179 



been entered on such appeal. Summons may be 

 served at any place in the United States. The court 

 shall have jurisdiction to affirm the determination 

 of the Secretary or to set it aside, in whole or in 

 part. The judgment of the court shall be subject 

 to review by the United States court of appeals for 

 the circuit in which the State Is located and to the 

 Supreme Court of the United States uF>on certio- 

 rari or certification as provided in title 28, United 

 States Code, section 1254. If any part of an appor- 

 tionment to a State is withheld by the Secretary 

 under subsection (b) of this section or subsection (b) 

 of section 136. the amount so withheld shall not 

 be reapportioned to the other States as long as a 

 suit brought by such State under this subsection 

 is pending. Such amount shall remain available 

 for apportionment in accordance with the final 

 judgment and this subsection. Funds withheld 

 from apportionment and subsequently apportioned 

 or reapportioned under this section shall be avail- 

 able for expenditure for three full fiscal years after 

 the date of such apportionment or reapportionment 

 as the case may be. 



(m) There is authorized to be appropriated to 

 carry out the provisions of 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 $20,000,000 

 for the fiscal year ending June 30, 1970, not to exceed 

 $27,000,000 for the fiscal year ending June 30, 1971, 

 not to exceed $20,500,000 for the fiscal year ending 

 June 30. 1972. and not to exceed $50,000,000 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. 



(n) No sign, display, or device shall be required 

 to be removed under this section if the Federal share 

 of the just compensation to be paid upon removal 

 of such sign, display, or device is not available to 

 make such payment. 



(o) The Secretary may approve the request of 

 a State to permit retention in specific areas defined 

 by such State of directional signs, displays, and 

 devices lawfully erected under State law in force 

 at the time of their erection which do not conform 

 to the requirements of subsection (c), where such 

 signs, displays, and devices are in existence on the 

 date of enactment of this subsection and where the 

 State demonstrates that such signs, displays, and 

 devices (1) provide directional information about 

 goods and services in the interest of the traveling 

 public, and ("2 ) are such that removal would work 

 a substantial economic hardship in such defined 

 area. 



(p) In the case of any sign, display, or device 

 required to be removed under this section prior to 

 the date of enactment of the Federal-Aid Highway 

 Act of 1974. which sign, display, or device was after 

 its removal lawfully relocated and which as a result 

 of the amendments made to this section by such Act 

 is required to be removed, the United States shall 



pay 100 per centum of the just compensation for 

 such removal (including all relocation costs'). 



(qXl) During the implementation of State laws 

 enacted to comply with this section, the Secretary 

 shall encourage and assist the States to develop 

 sign controls and programs which will assure that 

 necessary directional information about facilities 

 providing goods and services in the interest of the 

 traveling public will continue to be available to 

 motorists. To this end the Secretary shall restudy 

 and revise as appropriate existing standards for 

 directional signs authorized under subsections 

 131(c)(1) and 131(f) to develop signs which are 

 functional and esthetically compatible with their 

 surroundings. He shall employ the resources of 

 other Federal departments and agencies, including 

 the National Endowment for the Arts, and employ 

 maximum participation of private industry in the 

 development of standards and systems of signs 

 developed for those purposes. 



(2) Among other things the Secretary shall en- 

 courage States to adopt programs to assure that 

 removal of signs providing necessary directional 

 information, which also were providing directional 

 information on June 1, 1972. about facilities in the 

 interest of the traveling public, be deferred until 

 all other nonconforming signs are removed. (Pub. 

 L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86-342. 

 title I, § 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 

 87-61. title I, § 106, June 29, 1961, 75 Stat. 123; Pub. 

 L. 88-157, § 5. Oct. 24. 1963, 77 Stat. 277; Pub. L. 

 89-285, title I, § 101, Oct. 22. 1965. 79 Stat. 1028: 

 Pub. L. 89-574. § 8(a), Sept. 13. 1966, 80 Stat. 768; 

 Pub. L. 90-495. § 6(a)— (d), Aug. 23, 1968, 82 Stat. 

 817; Pub. L. 91-605, title I. § 122(a). Dec. 31, 1970, 

 84 Stat. 1726; Pub. L. 94-280, title I, § 122. May 5, 

 1976, 90 Stat. 438.) 



Amendments 



1976— Subsec. (f ) . Pub. L. 94-280, § 122 (a) added the 

 second sentence. 



Subsec. (1). Pub. L. 94-280, § 122(c), revised subsec. 



Subsec. (a), (p). and (q). Pub. L. 94-280 added sub- 

 sec. (a), (p),and (q). 



1970 — Subsec (m). Pub L. 91-605 authorized to be 

 appropriated not to exceed $27,000,000. $20,500,000 and 

 S50.000.000. for the fiscal years ending June 30. 1971. 1972. 

 and 1973. respectively 



1968 — Subsec (d). Pub L. 90-*95. § 6(a). provided that 

 whenever a bona fide State, county, or local zoning au- 

 thority has made a determination of customary use. such 

 determination will be accepted In lieu of controls by 

 agreement In the zoned commercial and Industrial areas 

 within the geographical Jurisdiction of such authority. 



Subsec. (J) Pub. L 90-495. § 6(b) , struck out provision 

 for the Imposition of controls on outdoor advertising by 

 the Federal government that are stricter than those Im- 

 posed by the State highway department 



Subsec. (m). Pub L. 90-495. 5 6(c). added provision 

 authorizing an appropriation of not to exceed $2,000,000 

 for the fiscal year ending June 30, 1970. 



Subsec. (n). Pub. L. 90-495, § 6(d), added subsec. (n). 



1966 — Subsec. (m). Pub. L 89-574 substituted provi- 

 sions 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 

 Pederal-ald primary highway funds for provisions 

 prohibiting the use of any part of the Highway Trust 

 Fund In carrying out this section. 



