§ 136 TITLE 23—HIGHWAYS Page 110

decrease in traffic congestion, the improvement in air

and noise quality, and the furtherance of highway safety, giving priority to those projects providing coordinated signalization of two or more intersections. Such

projects can be carried out on any highway whether on

or off a Federal-aid system.

‘‘(b) There is authorized to be appropriated to carry

out this section of the Highway Trust Fund, not to exceed $40,000,000 for the fiscal year ending September 30,

1977, and $40,000,000 for the fiscal year ending September 30, 1978.

‘‘(c) Each participating State shall report to the Secretary of Transportation not later than September 30,

1977, and not later than September 30 of each year

thereafter, on the progress being made in implementing

this section and the effectiveness of the improvements

made under it. Each report shall include an analysis

and evaluation of the benefits resulting from such

projects comparing an adequate time period before and

after treatment in order to properly assess the benefits

occurring from such traffic control signalization. The

Secretary of Transportation shall submit a report to

the Congress not later than January 1, 1978, on the

progress being made in implementing this section and

an evaluation of the benefits resulting therefrom.’’

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, provided that: ‘‘There is authorized to be

appropriated the sum of $500,000 to enable the Secretary to carry out his functions under section 135 of

title 23 of the United States Code relating to highway

safety programs.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 108, 115, 133,

134, 149, 217, 307 of this title; title 49 section 5323.

§ 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-ofway and which are zoned industrial 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.

(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 junkyards 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 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.
Page 111 TITLE 23—HIGHWAYS § 137

(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.)

AMENDMENTS

1975—Subsec. (j). Pub. L. 93–643 substituted provision

that compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established 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 established on or after Jan. 1, 1968.

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 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 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.

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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 131 of this title.

§ 137. Fringe and corridor parking facilities

(a) The Secretary may approve as a project on

the Federal-aid urban system 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 rightof-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

thousand 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 maintenance and operation (including compensation

to any person for operating such facility).

(b) The Secretary shall not approve any project under this section until—

(1) he has determined that the State, or the

political subdivision thereof, where such project is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility;

(2) he has entered into an agreement governing the financing, maintenance, and operation

of the parking facility with such State, political subdivision, agency, or instrumentality,

including necessary requirements to insure

that adequate public transportation services

will be available to persons using such facility; and

(3) he has approved design standards for constructing such facility developed in cooperation with the State highway department.

(c) The term ‘‘parking facilities’’ for purposes

of this section shall include access roads, buildings, 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 prohibit (1) any State, political subdivision, or

agency or instrumentality thereof, from contracting 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 project under this section unless he determines that

it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.

(f)(1) The Secretary may approve for Federal

financial assistance from funds apportioned

under section 104(b)(5)(B) of this title, projects

for designating existing facilities, or for acquisition of rights of way or construction of new facilities, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and

within an interstate highway corridor, and (B)

have as their primary purpose the reduction of

vehicular traffic 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 contracting with any person to operate any parking

facility designated or constructed under this

subsection, or (B) any such person from so operating such facility. Any fees charged for the use

of any such facility in connection with the purpose of this subsection shall not be in excess of

the amount required for operation and maintenance, including compensation to any person for

operating the facility.

(3) For the purposes of this subsection, the

terms ‘‘facilities’’ and ‘‘parking facilities’’ are

synonymous and shall have the same meaning

given ‘‘parking facilities’’ in subsection (c) of

this section.

(Added Pub. L. 89–574, §8(c)(1), Sept. 13, 1966, 80

Stat. 768; amended Pub. L. 91–605, title I, §134(a),

Dec. 31, 1970, 84 Stat. 1733; Pub. L. 97–424, title I,

§118, Jan. 6, 1983, 96 Stat. 2110.)

AMENDMENTS

1983—Subsec. (f). Pub. L. 97–424 added subsec. (f).