§ 136. — Control of junkyards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC136]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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.
(Added Pub. L. 89-285, title II, Sec. 201, Oct. 22, 1965, 79 Stat. 1030;
amended Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L.
90-495, Sec. 6(e), Aug. 23, 1968, 82 Stat. 818; Pub. L. 91-605, title I,
Sec. 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93-643, Sec. 110,
Jan. 4, 1975, 88 Stat. 2285.)
Amendments
1975--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.
1970--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.
1968--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.
1966--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.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-495 effective August 23, 1968, see section
37 of Pub. L. 90-495, set out as a note under section 502 of this title.
Acquisition of Dwellings
Prohibition against the use of eminent domain to acquire any
dwelling (including related buildings) under the terms of Pub. L. 89-
285, see section 305 of Pub. L. 89-285, set out as a note under section
131 of this title.
Taking of Private Property Without Just Compensation
Prohibition against the taking of private property or the
restriction of reasonable and existing use by such taking without just
compensation under the terms of Pub. L. 89-285, see section 401 of Pub.
L. 89-285, set out as a note under section 131 of this title.
Section Referred to in Other Sections
This section is referred to in section 131 of this title.
