[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1448 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1448

To improve the control of outdoor advertising in areas adjacent to the 
   Interstate System, the National Highway System, and certain other 
          federally assisted highways, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 1997

Mr. Lewis of Georgia introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To improve the control of outdoor advertising in areas adjacent to the 
   Interstate System, the National Highway System, and certain other 
          federally assisted highways, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visual Pollution Reduction Act''.

SEC. 2. CONTROL OF OUTDOOR ADVERTISING.

    Section 131 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``(d) In'' and inserting the 
                following:
    ``(d) Industrial and Commercial Areas.--
            ``(1) In general.--In'';
                    (B) in the first sentence of paragraph (1) (as so 
                designated), by striking ``, or in unzoned'' and all 
                that follows through ``Secretary''; and
                    (C) by adding at the end the following:
            ``(2) Limitation on new signs.--
                    ``(A) In general.--Subject to this paragraph, no 
                new sign, display, or device may be erected under 
                paragraph (1) after the date of enactment of this 
                paragraph.
                    ``(B) Applicability of just compensation 
                requirements.--Except as provided in subparagraph (C), 
                just compensation under subsection (g) shall not be 
                paid upon the removal of any sign, display, or device 
                lawfully erected under State law after the date of 
                enactment of this paragraph.
                    ``(C) Exception.--
                            ``(i) In general.--Subject to clause (ii), 
                        a State may permit a person, at the person's 
                        option, to erect in the State a sign, display, 
                        or device in accordance with the requirements 
                        of paragraph (1) upon removal without payment 
                        of just compensation under subsection (g) of a 
                        sign, display, or device lawfully erected under 
                        this subsection.
                            ``(ii) Statewide limitation.--The total 
                        number of signs, displays, and devices erected 
                        and maintained under this subsection in a State 
                        shall not exceed the total number of signs, 
                        displays, and devices lawfully erected before 
                        the date of enactment of this paragraph under 
                        this subsection in the State and in existence 
                        on that date.'';
            (2) in the first sentence of subsection (g), by striking 
        ``and not permitted under subsection (c) of this section, 
        whether or not removed pursuant to or because of this section'' 
        and inserting ``and removed under this section'';
            (3) in subsection (k), by striking ``Subject to compliance 
        with subsection (g) of this section for the payment of just 
        compensation, nothing'' and inserting ``Nothing'';
            (4) by redesignating subsection (t) as subsection (v); and
            (5) by inserting after subsection (s) the following:
    ``(t) State Inventory of Outdoor Advertising Signs, Displays, and 
Devices.--
            ``(1) Requirement.--For the purpose of subsection (b), a 
        State shall not be considered to have made provision for 
        effective control of the erection and maintenance of outdoor 
        advertising signs, displays, and devices unless the State 
        maintains, and annually submits to the Secretary, an inventory 
        of all outdoor advertising signs, displays, and devices in the 
        State for which the effective control is required under this 
        section, including a specification of whether each sign, 
        display, or device is illegal, nonconforming, or conforming 
        under State law.
            ``(2) State scenic byways.--The State inventory required by 
        paragraph (1) shall identify each sign, display, or device 
        described in paragraph (1) that is located along a highway on 
        the Interstate System or Federal-aid primary system designated 
        as a scenic byway under a program of the State described in 
        subsection (s).
            ``(3) Use of state inventories.--The Secretary shall use 
        the State inventories submitted under this subsection to ensure 
        compliance with subsection (d)(2)(C)(ii) and to carry out this 
        section.
    ``(u) Limitation on Vegetation Removal.--For the purpose of 
subsection (b), a State shall not be considered to have made provision 
for effective control of the erection and maintenance of outdoor 
advertising signs, displays, and devices if the State carries out or 
permits the removal of vegetation in, or other alteration of, a right-
of-way referred to in subsection (b) for the purpose of improving the 
visibility of any outdoor advertising sign, display, or device located 
outside the right-of-way.''.
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