Page 107 TITLE 23—HIGHWAYS § 135

population unless responsible public officials of such

area have been consulted and their views considered

with respect to the corridor, the location, and the design of the project, and added subsec. (b).

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.

DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO

CENTRAL BUSINESS DISTRICT OF METROPOLITAN AREAS

Section 155 of Pub. L. 95–599 authorized Secretary of

Transportation to carry out a demonstration project in

a metropolitan area respecting the restriction of access

of motor vehicles to the central business district during peak hours of traffic, authorized the necessary appropriations, and required progress reports and a final

report and recommendations not later than three years

after Nov. 6, 1978.

REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERALAID PRIMARY AND INTERSTATE HIGHWAYS LOCATED IN

CENTRAL BUSINESS DISTRICTS

Section 159 of Pub. L. 95–599 directed Secretary to

conduct a study and submit a report to Congress not

later than two years after Nov. 6, 1978, respecting the

potential for reducing urban blight adjacent to Federal-aid primary and interstate highways located in

central business districts.

URBAN SYSTEM STUDY

Pub. L. 94–280, title I, §149, May 5, 1976, 90 Stat. 447,

directed Secretary of Transportation to conduct a

study of the factors involved in planning, selection,

etc., of Federal-aid urban system routes including an

analysis of organizations carrying out the planning

process, the status of jurisdiction over roads, programing responsibilities under local and State laws, and authority of local units, such study to be submitted to

Congress within six months of May 5, 1976.

FRINGE PARKING DEMONSTRATION PROJECTS

Pub. L. 90–495, §11, Aug. 23, 1968, 82 Stat. 820, authorized Secretary to approve construction of publicly

owned parking facilities under this title until June 30,

1971, as a demonstration project, authorized the Federal share of any project under this section to be 50%,

prevented approval of projects 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, defined

‘‘parking facilities’’, permitted a State or political subdivision to contract for the operation of such facility,

prohibited approval of the project by the Secretary unless it is carried on in accordance with section 134 of

this title (this section), and required annual reports to

Congress on the demonstration projects approved under

this section, prior to repeal by Pub. L. 91–605, title I,

§134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 115, 133,

135, 149, 157, 217, 307 of this title; title 42 sections 7504,

7506; title 49 section 5305.

§ 135. Statewide planning

(a) GENERAL REQUIREMENTS.—It is in the national interest to encourage and promote the development of transportation systems embracing

various modes of transportation in a manner

that will serve all areas of the State efficiently

and effectively. Subject to section 134 of this

title, the State shall develop transportation

plans and programs for all areas of the State.

Such plans and programs shall provide for development of transportation facilities (including

pedestrian walkways and bicycle transportation

facilities) which will function as an intermodal

State transportation system. The process for developing such plans and programs shall provide

for consideration of all modes of transportation

and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on

the complexity of the transportation problems.

(b) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLEMENTATION PLAN.—In carrying

out planning under this section, a State shall

coordinate such planning with the transportation planning activities carried out under section 134 of this title for metropolitan areas of

the State and shall carry out its responsibilities

for the development of the transportation portion of the State implementation plan to the extent required by the Clean Air Act.

(c) STATE PLANNING PROCESS.—Each State

shall undertake a continuous transportation

planning process which shall, at a minimum,

consider the following:

(1) The results of the management systems

required pursuant to subsection (b).

(2) Any Federal, State, or local energy use

goals, objectives, programs, or requirements.

(3) Strategies for incorporating bicycle

transportation facilities and pedestrian walkways in projects where appropriate throughout

the State.

(4) International border crossings and access

to ports, airports, intermodal transportation

facilities, major freight distribution routes,

national parks, recreation and scenic areas,

monuments and historic sites, and military installations.

(5) The transportation needs of nonmetropolitan areas through a process that includes

consultation with local elected officials with

jurisdiction over transportation.

(6) Any metropolitan area plan developed

pursuant to section 134.

(7) Connectivity between metropolitan areas

within the State and with metropolitan areas

in other States.

(8) Recreational travel and tourism.

(9) Any State plan developed pursuant to the

Federal Water Pollution Control Act.

(10) Transportation system management and

investment strategies designed to make the

most efficient use of existing transportation

facilities.

(11) The overall social, economic, energy,

and environmental effects of transportation

decisions.

(12) Methods to reduce traffic congestion and

to prevent traffic congestion from developing

in areas where it does not yet occur, including

methods which reduce motor vehicle travel,

particularly single-occupant motor vehicle

travel.

(13) Methods to expand and enhance transit

services and to increase the use of such services.
§ 135 TITLE 23—HIGHWAYS Page 108

1See References in Text note below.

(14) The effect of transportation decisions on

land use and land development, including the

need for consistency between transportation

decisionmaking and the provisions of all applicable short-range and long-range land use and

development plans.

(15) The transportation needs identified

through use of the management systems required by section 303 of this title.

(16) Where appropriate, the use of innovative

mechanisms for financing projects, including

value capture pricing, tolls, and congestion

pricing.

