§ 156. — Proceeds from the sale or lease of real property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
