23 U.S.C. § 136 — Control of junkyards

Page 200 TITLE 23—HIGHWAYS § 136 TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION PROJECTS Pub. L. 94–280, title I, § 146, May 5, 1976, 90 Stat. 446, authorized the Secretary of Transportation to carry out traffic control signalization demonstration projects, appropriated funds for fiscal years 1977 and 1978, and required participating States and the Sec- retary to submit reports on the progress of such projects. AUTHORIZATION OF APPROPRIATIONS Pub. L. 89–285, title III, § 304, Oct. 22, 1965, 79 Stat. 1033, as amended by Pub. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, authorized an appropriation of $500,000 to the Secretary for highway safety programs under this section. DEFINITIONS For additional definitions of terms used in this sec- tion, see section 134 of this title. § 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 con- trolled in order to protect the public investment in such highways, to promote the safety and rec- reational 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 main- tenance 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 trav- eled way of the system, shall be reduced by amounts equal to 7 percent of the amounts which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b), until such time as such State shall pro- vide 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 ap- plication of this subsection to a State. (c) Effective control means that by January 1, 1968, such junkyards shall be screened by nat- ural objects, plantings, fences, or other appro- priate means so as not to be visible from the main traveled way of the system, or shall be re- moved 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 non- ferrous material. (e) The term ‘‘automobile graveyard’’ shall mean any establishment or place of business which is maintained, used, or operated for stor- ing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (f) The term ‘‘junkyard’’ shall mean an estab- lishment or place of business which is main- tained, 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 sani- tary fills. (g) Notwithstanding any provision of this sec- tion, 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 industrial under au- thority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the sev- eral States subject to approval by the Secretary. (h) Notwithstanding any provision of this sec- tion, any junkyard in existence on the date of enactment of this section which does not con- form 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. (i) 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 junk- yards lawfully established under State law. 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. (l) 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 ex- ceed $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 expendi- ture of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967. (n) DEFINITIONS.—For purposes of this section, the terms ‘‘primary system’’ and ‘‘Federal-aid primary system’’ mean any highway that is on the National Highway System, which includes the Interstate Highway System. (Added Pub. L. 89–285, title II, § 201, Oct. 22, 1965, 79 Stat. 1030; amended Pub. L. 89–574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(e), Aug. 23, 1968, 82 Stat. 818; Pub. L. 91–605, title I, § 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93–643, § 110, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 112–141, div. A, title I, § 1404(b), July 6, 2012, 126 Stat. 557; Pub. L. 114–94, div. A, title I, § 1104(e)(4), Dec. 4, 2015, 129 Stat. 1332.) Page 201 TITLE 23—HIGHWAYS § 137 Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94 substituted ‘‘para- graphs (1) through (6) of section 104(b)’’ for ‘‘paragraphs (1) through (5) of section 104(b)’’. 2012—Subsec. (b). Pub. L. 112–141, § 1404(b)(1), sub- stituted ‘‘7 percent’’ for ‘‘10 per centum’’ and ‘‘para- graphs (1) through (5) of section 104(b)’’ for ‘‘section 104 of this title’’. Subsec. (n). Pub. L. 112–141, § 1404(b)(2), added subsec. (n). 1975—Subsec. (j). Pub. L. 93–643 substituted provision that compensation shall be paid the owner for the relo- cation, removal, or disposal of junkyards lawfully es- tablished under State law, for provision relating to payment of just compensation for relocation, removal, or disposal of junkyards (1) lawfully in existence on Oct. 22, 1965, (2) lawfully along 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 es- tablished on or after Jan. 1, 1968. 1970—Subsec. (m). Pub. L. 91–605 authorized to be ap- propriated 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 inserted 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 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 prohibiting the use of any part of the Highway Trust Fund in carrying out this section. 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 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 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. 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. § 137. Fringe and corridor parking facilities (a) The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thou- sand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for mainte- nance and operation (including compensation to any person for operating such facility). (b) The Secretary shall not approve any proj- ect under this section until— (1) he has determined that the State, or the political subdivision thereof, where such proj- ect is to be located, or any agency or instru- mentality of such State or political subdivi- sion, has the authority and capability of con- structing, maintaining, and operating the fa- cility; (2) he has entered into an agreement gov- erning the financing, maintenance, and oper- ation of the parking facility with such State, political subdivision, agency, or instrumen- tality, including necessary requirements to in- sure that adequate public transportation serv- ices will be available to persons using such fa- cility; and (3) he has approved design standards for con- structing such facility developed in coopera- tion with the State transportation depart- ment. (c) The term ‘‘parking facilities’’ for purposes of this section shall include access roads, build- ings, structures, equipment, improvements, and interests in lands. (d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall pro- hibit (1) any State, political subdivision, or agency or instrumentality thereof, from con- tracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility. (e) The Secretary shall not approve any proj- ect under this section unless he determines that it is based on a continuing comprehensive trans- portation planning process carried on in accord- ance with section 134 of this title. (f)(1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an inter- state highway corridor, and (B) have as their primary purpose the reduction of vehicular traf- fic on the interstate highway. (2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from con- tracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so oper-