§ 317. — Appropriation for highway purposes of lands or interests in lands owned by the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC317]
TITLE 23--HIGHWAYS
CHAPTER 3--GENERAL PROVISIONS
Sec. 317. Appropriation for highway purposes of lands or
interests in lands owned by the United States
(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 system or under the provisions of chapter 2
of this title.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105-178, title I,
Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)
Amendments
1998--Subsecs. (b), (c). Pub. L. 105-178 substituted ``State
transportation department'' for ``State highway department''.
Section Referred to in Other Sections
This section is referred to in title 43 section 1770.
