Title 23 — Highways
Chapter 3 — General Provisions
§ 317. Appropriation for highway purposes of lands or interests in lands owned by the United States
Statutory text
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.
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.
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.
The provisions of this section shall apply only to projects constructed on a Federal-aid highway or under the provisions of chapter 2 of this title.
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.
Pub. L. 85–767 · 72 Stat. 885
Enacted · 23 U.S.C. § 317
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916
Source evidence
Code source credit
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916Transportation 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. § 317(b); 23 U.S.C. § 317(c)
Pub. L. 105–178 substituted “State transportation department” for “State highway department”
Source evidence
Code amendment note
Subsecs. (b), (c). 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”; andMoving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 div. A title I § 1104(c)(6) · 126 Stat. 405
Substituted · 23 U.S.C. § 317(d)
Pub. L. 112–141 substituted “highway” for “system”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–141 substituted “highway” for “system”.Enacted provision · exact public law section
(6) Section 317.— Section 317(d) of title 23, United States Code, is amended by striking “system” and inserting “highway”.Effective date note
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1998–2012 · 2 rounds
2012
Subsec. (d). Pub. L. 112–141 substituted “highway” for “system”.
1998
Subsecs. (b), (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Credits
1958–2012 · 3 acts
- 1958Pub. L. 85–767, , 72 Stat. 916
- 1998Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), , 112 Stat. 193
- 2012Pub. L. 112–141, div. A, title I, § 1104(c)(6), , 126 Stat. 427.
Show as published
(Pub. L. 85–767, , 72 Stat. 916; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), , 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1104(c)(6), , 126 Stat. 427.)