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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

(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 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.

  1. 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. 916

  2. 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. § 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”; and

  3. Moving 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
  1. 1958Pub. L. 85–767, , 72 Stat. 916
  2. 1998Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), , 112 Stat. 193
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc23.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t23/s317