§ 155 TITLE 23—HIGHWAYS Page 134

level permitted under section 154 of title 23, United

States Code, as such section was in effect on September

15, 1995, shall prepare and submit to Congress a study

of—

‘‘(1) the costs to such State of deaths and injuries

resulting from motor vehicle crashes; and

‘‘(2) the benefits associated with the repeal of the

national maximum speed limit.’’

§ 155. Access highways to public recreation areas

on certain lakes

(a) The Secretary is authorized to construct or

reconstruct access highways to public recreation areas on lakes in order to accommodate

present and projected traffic density. The Secretary shall develop guidelines and standards for

the designation of routes and the allocation of

funds for the purpose of this section which shall

include the following criteria:

(1) No portion of any access highway constructed or reconstructed under this section

shall exceed thirty-five miles in length nor

shall any portion of such highway be located

more than thirty-five miles from the nearest

part of such recreation area.

(2) Routes shall be designated by the Secretary on the recommendation of the State

and responsible local officials, after consultation with the head of the Federal agency (if

any) having jurisdiction over the public recreation area involved.

(b) The Federal share payable on account of

any project authorized pursuant to this section

shall not exceed 75 per centum of the cost of

construction or reconstruction of such project.

(c) All of the provisions of this title applicable

to highways on the Federal-aid system (other

than the Interstate System) determined appropriate by the Secretary, except those provisions

which the Secretary determines are inconsistent

with this section, shall apply to any highway

designated under this section which is not a part

of the Federal-aid system when so designated.

(d) For the purpose of this section the term

‘‘lake’’ means any lake, reservoir, pool, or other

body of water resulting from the construction of

any lock, dam, or similar structure by the Corps

of Engineers, Department of the Army, or the

Bureau of Reclamation, Department of the Interior, or the Tennessee Valley Authority, and any

multipurpose lake resulting from construction

assistance of the Soil Conservation Service, Department of Agriculture. This section shall

apply to lakes heretofore or hereafter constructed or authorized for construction.

(e) There is authorized to be appropriated not

to exceed $25,000,000 for the fiscal year 1976 to

carry out this section. Amounts authorized by

this subsection for a fiscal year shall be available for that fiscal year and for the two succeeding fiscal years.

(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.)

AMENDMENTS

1978—Subsec. (b). Pub. L. 95–599 substituted ‘‘75 per

centum’’ for ‘‘70 per centum’’.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–599 effective with respect

to obligations incurred after Nov. 6, 1978, see section

129(h) of Pub. L. 95–599, set out as a note under section

120 of this title.

APPROPRIATIONS; RESCISSION OF APPROPRIATIONS

AUTHORIZATION

Pub. L. 94–134, title I, §101, Nov. 24, 1975, 89 Stat. 703,

appropriated in part: ‘‘For necessary expenses not

otherwise provided, to carry out the provisions of section 115(a), ‘Federal-Aid Highway Amendments of 1974

[this section]’; $10,000,000, to remain available until

September 30 1978: Provided, That any authority to

incur obligations granted by section 115 of the FederalAid Highway Amendments of 1974 [subsec. (e) of this

section] is hereby rescinded.’’

§ 156. Income from airspace rights-of-way

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.

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

1987, 101 Stat. 167; amended Pub. L. 102–240, title

I, §1027(f), Dec. 18, 1991, 105 Stat. 1967.)

REFERENCES IN TEXT

The date of the enactment of the Federal-Aid Highway Act of 1987, referred to in text, is the date of enactment of title I of Pub. L. 100–17, which was approved

Apr. 2, 1987.

PRIOR PROVISIONS

A prior section 156, added Pub. L. 94–280, title I,

§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, §126(a),

Apr. 2, 1987, 101 Stat. 167.

AMENDMENTS

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.

§ 157. Minimum allocation

(a) GENERAL RULES.—