23 CFR 710.501 - Early acquisition.

prev | next
§ 710.501 Early acquisition.
(a) Real property acquisition. The State may initiate acquisition of real property at any time it has the legal authority to do so based on program or project considerations. The State may undertake early acquisition for corridor preservation, access management, or other purposes.
(b) Eligible costs. Acquisition costs incurred by a State agency prior to executing a project agreement with the FHWA are not eligible for Federal-aid reimbursement. However, such costs may become eligible for use as a credit towards the State's share of a Federal-aid project if the following conditions are met:
(1) The property was lawfully obtained by the State;
(2) The property was not land described in 23 U.S.C. 138;
(3) The property was acquired in accordance with the provisions of 49 CFR part 24;
(4) The State complied with the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4);
(5) The State determined and the FHWA concurs that the action taken did not influence the environmental assessment for the project, including:
(i) The decision on need to construct the project;
(ii) The consideration of alternatives; and
(iii) The selection of the design or location; and
(6) The property will be incorporated into a Federal-aid project.
(7) The original project agreement covering the project was executed on or after June 9, 1998.
(c) Reimbursement. In addition to meeting all provisions in paragraph (b) of this section, the FHWA approval for reimbursement for early acquisition costs, including costs associated with displacement of owners or tenants, requires the STD to demonstrate that:
(1) Prior to acquisition, the STD made the certifications and determinations required by 23 U.S.C. 108(c)(2)(C) and (D); and
(2) The STD obtained concurrence from the Environmental Protection Agency in the findings made under paragraph (b)(5) of this section regarding the NEPA process.

Title 23 published on 2013-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 23 - HIGHWAYS

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

42 U.S. Code § 2000d–1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract...requirements; reports to Congressional committees; effective date of administrative action

42 U.S. Code § 2000d–2 - Judicial review; administrative procedure provisions

42 U.S. Code § 2000d–3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

42 U.S. Code § 2000d–4 - Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty

42 U.S. Code § 2000d–4a - “Program or activity” and “program” defined

42 U.S. Code § 2000d–5 - Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act

42 U.S. Code § 2000d–6 - Policy of United States as to application of nondiscrimination provisions in schools of local educational agencies

42 U.S. Code § 2000d–7 - Civil rights remedies equalization

§ 4633 - Duties of lead agency

§ 4651 - Uniform policy on real property acquisition practices

§ 4652 - Buildings, structures, and improvements

§ 4653 - Expenses incidental to transfer of title to United States

§ 4654 - Litigation expenses

§ 4655 - Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases