§ 316 TITLE 23—HIGHWAYS Page 168

ing and protecting the highways and insuring

the safety of traffic thereon.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915; Pub. L.

100–17, title I, §133(b)(18), Apr. 2, 1987, 101 Stat.

172.)

AMENDMENTS

1987—Pub. L. 100–17 which directed that this section

be amended by substituting ‘‘204(f) and 205(a)’’ for

‘‘204(d), 205(a), 207(b), and 208(c)’’ was executed by substituting ‘‘204(f) and 205(a)’’ for ‘‘204(d), 205(a), 206(b),

207(b), and 208(c)’’, to reflect the probable intent of Congress.

§ 316. Consent by United States to conveyance of

property

For the purposes of this title the consent of

the United States is given to any railroad or

canal company to convey to the State highway

department of any State, or its nominee, any

part of its right-of-way or other property in that

State acquired by grant from the United States.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915.)

§ 317. Appropriation for highway purposes of

lands or interests in lands owned by the

United States

(a) If the Secretary determines that any part

of the lands or interests in lands owned by the

United States is reasonably necessary for the

right-of-way of any highway, or as a source of

materials for the construction or maintenance

of any such highway adjacent to such lands or

interests in lands, the Secretary shall file with

the Secretary of the Department supervising the

administration of such lands or interests in

lands a map showing the portion of such lands or

interests in lands which it is desired to appropriate.

(b) If within a period of four months after such

filing, the Secretary of such Department shall

not have certified to the Secretary that the proposed appropriation of such land or material is

contrary to the public interest or inconsistent

with the purposes for which such land or materials have been reserved, or shall have agreed to

the appropriation and transfer under conditions

which he deems necessary for the adequate protection and utilization of the reserve, then such

land and materials may be appropriated and

transferred to the State highway department, or

its nominee, for such purposes and subject to the

conditions so specified.

(c) If at any time the need for any such lands

or materials for such purposes shall no longer

exist, notice of the fact shall be given by the

State highway department to the Secretary and

such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated.

(d) The provisions of this section shall apply

only to projects constructed on a Federal-aid

system or under the provisions of chapter 2 of

this title.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1770.

§ 318. Highway relocation due to airport

Federal highway funds shall not be used for

the reconstruction or relocation of any highway

giving access to an airport constructed or extended after December 20, 1944, or for the reconstruction or relocation of any highway which

has been or may be closed or the usefulness of

which has been may be impaired by the location

or construction of any airport constructed or extended after December 20, 1944, unless, prior to

such construction or extension as the case may

be, the State highway department and the Secretary have concurred with the officials in

charge of the airport that the location of such

airport or extension thereof and the consequent

reconstruction or relocation of the highway are

in the public interest.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916.)

§ 319. Landscaping and scenic enhancement

(a) LANDSCAPE AND ROADSIDE DEVELOPMENT.—

The Secretary may approve as a part of the construction of Federal-aid highways the costs of

landscape and roadside development, including

acquisition and development of publicly owned

and controlled rest and recreation areas and

sanitary and other facilities reasonably necessary to accommodate the traveling public, and

for acquisition of interests in and improvement

of strips of land necessary for the restoration,

preservation, and enhancement of scenic beauty

adjacent to such highways.

(b) PLANTING OF WILDFLOWERS.—

(1) GENERAL RULE.—The Secretary shall require the planting of native wildflower seeds

or seedlings, or both, as part of any landscaping project under this section. At least 1

⁄4

of 1 percent of the funds expended for such

landscaping project shall be used for such

plantings.

(2) WAIVER.—The requirements of this subsection may be waived by the Secretary if a

State certifies that native wildflowers or seedlings cannot be grown satisfactorily or planting areas are limited or otherwise used for agricultural purposes.

(3) GIFTS.—Nothing in this subsection shall

be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by

civic organizations or other organizations and

individuals to be used in landscaping projects.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L.

89–285, title III, §301(a), Oct. 22, 1965, 79 Stat.

1032; Pub. L. 89–574, §8(b), Sept. 13, 1966, 80 Stat.

768; Pub. L. 90–495, §6(f), Aug. 23, 1968, 82 Stat.

818; Pub. L. 94–280, title I, §136(a), May 5, 1976, 90

Stat. 442; Pub. L. 100–17, title I, §130, Apr. 2, 1987,

101 Stat. 169.)

AMENDMENTS

1987—Pub. L. 100–17 designated existing provisions as

subsec. (a), inserted heading, and added subsec. (b).

1976—Pub. L. 94–280, in revising section, struck out

subsec. (a) designation for existing text; incorporated

as part of the section provision of former subsec. (b) for

acquisition of interests in and improvement of strips of

land necessary for the restoration, preservation, and

enhancement of scenic beauty adjacent to Federal-aid

highways; and struck out subsec. (b) designation and

other subsec. (b) provisions relating to: allocation to a