Codified Law.
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TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
23 USC Sec. 111
Sec. 111. Agreements relating to use of and access to rights-of-way
-Interstate System
(USCODE; revised as of 01/04/95; 99 lines)
Item Key: 34205
Sec. 111. Agreements relating to use of and access to rights-of-way
-Interstate System
(a) In General. - All agreements between the Secretary and the
State highway department for the construction of projects on the
Interstate System shall contain a clause providing that the State
will not add any points of access to, or exit from, the project in
addition to those approved by the Secretary in the plans for such
project, without the prior approval of the Secretary. Such
agreements shall also contain a clause providing that the State
will not permit automotive service stations or other commercial
establishments for serving motor vehicle users to be constructed or
located on the rights-of-way of the Interstate System. Such
agreements may, however, authorize a State or political subdivision
thereof to use or permit the use of the airspace above and below
the established grade line of the highway pavement for such
purposes as will not impair the full use and safety of the highway,
as will not require or permit vehicular access to such space
directly from such established grade line of the highway, or
otherwise interfere in any way with the free flow of traffic on the
Interstate System. Nothing in this section, or in any agreement
entered into under this section, shall require the discontinuance,
obstruction, or removal of any establishment for serving motor
vehicle users on any highway which has been, or is hereafter,
designated as a highway or route on the Interstate System (1) if
such establishment (A) was in existence before January 1, 1960, (B)
is owned by a State, and (C) is operated through concessionaries or
otherwise, and (2) if all access to, and exits from, such
establishment conform to the standards established for such a
highway under this title.
(b) Vending Machines. - Notwithstanding subsection (a), any State
may permit the placement of vending machines in rest and recreation
areas, and in safety rest areas, constructed or located on
rights-of-way of the Interstate System in such State. Such vending
machines may only dispense such food, drink, and other articles as
the State highway department determines are appropriate and
desirable. Such vending machines may only be operated by the
State. In permitting the placement of vending machines, the State
shall give priority to vending machines which are operated through
the State licensing agency designated pursuant to section 2(a)(5)
of the Act of June 20, 1936, commonly known as the
''Randolph-Sheppard Act'' (20 U.S.C. 107a(a)(5)). The costs of
installation, operation, and maintenance of vending machines shall
not be eligible for Federal assistance under this title.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87-61, title
I, Sec. 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95-599, title
I, Sec. 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100-17, title I,
Sec. 110(a), Apr. 2, 1987, 101 Stat. 146.)
AMENDMENTS
1987 - Pub. L. 100-17 designated existing provision as subsec.
(a), inserted heading for subsec. (a), and added subsec. (b).
1978 - Pub. L. 95-599 inserted provision listing situations which
would not require the discontinuance, obstruction, or removal of
any establishment for serving motor vehicle users.
1961 - Pub. L. 87-61 substituted ''to use or permit the use of
the airspace above and below the established grade line of the
highway pavement for such purposes as will not impair the full use
and safety of the highway, as will not require or permit vehicular
access to such space directly from such established grade line of
the highway, or otherwise interfere'' for ''to use the airspace
above and below the established grade line of the highway pavement
for the parking of motor vehicles provided such use does not
interfere''.
VENDING MACHINES; PLACEMENT IN REST, RECREATION, AND SAFETY REST
AREAS; STATE OPERATION OF MACHINES
Pub. L. 97-424, title I, Sec. 111, Jan. 6, 1983, 96 Stat. 2106,
provided that notwithstanding section 111 of this title before Oct.
1, 1983, any State could permit placement of vending machines in
rest and recreation areas and in safety rest areas constructed or
located on rights-of-way of National System of Interstate and
Defense Highways (now Dwight D. Eisenhower System of Interstate and
Defense Highways) in such State. Such vending machines could only
dispense such food, drink, and other articles as the State highway
department determined were appropriate and desirable. Such vending
machines could only be operated by the State. In permitting the
placement of vending machines under this section, the State had to
give priority to vending machines which were operated through the
State licensing agency designated pursuant to section 2(a)(5) of
the Act of June 20, 1936, commonly known as the Randolph-Sheppard
Act (20 U.S.C. 107a(a)(5)).
DEMONSTRATION PROJECT FOR VENDING MACHINES IN REST AND RECREATION
AREAS
Section 153 of Pub. L. 95-599 authorized Secretary of
Transportation to implement a demonstration project respecting
placement of vending machines in rest and recreation areas and to
report not later than two years after Nov. 6, 1978, on results of
such project.
REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON
RIGHTS-OF-WAY
Section 104(b) of Pub. L. 87-61 authorized Secretary of Commerce
(now Transportation), on application, to revise any agreement made
prior to June 29, 1961, to extent that such agreement relates to
utilization of space on rights-of-way on National System of
Interstate and Defense Highways (now Dwight D. Eisenhower System of
Interstate and Defense Highways) to conform to section 111 of this
title as amended by subsection (a).
CQ Cross References:
Legislation affecting this section was enacted after the text of
this section was published. See the BILLTRACK and BILLTEXT databases
in the Congress indicated.
Public Law Statute Bill Cong
PL 104?59 Sec. 306 109 Stat. 580 S440 104
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