Great Smoky Mountains National Park. Source: FHWA Eastern Federal Lands Highway Division
Highway projects require the acquisition and conveyance of property interest between a Federal agency ("Controlling Agency") and a non-Federal agency. These transactions require the acquisition of specific temporary and/or permanent property rights and are typically transferred by highway easement deed. The underlying fee ownership remains with the United States and ordinarily remains under jurisdiction of the Controlling Agency. This page provides information on laws, regulations, and policies relevant to Federal land transfers.
23 U.S.C. 317 provides the authority for appropriation of lands or interests in lands owned by the United States, when identified as reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway.
Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection.
This April 13, 1998 FHWA memo clarifies when 23 U.S.C. 317 authority can be used to transfer property (land and materials sites) owned by a Federal agency to a State highway agency or its nominee. It focuses on whether Section 317 applies if there is otherwise no Federal-aid project. Two examples of projects that utilized 23 U.S.C. 317 authority for a necessary Federal Land Transfer without a concurrent Federal-aid project can be found here (Wildcat Creek Bridge, US 12, Olympia, WA) and here (Mountain View Corridor, Salt Lake County, UT)
This November 7, 1997 FHWA memo is a historical document. Some of its legal references are outdated and have been superseded, and it should not be cited, used, or relied on in practice. It is included in the Toolkit because some practitioners may find some of its background content informative.
This memorandum discusses the requirements that apply in situations where a State DOT contracts or authorizes a utility or contractor to install or otherwise locate assets that do not serve a transportation purpose within the highway right-of-way on land under the jurisdiction of an FLMA.
Laws, regulations, and policies of other agencies that might be involved in the FLT process
The Bureau of Reclamation's primary section of the CFR for permitting and use authorizations related to any FLTs or rights granted for a highway project.
This Director's Order sets forth NPS operational policies and procedures for responding to requests we receive for use of national park lands for non-NPS highway projects that are partially or fully funded under Title 23 of the United States Code. For more information on all policy developments at the NPS visit The National Park Service Polcy website.
This policy delegates approval authority, where possible, to States and Counties for environmental and other areas on Forest Roads and National Trails.
