§ 131. — Control of outdoor advertising.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC131]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 131. Control of outdoor advertising
(a) The Congress hereby finds and declares that the erection and
maintenance of outdoor advertising signs, displays, and devices 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 erection and maintenance along the
Interstate System and the primary system of outdoor advertising signs,
displays, and devices which are within six hundred and sixty feet of the
nearest edge of the right-of-way and visible from the main traveled way
of the system, and Federal-aid highway funds apportioned on or after
January 1, 1975, or after the expiration of the next regular session of
the State legislature, whichever is later, to any State which the
Secretary determines has not made provision for effective control of the
erection and maintenance along the Interstate System and the primary
system of those additional outdoor advertising signs, displays, and
devices which are more than six hundred and sixty feet off the nearest
edge of the right-of-way, located outside of urban areas, visible from
the main traveled way of the system, and erected with the purpose of
their message being read from such main traveled way, 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 such signs, displays, or devices
after January 1, 1968, if located within six hundred and sixty feet of
the right-of-way and, on or after July 1, 1975, or after the expiration
of the next regular session of the State legislature, whichever is
later, if located beyond six hundred and sixty feet of the right-of-way
located outside of urban areas, visible from the main traveled way of
the system, and erected with the purpose of their message being read
from such main traveled way, shall, pursuant to this section, be limited
to (1) directional and official signs and notices, which signs and
notices shall include, but not be limited to, signs and notices
pertaining to natural wonders, scenic and historical attractions, which
are required or authorized by law, which shall conform to national
standards hereby authorized to be promulgated by the Secretary
hereunder, which standards shall contain provisions concerning lighting,
size, number, and spacing of signs, and such other requirements as may
be appropriate to implement this section, (2) signs, displays, and
devices advertising the sale or lease of property upon which they are
located, (3) signs, displays, and devices, including those which may be
changed at reasonable intervals by electronic process or by remote
control, advertising activities conducted on the property on which they
are located, (4) signs lawfully in existence on October 22, 1965,
determined by the State, subject to the approval of the Secretary, to be
landmark signs, including signs on farm structures or natural surfaces,
or historic or artistic significance the preservation of which would be
consistent with the purposes of this section, and (5) signs, displays,
and devices advertising the distribution by nonprofit organizations of
free coffee to individuals traveling on the Interstate System or the
primary system. For the purposes of this subsection, the term ``free
coffee'' shall include coffee for which a donation may be made, but is
not required.
(d) In order to promote the reasonable, orderly and effective
display of outdoor advertising while remaining consistent with the
purposes of this section, signs, displays, and devices whose size,
lighting and spacing, consistent with customary use is to be determined
by agreement between the several States and the Secretary, may be
erected and maintained within six hundred and sixty feet of the nearest
edge of the right-of-way within areas adjacent to the Interstate and
primary systems which are zoned industrial or commercial under authority
of State law, or in unzoned commercial or industrial areas as may be
determined by agreement between the several States and the Secretary.
The States shall have full authority under their own zoning laws to zone
areas for commercial or industrial purposes, and the actions of the
States in this regard will be accepted for the purposes of this Act.
Whenever a bona fide State, county, or local zoning authority has made a
determination of customary use, such determination will be accepted in
lieu of controls by agreement in the zoned commercial and industrial
areas within the geographical jurisdiction of such authority. Nothing in
this subsection shall apply to signs, displays, and devices referred to
in clauses (2) and (3) of subsection (c) of this section.
(e) Any sign, display, or device lawfully in existence along the
Interstate System or the Federal-aid primary system on September 1,
1965, which does not conform to this section shall not be required to be
removed until July 1, 1970. Any other sign, display, or device lawfully
erected which does not conform to this section shall not be required to
be removed until the end of the fifth year after it becomes
nonconforming.
