H.R. 10261

Edgely Community Protection and Transparency Act

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Sec. 2. Requirements for major Federal actions that involve the acquisition of private property

Section 106(b)(1) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336(b)(1)) is amended—

(1) by striking An agency shall issue and inserting the following:

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(A) In general. An agency shall issue

; and

(2) by adding at the end the following:

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(B) Actions that involve the acquisition of private property. If an agency is required to prepare an environmental impact statement under this Act for a proposed agency action that involves the acquisition (including through the exercise of eminent domain) of private property, the agency shall—

(i) identify in the environmental impact statement an estimate of the acreage or other measure of private property anticipated to be acquired for the proposed agency action and each alternative to the proposed agency action analyzed in the environmental impact statement; and

(ii) if the environmental impact statement identifies a preferred alternative—

(I) identify whether the preferred alternative results in the least amount of acquisition of private property compared to the proposed agency action and the other alternatives to the proposed agency action analyzed in the environmental impact statement; and

(II) include in the environmental impact statement an analysis of how public comments regarding the acquisition (including through the exercise of eminent domain) of private property were taken into account when identifying the preferred alternative.