Text of the An Act to provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal ...
...farms by Federal and federally assisted programs and to establish uniform and equitable land acquisition policies for Federal and fede
The text of the bill below is as of Jan 2, 1971 (Passed Congress/Enrolled Bill).
You are reading a bill enacted 16,586 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
1894 PUBLIC LAW 91^46-JAN. 2, 1971 [84 STAT. Public Law 91-646 January 2, 1971 ^^ ACT [s. 1] To provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs and to establish uniform and equitable laud acquisition policies for Federal and federally assisted programs. Be it enacted hy the Senate and House of Representatives of the Uniform Reio- United States of Amenca in Congress assembled, That this Act may and R^eai^pro*^e"rty "'^ cited as the "L'liiform Relocation Assistance and Real Property Acquisition Poii- Acqulsltlon Policies Act of 1970". cies Act of 1970. TITLE I—GENERAL PROVISIONS Definitions. ^^^ ^Ql S^^ ^^^ jj^ ^J^jg A c t — (1) The term "Federal agency'' means any department, agency, or instrumentality in the executive branch of the Government (except the National Capital Housing Authority), any wholly owned Govern- ment corporation (except the District of Columbia Redevelopment Land Agency), and the Architect of the Capitol, the Federal Reserve banks and branches thereof. (2) The term "State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the LTnited States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term "State agency" means the National Capital Housing Authority, the District of Columbia Redevelopment Land Agency, and any department, agency, or instrumentality of a State or of a political subdivision of a State, or any department, agency, or instru- mentality of two or more States or of two or more political subdivi- sions of a State or States. (4) The term "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance and any annual payment or capital loan to the District of Columbia. (5) The term "person" means any individual, partnership, cor- poration, or association. (6) The term "displaced person" means any person who, on or after the effective date of this Act, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a Federal agency, or with Federal financial assistance; and solely for the purposes of sections 202(a) and (b) and 205 of this title, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm (»peration, for such program or project. (7) The term "business" means any lawful activity, excepting a farm operation, conducted primarily— (A) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (B) for the sale of services to the public; (C) by a nonprofit organization; or (D) solely for the purposes of section 202(a) of this title, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display
84 STAT. ] PUBLIC LAW 91-646-JAN. 2, 1971 1895 or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. (8) The term "farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, includmg timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (9) The term "mortgage" means such classes of liens as are com- monly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby. E F F E C T U P O N PROPERTY ACQUISITION SEC. 102. (a) The provisions of section 301 of title I I I of this Act create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation. (b) Nothing in this Act shall be construed as creating in any con- demnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this Act. TITLE II—UNIFORM RELOCATION ASSISTANCE DECLARATION OF POLICY SEC. 201. The purpose of this title is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. MOVING AND RELATED EXPENSES SEC. 202. (a) Whenever the acquisition of real property for a pro- gram or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this Act, the head of such agency shall make a payment to any dis- placed person, upon proper application as approved by such agency head, for— (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency; and (•3) actual reasonable expenses in searching for a replacement business or farm, (b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the pay- ments authorized by subsection (a) of this section may receive a mov- ing expense allowance, determined according to a schedule established by the head of the Federal agency, not to exceed $300; and a dislocation allowance of $200.
1896 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. (c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than $2,500 nor more than $10,000. In the case of a business no payment shall be made under this subsection unless the head of the Federal agency is satisfied that the business (1) cannot be relocated without a substantial loss of its exist- ing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the United "Average annual States, which is engaged in the same or similar business. For purposes ot this subsection, the term average annual net earnings" means one- half of any net earnings of the business or farm operation, before Federal, State, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of such agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period. R E P L A C E M E N T H O U S I N G FOR HOMEOWNER SEC. 203. (a) (1) In addition to payments otherwise authorized by this title, the head of the Federal agency shall make an additional payment not in excess of $15,000 to any displaced person who is dis- placed from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (A) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the Federal agency, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment and available on the private market. All determinations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the additional payment. (B) The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replace- ment dwelling. Such amount shall be paid only if the dwelling acquired by the Federal agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.
