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Junkyard Control Questions and Answers

Posted 5/16/2013

Question 1: How will the enhanced National Highway System (NHS) under 23 U.S.C. 103, as amended by MAP-21 Section 1104(a), affect a State's responsibility to provide effective junkyard control?

Answer 1: 23 U.S.C. 136, as amended by MAP-21 Section 1404(b), results in States being responsible for effective junkyard control along all roadways classified as part of the NHS (as revised by MAP-21), including the Interstate Highway System. The MAP-21 changes to 23 U.S.C. 103 result in the addition of road segments to the NHS. Because these new segments are now part of the NHS, States will be responsible for effective junkyard control along these additional roadways. For additional information on the enhanced NHS, see: http://www.fhwa.dot.gov/map21/qandas/qanhs.cfm

Question 2: What is the time frame for MAP-21 implementation?

Answer 2: October 1, 2012 is the effective date for the MAP-21 changes that relate to junkyard control. States are responsible for developing processes, procedures and a plan to implement these changes and to continue to demonstrate effective junkyard control in coordination with FHWA Division Offices.

Question 3: What roadways are now considered controlled routes for junkyard control?

Answer 3: 23 U.S.C. 136, as amended by MAP-21 Section 1404(b), directs States to have effective junkyard control on the NHS, which includes the Interstate Highway System. 23 U.S.C. 103, as amended by MAP-21 Section 1104(a), created an enhanced NHS and States will be responsible for junkyard control along these additional roadways. The NHS, as amended by MAP-21, is composed of approximately 220,000 miles of rural and urban roads serving major population centers, international border crossings, intermodal transportation facilities, and major travel destinations. It includes the Interstate Highway System, all principal arterials (including those not previously designated as part of the NHS) and international border crossings on those routes, intermodal connectors (highways that provide motor vehicle access between the NHS and major intermodal transportation facilities), Strategic Highway Network (STRAHNET) (the network of highways important to U.S. strategic defense) and STRAHNET connectors to major military installations. The FHWA has posted maps showing the enhanced NHS at: http://www.fhwa.dot.gov/planning/national_highway_system/nhs_maps/

Question 4: Are junkyards located within the "Urban System" excluded from effective control provisions?

Answer 4: No. The MAP-21 revisions do not create any exclusion from the junkyard control provisions for Urban Systems. The Urban System was part of the Federal-aid funding scheme for streets and highways under authorizations in the early 1970s, but was eliminated by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). The 23 U.S.C. 136(n), added by MAP-21 Section 1404(b), defines the terms "primary system" and "Federal-aid primary system" for the purposes of junkyard control to "mean any highway that is on the National Highway System, which includes the Interstate Highway System." The regulation at 23 CFR 751.3, which excludes the Urban System from the effective control provisions, was promulgated in 1975 and reflected the statutory provisions at that time. However, the statutory revisions enacted by the ISTEA and MAP-21 supersede the regulation. Therefore, in accordance with the new definition of controlled routes in 23 U.S.C. 136(n), junkyard control is applied to any highway that is on the NHS, which includes the Interstate Highway System.

Question 5: Has the percentage reduction in a State's apportionment changed for States that are not providing effective junkyard control?

Answer 5: Yes, 23 U.S.C. 136(b), as amended by MAP-21 Section 1404(b), changed the reduction of Federal-aid highway funds for not providing effective control of junkyards from 10 percent to 7 percent of the funds that would otherwise be apportioned to the State under 23 U.S.C. 104(b)(1)-(5).

Question 6: How will junkyards in existence prior to the enactment of MAP-21 and on the roadways added to the NHS by MAP-21 be classified?

Answer 6: The classification of junkyards found on the additional road segments of the NHS, under 23 U.S.C. 103 as amended by MAP-21 Section 1104(a), must conform to State requirements. If a junkyard complies with all State requirements, then it may be classified as a legal and allowable junkyard. If a junkyard does not comply with all State requirements, and it was in existence as of October 1, 2012, it may be classified as a legal nonconforming junkyard. If a junkyard is established after October 1, 2012, it will be subject to all State requirements.

Question 7: If a junkyard is classified as a legal nonconforming junkyard as a result of the MAP-21 changes to the NHS, does that junkyard need to be screened or removed within 5 years?

Answer 7: Yes, the requirement for effective control under 23 CFR 751.9(a)(2) (to screen or remove nonconforming junkyards within a reasonable time, but no later than 5 years after the date the junkyard becomes nonconforming) remains in effect. This requirement is conditioned on the availability of adequate Federal funds for the Federal share. The FHWA will defer to States on the decision whether there are adequate available Federal funds for removal or screening.

Question 8: Will States receive additional money for inventory, screening and/or removal of junkyards as a result of the increase in roadways subject to control?

Answer 8: No, States will not receive additional money specifically for these activities.

Question 9: Can junkyard control be included as an eligible activity under a Federal-aid construction project?

Answer 9: Yes, junkyard control costs remain an eligible activity when part of a larger Federal-aid construction project. This can include landscaping and scenic enhancement activities described at 23 U.S.C. 319.

Question 10: Are stand-alone junkyard control projects eligible for Surface Transportation Project (STP) funding?

Answer 10: Yes, STP funds may be used to carry out stand-alone junkyard control projects to accomplish highway and transit safety infrastructure improvement activities as per 23 U.S.C. 133(b)(7). Junkyard control projects would have to be developed in accordance with the requirements and provisions set forth in 23 U.S.C. 133.

Question 11: Are stand-alone junkyard control projects eligible for Transportation Alternative Project (TAP) funding?

Answer 11: Yes, TAP funds may be used to carry out a stand-alone junkyard control removal or screening project under 23 U.S.C. 101(a)(29)(E). Junkyard control removal or screening projects would need to be selected through a competitive process in accordance with TAP requirements to be eligible.

Question 12: Were there any changes to the Federal share of costs related to junkyard control in MAP-21?

Answer 12: No, the Federal share of landscaping and screening costs under 23 U.S.C. 136(i) continues to be 75 percent. Additionally, the Federal share of just compensation costs to the owner for relocation, removal, or disposal of junkyards lawfully established under State law continues to be 75 percent under 23 U.S.C. 136(j).

Page last modified on September 12, 2013.
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