Update of Selected Studies in Transportation Law, Volume 8, Section 3: Indian Transportation Law (2019) / Chapter Skim
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Pages 74-77
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NCHRP LRD 76 75 must comply or become subject to a penalty equal to 10 percent of their Federal-aid highway funds.843 The dilemma posed for enforcement of the HBA -- and state laws enacted pursuant to the Act to provide for "effective control" -- is found at Subsection 131(h) of Title 23, U.S.C., which remains unchanged from its original enactment by Congress in 1965.
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76 NCHRP LRD 76 in 1986, to provide that "effective control" of outdoor advertising on Indian reservations would be a federal responsibility.850 Later, the U.S. Senate unanimously agreed to this approach in the 99th Congress (S.
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NCHRP LRD 76 77 gressional enactment, accepted by the States where appropriate, and consented to by the Indian tribes.853 c. Application of Preemption Provisions of HMTA to Indian Tribes The Hazardous Materials Transportation Act (HMTA)
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