(17) Preservation of rights-of-way for construction of future transportation projects, including identification of unused rights-of-way

which may be needed for future transportation

corridors, and identify those corridors for

which action is most needed to prevent destruction or loss.

(18) Long-range needs of the State transportation system.

(19) Methods to enhance the efficient movement of commercial motor vehicles.

(20) The use of life-cycle costs in the design

and engineering of bridges, tunnels, or pavement.

(d) ADDITIONAL REQUIREMENTS.—Each State in

carrying out planning under this section shall,

at a minimum, consider the following:

(1) The coordination of transportation plans

and programs developed for metropolitan

areas of the State under section 134 with the

State transportation plans and programs developed under this section and the reconciliation of such plans and programs as necessary

to ensure connectivity within transportation

systems.

(2) Investment strategies to improve adjoining State and local roads that support rural

economic growth and tourism development,

Federal agency renewable resources management, and multipurpose land management

practices, including recreation development.

(3) The concerns of Indian tribal governments having jurisdiction over lands within

the boundaries of the State.

(e) LONG-RANGE PLAN.—The State shall develop a long-range transportation plan for all

areas of the State. With respect to metropolitan

areas of the State, the plan shall be developed in

cooperation with metropolitan planning organizations designated for metropolitan areas in the

State under section 134. With respect to areas of

the State under the jurisdiction of an Indian

tribal government, the plan shall be developed

in cooperation with such government and the

Secretary of the Interior. In developing the

plan, the State shall provide citizens, affected

public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of

transportation, and other interested parties

with a reasonable opportunity to comment on

the proposed plan. In addition, the State shall

develop a long-range plan for bicycle transportation and pedestrian walkways for appropriate

areas of the State which shall be incorporated

into the long-range transportation plan.

(f) TRANSPORTATION IMPROVEMENT PROGRAM.—

(1) DEVELOPMENT.—The State shall develop a

transportation improvement program for all

areas of the State. With respect to metropolitan areas of the State, the program shall be

developed in cooperation with metropolitan

planning organizations designated for metropolitan areas in the State under section 134. In

developing the program, the Governor shall

provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives,

private providers of transportation, and other

interested parties with a reasonable opportunity to comment on the proposed program.

(2) INCLUDED PROJECTS.—A transportation

improvement program for a State developed

under this subsection shall include projects

within the boundaries of the State which are

proposed for funding under this title and chapter 53 of title 49, which are consistent with the

long-range plan developed under this section

for the State, which are consistent with the

metropolitan transportation improvement

program, and which in areas designated as

nonattainment for ozone or carbon monoxide

under the Clean Air Act conform with the applicable State implementation plan developed

pursuant to the Clean Air Act. The program

shall include a project, or an identified phase

of a project, only if full funding can reasonably be anticipated to be available for such

project within the time period contemplated

for completion of the project. The program

shall also reflect the priorities for programming and expenditures of funds, including

transportation enhancements, required by this

title.

(3) PROJECT SELECTION FOR AREAS LESS THAN

50,000 POPULATION.—Projects undertaken in

areas of less than 50,000 population (excluding

projects undertaken on the National Highway

System and pursuant to the bridge and Interstate maintenance programs) shall be selected

by the State in cooperation with the affected

local officials. Projects undertaken in such

areas on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State

in consultation with the affected local officials.

(4) BIENNIAL REVIEW AND APPROVAL.—A

transportation improvement program developed under this subsection shall be reviewed

and approved no less frequently than biennially by the Secretary.

(g) FUNDING.—Funds set aside pursuant to section 307(c)(1) of title 23, United States Code,

shall be available to carry out the requirements

of this section.

(h) TREATMENT OF CERTAIN STATE LAWS AS

CONGESTION MANAGEMENT SYSTEMS.—For purposes of this section, section 134, and sections

5303–5306 and 5323(k) of title 49, State laws, rules

or regulations pertaining to congestion management systems or programs may constitute the

congestion management system under this Act 1

if the Secretary finds that the State laws, rules

or regulations are consistent with, and fulfill
Page 109 TITLE 23—HIGHWAYS § 135

the intent of, the purposes of this section, section 134 or sections 5303–5306 and 5323(k), as appropriate.

(Added Pub. L. 90–495, §10(a), Aug. 23, 1968, 82

Stat. 820; amended Pub. L. 91–605, title I,

§§106(g), 125, Dec. 31, 1970, 84 Stat. 1718, 1729; Pub.

L. 93–87, title I, §119, Aug. 13, 1973, 87 Stat. 259;

Pub. L. 94–280, title I, §123(a), May 5, 1976, 90

Stat. 439; Pub. L. 102–240, title I, §1025(a), Dec.

18, 1991, 105 Stat. 1962; Pub. L. 103–429, §3(6), Oct.

31, 1994, 108 Stat. 4378.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (b) and

(f)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et

seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see

Short Title note set out under section 7401 of Title 42

and Tables.

The Federal Water Pollution Control Act, referred to

in subsec. (c)(9), is act June 30, 1948, ch. 758, as amended

generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (§1251 et seq.)

of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short

Title note set out under section 1251 of Title 33 and

Tables.

