Early Acquisition: Statewide Land Use, Environment and Transportation Planning Requirements
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2018-08-01
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Abstract:Ordinarily, the acquisition of properties or real property interests for federally-assisted projects does not begin before the completion of the environmental review process that the National Environmental Policy Act (NEPA) requires. In some situations, however, an agency may acquire property in advance of NEPA or other environmental determinations through a process called early acquisition. This report describes how State Department of Transportation have interpreted and implemented 23 U.S.C. 108(c)(3)(C), which requires “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.” The report builds upon stakeholder input to describe how States could most effectively and efficiently meet the comprehensive and coordinated planning requirement.
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