23 U.S.C. § 155 — Untitled legal text

Page 270 TITLE 23—HIGHWAYS [§ 155 112 Stat. 843; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1402, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, § 1446(a)(8), Dec. 4, 2015, 129 Stat. 1437; Pub. L. 117–58, div. A, title I, § 11131(a), div. B, title IV, § 24106(a), Nov. 15, 2021, 135 Stat. 509, 806.) Editorial Notes PRIOR PROVISIONS A prior section 154, added Pub. L. 93–643, § 114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95–599, title II, § 205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97–35, title XI, § 1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100–17, title I, § 174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102–240, title I, § 1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, es- tablished the national maximum speed limit, prior to repeal by Pub. L. 104–59, title II, § 205(d)(1)(B), (3), Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following Nov. 28, 1995, except that if legislature was not in session on such date and chief executive officer declared before such date that legislature was not in session and that State preferred applicability date that was after date on which legislature would convene, ap- plicable to State on 60th day following date on which legislature would next convene. AMENDMENTS 2021—Subsec. (c)(1). Pub. L. 117–58, § 24106(a), sub- stituted ‘‘impaired’’ for ‘‘alcohol-impaired’’ in subpars. (A) and (B). Subsec. (c)(2). Pub. L. 117–58, § 11131(a)(1), substituted ‘‘2022’’ for ‘‘2012’’ in heading. Subsec. (c)(2)(A). Pub. L. 117–58, § 11131(a)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘On October 1, 2011, and each October 1 thereafter, if a State has not en- acted or is not enforcing an open container law de- scribed in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be appor- tioned to the State on that date under each of para- graphs (1) and (2) of section 104(b) until the State cer- tifies to the Secretary the means by which the State will use those reserved funds in accordance with sub- paragraphs (A) and (B) of paragraph (1) and paragraph (3).’’ Subsec. (c)(2)(B). Pub. L. 117–58, § 11131(a)(3), sub- stituted ‘‘subparagraph (A)(i)’’ for ‘‘subparagraph (A)’’ in introductory provisions. 2015—Subsec. (c)(1). Pub. L. 114–94, § 1446(a)(8)(A), sub- stituted ‘‘paragraphs (1), (2), and (4)’’ for ‘‘paragraphs (1), (3), and (4)’’. Subsec. (c)(3)(A). Pub. L. 114–94, § 1446(a)(8)(B), sub- stituted ‘‘reserved’’ for ‘‘transferred’’. Subsec. (c)(5). Pub. L. 114–94, § 1446(a)(8)(C)(i), inserted ‘‘or released’’ after ‘‘transferred’’ in introductory provi- sions. Subsec. (c)(5)(A). Pub. L. 114–94, § 1446(a)(8)(C)(ii), sub- stituted ‘‘under section 104(b)(1)’’ for ‘‘under section 104(b)(l)’’. 2012—Subsec. (c)(2). Pub. L. 112–141, § 1402(1), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in sub- section (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in sub- paragraph (A) or (B) of paragraph (1).’’ Subsec. (c)(3). Pub. L. 112–141, § 1402(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.’’ Subsec. (c)(5). Pub. L. 112–141, § 1402(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: ‘‘(A) The apportionment of the State under section 104(b)(1). ‘‘(B) The apportionment of the State under section 104(b)(3). ‘‘(C) The apportionment of the State under section 104(b)(4).’’ 2005—Subsec. (c)(3). Pub. L. 109–59 substituted ‘‘148’’ for ‘‘152’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 11131(a) of Pub. L. 117–58 effec- tive Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title. [§ 155. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, added Pub. L. 93–643, § 115(a), Jan. 4, 1975, 88 Stat. 2287; amended Pub. L. 95–599, title I, § 129(e), Nov. 6, 1978, 92 Stat. 2708, related to access highways to pub- lic recreation areas on certain lakes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 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 re- newal (other than for utility use and occupancy or for a transportation project eligible for as- sistance under this title) of real property ac- quired 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 pur- pose. (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, § 126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102–240, title