§ 319. Landscaping and scenic enhancement

1,134 words·~5 min read·/usc/title-23/section-319

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(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.

(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.)

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