(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(2)
(A) violates the law of the State; or
(B) violates a legal contract between the utility and the State.
(3)
(4)
(A)
(B)
(i) the early utility relocation project is necessary to accommodate a transportation project;
(ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project;
(iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project—
(I) would not result in significant adverse environmental impacts; and
(II) would comply with other applicable Federal environmental requirements;
(iv) the early utility relocation project did not influence—
(I) the environmental review process for the transportation project;
(II) the decision relating to the need to construct the transportation project; or
(III) the selection of the transportation project design or location;
(v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title;
(vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds;
(vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135;
(viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and
(ix) the transportation project that necessitated the utility relocation activity is approved for construction.
(C)
(c)
(1) section 138;
(2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations);
(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
(4) an environmental review process.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100–17, title I, §133(b)(8), Apr. 2, 1987, 101 Stat. 171; Pub. L. 112–141, div. A, title I, §1104(c)(3), July 6, 2012, 126 Stat. 427; Pub. L. 117–58, div. A, title I, §11315, Nov. 15, 2021, 135 Stat. 540.)
The National Environmental Policy Act of 1969, referred to in subsec. (b)(4)(B)(viii), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (c)(2), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 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 4601 of Title 42 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (c)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 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 2000a of Title 42 and Tables.
2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to reimbursement to States for relocation of utility facilities.
2012—Subsec. (a). Pub. L. 112–141 substituted "on any Federal-aid highway" for "on any Federal-aid system".
1987—Subsec. (a). Pub. L. 100–17 substituted "any Federal-aid system," for "the Federal-aid primary or secondary systems or on the Interstate System, including extensions thereof within urban areas,".
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 105–178, title I, §1213(e), June 9, 1998, 112 Stat. 201, directed the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, including an assessment of methods States use to mitigate such delays, and directed the Comptroller General to transmit to Congress a report on the results of the study with any appropriate recommendations not later than 1 year after June 9, 1998.