(f) The Secretary shall, in consultation with the States, provide
within the rights-of-way for areas at appropriate distances from
interchanges on the Interstate System, on which signs, displays, and
devices giving specific information in the interest of the traveling
public may be erected and maintained. The Secretary may also, in
consultation with the States, provide within the rights-of-way of the
primary system for areas in which signs, displays, and devices giving
specific information in the interest of the traveling public may be
erected and maintained. Such signs shall conform to national standards
to be promulgated by the Secretary.
(g) Just compensation shall be paid upon the removal of any outdoor
advertising sign, display, or device lawfully erected under State law
and not permitted under subsection (c) of this section, whether or not
removed pursuant to or because of this section. The Federal share of
such compensation shall be 75 per centum. Such compensation shall be
paid for the following:
(A) The taking from the owner of such sign, display, or device
of all right, title, leasehold, and interest in such sign, display,
or device; and
(B) The taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and
maintain such signs, displays, and devices thereon.
(h) All public lands or reservations of the United States which are
adjacent to any portion of the Interstate System and the primary system
shall be controlled in accordance with the provisions of this section
and the national standards promulgated by the Secretary.
(i) In order to provide information in the specific interest of the
traveling public, the State transportation departments are authorized to
maintain maps and to permit information directories and advertising
pamphlets to be made available at safety rest areas. Subject to the
approval of the Secretary, a State may also establish information
centers at safety rest areas and other travel information systems within
the rights-of-way for the purpose of informing the public of places of
interest within the State and providing such other information as a
State may consider desirable. The Federal share of the cost of
establishing such an information center or travel information system
shall be that which is provided in section 120 for a highway project on
that Federal-aid system to be served by such center or system.
(j) Any State transportation department which has, under this
section as in effect on June 30, 1965, entered into an agreement with
the Secretary to control the erection and maintenance of outdoor
advertising signs, displays, and devices in areas adjacent to the
Interstate System shall be entitled to receive the bonus payments as set
forth in the agreement, but no such State transportation department
shall be entitled to such payments unless the State maintains the
control required under such agreement: Provided, That permission by a
State to erect and maintain information displays which may be changed at
reasonable intervals by electronic process or remote control and which
provide public service information or advertise activities conducted on
the property on which they are located shall not be considered a breach
of such agreement or the control required thereunder. Such payments
shall be paid only from appropriations made to carry out this section.
The provisions of this subsection shall not be construed to exempt any
State from controlling outdoor advertising as otherwise provided in this
section.
(k) Subject to compliance with subsection (g) of this section for
the payment of just compensation, nothing in this section shall prohibit
a State from establishing standards imposing stricter limitations with
respect to signs, displays, and devices on the Federal-aid highway
systems than those established under this section.
(l) Not less than sixty days before making a final determination to
withhold funds from a State under subsection (b) of this section, or to
do so under subsection (b) of section 136, or with respect to failing to
agree as to the size, lighting, and spacing of signs, displays, and
devices or as to unzoned commercial or industrial areas in which signs,
displays, and devices may be erected and maintained under subsection (d)
of this section, or with respect to failure to approve under subsection
(g) of section 136, the Secretary shall give written notice to the State
of his proposed determination and a statement of the reasons therefor,
and during such period shall give the State an opportunity for a hearing
on such determination. Following such hearing the Secretary shall issue
a written order setting forth his final determination and shall furnish
a copy of such order to the State. Within forty-five days of receipt of
such order, the State may appeal such order to any United States
district court for such State, and upon the filing of such appeal such
order shall be stayed until final judgment has been entered on such
appeal. Summons may be served at any place in the United States. The
court shall have jurisdiction to affirm the determination of the
Secretary or to set it aside, in whole or in part. The judgment of the
court shall be subject to review by the United States court of appeals
for the circuit in which the State is located and to the Supreme Court
of the United States upon certiorari or certification as provided in
title 28, United States Code, section 1254. If any part of an
apportionment to a State is withheld by the Secretary under subsection
(b) of this section or subsection (b) of section 136, the amount so
withheld shall not be reapportioned to the other States as long as a
suit brought by such State under this subsection is pending. Such amount
shall remain available for apportionment in accordance with the final
judgment and this subsection. Funds withheld from apportionment and
subsequently apportioned or reapportioned under this section shall be
available for expenditure for three full fiscal years after the date of
such apportionment or reapportionment as the case may be.
