[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.501]

[Page 342-343]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710--RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
              Subpart E--Property Acquisition Alternatives
 
Sec. 710.501  Early acquisition.


    (a) Real property acquisition. The State may initiate acquisition of 
real

[[Page 343]]

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.