§ 131 TITLE 23—HIGHWAYS Page 94

‘‘(j) The Secretary of Transportation shall enter into

such arrangements as may be necessary to carry out a

demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings.

‘‘(k) The Secretary of Transportation shall enter into

such arrangements as may be necessary to carry out a

demonstration project in Pine Bluff, Arkansas, for the

relocation of railroad lines for the purpose of eliminating highway railroad grade crossings.

‘‘(l) The Secretary of Transportation shall carry out

a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground

level railroad crossing at the crossing of the Southern

Pacific and Frisco Railroads with Grand Avenue-Roberts Road.

‘‘(m) The Secretary of Transportation shall enter

into such arrangements as may be necessary to carry

out a demonstration project in Hammond, Indiana, for

the relocation of railroad lines for the purposes of

eliminating highway railroad grade crossings.

‘‘(n) The Federal share payable on account of such

projects shall be the Federal share provided in section

120(a) of title 23, United States Code. [sic] except those

railroad-highway crossings segments which are already

engaged in or have completed the preparation of the

plans, specifications and estimates (PS&E) for the construction of the segment involved shall retain the Federal share as specified in subsection [sic] 163(n) [this

subsection] as amended by section 134 of the Surface

Transportation Assistance Act of 1978 [section 134 of

Pub. L. 95–599].

‘‘[(o) Repealed. Pub. L. 104–66, title I, §1121(e), Dec. 21,

1995, 109 Stat. 724.]

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

out this section (other than subsection (l)), not to exceed $15,000,000 for the fiscal year ending June 30, 1974,

$25,000,000 for the fiscal year ending June 30, 1975, and

$50,000,000 for the fiscal year ending June 30, 1976,

$6,250,000, for the period beginning July 1, 1976, and ending September 30, 1976, $26,400,000 for the fiscal year

ending September 30, 1977, and $51,400,000 for the fiscal

year ending September 30, 1978, $70,000,000 for the fiscal

year ending September 30, 1979, and $90,000,000 for the

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 September 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 twothirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. Notwithstanding 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 authorization.

‘‘(q) The Secretary, in cooperation with State highway departments and local officials, shall conduct a

full and complete investigation and study of the problem of providing increased highway safety by the relocation 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 estimate 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 CROSSINGS; INCLUSION OF PROJECTS AT TERRE HAUTE, INDIANA

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 requiring 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 elimination of hazards of railway-highway crossings, provided 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-highway crossings program, and authorized use of matching

funds with local governments for improvement of railroad 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, 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 ending June 30, 1975, and $800,000,000 for the fiscal year ending 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 ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1976.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 121, 133, 307,

409 of this title.

§ 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 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 erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred

and sixty feet of the nearest edge of the right-ofway and visible from the main traveled way of

the system, and Federal-aid highway funds apportioned on or after January 1, 1975, or after
Page 95 TITLE 23—HIGHWAYS § 131

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 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 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 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 purpose of their message

being read from such main traveled way, shall,

pursuant to this section, be limited to (1) directional 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 required or authorized by law, which shall conform to national standards hereby authorized to

be promulgated by the Secretary hereunder,

which standards shall contain provisions concerning 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, advertising 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 artistic significance the preservation of which

would be consistent with the purposes of this

section, and (5) signs, displays, and devices advertising the distribution by nonprofit organizations 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 donation 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 customary use is to be determined by agreement

between the several States and the Secretary,

may be erected and maintained within six hundred and sixty feet of the nearest edge of the

right-of-way within areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State

law, or in unzoned commercial or industrial

areas as may be determined by agreement between the several States and the Secretary. The

States shall have full authority under their own

zoning laws to zone areas for commercial or industrial 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 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 authority. 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 existence along the Interstate System or the Federal-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 interchanges on the Interstate System, on which

signs, displays, and devices giving specific information in the interest of the traveling public

may be erected and maintained. The Secretary

may also, in consultation with the States, provide within the rights-of-way of the primary

system for areas in which signs, displays, and

devices giving specific information in the interest of the traveling public may be erected and

maintained. Such signs shall conform to national standards to be promulgated by the Secretary.

