§ 111. Agreements relating to use of and access to rights-of-way—Interstate System

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 111

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895

2. 1961

   Federal-Aid Highway Act of 1961

   Pub. L. 87–61 title I § 104(a) · 75 Stat. 122

   Substituted · 23 U.S.C. § 111

   Pub. L. 87–61 substituted “to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere” for “to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehicles provided such use does not interfere”

   Source evidence

   Code amendment note
   Pub. L. 87–61 substituted “to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere” for “to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehicles provided such use does not interfere”.

   Enacted provision · exact public law section
   (a) The last sentence of section 111 of title 23 of the United States 72 Stat. 895. Code is amended to read as follows: “Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System.”

3. 1978

   Federal-Aid Highway Act of 1978

   Pub. L. 95–599 title I § 114 · 92 Stat. 2689

   Inserted · 23 U.S.C. § 111

   Pub. L. 95–599 inserted provision listing situations which would not require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users

   Source evidence

   Code amendment note
   Pub. L. 95–599 inserted provision listing situations which would not require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users.

   Enacted provision · exact public law section
   Sec. 114. access to rights-of-way Section 111 of title 23, United States Code, is amended by adding at the end thereof the following new sentence: “Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through concessionaries or otherwise, and (2) if all access to, and exits from, such establishment conform to the standards established for such a highway under this title.”.

4. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 title I § 110(a) · 101 Stat. 132

   1. Amended · 23 U.S.C. § 111

      Pub. L. 100–17 designated existing provision as subsec. (a)

   2. Inserted · 23 U.S.C. § 111

      Pub. L. 100–17 inserted heading for subsec. (a)

   3. Added · 23 U.S.C. § 111

      Pub. L. 100–17 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 100–17 designated existing provision as subsec. (a), inserted heading for subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   (a) Vending Machines.— Section 111 of title 23, United States Code, is amended by inserting “(a) In General.—” before “All agreements” and by adding at the end thereof the following new subsection: “(b) Vending Machines.— Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State highway department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the ‘Randolph-Sheppard Act’ (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines shall not be eligible for Federal assistance under this title.”.

5. 1995

   National Highway System Designation Act of 1995

   Pub. L. 104–59 title III § 306 · 109 Stat. 568

   Added · 23 U.S.C. § 111(c)

   Pub. L. 104–59 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–59 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 306. MOTORIST CALL BOXES. Section 111 of title 23, United States Code, is amended by adding at the end the following: “(c) Motorist Call Boxes.— “(1) In general.— Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rights-of-way of the National Highway System. Such motorist call boxes may include the identification and sponsorship logos of such call boxes. “(2) Sponsorship logos.— “(A) Approval by state and local agencies.— All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located. “(B) Size on box.— A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches. “(C) Size on identification sign.— Sponsorship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post. “(D) Spacing of signs.— Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles. “(E) Distribution throughout state.— Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000. “(3) Nonsafety hazards.— The call boxes and their location, posts, foundations, and mountings shall be consistent with requirements of the Manual on Uniform Traffic Control Devices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists.”.

6. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 title I § 1212(a)(2)(A)(i) · 112 Stat. 107

   Substituted · 23 U.S.C. § 111(a); 23 U.S.C. § 111(b)

   Pub. L. 105–178 substituted “State transportation department” for “State highway department”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 105–178 substituted “State transportation department” for “State highway department”.

   Enacted provision · exact public law section
   (i) by striking “State highway department” each 23 USC 102 et seq. place it appears and inserting “State transportation department”; and

7. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title I § 1412 · 119 Stat. 1144

   Added · 23 U.S.C. § 111(d)

   Pub. L. 109–59 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–59 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 1412. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-OF-WAY.   Section 111 of title 23, United States Code, is amended by adding at the end the following: “(d) Idling Reduction Facilities in Interstate Rights-of-Way.— “(1) In general.— Notwithstanding subsection (a), a State may— “(A) permit electrification or other idling reduction facilities and equipment, for use by motor vehicles used for commercial purposes, to be placed in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in the State, so long as those idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area; and “(B) charge a fee, or permit the charging of a fee, for the use of those parking spaces actively providing power to a truck to reduce idling. “(2) Purpose.— The exclusive purpose of the facilities described in paragraph (1) (or similar technologies) shall be to enable operators of motor vehicles used for commercial purposes— “(A) to reduce idling of a truck while parked in the rest or recreation area; and “(B) to use installed or other equipment specifically designed to reduce idling of a truck, or provide alternative power for supporting driver comfort, while parked.” .

8. 2008

   SAFETEA–LU Technical Corrections Act of 2008

   Pub. L. 110–244 title I § 104 · 122 Stat. 1572

   Struck · 23 U.S.C. § 111(d)

   Pub. L. 110–244 struck out subsec. (d) which related to idling reduction facilities in rights-of-way of Interstate System

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–244 struck out subsec. (d) which related to idling reduction facilities in rights-of-way of Interstate System.

   Enacted provision · exact public law section
   SEC. 104. IDLING REDUCTION FACILITIES.   Section 111(d) of title 23, United States Code, is repealed.

9. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1539(a)(1) · 126 Stat. 405

   Inserted · 23 U.S.C. § 111(a)

   Pub. L. 112–141, § 1539(a)(1), inserted “and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment” before period at end of second sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–141, § 1539(a)(1), inserted “and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment” before period at end of second sentence.

   Enacted provision · exact public law section
   (1) in subsection (a) in the second sentence by striking the period and inserting “and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment.”;

10. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1539(a)(2) · 126 Stat. 405

    1. Added · 23 U.S.C. § 111(b)(d)

       Pub. L. 112–141, § 1539(a)(2), (3), added subsec. (b)

    2. Redesignated · 23 U.S.C. § 111(b)(d)

       Pub. L. 112–141, § 1539(a)(2), (3), redesignated former subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 112–141, § 1539(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

11. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1505 · 126 Stat. 405

    Added · 23 U.S.C. § 111(e)

    Pub. L. 112–141, § 1505, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–141, § 1505, added subsec. (e).

    Enacted provision · exact public law section
    SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE SYSTEM.   Section 111 of title 23, United States Code, is amended by adding at the end the following: “(e) Justification Reports.— If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System, the Secretary may permit a State transportation department to approve the report.” .

12. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 div. A title I § 1405 · 129 Stat. 1312

    Inserted · 23 U.S.C. § 111(e)

    Pub. L. 114–94 inserted “(including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “the Interstate System”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–94 inserted “(including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “the Interstate System”.

    Enacted provision · exact public law section
    SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE SYSTEM.   Section 111(e) of title 23, United States Code, is amended by inserting “(including new or modified freeway-to-crossroad interchanges inside a transportation management area)” after “the Interstate System”.

    Effective date note
    Amendment 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.

14 of 15 references resolved to an enrolled provision · 1 partial