§ 156. Proceeds from the sale or lease of real property

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1987

   Federal-Aid Highway Act of 1987

   Pub. L. 100–17 title I § 126(a) · 101 Stat. 132

   Enacted · 23 U.S.C. § 156

   Added Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167

   Source evidence

   Code source credit
   Added Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167

   Enacted provision · exact public law section
   (a) Requirement.— Chapter 1 of title 23, United States Code, is amended by striking out section 156 (relating to highways crossing 23 USC 101 et seq. Federal projects) and inserting in lieu thereof the following: “§ 156. Income from airspace rights-of-way “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.”.

2. 1991

   Intermodal Surface Transportation Efficiency Act of 1991

   Pub. L. 102–240 title I § 1027(f) · 105 Stat. 1914

   Substituted · 23 U.S.C. § 156

   Pub. L. 102–240 substituted “Subject to section 142(f), States shall” for “States shall”

   Source evidence

   Code amendment note
   Pub. L. 102–240 substituted “Subject to section 142(f), States shall” for “States shall”.

   Enacted provision · exact public law section
   (f) Conforming Amendment to Section 156.— Section 156 of such title is amended by striking “States shall” and inserting “Subject to 23 USC 156. section 142(f), States shall”.

   Effective date note
   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.

3. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 title I § 1303(a) · 112 Stat. 107

   Amended · 23 U.S.C. § 156

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) In General.— Section 156 of title 23, United States Code, is amended to read as follows: “§ 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.” .

3 of 3 references resolved to an enrolled provision