§ 319. — Landscaping and scenic enhancement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC319]
TITLE 23--HIGHWAYS
CHAPTER 3--GENERAL PROVISIONS
Sec. 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 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 \1/4\ 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.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89-285, title III,
Sec. 301(a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89-574, Sec. 8(b),
Sept. 13, 1966, 80 Stat. 768; Pub. L. 90-495, Sec. 6(f), Aug. 23, 1968,
82 Stat. 818; Pub. L. 94-280, title I, Sec. 136(a), May 5, 1976, 90
Stat. 442; Pub. L. 100-17, title I, Sec. 130, Apr. 2, 1987, 101 Stat.
169.)
Amendments
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.
Effective Date of 1968 Amendment
Amendment 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
Section 136(b) of Pub. L. 94-280 provided that: ``All sums
authorized to be appropriated to carry out section 319(b) of title 23,
United States Code [former subsec. (b) of this section], as in effect
immediately before the date of enactment of this section [May 5, 1976]
shall continue to be available for appropriation, obligation, and
expenditure in accordance with such section 319(b) [former subsec. (b)
of this section], notwithstanding the amendment made by the subsection
(a) of this section [to this section].''
National Scenic Highway System Study and User Access Study for Parks and
Recreation Areas
Pub. L. 93-87, title I, Sec. 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 Dwellings
Prohibition 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 Compensation
Prohibition 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.
