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U.S. Code as of:
01/19/04
Section 108. Advance acquisition of real property
(a) In General. -
(1) Availability of funds. - For the purpose of facilitating
the timely and economical acquisition of real property for a
transportation improvement eligible for funding under this title,
the Secretary, upon the request of a State, may make available,
for the acquisition of real property, such funds apportioned to
the State as may be expended on the transportation improvement,
under such rules and regulations as the Secretary may issue.
(2) Construction. - The agreement between the Secretary and the
State for the reimbursement of the cost of the real property
shall provide for the actual construction of the transportation
improvement within a period not to exceed 20 years following the
fiscal year for which the request is made, unless the Secretary
determines that a longer period is reasonable.
(b) Federal participation in the cost of rights-of-way acquired
under subsection (a) of this section shall not exceed the Federal
pro rata share applicable to the class of funds from which Federal
reimbursement is made.
(c) Early Acquisition of Rights-of-Way. -
(1) General rule. - Subject to paragraph (2), funds apportioned
to a State under this title may be used to participate in the
payment of -
(A) costs incurred by the State for acquisition of
rights-of-way, acquired in advance of any Federal approval or
authorization, if the rights-of-way are subsequently
incorporated into a project eligible for surface transportation
program funds; and
(B) costs incurred by the State for the acquisition of land
necessary to preserve environmental and scenic values.
(2) Terms and conditions. - The Federal share payable of the
costs described in paragraph (1) shall be eligible for
reimbursement out of funds apportioned to a State under this
title when the rights-of-way acquired are incorporated into a
project eligible for surface transportation program funds, if the
State demonstrates to the Secretary and the Secretary finds that
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(A) any land acquired, and relocation assistance provided,
complied with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
(B) the requirements of title VI of the Civil Rights Act of
1964 have been complied with;
(C) the State has a mandatory comprehensive and coordinated
land use, environment, and transportation planning process
under State law and the acquisition is certified by the
Governor as consistent with the State plans before the
acquisition;
(D) the acquisition is determined in advance by the Governor
to be consistent with the State transportation planning process
pursuant to section 135 of this title;
(E) the alternative for which the right-of-way is acquired is
selected by the State pursuant to regulations to be issued by
the Secretary which provide for the consideration of the
environmental impacts of various alternatives;
(F) before the time that the cost incurred by a State is
approved for Federal participation, environmental compliance
pursuant to the National Environmental Policy Act has been
completed for the project for which the right-of-way was
acquired by the State, and the acquisition has been approved by
the Secretary under this Act,(!1) and in compliance with
section 303 of title 49, section 7 of the Endangered Species
Act, and all other applicable environmental laws shall be
identified by the Secretary in regulations; and
(G) before the time that the cost incurred by a State is
approved for Federal participation, both the Secretary and the
Administrator of the Environmental Protection Agency have
concurred that the property acquired in advance of Federal
approval or authorization did not influence the environmental
assessment of the project, the decision relative to the need to
construct the project, or the selection of the project design
or location.
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