§ 136. Control of junkyards

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. 1965

   Pub. L. 89–285 title II § 201 · 79 Stat. 1028

   Enacted · 23 U.S.C. § 136

   Added Pub. L. 89–285, title II, § 201, Oct. 22, 1965, 79 Stat. 1030

   Source evidence

   Code source credit
   Added Pub. L. 89–285, title II, § 201, Oct. 22, 1965, 79 Stat. 1030

   Enacted provision · exact public law section
   Sec. 201. Chapter 1 of title 23, United States Code, is amended to add at the end thereof the following new section: “§ 136. Control of junkyards “(a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards 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 pro-vision for effective control of the establishment and maintenance along the Interstate System and the primary system of outdoor junkyards, which are within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, 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 Reapportionment of withheld funds. 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 by January 1, 1968, such junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight. “(d) The term ‘junk’ shall mean old or scrap copper, brass, rope, Definitions. rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. “(e) The term ‘automobile graveyard’ shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. “(f) The term ‘junkyard’ shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. “(g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-of-way and which are zoned industrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary. “(h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1910. “(i) The Federal share of landscaping and screening costs under Landscaping and screening costs. this section shall be 75 per centum. “(j) Just compensation shall be paid the owner for the relocation, Junkyards. Costs of relocation, etc. removal, or disposal of the following junkyards— “(1) those lawfully in existence on the date of enactment of this subsection, “(2) those lawfully along any highway made a part of the interstate or primary system on or after the enactment of this subsection and before January 1, 1968, and “(3) those lawfully established on or after January 1, 1968. The Federal share of such compensation shall be 75 per centum. “(k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section. “(l) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junk-yards on the Federal-aid highway systems than those established under this section. “(m) There is authorized to be appropriated to carry out 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, and not to exceed $20,000,000 for the fiscal year ending June 30, 1967. 70 Stat. 397. 23 USC 120 note. No part of the Highway Trust Fund shall be available to carry out this section.”

2. 1966

   Federal-Aid Highway Act of 1966

   Pub. L. 89–574 § 8(a) · 80 Stat. 766

   Substituted · 23 U.S.C. § 136(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) The last sentence of subsection (m) of section 131, and 79 Stat. 1030, 1032. the last sentence of subsection (m) of section 136, of title 23, United States Code, are each amended to read as follows: “The provisions of chapter 1 of this title 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.”

3. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 6(e) · 82 Stat. 815

   Inserted · 23 U.S.C. § 136(m)

   Pub. L. 90–495 inserted provision authorizing an appropriation of not to exceed $3,000,000 for the fiscal year ending June 30, 1970

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 90–495 inserted provision authorizing an appropriation of not to exceed $3,000,000 for the fiscal year ending June 30, 1970.

   Enacted provision · exact public law section
   (e) Section 136(in) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out 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, and not to exceed $3,000,000 for the fiscal year ending June 30, 1970. The provisions of chapter 1 of this title 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.”

4. 1970

   Federal-Aid Highway Act of 1970

   Pub. L. 91–605 title I § 122(b) · 84 Stat. 1713

   Changed · 23 U.S.C. § 136(m)

   Pub. L. 91–605 authorized to be appropriated not to exceed $3,000,000, $3,000,000, and $5,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 91–605 authorized to be appropriated not to exceed $3,000,000, $3,000,000, and $5,000,000, for the fiscal years ending June 30, 1971, 1972, and 1973, respectively.

   Enacted provision · exact public law section
   (b) Section 136 (m) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out 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 $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 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.”

5. 1975

   Federal-Aid Highway Amendments of 1974

   Pub. L. 93–643 § 110 · 88 Stat. 2281

   Substituted · 23 U.S.C. § 136(j)

   Pub. L. 93–643 substituted provision that compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law, for provision relating to payment of just compensation for relocation, removal, or disposal of junkyards (1) lawfully in existence on Oct. 22, 1965, (2) lawfully along 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 established on or after Jan. 1, 1968

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 93–643 substituted provision that compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law, for provision relating to payment of just compensation for relocation, removal, or disposal of junkyards (1) lawfully in existence on Oct. 22, 1965, (2) lawfully along 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 established on or after Jan. 1, 1968.

   Enacted provision · exact public law section
   Sec. 110. control of junkyards Subsection (j) of section 136 of title 23, United States Compensation. Code, is amended by striking out the first sentence and inserting in lieu thereof the following: “(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law.”.

6. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1404(b)(1) · 126 Stat. 405

   1. Substituted · 23 U.S.C. § 136(b)

      Pub. L. 112–141, § 1404(b)(1), substituted “7 percent” for “10 per centum”

   2. Substituted · 23 U.S.C. § 136(b)

      Pub. L. 112–141, § 1404(b)(1), substituted “paragraphs (1) through (5) of section 104(b)” for “section 104 of this title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–141, § 1404(b)(1), substituted “7 percent” for “10 per centum” and “paragraphs (1) through (5) of section 104(b)” for “section 104 of this title”.

   Enacted provision · exact public law section
   (1) in subsection (b), in the first sentence— (A) by striking “10 per centum” and inserting “7 percent”; and (B) by striking “section 104 of this title” and inserting “paragraphs (1) through (5) of section 104(b)”; and

7. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1404(b)(2) · 126 Stat. 405

   Added · 23 U.S.C. § 136(n)

   Pub. L. 112–141, § 1404(b)(2), added subsec. (n)

   Source evidence

   Code amendment note
   Subsec. (n). Pub. L. 112–141, § 1404(b)(2), added subsec. (n).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(n) Definitions.— For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway that is on the National Highway System, which includes the Interstate Highway System.” .

8. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 div. A title I § 1104(e)(4) · 129 Stat. 1312

   Substituted · 23 U.S.C. § 136(b)

   Pub. L. 114–94 substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–94 substituted “paragraphs (1) through (6) of section 104(b)” for “paragraphs (1) through (5) of section 104(b)”.

   Enacted provision · exact public law section
   (4) Section 136(b) of title 23, United States Code, is amended in the first sentence by striking “paragraphs (1) through (5) of section 104(b)” and inserting “paragraphs (1) through (6) of section 104(b)”.

   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.

9 of 9 references resolved to an enrolled provision