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U.S. Code as of:
01/19/04
Section 323. Donations and credits
(a) Donations of Property Being Acquired. - Nothing in this
title, or in any other provision of law, shall be construed to
prevent a person whose real property is being acquired in
connection with a project under this title, after he has been fully
informed of his right to receive just compensation for the
acquisition of his property, from making a gift or donation of such
property, or any part thereof, or of any of the compensation paid
therefor, to a Federal agency, a State or a State agency, or a
political subdivision of a State, as said person shall determine.
(b) Credit for Acquired Lands. -
(1) In general. - Notwithstanding any other provision of this
title, the State share of the cost of a project with respect to
which Federal assistance is provided from the Highway Trust Fund
(other than the Mass Transit Account) may be credited in an
amount equal to the fair market value of any land that -
(A) is lawfully obtained by the State or a unit of local
government in the State;
(B) is incorporated into the project;
(C) is not land described in section 138; and
(D) the Secretary determines will not influence the
environmental assessment of the project, including -
(i) the decision as to the need to construct the project;
(ii) the consideration of alternatives; and
(iii) the selection of a specific location.
(2) Establishment of fair market value. - The fair market value
of land incorporated into a project and credited under paragraph
(1) shall be established in the manner determined by the
Secretary, except that -
(A) the fair market value shall not include any increase or
decrease in the value of donated property caused by the
project; and
(B) the fair market value of donated land shall be
established as of the earlier of -
(i) the date on which the donation becomes effective; or
(ii) the date on which equitable title to the land vests in
the State.
(3) Limitation on applicability. - This subsection shall not
apply to donations made by an agency of the Federal Government.
(4) Limitation on amount of credit. - The credit received by a
State pursuant to this subsection may not exceed the State's
matching share for the project.
(c) Credit for Donations of Funds, Materials, or Services. -
Nothing in this title or any other law shall prevent a person from
offering to donate funds, materials, or services in connection with
a project eligible for assistance under this title. In the case of
such a project with respect to which the Federal Government and the
State share in paying the cost, any donated funds, or the fair
market value of any donated materials or services, that are
accepted and incorporated into the project by the State
transportation department shall be credited against the State
share.
(d) Procedures. - A gift or donation in accordance with
subsection (a) may be made at any time during the development of a
project. Any document executed as part of such donation prior to
the approval of an environmental document prepared pursuant to the
National Environmental Policy Act of 1969 shall clearly indicate
that -
(1) all alternatives to a proposed alignment will be studied
and considered pursuant to such Act;
(2) acquisition of property under this section shall not
influence the environmental assessment of a project including the
decision relative to the need to construct the project or the
selection of a specific location; and
(3) any property acquired by gift or donation shall be revested
in the grantor or successors in interest if such property is not
required for the alignment chosen after public hearings, if
required, and completion of the environmental document.
(e) Crediting of Contributions by Units of Local Government
Toward the State Share. - A contribution by a unit of local
government of real property, funds, or material in connection with
a project eligible for assistance under this title shall be
credited against the State share of the project at the fair market
value of the real property, funds, or material.
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