub. L. 89–285 added subsecs. (f) to (m). 1963—Subsec. (c). Pub. L. 88–157 substituted ‘‘July 1, 1965’’ for ‘‘July 1, 1963’’. 1961—Subsec. (c). Pub. L. 87–61 substituted ‘‘July 1, 1963’’ for ‘‘July 1, 1961’’. 1959—Subsec. (b). Pub. L. 86–342 substituted ‘‘Agree- ments entered into between the Secretary of Commerce and State highway departments under this section shall not apply to those segments of the Interstate Sys- tem which traverse commercial or industrial zones Page 166 TITLE 23—HIGHWAYS § 131 within the presently existing boundaries of incor- porated municipalities wherein the use of real property adjacent to the Interstate System is subject to munic- ipal regulation or control, or which traverse other areas where the land use, as of the date of approval of this Act, is clearly established by State law as indus- trial or commercial’’ for ‘‘Upon application of the State, any such agreement may, within the discretion of the Secretary of Commerce consistent with the na- tional policy, provide for excluding from application of the national standards segments of the Interstate Sys- tem which traverse incorporated municipalities where- in the use of real property adjacent to the Interstate System is subject to municipal regulation or control, or which traverse other areas where the land use is clearly established by State law as industrial or com- mercial.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by sec- tion 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted. 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. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title. 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 101 of this title. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS SERVICE SIGNS Pub. L. 114–94, div. A, title I, § 1425, Dec. 4, 2015, 129 Stat. 1425, provided that: ‘‘Notwithstanding section 131 of title 23, United States Code, and part 750 of title 23, Code of Federal Regulations (or successor regulations), if a State notifies the Federal Highway Administration, the State may allow the maintenance of a sign of a service club, charitable association, or religious service organization— ‘‘(1) that exists on the date of enactment of this Act [Dec. 4, 2015] (or was removed in the 3-year period ending on such date of enactment); and ‘‘(2) the area of which is less than or equal to 32 square feet.’’ STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING Pub. L. 105–178, title I, § 1213(g), June 9, 1998, 112 Stat. 202, required the Secretary to conduct a study to deter- mine the practices in the States for specific service food signs described in sections 2G–5.7 and 2G–5.8 of the Manual on Uniform Traffic Control Devices for Streets and Highways, and to transmit to Congress, not later than 1 year after June 9, 1998, a report on the results of the study, including any recommendations and, if ap- propriate, modifications to the Manual. EFFECT OF 1991 AMENDMENT ON STATE COMPLIANCE LAWS OR REGULATIONS Pub. L. 102–240, title I, § 1046(d), Dec. 18, 1991, 105 Stat. 1996, provided that: ‘‘The amendments made by this section [amending this section] shall not affect the sta- tus or validity of any existing compliance law or regu- lation adopted by a State pursuant to section 131 of title 23, United States Code.’’ USE OF TOURIST ORIENTED DIRECTIONAL SIGNS Pub. L. 102–240, title I, § 1059, Dec. 18, 1991, 105 Stat. 2003, provided that: ‘‘(a) IN GENERAL.—The Secretary shall encourage the States to provide for equitable participation in the use of tourist oriented directional signs or ‘logo’ signs along the Interstate System and the Federal-aid pri- mary system (as defined under section 131(t) of title 23, United States Code). ‘‘(b) STUDY.—Not later than 1 year after the effective date of this title [Dec. 18, 1991], the Secretary shall con- duct a study and report to Congress on the participa- tion in the use of signs referred to in subsection (a) and the practices of the States with respect to the use of such signs.’’ HIGHWAY BEAUTIFICATION COMMISSION Pub. L. 91–605, title I, § 123, Dec. 31, 1970, 84 Stat. 1727, as amended by Pub. L. 93–6, Feb. 16, 1973, 87 Stat. 6, es- tablished the Commission on Highway Beautification to (1) study existing statutes and regulations governing control of outdoor advertising and junkyards in areas adjacent to Federal-aid highway system, (2) review policies and practices of Federal and State agencies charged with administrative jurisdiction over such highways insofar as such policies and practices relate to governing control of outdoor advertising and junk- yards, (3) compile data necessary to understand and de- termine the requirements for such control which may now exist or are likely to exist within foreseeable fu- ture, (4) study problems relating to control of on- premise outdoor advertising signs, promotional signs, directional signs, and signs providing information that is essential to motoring public, (5) study methods of fi- nancing and possible sources of Federal funds, includ- ing use of the Highway Trust Fund, to carry out high- way beautification program, and (6) recommend such modifications or additions to existing laws, regula- tions, policies, practices, and demonstration programs as will, in judgment of the Commission, achieve a workable and effective highway beautification program and best serve the public interest and to submit, not later than Dec. 31, 1973, its final report. The Commis- sion terminated six months after submission of said re- port. COMPREHENSIVE STUDY ON HIGHWAY BEAUTIFICATION PROGRAMS Pub. L. 89–285, title III, § 302, Oct. 22, 1965, 79 Stat. 1032, provided that in order to provide the basis for evaluating the continuing programs authorized by Pub. L. 89–285, and to furnish the Congress with the informa- tion necessary for authorization of appropriations for fiscal years beginning after June 30, 1967, the Sec- retary, in cooperation with the State highway depart- ments, shall make a detailed estimate of the cost of carrying out the provisions of Pub. L. 89–285, and a comprehensive study of the economic impact of such programs on affected individuals and commercial and industrial enterprises, the effectiveness of such pro- grams and the public and private benefits realized thereby, and alternate or improved methods of accom- plishing the objectives of Pub. L. 89–285. The Secretary was required to submit such detailed estimate and a re- port concerning such comprehensive study to the Con- gress not later than Jan. 10, 1967. STANDARDS, CRITERIA, RULES AND REGULATIONS Pub. L. 89–285, title III, § 303, Oct. 22, 1965, 79 Stat. 1033, mandated the holding of public hearings by the Secretary of Commerce prior to the promulgation of standards, criteria and rules and regulations necessary to carry out this section and section 136 of this title, such standards, criteria, etc., to be reported to Con- gress not later than Jan. 10, 1967. Page 167 TITLE 23—HIGHWAYS § 133 ACQUISITION OF DWELLINGS Pub. L. 89–285, title III, § 305, Oct. 22, 1965, 79 Stat. 1033, provided that: ‘‘Nothing in this Act or the amend- ments made by this Act [amending this section and sec- tion 319 of this title and enacting section 136 of this title and provisions set out as notes under this section and sections 135 and 136 of this title] shall be construed to authorize the use of eminent domain to acquire any dwelling (including related buildings).’’ TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION Pub. L. 89–285, title IV, § 401, Oct. 22, 1965, 79 Stat. 1033, provided that: ‘‘Nothing in this Act or the amend- ments made by this Act [amending this section and sec- tion 319 of this title and enacting section 136 of this title and provisions set out as notes under sections 131, 135, and 136 of this title] shall be construed to authorize private property to be taken or the reasonable and ex- isting use restricted by such taking without just com- pensation as provided in this Act.’’ AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR ADMINISTRATIVE EXPENSES Pub. L. 89–285, title IV, § 402, Oct. 22, 1965, 79 Stat. 1033, as amended by Pub. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that: ‘‘In addition to any other amounts authorized by this Act and the amendments made by this Act [amending this section and section 319 of this title and enacting section 136 of this title and provisions set out as notes under this section and sections 135 and 136 of this title], there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary not to exceed $5,000,000 for administrative expenses in carrying out this Act (including amendments made by this Act).’’ § 132. Payments on Federal-aid projects under- taken by a Federal agency (a) IN GENERAL.—In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agree- ment between a State and the Federal agency, the State may— (1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or (2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency. (b) REIMBURSEMENT.—On execution with a State of a project agreement described in sub- section (a), the Secretary may reimburse the State, using any available funds, for the esti- mated Federal share under this title of the obli- gation of the State deposited or paid under sub- section (a)(2). (c) RECOVERY AND CREDITING OF FUNDS.—Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State’s share of the cost as set forth in the ap- proved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made. (Added Pub. L. 86–657, § 4(a), July 14, 1960, 74 Stat. 522; amended Pub. L. 109–59, title I, § 1119(b), Aug. 10, 2005, 119 Stat. 1182.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–59 designated third sentence as sub- sec. (c), inserted heading, and substituted subsecs. (a) and (b) for first and second sentences which read as fol- lows: ‘‘Where a proposed Federal-aid project is to be un- dertaken by a Federal agency pursuant to an agree- ment between a State and such Federal agency and the State makes a deposit with or payment to such Federal agency as may be required in fulfillment of the State’s obligation under such agreement for the work under- taken or to be undertaken by such Federal agency, the Secretary, upon execution of a project agreement with such State for the proposed Federal-aid project, may reimburse the State out of the appropriate appropria- tions the estimated Federal share under the provisions of this title of the State’s obligation so deposited or paid by such State. Upon completion of such project and its acceptance by the Secretary, an adjustment shall be made in such Federal share payable on account of such project based on the final cost thereof.’’ § 133. Surface transportation block grant pro- gram (a) ESTABLISHMENT.—The Secretary shall es- tablish a surface transportation block grant pro- gram in accordance with this section to provide flexible funding to address State and local trans- portation needs. (b) ELIGIBLE PROJECTS.—Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be ob- ligated for the following: (1) Construction of— (A) highways, bridges, tunnels, including designated routes of the Appalachian devel- opment highway system and local access roads under section 14501 of title 40; (B) ferry boats and terminal facilities— (i) that are eligible for funding under section 129(c); or (ii) that are privately or majority-pri- vately owned, but that the Secretary de- termines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transpor- tation system described in section 101(b)(3)(D); (C) transit capital projects eligible for as- sistance under chapter 53 of title 49; (D) infrastructure-based intelligent trans- portation systems capital improvements, in- cluding the installation of vehicle-to-infra- structure communication equipment; (E) truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note); (F) border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU (23 U.S.C. 101 note); and (G) wildlife crossing structures. (2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and pro- grams. (3) Environmental measures eligible under sections 119(g), 148(a)(4)(B)(xvii), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).