84 STAT. ] PUBLIC LAW 91-646-JAN. 2, 1971 1897 (C) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (2) The additional j^ayment authorized by this subsection shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which he receives from the Federal agency final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. (b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage (including advances during con- struction) on a comparable replacement dwelling executed by a displaced person assisted under this section, which mortgage is eligible for insurance under any Federal law administered by such agency notwithstanding any requirements under such law relating to age, physical condition, or other personal characteristics of eligible mortgagors, and may make commitments for the insurance of such mortgage prior to the date of execution of the mortgage. R E P L A C E M E N T H O U S I N G FOR T E N A N T S A N D CERTAIN OTHERS SEC. 204. I n addition to amounts otherwise authorized by this title, the head of the Federal agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 203 which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling. Such payment shall be either— (1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards ade<juate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000, or (2) the amount necessary to enable such person to make a down- payment (including incidental expenses described in section 203(a) (1) ( C ) ) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed $4,000, except that if such amount exceeds $2,000, such person must equally match any such amount in excess of $2,000, in making the downpayment. R E L O C A T I O N ASSISTANCE ADVISORY SERVICES SEC. 205. (a) Whenever the acquisition of real property for a pro- gram or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this section, the head of such agency shall provide a relocation assist- ance advisory program for displaced persons which shall offer the serv- ices described in subsection (c) of this section. If such agency head determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under s\ich program.
1898 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. (b) Federal agencies administering programs which may be of assistance to displaced persons covered by this Act shall cooperate to the maximum extent feasible with the Federal or State agency causing the displacement to assure that such displaced persons receive the maximum assistance available to them. (c) Each relocation assistance advisory program required by sub- section (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to— (1) determine the need, if any, of displaced persons, for reloca- tion assistance; (2) provide current and continuing information on the avail- ability, prices, and rentals, of comparable decent, safe, and sani- tary sales and rental housing, and of comparable commercial properties and locations for displaced businesses; (3) assure that, within a reasonable period of time, prior to displacement there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by such Federal agency head, equal in num- ber to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employment, except that the head of that Federal agency may pre- scribe by regulation situations when such assurances may be waived; (4) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supplj^ information concerning Federal and State housing programs, disaster loan programs, and other Federal or State programs offering assistance to displaced persons; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) The heads of Federal agencies shall coordinate relocation activi- ties with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carry- ing out of relocation assistance programs. H O U S I N G R E P L A C E M E N T BY FEDERAL AGENCY AS LAST RESORT SEC. 206. (a) If a Federal project cannot proceed to actual construc- tion because comparable replacement sale or rental housing is not available, and the head of the Federal agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. (b) No person shall be required to move from his dwelling on or after the effective date of this title, on account of any Federal project, unless the Federal agency head is satisfied that replacement housing, in accordance with section 205(c) (3), is available to such person. S T A T E R E Q U I R E D T O F U R N I S H REAL PROPERTY I N C I D E N T TO FEDERAL ASSISTANCE (LOCAL COOPERATION) SEC. 207. Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal pro- gram or project, the Federal agency having authority over the pro-
84 STAT. ] PUBLIC LAW 91-646-JAN. 2, 1971 1899 gram or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 210 and 305 of this Act. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such payments and assistance. STATE ACTING AS AGENT FOR FEDERAL PROGRAM SEC. 208. Whenever real property is acquired by a State agency at the request of a Federal agency for a Federal program or project, such acquisition shall, for the purposes of this Act, be deemed an acquisition by the Federal agency having authority over such program or project. P U B L I C WORKS PROGRAMS A N D P R O J E C T S OF T H E G O V E R N M E N T O F T H E DISTRICT OF COLUMBIA AND OF T H E W A S H I N G T O N M E T R O P O L I T A N AREA TRANSIT AUTHORITY SEC. 209. Whenever real property is acquired by the government of the District of Cohimbia or the Washington Metropolitan Area Tran- sit Authority for a program or project which is not subject to sections 210 and 211 of this title, and such acquisition will result in the displace- ment of any person on or after the effective date of this Act, the Com- missioner of the District of Columbia or the Washington Metropolitan Area Transit Authority, as the case may be, shall make all relocation payments and provide all assistance required of a Federal agency by this Act. Whenever real property is acquired for such a program or project on or after such effective date, such Commissioner or Authority, as the case may be, shall make all payments and meet all requirements prescribed for a Federal agency by title I I I of this Act. R K Q U I R E M E N T S FOR RELOCATION P A Y M E N T S A N D ASSISTANCE OF FEDER- ALLY ASSISTED PROGRAM ; ASSURANCES OF AVAILABILITY OF H O U S I N G SEC. 210. Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be avail- able to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this title, unless he receives satisfactory assurances from such State agency that— (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under sections 202, 203, and 204 of this title; (2) relocation assistance programs offering the services described in section 205 shall be provided to such displaced persons; (3) within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced j>ersons in accordance with section 205(c) (3).
