[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.511]

[Page 349-350]
 
                           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. 710.511  Transportation enhancements.

    (a) General. Section 133(b) (8) of title 23 of the United States 
Code authorizes the expenditure of surface transportation funds for 
transportation enhancement activities (TEA). Transportation enhancement 
activities which involve the acquisition, management, and disposition of 
real property, and the relocation of families, individuals, and 
businesses, are governed by the general requirements of the Federal-aid 
program found in titles 23 and 49 of the Code of Federal Regulations 
(CFR), except as specified in paragraph (b)(3) of this section.
    (b) Requirements. (1) Displacements for TEA are subject to the 
Uniform Act.
    (2) Acquisitions for TEA are subject to the Uniform Act except as 
provided in paragraphs (b)(3), (b)(4), and (b)(5) of this section.
    (3) Entities acquiring real property for TEA who lack the power of 
eminent domain may comply with the Uniform Act by meeting the limited 
requirements under 49 CFR 24.101(a)(2).
    (4) The requirements of the Uniform Act do not apply when real 
property acquired for a TEA was purchased from a third party by a 
qualified conservation organization, and--
    (i) The conservation organization is not acting on behalf of the 
agency receiving TEA or other Federal-aid funds, and
    (ii) There was no Federal approval of property acquisition prior to 
the involvement of the conservation organization. [``Federal approval of 
property acquisition'' means the date of the approval of the 
environmental document or project authorization/agreement, whichever is 
earlier. ``Involvement of the conservation organization'' means the date 
the organization makes a legally binding offer to acquire a real 
property interest, including an option to purchase, in the property.]

[[Page 350]]

    (5) When a qualified conservation organization acquires real 
property for a project receiving Federal-aid highway funds on behalf of 
an agency with eminent domain authority, the requirements of the Uniform 
Act apply as if the agency had acquired the property itself.
    (6) When, subsequent to Federal approval of property acquisition, a 
qualified conservation organization acquires real property for a project 
receiving Federal-aid highway funds, and there will be no use or 
recourse to the power of eminent domain, the limited requirements of 49 
CFR 24.101(a)(2) apply.
    (c) Property management. Real property acquired with TEA funds shall 
be managed in accordance with the property management requirements 
provided in subpart D of this part. Any use of the property for purposes 
other than that for which the TEA funds were provided must be consistent 
with the continuation of the original use. When the original use of the 
real property is converted by sale or lease to another use inconsistent 
with the original use, the STD shall assure that the fair market value 
or rent is charged and the proceeds reapplied to projects eligible under 
title 23 of the United States Code.