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23 U.S.C. § 319Landscaping and scenic enhancement

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 307 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can fund landscaping and rest areas as part of highway construction. Highway projects must plant native wildflowers, using at least a quarter of one percent of landscaping funds. States can get a waiver if wildflowers won't grow well there. The Secretary also encourages roadside habitat for pollinators like Monarch butterflies.

This section funds highway landscaping, requires wildflower planting, and promotes pollinator habitat. (a) Landscaping and roadside development. The Secretary can approve, as part of building Federal-aid highways, the cost of landscaping and roadside development. This includes buying and developing publicly owned rest and recreation areas and sanitary facilities reasonably needed for travelers, and buying interests in, and improving, strips of land next to highways to restore, preserve, or enhance scenic beauty — including improving habitat and forage for pollinators. (b) Planting native wildflowers. (1) The Secretary must require native wildflower seeds or seedlings to be planted as part of any landscaping project. At least one-quarter of one percent of the money spent on that landscaping project must go toward these plantings. (2) The Secretary can waive this requirement if a state certifies that native wildflowers can't grow well there, or that the planting areas are limited or already used for farming. (3) This subsection doesn't stop a landscaping project from accepting donated native wildflower seeds or seedlings from civic groups, other organizations, or individuals. (c) Encouraging pollinator habitat. In running any program under this title, the Secretary must work with willing states to: (1) encourage integrated vegetation management on roadsides and other transportation rights-of-way, including mowing less; and (2) encourage planting native forbs and grasses — including noninvasive native milkweed — to build habitat and forage for Monarch butterflies, other native pollinators, and honey bees. Milkweed in particular can serve as a stopover point for migrating butterflies and help other pollinators migrate too.
the actual law source: uscode.house.gov ↗public domain
(a)Landscape and Roadside Development.—

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 (including the enhancement of habitat and forage for pollinators) adjacent to such highways.

(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 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.

(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.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89–285, title III, § 301(a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89–574, § 8(b), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(f), Aug. 23, 1968, 82 Stat. 818; Pub. L. 94–280, title I, § 136(a), May 5, 1976, 90 Stat. 442; Pub. L. 100–17, title I, § 130, Apr. 2, 1987, 101 Stat. 169; Pub. L. 114–94, div. A, title I, § 1415(a), Dec. 4, 2015, 129 Stat. 1421.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-767 · 72 Stat. 916
  • 1965Amended · Pub. L. 89-285 · 79 Stat. 1032
  • 1966Amended · Pub. L. 89-574 · 80 Stat. 768
  • 1968Amended · Pub. L. 90-495 · 82 Stat. 818
  • 1976Amended · Pub. L. 94-280 · 90 Stat. 442
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 169
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1421

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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