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).
§ 138 TITLE 23—HIGHWAYS Page 112

1970—Pub. L. 91–605 substituted ‘‘Fringe and corridor

parking facilities’’ for ‘‘Limitation on authorization of

appropriations for certain purposes’’ in section catchline.

Subsec. (a). Pub. L. 91–605 substituted provisions permitting the Secretary to approve construction of publicly owned parking facilities under the Federal-aid

urban system for provisions limiting authorization of

appropriations under section 131, 136, and 319(b) of this

title, or any highway safety bill enacted after May 1,

1966 by preventing these sections and provisions from

being construed as authority for any appropriations

not specifically authorized in these sections and provisions.

Subsec. (b). Pub. L. 91–605 substituted provisions preventing project approval by the Secretary unless the

State or political subdivision thereof where the project

is located can construct, maintain, and operate the facility, unless the Secretary has entered into an agreement with the State or political subdivision governing

the financing, maintenance, and operation of the facility, and unless the Secretary has approved design

standards for construction of the facility for provisions

limiting authorization of appropriations under sections

131, 136, and 319(b) of this title, or any highway safety

bill enacted after May 1, 1966 by preventing appropriations to carry out these sections and provisions unless

they are specific as to the amount authorized and as to

the fiscal year.

Subsec. (c). Pub. L. 91–605 substituted provisions defining ‘‘parking facilities’’ for provisions limiting authorization of appropriations under sections 131, 136,

and 319(b) of this title, or any highway safety bill enacted after May 1, 1966 by preventing the highway trust

fund from being a source of appropriation for these sections and provisions in an amount exceeding the tax

imposed by section 4061(a)(2) of Title 26, if such tax was

imposed at a rate of 1% plus additional amounts appropriated from the general fund to the highway trust

fund for such purposes except that the total of all appropriations made from such fund to carry out these

sections and provisions shall never exceed the total of

all appropriations made to such fund based on the imposition of such tax plus additional amounts appropriated from the general fund to the highway trust

fund for such purposes.

Subsecs. (d), (e). Pub. L. 91–605 added subsecs. (d) and

(e).

§ 138. Preservation of parklands

It is hereby declared to be the national policy

that special effort should be made to preserve

the natural beauty of the countryside and public

park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of

Transportation shall cooperate and consult with

the Secretaries of the Interior, Housing and

Urban Development, and Agriculture, and with

the States in developing transportation plans

and programs that include measures to maintain or enhance the natural beauty of the lands

traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary

shall not approve any program or project (other

than any project for a park road or parkway

under section 204 of this title) which requires

the use of any publicly owned land from a public

park, recreation area, or wildlife and waterfowl

refuge of national, State, or local significance as

determined by the Federal, State, or local officials having jurisdiction thereof, or any land

from an historic site of national, State, or local

significance as so determined by such officials

unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize

harm to such park, recreational area, wildlife

and waterfowl refuge, or historic site resulting

from such use. In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and

appropriate State and local officials, is authorized to conduct studies as to the most feasible

Federal-aid routes for the movement of motor

vehicular traffic through or around national

parks so as to best serve the needs of the traveling public while preserving the natural beauty

of these areas.

(Added Pub. L. 89–574, §15(a), Sept. 13, 1966, 80

Stat. 771; amended Pub. L. 90–495, §18(a), Aug. 23,

1968, 82 Stat. 823; Pub. L. 94–280, title I, §124, May

5, 1976, 90 Stat. 440; Pub. L. 100–17, title I,

§133(b)(10), Apr. 2, 1987, 101 Stat. 171.)

REFERENCES IN TEXT

The effective date of the Federal-Aid Highway Act of

1968, referred to in text, is the effective date of Pub. L.

90–495, which was approved Aug. 23, 1968.

AMENDMENTS

1987—Pub. L. 100–17 inserted ‘‘(other than any project

for a park road or parkway under section 204 of this

title)’’ before ‘‘which requires’’ in third sentence.

1976—Pub. L. 94–280 authorized the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, to conduct studies as to

the most feasible Federal-aid routes for the movement

of motor vehicular traffic through or around national

parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.

1968—Pub. L. 90–495 amended section generally so as

to render it identical to section 1653(f) of Title 49,

Transportation, governing all programs and projects

subject to the jurisdiction of the Secretary of Transportation.

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.

STUDY OF ALTERNATIVE TRANSPORTATION MODES IN

NATIONAL PARK SYSTEM

Pub. L. 102–240, title I, §1050, Dec. 18, 1991, 105 Stat.

2000, provided that:

‘‘(a) IN GENERAL.—Not later than 12 months after the

date of the enactment of this Act [Dec. 18, 1991], the

Secretary, in consultation with the Secretary of the Interior, shall conduct and transmit to Congress a study

of alternative transportation modes for use in the National Park System. In conducting such study, the Secretary shall consider (1) the economic and technical

feasibility, environmental effects, projected costs and

benefits as compared to the costs and benefits of existing transportation systems, and general suitability of

transportation modes that would provide efficient and

environmentally sound ingress to and egress from National Park lands; and (2) methods to obtain private

capital for the construction of such transportation

modes and related infrastructure.

‘‘(b) FUNDING.—From sums authorized to be appropriated for park roads and parkways for fiscal year

1992, $300,000 shall be available to carry out this section.’’

§ 139. Additions to Interstate System

(a) Whenever the Secretary determines that a

highway on the Federal-aid primary system

meets all of the standards of a highway on the

Interstate System and that such highway is a

logical addition or connection to the Interstate