(g) Just compensation shall be paid upon the

removal of any outdoor advertising sign, display, 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 system 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 specific interest of the traveling public, the State
§ 131 TITLE 23—HIGHWAYS Page 96

highway departments are authorized to maintain maps and to permit information directories

and advertising pamphlets to be made available

at safety rest areas. Subject to the approval of

the Secretary, a State may also establish information centers at safety rest areas and other

travel information systems within the rights-ofway 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.

(j) Any State highway 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 maintenance 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 highway 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 by electronic process or remote

control and which provide public service information or advertise activities conducted on the

property on which they are located shall not be

considered a breach of such agreement or the

control required 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 controlling outdoor advertising as

otherwise provided in this section.

(k) Subject to compliance with subsection (g)

of this section for the payment of just compensation, nothing in this section shall prohibit

a State from establishing standards imposing

stricter limitations with respect to signs, displays, and devices on the Federal-aid highway

systems than those established under this section.

(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, lighting, 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 approve 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 fortyfive 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. Summons may be served at any place in the United

States. The court shall have jurisdiction to affirm 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 apportionment to a State is withheld by the Secretary 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 accordance with the final judgment and this subsection. Funds withheld from apportionment

and subsequently apportioned or reapportioned

under this section shall be available for expenditure 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 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 $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 exceed $20,500,000 for the fiscal year ending June

30, 1972, and not to exceed $50,000,000 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. Subject to approval by

the Secretary in accordance 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

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 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.

(o) The Secretary may approve the request of

a State to permit retention in specific areas defined by such State of directional signs, displays, and devices lawfully erected under State

law in force at the time of their erection which

do not conform to the requirements of subsection (c), where such signs, displays, and devices are in existence on the date of enactment

of this subsection and where the State demonstrates that such signs, displays, and devices

(1) provide directional information about goods

and services in the interest of the traveling pub-
Page 97 TITLE 23—HIGHWAYS § 131

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 device 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 removed, the United States shall pay 100 per centum 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 Secretary 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 appropriate 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 National Endowment for the Arts, and employ

maximum participation of private industry in

the development of standards and systems of

signs developed for those purposes.

(2) Among other things the Secretary shall encourage States to adopt programs to assure that

removal of signs providing necessary directional

information, which also were providing directional information on June 1, 1972, about facilities in the interest of the traveling public, be deferred 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 erected, 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 remove a sign, display, or device in accordance

with paragraph (1), the State within the borders of which the sign, display, or device is located shall remove the sign, display, or device.

The owner of the removed sign, display, or device shall be liable to the State for the costs

of such removal. Effective control under this

section includes compliance with the first sentence 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 system 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 subsection (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 Transportation Efficiency Act of 1991, a State may exclude 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 segment, including such segment on a map, or carrying 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 Federal-aid primary system in existence on June 1,

1991, and any highway which is not on such system but which is on the National Highway System.

(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.)

REFERENCES IN TEXT

This Act, referred to in subsec. (d), probably means

Pub. L. 89–285, Oct. 22, 1965, 79 Stat. 1028, as amended,

known as the Highway Beautification Act of 1965,

which enacted section 136 of this title and provisions

set out as notes under sections 131 and 135 of this title

and amended sections 131 and 319 of this title. For complete classification 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 Transportation 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

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 Transportation Efficiency Act of 1991, a State may exclude 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

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.’’
§ 131 TITLE 23—HIGHWAYS Page 98

1991—Subsec. (m). Pub. L. 102–240, §1046(a), inserted at

end ‘‘Subject to approval by the Secretary in accordance 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 conform 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 ‘‘distribution 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 maintain information displays.

Subsec. (k). Pub. L. 95–599, §122(b), substituted ‘‘Subject 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 provide within the rights-of-way of the primary system for

areas in which signs, displays, and devices giving specific 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 information 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 system.

Subsecs. (o) to (q). Pub. L. 94–280, §122(b), added subsecs. (o) to (q).

1975—Subsec. (b). Pub. L. 93–643, §109(a), required reduction 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 ‘‘Effective 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 purpose of their message being read from such main traveled way,’’ for ‘‘Effective control means that after January 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, display, 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 appropriated 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 authority 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 authority.

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 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.

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 Interstate System and struck out reference to types of permissible signs.

Subsec. (b). Pub. L. 89–285 substituted provisions reducing by 10 per centum the apportioned share, on or

after January 1, 1968, of any State not making provision for effective control of erection and maintenance

of outdoor advertising signs, displays and devices within six-hundred and sixty feet of the nearest edge of the

right of way and visible from the traveled portion, reapportioning withheld funds to other States, and allowing 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 setting 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 conducted 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 agreement with the Secretary prior to July 1, 1965.

Subsec. (d). Pub. L. 89–285 substituted provisions allowing for agreements between the Secretary and the

several States covering commercial or industrial property, 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 setting out the timetable for removal of signs, displays,

and devices lawfully along Interstate System or Federal-aid primary system highways, for provisions allowing the inclusion of the cost of purchase or condemnation of the right to advertise or control advertising in the area adjacent to Interstate System right-ofway 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 ‘‘Agreements entered into between the Secretary of Commerce

and State highway departments under this section
Page 99 TITLE 23—HIGHWAYS § 132

shall not apply to those segments of the Interstate System which traverse commercial or industrial zones

within the presently existing boundaries of incorporated municipalities wherein 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, as of the date of approval of this

Act, is clearly established by State law as industrial or

commercial’’ for ‘‘Upon application of the State, any

such agreement may, within the discretion of the Secretary of Commerce consistent with the national policy, provide for excluding from application of the national standards segments of the Interstate System

which traverse incorporated municipalities wherein 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 commercial.’’

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.

EFFECT OF 1991 AMENDMENT ON STATE COMPLIANCE

LAWS OR REGULATIONS

Section 1046(d) of Pub. L. 102–240 provided that: ‘‘The

amendments made by this section [amending this section] shall not affect the status or validity of any existing compliance law or regulation adopted by a State

pursuant to section 131 of title 23, United States Code.’’

USE OF TOURIST ORIENTED DIRECTIONAL SIGNS

Section 1059 of Pub. L. 102–240 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 primary 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 conduct a study and report to Congress on the participation 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

Section 123 of Pub. L. 91–605, as amended by Pub. L.

93–6, Feb. 16, 1973, 87 Stat. 6, established the Commission on Highway Beautification to (1) study existing

statutes and regulations governing control of outdoor

advertising and junkyards in areas adjacent to Federalaid 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 junkyards, (3) compile data

necessary to understand and determine the requirements for such control which may now exist or are

likely to exist within foreseeable future, (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 financing and possible

sources of Federal funds, including use of the Highway

Trust Fund, to carry out highway beautification program, and (6) recommend such modifications or additions to existing laws, regulations, 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 Commission terminated six months after

submission of said report.

COMPREHENSIVE STUDY ON HIGHWAY BEAUTIFICATION

PROGRAMS

Section 302 of Pub. L. 89–285 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 information necessary for authorization of appropriations for fiscal years beginning after

June 30, 1967, the Secretary, in cooperation with the

State highway departments, shall make a detailed estimate of the cost of carrying out the provisions of Pub.

L. 89–885, and a comprehensive study of the economic

impact of such programs on affected individuals and

commercial and industrial enterprises, the effectiveness of such programs and the public and private benefits realized thereby, and alternate or improved methods of accomplishing the objectives of Pub. L. 89–285.

The Secretary was required to submit such detailed estimate and a report concerning such comprehensive

study to the Congress not later than Jan. 10, 1967.

STANDARDS, CRITERIA, RULES AND REGULATIONS

Section 303 of Pub. L. 89–285 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 Congress not later than Jan. 10, 1967.

ACQUISITION OF DWELLINGS

Section 305 of Pub. L. 89–285 provided that: ‘‘Nothing

in this Act or 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] shall be construed to authorize the use of

eminent domain to acquire any dwelling (including related buildings).’’

TAKING OF PRIVATE PROPERTY WITHOUT JUST

COMPENSATION

Section 401 of Pub. L. 89–285 provided that: ‘‘Nothing

in this Act or 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 sections 131, 135, and 136 of this title]

shall be construed to authorize private property to be

taken or the reasonable and existing use restricted by

such taking without just compensation as provided in

this Act.’’

AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR

ADMINISTRATIVE EXPENSES

Section 402 of Pub. L. 89–285, 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).’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 148 of this title.

§ 132. Payments on Federal-aid projects undertaken by a Federal agency

Where a proposed Federal-aid project is to be

undertaken by a Federal agency pursuant to an