23 U.S.C. § 136 : US Code - Section 136: Control of junkyards

Search 23 U.S.C. § 136 : US Code - 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
provision 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 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,
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, 1970.
(i) The Federal share of landscaping and screening costs under
this section shall be 75 per centum.
(j) Just compensation shall be paid the owner for the relocation,
removal, or disposal of junkyards lawfully established under State
law. 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 junkyards 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, 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.