§ 319. Landscaping and scenic enhancement

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. § 319

   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. 1965

   Pub. L. 89–285 title III § 301(a) · 79 Stat. 1028

   Changed · 23 U.S.C. § 319

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 319 of title 23, United States Code, is revised to read as follows: “§ 319. Landscaping and scenic enhancement “(a) 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. “(b) An amount equivalent to 3 per centum of the funds apportioned to a State for Federal-aid highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside development within the highway right-of-way 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, 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 reasonably necessary to accommodate the traveling public, without being matched by the State. The Secretary may authorize exceptions from this requirement, upon application of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds Appropriation. not used as required by this subsection shall lapse. There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, and not to exceed $120,000,000 for the fiscal year ending June 30, 1967. No part of the Highway Trust Fund shall be available to carry out this subsection.”

3. 1966

   Federal-Aid Highway Act of 1966

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

   Substituted · 23 U.S.C. § 319(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) The last sentence of subsection (b) of section 319 of title 23, 79 Stat. 1032. 23 USC 101. United States Code, is hereby 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 subsect ion after June 30, 1967.”

4. 1968

   Federal-Aid Highway Act of 1968

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

   Inserted · 23 U.S.C. § 319(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (f) Section 319(b) of title 23, United States Code, is amended by striking out the last two sentences and inserting in lieu thereof the following: “There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, not to exceed $120,000,000 for the fiscal year ending June 30, 1967, and not to exceed $20,000,000 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 subsection after June 30, 1967.”

5. 1976

   Federal-Aid Highway Act of 1976

   Pub. L. 94–280 title I § 136(a) · 90 Stat. 425

   1. Struck · 23 U.S.C. § 319

      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;

   2. Struck · 23 U.S.C. § 319

      Pub. L. 94–280, in revising section, 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 319 of title 23, United States Code, is amended to read as follows: “§ 319. Landscaping and scenic enhancement. “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.”.

6. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 title I § 130 · 101 Stat. 132

   1. Amended · 23 U.S.C. § 319

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

   2. Inserted · 23 U.S.C. § 319

      Pub. L. 100–17 inserted heading

   3. Added · 23 U.S.C. § 319

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

   Source evidence

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

   Enacted provision · exact public law section
   SEC. 130. WILDFLOWERS. Section 319 of title 23, United States Code, is amended by inserting “(a) Landscape and Roadside Development.—” before “The Secretary” and by adding at the end thereof the following new subsection: “(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 ¼ 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 Agriculture and agricultural commodities. 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.”.

7. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 § 1415(a)(1) · 129 Stat. 1312

   Inserted · 23 U.S.C. § 319(a)

   Pub. L. 114–94, § 1415(a)(1), inserted “(including the enhancement of habitat and forage for pollinators)” before “adjacent”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–94, § 1415(a)(1), inserted “(including the enhancement of habitat and forage for pollinators)” before “adjacent”.

   Enacted provision · exact public law section
   (1) in subsection (a) by inserting “(including the enhancement of habitat and forage for pollinators)” before “adjacent”; and

   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.

8. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 § 1415(a)(2) · 129 Stat. 1312

   Added · 23 U.S.C. § 319(c)

   Pub. L. 114–94, § 1415(a)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–94, § 1415(a)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way.— In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate— “(1) encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and “(2) encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators.” .

   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.

10 of 11 references resolved to an enrolled provision · 1 partial