Sec. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS
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## SEC. 1302 ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS ###
(a)Real Property Interests Section 108 of title 23, United States Code, is amended— ####
(1)by striking “real property” each place it appears and inserting “real property interests”; ####
(2)by striking “right-of-way” each place it appears and inserting “real property interest”; and ####
(3)by striking “rights-of-way” each place it appears and inserting “real property interests”. ###
(b)State-funded Early Acquisition of Real Property Interests Section 108(c) of title 23, United States Code, is amended— ####
(1)in the subsection heading, by striking “Early Acquisition of Rights-of-way” and inserting “State-funded Early Acquisition of Real Property Interests”; ####
(2)by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; ####
(3)in paragraph
(2)(as so redesignated)— #####
(A)in the heading, by striking “General rule” and inserting “Eligibility for reimbursement”; and #####
(B)by striking “Subject to paragraph (2)” and inserting “Subject to paragraph (3)”; ####
(4)by inserting before paragraph
(2)(as so redesignated) the following: > > #### “(1) In general > > A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.” > ; and ####
(5)in paragraph
(3)(as so redesignated)— #####
(A)in the matter preceding subparagraph (A), by striking “in paragraph (1)” and inserting “in paragraph (2)”; and #####
(B)in subparagraph (G), by striking “both the Secretary and the Administrator of the Environmental Protection Agency have concurred” and inserting “the Secretary has determined”. ###
(c)Federally Funded Acquisition of Real Property Interests Section 108 of title 23, United States Code, is amended by adding at the end the following: > > ### “(d) Federally Funded Early Acquisition of Real Property Interests > > > #### “(1) Definition of acquisition of a real property interest > > In this subsection, the term ‘acquisition of a real property interest’ includes the acquisition of— > > > ##### “(A) > > any interest in land; > > > ##### “(B) > > a contractual right to acquire any interest in land; or > > > ##### “(C) > > any other similar action to acquire or preserve rights-of-way for a transportation facility. > > > #### “(2) Authorization > > The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State. > > > #### “(3) State certification > > A State requesting Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that— > > > ##### “(A) > > the State has authority to acquire the real property interest under State law; and > > > ##### “(B) > > the acquisition of the real property interest— > > > ###### “(i) > > is for a transportation purpose; > > > ###### “(ii) > > will not cause any significant adverse environmental impact; > > > ###### “(iii) > > will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; > > > ###### “(iv) > > does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; > > > ###### “(v) > > is consistent with the State transportation planning process under section 135; > > > ###### “(vi) > > complies with other applicable Federal laws (including regulations); > > > ###### “(vii) > > will be acquired through negotiation, without the threat of condemnation; and > > > ###### “(viii) > > will not result in a reduction or elimination 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.). > > > #### “(4) Environmental compliance > > > ##### “(A) In general > > Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the acquisition of the real property interest. > > > ##### “(B) Independent utility > > The acquisition of a real property interest— > > > ###### “(i) > > shall be treated as having independent utility for purposes of the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and > > > ###### “(ii) > > shall not limit consideration of alternatives for future transportation improvements with respect to the real property interest. > > > #### “(5) Programming > > > ##### “(A) In general > > The acquisition of a real property interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49. > > > ##### “(B) Acquisition project > > The acquisition project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor. > > > #### “(6) Development > > Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed. > > > #### “(7) Reimbursement > > If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State. > > > #### “(8) Other requirements and conditions > > > ##### “(A) Applicable law > > The acquisition of a real property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for federally funded transportation projects. > > > ##### “(B) Additional conditions > > The Secretary may establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines to be appropriate.” > .
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