Non-Regulatory Supplement - Federal-Aid Policy Guide, Transmittal 35

Non-Regulatory Supplement

1. OUTDOOR ADVERTISING CONTROL ON INDIAN LANDS (23 CFR 750.704 AND 750.705). Title 23 U.S.C. 131(h) does not delegate to either FHWA or DOT the explicit authority to implement the Highway Beautification Act of 1965 on Indian Reservation Lands.In those limited instances where a State has indicated that it does have jurisdiction in such matters, FHWA expects the State to control outdoor advertising signs on Indian Lands.If a State does not have such jurisdiction, a legal opinion, preferably from the State Attorney General, should be provided to FHWA.The matter of regulation and enforcement of the Act's provisions on Indian Lands in those States indicating they do not have such jurisdiction will be coordinated by the Washington Headquarters Office of Real Estate Services (HEPR) with the Bureau of Indian Affairs.

2. STATUS OF LANDMARK SIGNS (23 CFR 750.704(a)(6) AND 750.710(a)). Under the provisions of 23 CFR 750.710, any sign being considered for landmark status must have been lawfully in existence on October 22, 1965, and the message content must be the same as it was on that date.

3. MINERAL EXTRACTION, OUTDOOR ADVERTISING CONTROL (23 CFR 750.708(d)). The FHWA does not generally consider mineral extraction activities by themselves (without a visible business operation) as an activity which would qualify an area as an unzoned commercial or industrial (C/I) area because they are typically allowed in zones such as agricultural zones, which are not zoned for general C/I purposes.If such activities were considered to be industrial, they would be incident to the primary permitted uses and should not create an unzoned industrial area for purposes of permitting signs in areas not comprehensively zoned; or in an area zoned to permit mining, quarrying, excavation, etc. as a subsidiary use to other uses, such areas should not be recognized as being zoned commercial or industrial for purposes of permitting signs.The FHWA does not recognize C/I zones for outdoor advertising control purposes which allow only limited C/I activities.

4. OUTDOOR ADVERTISING CONTROL BONUS PAYMENTS - 4R PROJECTS (23 CFR 750.713). Bonus payments are to be made only for costs incurred by the use of Interstate construction funds as authorized under the provisions of section 108(b) of the Federal Highway Act of 1956, as amended. Costs incurred by the use of Interstate 3R or 4R funds, or any other categories of funds not authorized under this section, are not eligible for bonus payments.There is no minimum dollar amount for which a bonus payment may be claimed by a State.

5. ADDITIONAL GUIDANCE. Additional guidance for implementing the Outdoor Advertising Control Program can be found in the attachment to NS 23 CFR 750G.