Sec. 2813. Modification of requirements relating to land acquisition in Arlington County, Virginia
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Section 2829A of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2728) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A)— by striking to remove and inserting if existing County utilities in the Southgate Road right of way are permitted to remain in accordance with a mutually agreed upon utility easement, to remove by striking through a realignment and inserting “through— a realignment ; in clause (i), as designated by subclause (I), by striking and at the end and inserting or ; and by adding at the end the following new clause: the replacement of Southgate Road with a new access road to Joint Base Myer-Henderson Hall; and ; and in subparagraph (B), by striking the period at the end and inserting in accordance with this section and applicable Federal, Commonwealth, and County road right of way engineering standards and requirements. ; and by amending paragraph
(3)to read as follows: The Secretary shall expend amounts up to fair market value consideration for the interests in land acquired under this subsection as such value is determined by an independent appraisal process in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.). Any substitute or replacement facilities provided as in-kind consideration to replace existing Commonwealth or County roadways under this subsection shall— be conveyed in fee simple absolute with no encumbrances or restrictions unless otherwise agreed by the Commonwealth or the County; comply with applicable Commonwealth or County road right of way engineering standards and requirements; and with respect to any substitute facility provided for the realignment of Columbia Pike— include a right-of-way profile (including constructed roadway, sidewalks, bicycle trails, multi-use trails, buffers, etc.) of not less than 92 feet in width; and ensure that, if a vehicle or equipment tunnel under Columbia Pike is determined by the Secretary to be necessary, there is a depth of not less than 10 feet between the top of the tunnel and the surface of the roadway. The Commonwealth and the County shall be entitled to monetary compensation in an amount equal to the difference in the fair market value of any property acquired under this subsection and any property provided as in-kind consideration under this subparagraph for such acquired property, which shall be appraised— as if such properties were to be made available as surplus; and as determined by an independent appraisal process in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.). ; in subsection (c), by striking appraisals acceptable to the Secretary and inserting an independent appraisal process in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( ; and 42 U.S.C. 4601 et seq.) in subsection (d), by striking , in consultation with the Commonwealth and the County where practicable and inserting the Commonwealth, and the County .
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Sec. 2813
Modification of requirements relating to land acquisition in Arlington County, Virginia
Stat.130 Stat. 2728
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