(m) There is authorized to be appropriated to carry out the
provisions of 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 $2,000,000 for the fiscal year
ending June 30, 1970, not to exceed $27,000,000 for the fiscal year
ending June 30, 1971, not to exceed $20,500,000 for the fiscal year
ending June 30, 1972, and not to exceed $50,000,000 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. Subject to
approval by the Secretary in accordance with the program of projects
approval process of section 105,\1\ a State may use any funds
apportioned to it under section 104 of this title for removal of any
sign, display, or device lawfully erected which does not conform to this
section.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(n) No sign, display, or device shall be required to be removed
under this section if the Federal share of the just compensation to be
paid upon removal of such sign, display, or device is not available to
make such payment. Funds apportioned to a State under section 104 of
this title shall not be treated for purposes of the preceding sentence
as being available to the State for making such a payment except to the
extent that the State, in its discretion, expends such funds for such a
payment.
(o) The Secretary may approve the request of a State to permit
retention in specific areas defined by such State of directional signs,
displays, and devices lawfully erected under State law in force at the
time of their erection which do not conform to the requirements of
subsection (c), where such signs, displays, and devices are in existence
on the date of enactment of this subsection and where the State
demonstrates that such signs, displays, and devices (1) provide
directional information about goods and services in the interest of the
traveling public, and (2) are such that removal would work a substantial
economic hardship in such defined area.
(p) In the case of any sign, display, or device required to be
removed under this section prior to the date of enactment of the
Federal-Aid Highway Act of 1974, which sign, display, or device was
after its removal lawfully relocated and which as a result of the
amendments made to this section by such Act is required to be removed,
the United States shall pay 100 per centum of the just compensation for
such removal (including all relocation costs).
(q)(1) During the implementation of State laws enacted to comply
with this section, the Secretary shall encourage and assist the States
to develop sign controls and programs which will assure that necessary
directional information about facilities providing goods and services in
the interest of the traveling public will continue to be available to
motorists. To this end the Secretary shall restudy and revise as
appropriate existing standards for directional signs authorized under
subsections 131(c)(1) and 131(f) to develop signs which are functional
and esthetically compatible with their surroundings. He shall employ the
resources of other Federal departments and agencies, including the
National Endowment for the Arts, and employ maximum participation of
private industry in the development of standards and systems of signs
developed for those purposes.
(2) Among other things the Secretary shall encourage States to adopt
programs to assure that removal of signs providing necessary directional
information, which also were providing directional information on June
1, 1972, about facilities in the interest of the traveling public, be
deferred until all other nonconforming signs are removed.
(r) Removal of Illegal Signs.--
(1) By owners.--Any sign, display, or device along the
Interstate System or the Federal-aid primary system which was not
lawfully erected, shall be removed by the owner of such sign,
display, or device not later than the 90th day following the
effective date of this subsection.
(2) By states.--If any owner does not remove a sign, display, or
device in accordance with paragraph (1), the State within the
borders of which the sign, display, or device is located shall
remove the sign, display, or device. The owner of the removed sign,
display, or device shall be liable to the State for the costs of
such removal. Effective control under this section includes
compliance with the first sentence of this paragraph.
(s) Scenic Byway Prohibition.--If a State has a scenic byway
program, the State may not allow the erection along any highway on the
Interstate System or Federal-aid primary system which before, on, or
after the effective date of this subsection, is designated as a scenic
byway under such program of any sign, display, or device which is not in
conformance with subsection (c) of this section. Control of any sign,
display, or device on such a highway shall be in accordance with this
section. In designating a scenic byway for purposes of this section and
section 1047 of the Intermodal Surface Transportation Efficiency Act of
1991, a State may exclude from such designation any segment of a highway
that is inconsistent with the State's criteria for designating State
scenic byways. Nothing in the preceding sentence shall preclude a State
from signing any such excluded segment, including such segment on a map,
or carrying out similar activities, solely for purposes of system
continuity.
