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
§ 133 TITLE 23—HIGHWAYS Page 100

1So in original. Probably should be ‘‘to be’’.

agreement between a State and such Federal

agency and the State makes a deposit with or

payment to such Federal agency as may be required in fulfillment of the State’s obligation

under such agreement for the work undertaken

or to be undertaken by such Federal agency, the

Secretary, upon execution of a project agreement with such State for the proposed Federalaid project, may reimburse the State out of the

appropriate appropriations the estimated Federal share under the provisions of this title of

the State’s obligation so deposited or paid by

such State. Upon completion of such project and

its acceptance by the Secretary, an adjustment

shall be made in such Federal share payable on

account of such project based on the final cost

thereof. Any sums reimbursed to the State

under this section which may be in excess of the

Federal pro rata share under the provisions of

this title of the State’s share of the cost as set

forth in the approved final voucher submitted by

the State shall be recovered and credited to the

same class of funds from which the Federal payment under this section was made.

(Added Pub. L. 86–657, §4(a), July 14, 1960, 74

Stat. 522.)

§ 133. Surface transportation program

(a) ESTABLISHMENT.—The Secretary shall establish a surface transportation program in accordance with this section.

(b) ELIGIBLE PROJECTS.—A State may obligate

funds apportioned to it under section 104(b)(3)

for the surface transportation program only for

the following:

(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational

improvements for highways (including Interstate highways) and bridges (including bridges

on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other

transportation modes, and including the seismic retrofit and painting of and application of

calcium magnesium acetate on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title.

(2) Capital costs for transit projects eligible

for assistance under chapter 53 of title 49 and

publicly owned intracity or intercity bus terminals and facilities.

(3) Carpool projects, fringe and corridor

parking facilities and programs, and bicycle

transportation and pedestrian walkways in accordance with section 217.

(4) Highway and transit safety improvements and programs, hazard eliminations,

projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.

(5) Highway and transit research and development and technology transfer programs.

(6) Capital and operating costs for traffic

monitoring, management, and control facilities and programs.

(7) Surface transportation planning programs.

(8) Transportation enhancement activities.

(9) Transportation control measures listed in

section 108(f)(1)(A) (other than clauses (xii)

and (xvi)) of the Clean Air Act.

(10) Development and establishment of management systems under section 303.

(11) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects

funded under this title, which may include

participation in wetlands mitigation banks;

contributions to statewide and regional efforts

to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation

plans, including any such banks, efforts, and

plans authorized pursuant to the Water Resources Development Act of 1990 (including

crediting provisions). Contributions to such

mitigation efforts may take place concurrent

with or in advance of project construction.

Contributions toward these efforts may occur

in advance of project construction only if such

efforts are consistent with all applicable requirements of Federal law and regulations and

State transportation planning processes.

(c) LOCATION OF PROJECTS.—Except as provided

in subsection (b)(1), surface transportation program projects (other than those described in

subsections (b)(3) and (4)) may not be undertaken on roads functionally classified as local or

rural minor collectors, unless such roads are on

a Federal-aid highway system on January 1,

1991, and except as approved by the Secretary.

(d) ALLOCATIONS OF APPORTIONED FUNDS.—

(1) FOR SAFETY PROGRAMS.—10 percent of the

funds apportioned to a State under section

104(b)(3) for the surface transportation program for a fiscal year shall only be available

for carrying out sections 130 and 152 of this

title. Of the funds set aside under the preceding sentence, the State shall reserve in such

fiscal year an amount of such funds for carrying out each such section which is not less

than the amount of funds apportioned to the

State in fiscal year 1991 under such section.

(2) FOR TRANSPORTATION ENHANCEMENT ACTIVITIES.—10 percent of the funds apportioned

to a State under section 104(b)(3) for a fiscal

year shall only be available for transportation

enhancement activities.

(3) DIVISION BETWEEN URBANIZED AREAS OF

OVER 200,000 POPULATION AND OTHER AREAS.—

(A) GENERAL RULE.—Except as provided in

subparagraphs (C) and (D), 62.5 percent of the

remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for

a fiscal year shall be obligated under this

section—

(i) in urbanized areas of the State with

an urbanized area population of over

200,000, and

(ii) in other areas of the State,

in proportion to their relative share of the

State’s population. The remaining 37.5 percent may be obligated in any area of the

State. Funds attributed to an urbanized area

under clause (i) may be obligated in the metropolitan area established under section 134

which encompasses the urbanized area.

(B) SPECIAL RULE FOR AREAS OF LESS THAN

5,000 POPULATION.—Of the amounts required

tobe 1 obligated under subparagraph (A)(ii),