23 U.S.C. § 317 — Appropriation for highway purposes of lands or interests in lands owned by the United States
submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 278 words · no verdicts yet
The Secretary can take federal land for highway right-of-way or building materials. First, the Secretary must notify the department that manages that land. If that department doesn't object within four months, the land transfers to the state highway agency. When the state no longer needs it, the land reverts back.
This section lets the Secretary* take federal land for highways, under a notice-and-wait process.
(a) Filing a map. If the Secretary decides that some federal land, or an interest in it, is reasonably needed as highway* right-of-way, or as a source of materials for building or maintaining a nearby highway, the Secretary files a map with the Secretary of the department that manages that land. The map shows exactly what part of the land is wanted.
(b) Four-month window. The managing department then has four months from that filing to respond. If it certifies that taking the land is against the public interest or inconsistent with why the land was set aside, the appropriation is blocked. If instead the department agrees to the transfer — with whatever conditions it thinks necessary to protect the reserve — or simply lets the four months pass without objecting, the land and materials can be appropriated and transferred to the state transportation department* (or the department's nominee), subject to any conditions that were specified.
(c) Land reverts when no longer needed. If the need for that land or those materials ever ends, the state* transportation department must notify the Secretary. Once notice is given, the land or materials immediately go back under the control of the department that originally managed them.
(d) Limited scope. This section only applies to projects built on a Federal-aid highway*, or under chapter 2 of this title.
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.
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.
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.
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.
Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1104(c)(6), July 6, 2012, 126 Stat. 427.)
- 1958Enacted · Pub. L. 85-767 · 72 Stat. 916
- 1998Amended · Pub. L. 105-178 · 112 Stat. 193
- 2012Amended · Pub. L. 112-141 · 126 Stat. 427
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.
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