
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC156]

 
                           TITLE 23--HIGHWAYS
 
                     CHAPTER 1--FEDERAL-AID HIGHWAYS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 156. Proceeds from the sale or lease of real property

    (a) Minimum Charge.--Subject to section 142(f), a State shall 
charge, at a minimum, fair market value for the sale, use, lease, or 
lease renewal (other than for utility use and occupancy or for a 
transportation project eligible for assistance under this title) of real 
property acquired with Federal assistance made available from the 
Highway Trust Fund (other than the Mass Transit Account).
    (b) Exceptions.--The Secretary may grant an exception to the 
requirement of subsection (a) for a social, environmental, or economic 
purpose.
    (c) Use of Federal Share of Income.--The Federal share of net income 
from the revenues obtained by a State under subsection (a) shall be used 
by the State for projects eligible under this title.

(Added Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101 Stat. 
167; amended Pub. L. 102-240, title I, Sec. 1027(f), Dec. 18, 1991, 105 
Stat. 1967; Pub. L. 105-178, title I, Sec. 1303(a), June 9, 1998, 112 
Stat. 227.)


                            Prior Provisions

    A prior section 156, added Pub. L. 94-280, title I, Sec. 132(a), May 
5, 1976, 90 Stat. 441, authorized the Secretary to construct or 
reconstruct any public highway or highway bridge across any Federal 
public works project, specified conditions under which such work may be 
done, and authorized appropriations for such work of $100,000,000 to be 
available in the fiscal year in which appropriated and for the two 
succeeding fiscal years, prior to repeal by Pub. L. 100-17, title I, 
Sec. 126(a), Apr. 2, 1987, 101 Stat. 167.


                               Amendments

    1998--Pub. L. 105-178 amended section catchline and text generally. 
Prior to amendment, text read as follows: ``Subject to section 142(f), 
States shall charge, as a minimum, fair market value, with exceptions 
granted at the discretion of the Secretary for social, environmental, 
and economic mitigation purposes, for the sale, use, lease, or lease 
renewals (other than for utility use and occupancy or for transportation 
projects eligible for assistance under this title) of right-of-way 
airspace acquired as a result of a project funded in whole or in part 
with Federal assistance made available from the Highway Trust Fund 
(other than the Mass Transit Account). This section applies to new 
airspace usage proposals, renewals of prior agreements, arrangements, or 
leases entered into by the State after the date of the enactment of the 
Federal-Aid Highway Act of 1987. The Federal share of net income from 
the revenues obtained by the State for sales, uses, or leases (including 
lease renewals) under this section shall be used by the State for 
projects eligible under this title.''
    1991--Pub. L. 102-240 substituted ``Subject to section 142(f), 
States shall'' for ``States shall''.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable 
to funds authorized to be appropriated or made available after Sept. 30, 
1991, and, with certain exceptions, not applicable to funds appropriated 
or made available on or before Sept. 30, 1991, see section 1100 of Pub. 
L. 102-240, set out as a note under section 104 of this title.
