[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: 23CFR752.11]

[Page 375]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 752--LANDSCAPE AND ROADSIDE DEVELOPMENT--Table of Contents
 
Sec. 752.11  Federal participation.

    (a) Federal-aid highway funds, but generally excluding Interstate 
construction funds, are available for landscape development; for the 
acquisition and development of safety rest areas, scenic overlooks, and 
scenic lands; for the development of information centers and systems; 
and for the removal of abandoned motor vehicles.
    (b) Federal-aid highway funds may participate in any landscaping 
project undertaken pursuant to paragraph (a) of this section provided 
that at least one-quarter of one percent of funds expended for such 
landscaping project is used to plant native wildflower seeds or 
seedlings or both. The Administrator may, upon the request of a State 
highway agency, grant a waiver to this requirement provided the State 
certifies that:
    (1) Native wildflowers or seedlings cannot be grown satisfactorily; 
or
    (2) There is a scarcity of available planting areas; or
    (3) The available planting areas will be used for agricultural 
purposes.
    (c) Subject to the requirement of paragraph (b) of this section, 
Federal-aid highway funds may participate in plant establishment periods 
in or associated with landscape development.
    (d) Notwithstanding the provisions of paragraph (b) of this section, 
Federal-aid highway funds may participate in the planting of flowering 
materials, including native wildflowers, donated by garden clubs and 
other organizations or individuals.
    (e) The value of donated plant materials shall not count toward the 
one-quarter of one percent minimum expenditure required by paragraph (b) 
of this section.
    (f) Federal-aid funds may not be used for assemblage, printing, or 
distribution of information materials; for temporary or portable 
information facilities; or for installation, operation, or maintenance 
of vending machines.

[52 FR 34638, Sept. 14, 1987]