
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
