23 U.S.C. § 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 (including the enhancement of habitat and forage for pollinators) 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 ¼ 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.

(c)

Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way .—

In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate—

(1)

encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and

(2)

encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators.

Pub. L. 85–767Aug. 27, 195872 Stat. 916 Pub. L. 89–285, title III, § 301(a)Oct. 22, 196579 Stat. 1032 Pub. L. 89–574, § 8(b)Sept. 13, 196680 Stat. 768 Pub. L. 90–495, § 6(f)Aug. 23, 196882 Stat. 818 Pub. L. 94–280, title I, § 136(a)May 5, 197690 Stat. 442 Pub. L. 100–17, title I, § 130Apr. 2, 1987101 Stat. 169 Pub. L. 114–94, div. A, title I, § 1415(a)Dec. 4, 2015129 Stat. 1421(, , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 114–94, § 1415(a)(1)2015—Subsec. (a). , inserted “(including the enhancement of habitat and forage for pollinators)” before “adjacent”.

Pub. L. 114–94, § 1415(a)(2)Subsec. (c). , added subsec. (c).

Pub. L. 100–171987— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 94–280June 30, 1966June 30, 1970June 30, 19671976—, 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 State out of appropriated funds an amount equivalent to 3 per centum of funds apportioned to a State for Federal-aid highways for landscape and roadside development use within the highway right-of-way, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way without being matched by the State; authorization of Secretary to except a State from the requirement upon a showing that amount is in excess of the State needs for the purposes; lapse of unused funds; appropriations authorization of $120,000,000 for fiscal years ending , and 1967, and $20,000,000 for fiscal year ending ; and provision making chapter 1 respecting obligation, period of availability, and expenditure of Federal-aid primary highway funds applicable to funds authorized to be appropriated to carry out subsec. (b) after .

Pub. L. 90–495June 30, 19701968—Subsec. (b). inserted provisions authorizing an appropriation of not to exceed $20,000,000 for the fiscal year ending .

Pub. L. 89–574June 30, 19671966—Subsec. (b). substituted provisions making applicable to the funds authorized to be appropriated to carry out this subsection after , the provisions of chapter 1 of this title relating to the obligations, 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 subsection.

Pub. L. 89–285June 30, 1966June 30, 19671965— rearranged section structurally, made provision for apportionment of an amount, in addition to the state’s annual apportionment, equivalent to 3 per centum of the fund annually apportioned to the state for federal-aid highways to acquire interests and improvements for restoration, preservation, and enhancement of scenic beauty adjacent to Federal-aid highways, authorized appropriations of $120,000,000 for fiscal year ending , and $120,000,000 for fiscal year ending , and prohibited use of Highway Trust Fund moneys in carrying out the scenic enhancement provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–94Oct. 1, 2015section 1003 of Pub. L. 114–94 section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 1968 Amendment

Pub. L. 90–495August 23, 1968section 37 of Pub. L. 90–495 section 101 of this titleAmendment by effective , see , set out as a note under .

Continuing Availability of Appropriated Funds for Appropriation, Obligation, and Expenditure

Pub. L. 94–280, title I, § 136(b)May 5, 197690 Stat. 443May 5, 1976, , , provided that all sums authorized to be appropriated to carry out this section as in effect immediately before , would continue to be available for appropriation, obligation, and expenditure in accordance with former subsec. (b) of this section.

National Scenic Highway System Study and User Access Study for Parks and Recreation Areas

Pub. L. 93–87, title I, § 134Aug. 13, 197387 Stat. 268July 1, 1974Jan. 1, 1975, , , mandated a study to determine the feasibility of a scenic highway system to link together recreational, historical sites, and a study of user access to parks and recreational areas, including alternatives to private automobiles, the results of the studies to be reported to Congress no later than , and , respectively.

Acquisition of Dwellings

Pub. L. 89–285 section 305 of Pub. L. 89–285 section 131 of this titleProhibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of , see , set out as a note under .

Taking of Private Property Without Just Compensation

Pub. L. 89–285 section 401 of Pub. L. 89–285 section 131 of this titleProhibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of , see , set out as a note under .