[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR751.17]

[Page 370-371]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 751--JUNKYARD CONTROL AND ACQUISITION--Table of Contents
 
Sec. 751.17  Federal participation.

    (a) Federal funds may participate in 75 percent of the costs of 
control measures incurred in carrying out the provisions of this part 
including necessary studies for particular projects, and the employment 
of fee landscape architects and other qualified consultants.
    (b) Where State control standards are more stringent than Federal 
control requirements along Interstate and primary highways, the FHWA may 
approve Federal participation in the costs of applying the State 
standards on a statewide basis. Where State standards require control of 
junkyards in zoned or unzoned industrial areas, Federal funds may 
participate only if such action will make an effective contribution to 
the character of the area as a whole and the cost is reasonable, but 
such projects should be deferred until the work in the areas where 
control is required has progressed well toward completion.
    (c) Generally, only costs associated with the acquisition of minimal 
real property interests, such as easements or temporary rights of entry, 
necessary to accomplish the purposes of this part are eligible for 
Federal participation. The State may request, on a case-by-case basis, 
participation in costs of other interests beyond the minimum necessary, 
including fee title.
    (d) Federal funds may participate in costs to correct the 
inadequacies of screening in prior control projects where the inadequacy 
is due to higher screening standards established in this part or due to 
changed conditions.
    (e) Federal funds may participate in the costs of moving junk or 
scrap to a recycling place of business, or in the case of junk with 
little or no recycling potential, to a site for permanent disposal. In 
the latter case, reasonable land rehabilitation costs or fees connected 
with the use of such a disposal site are also eligible. In a case where 
the acquisition of a permanent disposal site by the State would be the 
most economical method of disposal, Federal funds may participate in the 
net cost (cost of acquisition less a credit after disposal) of a site 
obtained for this purpose.
    (f) Federal funds may participate in control measure costs involved 
in any junkyard lawfully established or maintained under State law which 
is reclassified from conforming to nonconforming under revised State 
regulations and policy pursuant to this part.
    (g) Federal funds may participate in the costs of acquisition of a 
dwelling in exceptional cases where such acquisition is found necessary 
and in the public interest, and where acquisition of the dwelling can be 
accomplished without resort to eminent domain.
    (h) Federal funds shall not participate in:

[[Page 371]]

    (1) Costs associated with the control of illegal junkyards except 
for removal by State personnel on a force account basis or by contract, 
or in costs of controlling junkyards established after the effective 
date of the State's compliance law except where a conforming junkyard 
later becomes nonconforming due to changed conditions;
    (2) Any costs associated with the acquisition of any dwelling or its 
related buildings if acquired through eminent domain in connection with 
the junkyard control program;
    (3) Costs of acquisition of interests or rights as a measure for 
prohibition or control of the establishment of future junkyards;
    (4) Costs of maintaining screening devices after they have been 
erected; or
    (5) Costs of screening junk which has been or will be removed as a 
part of a junkyard control project.