(A) is lawfully obtained by the State or a unit of local government in the State;
(B) is incorporated into the project;
(C) is not land described in section 138; and
(D) the Secretary determines will not influence the environmental assessment of the project, including—
(i) the decision as to the need to construct the project;
(ii) the consideration of alternatives; and
(iii) the selection of a specific location.
(A) the fair market value shall not include any increase or decrease in the value of donated property caused by the project; and
(B) the fair market value of donated land shall be established as of the earlier of—
(i) the date on which the donation becomes effective; or
(ii) the date on which equitable title to the land vests in the State.
(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.
(Added Pub. L. 93–87, title I, §145(a), Aug. 13, 1973, 87 Stat. 273; amended Pub. L. 93–643, §112, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 100–17, title I, §146(a), Apr. 2, 1987, 101 Stat. 179; Pub. L. 104–59, title III, §322, Nov. 28, 1995, 109 Stat. 591; Pub. L. 105–178, title I, §§1212(a)(2)(A)(i), 1301(b)–(d)(1), June 9, 1998, 112 Stat. 193, 225, 226; Pub. L. 109–59, title I, §1902, Aug. 10, 2005, 119 Stat. 1464.)
The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2005—Subsec. (c). Pub. L. 109–59, §1902(1), inserted “, or a local government from offering to donate funds, materials, or services performed by local government employees,” before “in connection with a project”.
Subsec. (e). Pub. L. 109–59, §1902(2), struck out heading and text of subsec. (e). Text read as follows: “A contribution by a unit of local government of real property, funds, or material in connection with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value of the real property, funds, or material.”
1998—Pub. L. 105–178, §1301(d)(1), substituted “Donations and credits” for “Donations” in section catchline.
Subsec. (b). Pub. L. 105–178, §1301(b)(1), substituted “Acquired” for “Donated” in heading.
Subsec. (b)(1), (2). Pub. L. 105–178, §1301(b)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
Subsec. (b)(3). Pub. L. 105–178, §1301(b)(3), substituted “agency of the Federal Government” for “agency of a Federal, State, or local government”.
Subsec. (b)(4). Pub. L. 105–178, §1301(b)(4), struck out “to which the donation is applied” before period at end.
Subsec. (c). Pub. L. 105–178, §1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.
Subsec. (e). Pub. L. 105–178, §1301(c), added subsec. (e).
1995—Subsecs. (c), (d). Pub. L. 104–59 added subsec. (c) and redesignated former subsec. (c) as (d).
1987—Pub. L. 100–17 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
1975—Pub. L. 93–643 substituted “after he has been fully informed of his right to receive just compensation for the acquisition of his property” for “after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property”.