(t) Primary System Defined.--For purposes of this section, the terms
``primary system'' and ``Federal-aid primary system'' mean the Federal-
aid primary system in existence on June 1, 1991, and any highway which
is not on such system but which is on the National Highway System.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86-342, title I,
Sec. 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87-61, title I,
Sec. 106, June 29, 1961, 75 Stat. 123; Pub. L. 88-157, Sec. 5, Oct. 24,
1963, 77 Stat. 277; Pub. L. 89-285, title I, Sec. 101, Oct. 22, 1965, 79
Stat. 1028; Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80 Stat. 768;
Pub. L. 90-495, Sec. 6(a)-(d), Aug. 23, 1968, 82 Stat. 817; Pub. L. 91-
605, title I, Sec. 122(a), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93-643,
Sec. 109, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94-280, title I,
Sec. 122, May 5, 1976, 90 Stat. 438; Pub. L. 95-599, title I, Secs. 121,
122, Nov. 6, 1978, 92 Stat. 2700, 2701; Pub. L. 96-106, Sec. 6, Nov. 9,
1979, 93 Stat. 797; Pub. L. 102-240, title I, Sec. 1046(a)-(c), Dec. 18,
1991, 105 Stat. 1995, 1996; Pub. L. 102-302, Sec. 104, June 22, 1992,
106 Stat. 253; Pub. L. 104-59, title III, Sec. 314, Nov. 28, 1995, 109
Stat. 586; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A), June 9, 1998,
112 Stat. 193.)
References in Text
This Act, referred to in subsec. (d), probably means Pub. L. 89-285,
Oct. 22, 1965, 79 Stat. 1028, as amended, known as the Highway
Beautification Act of 1965, which enacted section 136 of this title and
provisions set out as notes under sections 131 and 135 of this title and
amended sections 131 and 319 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 136
of this title and Tables.
Section 105, referred to in subsec. (m), was amended generally by
Pub. L. 105-178, title I, Sec. 1104(a), June 9, 1998, 112 Stat. 127,
and, as so amended, no longer refers to program of highway project
approval process by Secretary.
The date of enactment of this subsection, referred to in subsec.
(o), means May 5, 1976, the date of approval of Pub. L. 94-280.
The date of enactment of the Federal-Aid Highway Act of 1974,
referred to in subsec. (p), means Jan. 3, 1975, the date of approval of
Pub. L. 93-643.
For the effective date of this subsection, referred to in subsecs.
(r)(1) and (s), see the Effective Date of 1991 Amendment note set out
below.
Section 1047 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (s), is section 1047 of Pub. L. 102-240,
which is set out as a note under section 101 of this title.
Amendments
1998--Subsec. (i). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
substituted ``State transportation departments'' for ``State highway
departments''.
Subsec. (j). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department'' in
two places.
1995--Subsec. (s). Pub. L. 104-59 inserted at end ``In designating a
scenic byway for purposes of this section and section 1047 of the
Intermodal Surface Transportation Efficiency Act of 1991, a State may
exclude from such designation any segment of a highway that is
inconsistent with the State's criteria for designating State scenic
byways. Nothing in the preceding sentence shall preclude a State from
signing any such excluded segment, including such segment on a map, or
carrying out similar activities, solely for purposes of system
continuity.''
1992--Subsec. (n). Pub. L. 102-302 inserted at end ``Funds
apportioned to a State under section 104 of this title shall not be
treated for purposes of the preceding sentence as being available to the
State for making such a payment except to the extent that the State, in
its discretion, expends such funds for such a payment.''
1991--Subsec. (m). Pub. L. 102-240, Sec. 1046(a), inserted at end
``Subject to approval by the Secretary in accordance with the program of
projects approval process of section 105, a State may use any funds
apportioned to it under section 104 of this title for removal of any
sign, display, or device lawfully erected which does not conform to this
section.''
Subsecs. (r) to (t). Pub. L. 102-240, Sec. 1046(b), (c), added
subsecs. (r) to (t).