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

Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914, known as

the Intermodal Surface Transportation Efficiency Act

of 1991. For complete classification of this Act to the

Code, see Short Title of 1991 Amendment note set out

under section 101 of Title 49, Transportation, and

Tables.

PRIOR PROVISIONS

A prior section 135, Pub. L. 89–139, §4(a), Aug. 28, 1965,

79 Stat. 578, called for a highway safety program in

each State approved by the Secretary, prior to repeal

by Pub. L. 89–564, title I, §102(a), Sept. 9, 1966, 80 Stat.

734. See section 402 of this title.

AMENDMENTS

1994—Subsec. (f)(2). Pub. L. 103–429, §3(6)(A), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

Subsec. (h). Pub. L. 103–429, §3(6)(B), substituted ‘‘sections 5303–5306 and 5323(k) of title 49’’ for ‘‘section 8 of

the Federal Transit Act, United States Code’’ and ‘‘section 8 of such Act’’.

1991—Pub. L. 102–240 substituted section catchline for

one which read: ‘‘Traffic operations improvement programs’’, and amended text generally. Prior to amendment, text read as follows:

‘‘(a) The Congress hereby finds and declares it to be

in the national interest that each State shall have a

continuing program designed to reduce traffic congestion and facilitate the flow of traffic.

‘‘(b) The Secretary may approve under this section

any project for improvements on any public road which

project will directly facilitate and control traffic flow

on any of the Federal-aid systems.’’

1976—Pub. L. 94–280 struck out introductory words

‘‘Urban area’’ in section catchline.

Subsec. (a). Pub. L. 94–280 struck out ‘‘within the designated boundaries of urban areas of the State’’ and ‘‘in

the urban areas’’ after ‘‘continuing program’’ and ‘‘flow

of traffic’’, respectively.

Subsec. (b). Pub. L. 94–280 substituted ‘‘any project

for improvements on any public road which project will

directly facilitate and control traffic flow on any of the

Federal-aid systems’’ for ‘‘any project on an extension

of the Federal-aid primary or secondary system in

urban areas and on the Federal-aid urban system for

improvements which directly facilitate and control

traffic flow, such as grade separation of intersections,

widening of lanes, channelization of traffic, traffic control systems, and loading and unloading ramps. If such

project is located in an urban area of more than fifty

thousand population, such project shall be based on a

continuing comprehensive transportation planning

process carried on in accordance with section 134 of this

title’’.

Subsec. (c). Pub. L. 94–280 struck out subsec. (c)

which provided for an annual report by the Secretary

on projects approved under this section with recommendations for further improvement of traffic operations in accordance with this section.

1973—Subsecs. (c), (d). Pub. L. 93–87 struck out subsec.

(c) which provided for apportionment of sums authorized to carry out this section in accordance with section 104(b)(3) of this title, and redesignated subsec. (d)

as (c).

1970—Subsec. (b). Pub. L. 91–605 inserted reference to

the Federal-aid urban system and required that

projects under this section be based on a continuing

comprehensive transportation planning process carried

on in accordance with section 134 of this title only in

urban areas of more than fifty thousand population.

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

Section effective Aug. 23, 1968, see section 37 of Pub.

L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.

DEMONSTRATION PROJECT FOR AUTOMATED ROADWAY

MANAGEMENT SYSTEM

Pub. L. 95–599, title I, §154, Nov. 6, 1978, 92 Stat. 2716,

provided that:

‘‘(a) The Secretary of Transportation is authorized to

carry out a demonstration project of the use of a sophisticated automated roadway management system to

increase the capacity and safety of automobile travel

in high density travel corridors without providing additional lanes of pavement. The management system

shall coordinate the traffic flow in major freeways and

arterials servicing the travel corridor by use of an integrated system of vehicle sensors to monitor traffic,

computers to assess traffic conditions throughout the

corridor, and devices to communicate with drivers, police, and emergency equipment.

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

out this section, out of the Highway Trust Fund, not to

exceed $1,500,000 for the fiscal year ending September

30, 1979, not to exceed $2,500,000 for the fiscal year ending September 30, 1980, and not to exceed $26,000,000 for

the fiscal year ending September 30, 1981.

‘‘(c) The Federal share payable on account of any

project authorized under this section shall not exceed

90 per centum of the total cost thereof.

‘‘(d) Funds authorized by this section shall be available for obligation in the same manner and to the same

extent as if such funds were apportioned under chapter

1 of title 23, United States Code, except that the Federal share of the cost of any project under this section

shall not exceed 90 per centum.’’

TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION

PROJECTS; REPORTS TO SECRETARY OF TRANSPORTATION; REPORT TO CONGRESS

Section 146 of Pub. L. 94–280 provided that:

‘‘(a) The Secretary of Transportation is authorized to

carry out traffic control signalization demonstration

projects designed to demonstrate through the use of

technology not now in general use the increased capacity of existing highways, the conservation of fuel, the
§ 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.