1900 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. FEDERAL SHARE OF COSTS SEC. 211. (a) The cost to a State agency of providing payments and assistance pursuant to sections 206, 210, 215, and 305, shall bo included as part of the cost of a program or project for whicli Federal financial assistance is available to such State agency, and such State agency shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwithstand- ing any other law in the case where the Federal financial assistance is by grant or contribution the Federal agency shall pay the full amount of the first $25,000 of the cost to a State agency of providing payments and assistance for a displaced person under sections 206, 210, 215, and 305, on account of any acquisition or displacement occurring prior to July 1, 1972, and in any case where such Federal financial assistance is by loan, the Federal agency shall loan such State agency the full amount of the first $25,000 of such cost. (b) No payment or assistance under section 210 or 305 shall be required or included as a program or project cost under this section, if the displaced person receives a payment required by the State law of eminent domain which is determined by such Federal agency head to have substantially the same purpose and effect as such payment under this section, and to be part of the cost of the program or project for which Federal financial assistance is available. (c) Any grant to, or contract or agreement with, a State agency executed before the effective date of this title, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this Act, shall be amended to include the cost of providing payments and services under sections 210 and 305. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 206, 210, 215, and 305. A D M I N I S T R A T I O N — R E L O C A T I O N ASSISTANCE I N PROGRAMS RECEIVING FEDERAL F I N A N C I A L ASSISTANCE SEC. 212. In order to prevent unnecessary expenses and duplica- tions of functions, and to promote uniform and effective administra- tion of relocation assistance programs for displaced persons under sections 206, 210, and 215 of this title, a State agency may enter into contracts with any individual, firm, association, or corporation for services in connection with such programs, or may carry out its func- tions under this title through any Federal or State governmental agency or instrumentality having an established organization for con- ducting relocation assistance programs. Such State agency shall, in carrying out the relocation assistance activities described in section 206, whenever practicable, utilize the services of State or local hous- ing agencies, or other agencies having experience in the administra- tion or conduct of similar housing assistance activities. REGULATIONS AND PROCEDURES SEC. 213, (a) In order to promote uniform and effective adminis- tration of relocation assistance and land acquisition of State or local housing agencies, or other agencies having programs or projects by
84 STAT. ] PUBLIC LAW 91^46-JAN. 2, 1971 19(11 Federal agencies or programs or projects by State agencies receiving Federal financial assistance, the heads of Federal agencies shall con- sult together on the establishment of regulations and procedures for the implementation of such programs. (b) The head of each Federal agency is authorized to establish such regulations and procedures as he may determine to be necessary to assure— (1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable, and as uniform as practicable; (2) that a displaced person who makes proper application for a payment authorized for such person by this title shall be paid promptly after a move or, in hardship cases, be paid in advance; and (8) that any person aggrieved by a determination as to eligibil- ity for a payment authorized by this Act, or the amount of a payment, may have his application reviewed by the head of the Federal agency having authority over the applicable program or project, or in the case of a program or project receiving Federal financial assistance, by the head of the State agency. (c) The head of each Federal agency may prescribe such other regulations and procedures, consistent with the provisions of this Act, as he deems necessary or appropriate to carry out this Act. ANNITAI. REPORT SEC. 214. The head of each Federal