Page 133 TITLE 23—HIGHWAYS [§ 154

1See References in Text note below.

(i) DEFINITIONS.—For the purposes of this section, the following definitions apply:

(1) MOTORCYCLE.—The term ‘‘motorcycle’’

means a motor vehicle which is designed to

travel on not more than 3 wheels in contact

with the surface.

(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the meaning such term has under section 154 1 of this title.

(3) PASSENGER VEHICLE.—The term ‘‘passenger vehicle’’ means a motor vehicle which

is designed for transporting 10 individuals or

less, including the driver, except that such

term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a

trailer, or any motor vehicle which is not required on the date of the enactment of this

section under a Federal motor vehicle safety

standard to be equipped with a belt system.

(4) SAFETY BELT.—The term ‘‘safety belt’’

means—

(A) with respect to open-body passenger

vehicles, including convertibles, an occupant

restraint system consisting of a lap belt or a

lap belt and a detachable shoulder belt; and

(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts.

(j) AUTHORIZATION OF APPROPRIATIONS.—There

is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit

Account) to carry out this section $17,000,000 for

fiscal year 1992. From sums made available to

carry out section 402 of this title, the Secretary

shall make available $17,000,000 for fiscal year

1992 and $24,000,000 for each of fiscal years 1993

and 1994 to carry out this section.

(k) APPLICABILITY OF CHAPTER 1 PROVISIONS.—

All provisions of this chapter that are applicable

to National Highway System funds, other than

provisions relating to the apportionment formula and provisions limiting the expenditures of

such funds to Federal-aid systems, shall apply

to funds authorized to be appropriated to carry

out this section, except as determined by the

Secretary to be inconsistent with this section

and except that sums authorized by this section

shall remain available until expended.

(Added Pub. L. 102–240, title I, §1031(a)(1), Dec.

18, 1991, 105 Stat. 1970; amended Pub. L. 104–59,

title II, §205(e), Nov. 28, 1995, 109 Stat. 577.)

REFERENCES IN TEXT

The date of the enactment of this section, referred to

in subsecs. (c) and (i)(3), is the date of enactment of

Pub. L. 102–240, which was approved Dec. 18, 1991.

Section 154 of this title, referred to in subsec. (i)(2),

was repealed by Pub. L. 104–59, title II, §205(d)(1)(B),

Nov. 28, 1995, 109 Stat. 577.

PRIOR PROVISIONS

A prior section 153, added Pub. L. 93–87, title II,

§210(a), Aug. 13, 1973, 87 Stat. 287; amended Pub. L.

94–280, title I, §131, May 5, 1976, 90 Stat. 441, related to

a program for the elimination of roadside obstacles,

prior to repeal by Pub. L. 95–599, title I, §168(b), Nov. 6,

1978, 92 Stat. 2723.

AMENDMENTS

1995—Subsec. (h)(1), (2). Pub. L. 104–59 struck out ‘‘a

law described in subsection (a)(1) and’’ after ‘‘have in

effect’’.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 205(e) of Pub. L. 104–59 provided that the

amendment made by that section is effective Sept. 30,

1995.

EFFECTIVE DATE

Section 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 an Effective Date of 1991 Amendment note under

section 104 of this title.

STUDY OF BENEFITS OF SAFETY BELTS AND MOTORCYCLE HELMETS TO INDIVIDUALS INVOLVED IN CRASHES

Section 1031(b) of Pub. L. 102–240 provided that:

‘‘(1) IN GENERAL.—The Secretary shall conduct a

study or studies to determine the benefits of safety belt

use and motorcycle helmet use for individuals involved

in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: the severity of injuries; acute, rehabilitative and long-term

medical costs, including the sources of reimbursement

and the extent to which these sources cover actual

costs; government, employer, and other costs; and mortality and morbidity outcomes. The study shall cover a

representative period after January 1, 1990.

‘‘(2) REPORT.—The Secretary shall make public a proposed report on the results of the study or studies conducted under this subsection, provide a period of 90

days for public comment on such report, consider such

comments, and transmit to Congress a report on the results of such study or studies, together with a summary

of such comments, not later than 40 months after the

funds for such study are made available by the Secretary.

‘‘(3) FUNDING.—Of the amounts authorized to be appropriated for fiscal year 1992 or 1993 (or both) to carry

out section 153 of title 23, United States Code, the Secretary shall make available $5,000,000 in the aggregate

in such fiscal years to carry out this subsection. Such

funds shall remain available until expended.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 31104.

[§ 154. Repealed. Pub. L. 104–59, title II,

§ 205(d)(1)(B), Nov. 28, 1995, 109 Stat. 577]

Section, 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, established the

national maximum speed limit.

EFFECTIVE DATE OF REPEAL

Repeal applicable to State on 10th day following Nov.

28, 1995, except that if legislature of State is not in session on such date and chief executive officer of State

declares, before such 10th day, that legislature is not in

session and that State prefers applicability date that is

after date on which legislature will convene, repeal applicable to State on 60th day following date on which

legislature next convenes, see section 205(d)(3) of Pub.

L. 104–59, set out as an Effective Date of 1995 Amendment note under section 141 of this title.

STUDY OF COSTS AND BENEFITS TO STATES FROM

REPEAL OF MAXIMUM SPEED LIMIT

Pub. L. 104–59, title III, §347, Nov. 28, 1995, 109 Stat.

616, provided that: ‘‘Not later than September 30, 1997,

the Secretary, in cooperation with any State which

raises any speed limit in such State to a level above the
§ 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.—