Page:United States Statutes at Large Volume 105 Part 3.djvu/63

 PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1947 scenic highway known as "Ministerial Road" between route 138 and route 1 in the State of Rhode Island unless the Governor of such State and the town council of the town of South Kingstown, Rhode Island, first agree to the design. SEC. 1017. ACQUISITION OF RIGHTS-OF-WAY. (a) RIGHT-OF-WAY REVOLVING FUND.— Sections 108(a) and 108(c)(3) of title 23, United States Code, are each amended by striking "ten" and inserting "20". (b) EARLY ACQUISITION OF RIGHTS-OF-WAY.— Section 108 of such title is further amended by adding at the end the following new subsection: "(d) EARLY ACQUISITION OF RIGHTS-OF-WAY. — "(1) GENERAL RULE.— Subject to paragraph (2), funds apportioned to a State under this title may be used to participate in the payment of— "(A) costs incurred by the State for acquisition of rightsof-way, acquired in advance of any Federal approval or authorization, if the rights-of-way are subsequently incorporated into a project eligible for surface transportation program funds; and "(B) costs incurred by the State for the acquisition of land necessary to preserve environmental and scenic values. "(2) TERMS AND CONDITIONS. — The Federal share payable of the costs described in paragraph (1) shall be eligible for reimbursement out of funds apportioned to a State under this title when the rights-of-way acquired are incorporated into a project eligible for surface transportation program funds, if the State demonstrates to the Secretary and the Secretary finds that— "(A) any land acquired, and relocation assistance provided, complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; "(B) the requirements of title VI of the Civil Rights Act of 1964 have been complied with; "(C) the State has a mandatory comprehensive and coordinated land use, environment, and transportation planning process under State law and the acquisition is certified by the Governor as consistent with the State plans before the acquisition; "(D) the acquisition is determined in advance by the Governor to be consistent with the State transportation planning process pursuant to section 135 of this title; "(E) the alternative for which the right-of-way is acquired is selected by the State pursuant to regulations to be issued by the Secretary which provide for the consideration of the environmental impacts of various alternatives; "(F) before the time that the cost incurred by a State is Regulations, approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act has been completed for the project for which the right-of- way was acquired by the State, and the acquisition has been approved by the Secretary under this Act, and in compliance with section 4(f) of the Department of Transportation Act, section 7 of the Endangered Species Act, and all other applicable environmental laws shall be identified by the Secretary in regulations; and

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