180 



1965 — Subsec. (a) . Pub. L. 89-285 deleted specific 

 reference to the area which lies within six-hundred and 

 sixty feet of the edge of the right-of-way and which Is 

 visible from the right-of-way and Instead made only gen- 

 eral reference to the areas adjacent to the Interstate Sys- 

 tem and deleted reference to types of permissible signs. 



Subsec. (b). Pub. L. 89-285 substituted provisions 

 reducing by 10 per centum the apportioned share, on or 

 after January 1, 1968, of any state not making provision 

 for effective control of erection and maintenance of out- 

 door advertising signs, displays and devices within six- 

 hundred and sixty feet of the nearest edge of the right 

 of way and visible from the traveled portion, reapportion- 

 ing withheld funds to other states, and allowing for sus- 

 pension of such provisions in the discretion of the Secre- 

 tary, for provisions which authorized the Secretary to 

 enter into agreements with the states to carry out national 

 policy on control of areas adjacent to the Interstate 

 System. 



Subsec. (c). Pub. L. 89-285 substituted provisions set- 

 ting out permissible types of signs as directional and 

 other official signs and notices, signs advertising sale or 

 lease of property on which the sign is located, and signs, 

 displays, and devices advertising activities conducted on 

 the property on which the sign Is located, for provisions 

 allowing for an increase in the federal share payable 

 under the Federal-Aid Highway Act of 1956, as amended. 

 In the case of states entering Into an agreement with the 

 Secretary prior to July 1, 1965. 



Subsec. (d). Pub. L. 89-285 substituted provisions al- 

 lowing for agreements between the Secretary and the 

 several states covering commercial or industrial prop- 

 erty, for provisions covering control of the adjacent area 

 when the Interstate System is located on or near public 

 lands or reservations of the United States. 



Suljsec. (e). Pub. L. 89-285 substituted provisions set- 

 ting out the timetable for removal of signs, displays, and 

 devices lawfully along Interstate System or Federal-aid 

 primary system highways, for provisions allowing the In- 

 clusion of the cost of purchase or condemnation of the 

 right to advertise or control advertising in the area adja- 

 cent to Interstate System right-of-way as part of the cost 

 of construction. 



Subsecs. (f) — (m). Pub. L. 89-285 added subsecs. 

 (f)— (m). 



1963 — Subsec. (c). Pub. L 88-157 substituted "July 1, 

 1965" for "July 1, 1963 " 



1961— Subsec (c). Pub. L. 87-61 substituted "July 1, 

 1963" lor "July 1, 1961." 



1959 — Subsec. (b). Pub. L. 86-342 substituted "Agree- 

 ments entered into between the Secretary of Commerce 

 and State highway departments under this section shall 

 not apply to those segments of the Interstate System 

 which traverse commercial or Industrial zones within 

 the presently existing boundaries of incorporated muni- 

 cipalities wherein the use of real property adjacent to 

 the Interstate System is subject to municipal regulation 

 or' control, or which traverse other areas where the land 

 use. as of the date of approval of this Act. Is clearly 

 established by State law as Industrial or commercial" for 

 "Upx)n application of the State, any such agreement may. 

 within the discretion of the Secretary of Commerce con- 

 sistent with the national policy, provide for excluding from 

 application of the national standards segments of the 

 Interstate System which traverse Incorporated municipali- 

 ties wherein the use of real property adjacent to the Inter- 

 state System is subject to municipal regulation or control, 

 or which traverse other areas where the land use is clearly 

 established by State law as Industrial or commercial " 



§ 136. Control of junkyards. 



(a) The Congress hereby finds and declares that 

 the establishment and use and maintenance of junk- 

 yards 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 Secre- 

 tary determines has not made provision for effec- 

 tive control of the establishment and maintenance 

 along the Interstate System and the primary system 

 of outdoor junkyards, which are within one thou- 

 sand feet of the nearest edge of the right-of-way 

 and visible from the main traveled way of the sys- 

 tem, 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 here- 

 under shall be reapportioned to the other States. 

 Whenever he determines It to be in the public In- 

 terest, the Secretary may suspend, for such periods 

 as he deems necessary, the application of this sub- 

 section 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 dis- 

 mantled motor vehicles or motor vehicle parts. 



(f ) The term "junkyard" shall mean an establish- 

 ment 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 In- 

 clude garbage dumps and sanitary fills. 



(g) Notwithstanding any provision of this section, 

 junkyards, auto graveyards, and scrap metal process- 

 ing 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 In- 

 dustrial 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 re- 

 quirements 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. 



(1) The Federal share of landscaping and screen- 

 ing costs under this section shall be 75 per centum. 



ij) Just compensation shall be paid the owner for 

 the relocation, removal, or disposal of the following 

 junkyards — 



(1) those lawfully in existence on the date of 



enactment of this subsection. 



