Sec. 9108. Advance acquisition
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Chapter 242 of title 49, United States Code, is amended by inserting the following after section 24202: The Secretary may allow a recipient of a grant under chapter 229 for a passenger rail project to acquire right-of-way and adjacent real property interests before or during the completion of the environmental reviews for a project that may use such property interests if the acquisition is otherwise permitted under Federal law. Before authorizing advance acquisition under this section, the Secretary shall verify that— the recipient has authority to acquire the real property interest; the acquisition of the real property interest— is for a transportation 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 project; does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered; complies with other applicable Federal laws and regulations; and will not result in elimination or reduction of benefits or assistance to a displaced person required by 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 Federal funding for an acquisition of a real property interest, the Secretary shall complete all review processes otherwise required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act of 1966 ( 49 U.S.C. 303 ), and Section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) with respect to the acquisition. 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 sections for chapter 242 of title 49, United States Code, is amended by inserting after the item relating to section 24202 the following new item: Sec. 24203. Advance acquisition. .
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U.S. Code
- Definitions§ 4601
- Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin§ 2000d
- Congressional declaration of purpose§ 4321
- Policy on lands, wildlife and waterfowl refuges, and historic sites§ 303
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 470f
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