Sec. 35504. Advance acquisition
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Chapter 241 is amended by inserting after section 24105 the following— The Secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle V of title 49, United States Code, that may use such property interests if the acquisition is otherwise permitted under Federal law, and the recipient requesting Federal funding for the acquisition certifies, with the concurrence of the Secretary, that— the recipient has authority to acquire the right-of-way or adjacent real property interest; and the acquisition of the right-of-way or adjacent real property interest— is for a transportation or transportation-related purpose; will not cause significant adverse environmental impact; will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the Secretary on any approval required for the proposed project; does not prevent the lead agency for the review process from making an impartial decision as to whether to accept an alternative that is being considered; complies with other applicable Federal law, including regulations; will be acquired through negotiation and without the threat of condemnation; and will not result in the elimination or reduction of benefits or assistance to a displaced person under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ).
Before authorizing any Federal funding for the acquisition of a real property interest that is the subject of a grant or other funding under this subtitle, the Secretary shall complete, if required, the review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the acquisition. An acquisition of a real property interest involving an historic site shall not occur unless the section 106 process, if required, under the National Historic Preservation Act ( 54 U.S.C. 306108 ) is complete.
A real property interest acquired under subsection
(a)may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed. . The table of contents of chapter 241 is amended by inserting after the item relating to section 24105 the following: 24106. Advance acquisition. .
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