Page:United States Statutes at Large Volume 101 Part 1.djvu/209

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 179

SEC. 146. RIGHT-OF-WAY DONATION. (a) CREDIT FOR DONATED LANDS AND DONATION PROCEDURES.—

Section 323 of title 23, United States Code, is amended— (1) by inserting "(a) DONATIONS OF PROPERTY BEING AC-

QUIRED.—" before "Nothing"; and (2) by adding at the end the following new subsections: "(b) CREDIT FOR DONATED LANDS.— "(1) GENERAL RULE.—Notwithstanding any provision of this.

title, the State matching share for a project with respect to which Federal assistance is provided out of the Highway Trust Fund (other than the Mass Transit Account) may be credited by the fair market value of land incorporated into the project and lawfully donated to the State after the date of the enactment of this subsection. "(2) ESTABLISHMENT OF FAIR MARKET VALUE.—The fair market value of the donated land shall be established as determined by the Secretary. Fair market value shall not include increases and decreases in the value of donated property caused by the project. For purposes of this subsection, the fair market value of donated land shall be established as of the date the donation becomes effective or when equitable title to the land vests in the State, whichever is earlier. "(3) LIMITATION ON APPLICABILITY.—This subsection shall not apply to donations made by an agency of a Federal, State, or local government.

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"(4) LIMITATION ON AMOUNT OF CREDIT.—The credit received

by a State pursuant to this subsection may not exceed the State's matching share for the project to which the donation is applied. "(c) PROCEDURES.—A gift or donation in accordance with subsection (a) may be made at any time during the development of a project. Any document executed as part of such donation prior to the approval of an environmental document prepared pursuant to the National Environmental Policy Act of 1969 shall clearly indicate 42 USC 4321 that—

"(1) all alternatives to a proposed alignment will be studied and considered pursuant to such Act; "(2) acquisition of property under this section shall not influence the environmental assessment of a project including the decision relative to the need to construct the project or the selection of a specific location; and "(3) any property acquired by gift or donation shall be revested in the grantor or successors in interest if such property is not required for the alignment chosen after public hearings, if required, and completion of the environmental document.". (b) DONATED LANDS IN CALIFORNIA.— (1) TREATMENT AS PROJECT COST.—Notwithstanding any other

provision of law, the fair market value of any lands which have been or in the future are donated or dedicated to the State of California necessary for the right-of-way for relocation and construction of California State Route 73 in Orange County, California, from its interchange with Interstate Route 1-405 to its interchange with Interstate Route 1-5 shall be included as a part of the cost of such relocation and construction project and shall be credited first toward payment of the non-Federal share of the cost of such relocation and construction project.

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