1979--Subsec. (c)(5). Pub. L. 96-106 substituted ``distribution by
nonprofit'' for ``distribution of nonprofit''.
1978--Subsec. (c). Pub. L. 95-599 Secs. 121, 122(c), inserted
``including those which may be changed at reasonable intervals by
electronic process or by remote control,'' after ``devices'' in cl. (3)
and added cl. (5).
Subsec. (g). Pub. L. 95-599, Sec. 122(a), inserted provision
relating to just compensation for the removal of signs lawfully erected
under State law but not permitted under subsec. (c).
Subsec. (j). Pub. L. 95-599, Sec. 122(d), inserted provision
relating to permission by the State to erect and maintain information
displays.
Subsec. (k). Pub. L. 95-599, Sec. 122(b), substituted ``Subject to
compliance with subsection (g) of this section for the payment of just
compensation, nothing'' for ``Nothing''.
1976--Subsec. (f). Pub. L. 94-280, Sec. 122(a), authorized the
Secretary, in consultation with the States, to provide within the
rights-of-way of the primary system for areas in which signs, displays,
and devices giving specific information in the interest of the traveling
public may be erected and maintained.
Subsec. (i). Pub. L. 94-280, Sec. 122(c), authorized a State to
establish travel information systems within the rights-of-way and
prescribed as the Federal share of the cost of establishing an
information center or travel information system the Federal share which
is provided in section 120 of this title for a highway project on that
Federal-aid system to be served by such center or system.
Subsecs. (o) to (q). Pub. L. 94-280, Sec. 122(b), added subsecs. (o)
to (q).
1975--Subsec. (b). Pub. L. 93-643, Sec. 109(a), required reduction
of Federal-aid highway funds apportioned on or after Jan. 1, 1975, or
after the expiration of the next regular session of the State
legislature, whichever is later, to any State which the Secretary
determines has not made provision for effective control of the erection
and maintenance along the Interstate System and the primary system of
those additional outdoor advertising signs, displays, and devices which
are more than 660 feet off the nearest edge of the right-of-way, located
outside of urban areas, visible from the main traveled way of the
system, and erected with the purpose of their message being read from
such main traveled way.
Subsec. (c). Pub. L. 93-643, Sec. 109(b), substituted ``Effective
control means that such signs, displays, or devices after January 1,
1968, if located within six hundred and sixty feet of the right-of-way
and, on or after July 1, 1975, or after the expiration of the next
regular session of the State legislature, whichever is later, if located
beyond six hundred and sixty feet of the right-of-way, located outside
of urban areas, visible from the main traveled way of the system, and
erected with the purpose of their message being read from such main
traveled way,'' for ``Effective control means that after January 1,
1968, such signs, displays, and devices'', deleted in cl. (1) ``other''
before ``official signs'', and added cl. (4).
Subsec. (g). Pub. L. 93-643, Sec. 109(c), substituted first sentence
reading ``Just compensation shall be paid upon the removal of any
outdoor advertising sign, display, or device lawfully erected under
State law.'' for prior first sentence which provided for payment of just
compensation for removal of outdoor advertising signs, displays, and
devices (1) lawfully in existence on Oct. 22, 1965, (2) lawfully on any
highway made a part of the interstate or primary system on or after Oct.
22, 1965, and before Jan. 1, 1968, and (3) lawfully erected on or after
Jan. 1, 1968.
1970--Subsec. (m). Pub. L. 91-605 authorized to be appropriated not
to exceed $27,000,000, $20,500,000 and $50,000,000, for the fiscal years
ending June 30, 1971, 1972, and 1973, respectively.
1968--Subsec. (d). Pub. L. 90-495, Sec. 6(a), provided that whenever
a bona fide State, county, or local zoning authority has made a
determination of customary use, such determination will be accepted in
lieu of controls by agreement in the zoned commercial and industrial
areas within the geographical jurisdiction of such authority.
Subsec. (j). Pub. L. 90-495, Sec. 6(b), struck out provision for the
imposition of controls on outdoor advertising by the Federal government
that are stricter than those imposed by the State highway department.
Subsec. (m). Pub. L. 90-495, Sec. 6(c), inserted provision
authorizing an appropriation of not to exceed $2,000,000 for the fiscal
year ending June 30, 1970.
Subsec. (n). Pub. L. 90-495, Sec. 6(d), added subsec. (n).
1966--Subsec. (m). Pub. L. 89-574 substituted provisions making
applicable to the funds authorized to be appropriated to carry out this
section after June 30, 1967 the provisions of chapter 1 of this title
relating to the obligation, 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 section.
1965--Subsec. (a). Pub. L. 89-285 struck out specific reference to
the area which lies within six-hundred and sixty feet of the edge of the
right-of-way and which is visible from the right-of-way and instead made
only general reference to the areas adjacent to the Interstate System
and struck out reference to types of permissible signs.
Subsec. (b). Pub. L. 89-285 substituted provisions reducing by 10
per centum the apportioned share, on or after January 1, 1968, of any
State not making provision for effective control of erection and
maintenance of outdoor advertising signs, displays and devices within
six-hundred and sixty feet of the nearest edge of the right of way and
visible from the traveled portion, reapportioning withheld funds to
other States, and allowing for suspension of such provisions in the
discretion of the Secretary, for provisions which authorized the
Secretary to enter into agreements with the States to carry out national
policy on control of areas adjacent to the Interstate System.
Subsec. (c). Pub. L. 89-285 substituted provisions setting out
permissible types of signs as directional and other official signs and
notices, signs advertising sale or lease of property on which the sign
is located, and signs, displays, and devices advertising activities
conducted on the property on which the sign is located, for provisions
allowing for an increase in the Federal share payable under the Federal-
Aid Highway Act of 1956, as amended, in the case of States entering into
an agreement with the Secretary prior to July 1, 1965.
Subsec. (d). Pub. L. 89-285 substituted provisions allowing for
agreements between the Secretary and the several States covering
commercial or industrial property, for provisions covering control of
the adjacent area when the Interstate System is located on or near
public lands or reservations of the United States.
Subsec. (e). Pub. L. 89-285 substituted provisions setting out the
timetable for removal of signs, displays, and devices lawfully along
Interstate System or Federal-aid primary system highways, for provisions
allowing the inclusion of the cost of purchase or condemnation of the
right to advertise or control advertising in the area adjacent to
Interstate System right-of-way as part of the cost of construction.
Subsecs. (f) to (m). Pub. L. 89-285 added subsecs. (f) to (m).
1963--Subsec. (c). Pub. L. 88-157 substituted ``July 1, 1965'' for
``July 1, 1963''.
1961--Subsec. (c). Pub. L. 87-61 substituted ``July 1, 1963'' for
``July 1, 1961''.
1959--Subsec. (b). Pub. L. 86-342 substituted ``Agreements entered
into between the Secretary of Commerce and State highway departments
under this section 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.
Study of State Practices on Specific Service Signing
Pub. L. 105-178, title I, Sec. 1213(g), June 9, 1998, 112 Stat. 202,
provided that:
``(1) Study.--The Secretary shall conduct a study to determine the
practices in the States for specific service food signs described in
sections 2G-5.7 and 2G-5.8 of the Manual on Uniform Traffic Control
Devices for Streets and Highways. The study shall examine, at a
minimum--
``(A) the practices of all States for determining businesses
eligible for inclusion on such signs;
``(B) whether States allow businesses to be removed from such
signs and the circumstances for such removal;
``(C) the practices of all States for erecting and maintaining
such signs, including the time required for erecting such signs; and
``(D) whether States contract out the erection and maintenance
of such signs.
``(2) Report.--Not later than 1 year after the date of enactment of
this Act [June 9, 1998], the Secretary shall transmit to Congress a
report on the results of the study, including any recommendations and,
if appropriate, modifications to the Manual.''
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 Federal-aid
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,
Sec. 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.
