§319 — Title 23 Highways | U.S. Code

Summary

The Secretary can approve paying for landscaping and roadside work as part of building Federal-aid highways. That includes buying and improving public rest and recreation areas, sanitary facilities, and strips of land next to highways to restore and improve scenic beauty and pollinator habitat. Any landscaping project must include planting native wildflower seeds or seedlings, and at least 1/4 of 1 percent of the project money must fund those plantings. A State can ask for a waiver if wildflowers won’t grow or the land is limited or used for farming, and donations of native seeds or seedlings are allowed. When working with willing States, the Secretary must promote careful roadside vegetation management, like less mowing, and encourage plantings that create habitat and food for Monarch butterflies, other native pollinators, and honey bees, including noninvasive native milkweed.

Title 23, §319

Highways — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–94, § 1415(a)(1), inserted “(including the enhancement of habitat and forage for pollinators)” before “adjacent”. Subsec. (c). Pub. L. 114–94, § 1415(a)(2), added subsec. (c). 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 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

June 30, 1966, and 1967, and $20,000,000 for fiscal year ending

June 30, 1970; 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

June 30, 1967. 1968—Subsec. (b). Pub. L. 90–495 inserted provisions authorizing an appropriation of not to exceed $20,000,000 for the fiscal year ending

June 30, 1970. 1966—Subsec. (b). Pub. L. 89–574 substituted provisions making applicable to the funds authorized to be appropriated to carry out this subsection after

June 30, 1967, 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. 1965—Pub. L. 89–285 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

June 30, 1966, and $120,000,000 for fiscal year ending

June 30, 1967, and prohibited use of Highway Trust Fund moneys in carrying out the scenic enhancement provisions.

Statutory Notes and Related Subsidiaries

Effective Date

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

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–495 effective

August 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. Continuing Availability of Appropriated Funds for Appropriation, Obligation, and Expenditure Pub. L. 94–280, title I, § 136(b),

May 5, 1976, 90 Stat. 443, provided that all sums authorized to be appropriated to carry out this section as in effect immediately before

May 5, 1976, 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, § 134, Aug. 13, 1973, 87 Stat. 268, 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

July 1, 1974, and Jan. 1, 1975, respectively. Acquisition of DwellingsProhibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89–285, see section 305 of Pub. L. 89–285, set out as a note under section 131 of this title. Taking of Private Property Without Just CompensationProhibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89–285, see section 401 of Pub. L. 89–285, set out as a note under section 131 of this title.

§319 Landscaping and scenic enhancement

Summary

Title 23, §319

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata