ELR Citation: ELR 20071
No(s). 78-1199 (8th Cir. Nov 29, 1978)

The Eighth Circuit finds that it is within the statutory authority of the Secretary of Transportation under Title I of the Highway Beautification Act to set aside 10 percent of a state's federal-aid highway apportionment once he has preliminarily determined that the state has failed to exercise effective control over outdoor advertising in proximity to federal highways. Although the Act clearly allows the Secretary to withhold such finding pursuant to a final determination of a lack of effective control, it does not specify whether it is permissible to reserve such funding contingent upon a final determination. The court holds that in light of the broad administrative powers that accompany delegations of legislative authority generally, as well as the broad powers specifically conferred upon the Secretary by the Act, the interim withholding in this case is a reasonable and appropriate method of ensuring the efficacy of the 10-percent penalty.

Counsel for Appellant
Carl W. Quist, David L. Zuercher, Ass't Attorneys General
State Capitol Bldg., Pierre SD 57501
(605) 773-3263

Counsel for Appellees
David V. Vrooman, U.S. Attorney
231 Federal Bldg. & U.S. Courthouse, 400 S. Phillips Ave., Sioux Falls SD 57701
(605) 336-2980

Robert E. Kopp, Susan M. Chalker
Civil Division
Department of Justice, Washington DC 20530
(202) 739-3389

Joined by Lay and Harper,^* JJ.