[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR14.50]

[Page 219]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 14--RIGHTS-OF-WAY--Table of Contents
 
   Subpart D--Under Title 23, U.S.C. (Interstate and Defense Highway 
                                 System)
 
Sec. 14.50  Authority.


    (a) Title 23, United States Code, section 107, paragraph (d), 
provides that whenever rights-of-way, including control of access, on 
the National System of Interstate and Defense Highways are required over 
lands or interests in lands owned by the United States, Secretary of 
Transportation 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. It directs any 
such agency to cooperate with the Secretary of Transportation in this 
connection.
    (b) Title 23, United States Code, section 317, provides that:
    (1) If the Secretary of Transportation determines that any part of 
the lands or interests in lands owned by the United States is reasonably 
necessary for the right-of-way of any highway constructed on the 
Federal-aid primary system, the Federal-aid secondary system and the 
National System of Interstate and Defense Highways, or under Title 23, 
United States Code, Chapter 2, or as a source of materials for the 
construction or maintenance of any such highway adjacent to such lands 
or interests in lands, the Secretary of Transportation shall file with 
the Secretary of the Department supervising the administration of such 
lands or interests in lands a map showing the portion of such lands or 
interests in lands which it is desired to appropriate.
    (2) If within a period of 4 months after such filing the Secretary 
of such department shall not have certified to the Secretary of 
Transportation that the proposed appropriation of such land or material 
is contrary to the public interest or inconsistent with the purposes for 
which such lands or materials have been reserved or shall have agreed to 
the appropriation and transfer under conditions which he deems necessary 
for the adequate protection and utilization of the reserve, then such 
lands and materials may be appropriated and transferred to the State 
highway department or its nominee, for such purposes and subject to the 
conditions so specified.