§317 — Title 23 Highways | U.S. Code

Summary

The Secretary may set aside parts of U.S.-owned land or materials if they are needed for a highway right-of-way or to build or maintain a nearby highway. The Secretary must send a map of the area to the federal agency that manages the land. If that agency does not object within four months, or agrees with conditions, the land or materials can be transferred to the State transportation department or its nominee under those conditions. If the State later no longer needs the land or materials, the State transportation department must tell the Secretary and control returns at once to the federal agency. The rule applies only to projects on Federal-aid highways or under chapter 2 of this title.

Title 23, §317

Highways — Source: USLM XML via OLRC

(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 transportation 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 transportation 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 highway or under the provisions of chapter 2 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (d). Pub. L. 112–141 substituted “highway” for “system”. 1998—Subsecs. (b), (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

§317 Appropriation for Highway Purposes of Lands or Interests in Lands Owned by the United States