agency shall prepare and submit Report to con- an annual report to the President on the activities of such agency with respect to the programs and policies established or authorized by this Act, and the President shall submit such reports to the Con- gress not later than January 15 of each year, beginning January 15, 1972, and ending January 15, 1975, together with his comments or I'ecommendations. Such reports shall give special attention t o : (1) the effectiveness of the provisions of this Act assuring the avail- ability of comparable replacement housing, which is decent, safe, and sanitary, for displaced homeowners and tenants; (2) actions taken by the agency to achieve the objectives of the policies of Con- gress, declared in this Act, to provide uniform and equal treatment, to the greatest extent practicable, for all persons displaced by, or having real property taken for. Federal or federally assisted pro- grams; (3) the views of the Federal agency head on the progress made to achieve such objectives in the various programs conducted or administered by such agency, and among the Federal agencies; (-t) any indicated effects of such programs and policies on the pub- lic; and (5) any recommendations he may have for further improve- ments in relocation assistance and land acquisition programs, poli- cies, and implementing laws and regulations. P L A N N I N G AND OTHER P R E L I M I N A R Y E X P E N S E S FOR ADDITIONAL H O U S I N G SEC. 215. In order to encourage and facilitate the construction or rehabilitation of housini>: to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal finan- cially assisted project, the head of the Federal agency adminis- tering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal fiancial assistance, to nonprofit, limited
1902 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. dividend, or cooperative organizations or to public bodies, for neces- sary and reasonable expenses, prior to construction, for planning and obtaining federally insured mortgage financing for the relhabilitation or construction of housing for such displaced persons. Notwithstand- ing the preceding sentence, or any other law, such loans shall be avail- able for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such hous- ing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs, pre- liminary site engineering, preliminary architectural fees, site acquisi- tion, application and mortgage commitment fees, and construction loan fees and discounts. Ixyans to an organization established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of tlhe project or sooner, and except in the case of a loan to an organiza- tion established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid ^hall be credited to the account from whidh such loan was made, unless the Secretary of the Treasury deter- mines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts. P A Y M E N T S N O T TO BE CONSIDERED AS I N C O M E SEC. 216. No payment received under this title shall be considered as 26^usc^i°e^' income for the purposes of the Internal Revenue Code of 1954; or for ^^'^* the purposes of determining the eligibility or the extent of eligibility 49 Stat. 620. Qf ^nv persou for assistance under the Social Security Act or any other 42 An u s e line TTo/- 1305. '' ii '^ '^ Federal law. D I S P L A C E M E N T BY CODE E N J - O R C E M E N T , R E H A B I L I T x \ T I O N , A N D DEMOLITION PROGRAMS RECEIVING FEDERAL ASSISTANCE SEC. 217. A person who moves or discontinues his business, or moves other personal property, or moves from his dwelling on or after the eifective date of this Act, as a direct result of any project or program which receives Federal financial assistance under title I of the Housing 63 Stat. 414; s^^\^ of 1949, as amended, or as a result of carrying out a comprehensive ^42*1180 u*5o. ^"^^y demonstration program under title I of the Demonstration Cities 80 Stat. 1255. and Metropolitan Development Act of 1966 shall, for the purposes of 42 note use 3301 ||-^jg w\\^^ be deemed to have been displaced as the result of the acquisi- tion of real property. TRANSFERS OF SURPLUS PROPERTY SE€. 218. The Administrator of General Services is authorized to transfer to a State agency for the purpose of providing replacement housing required by this title, any real property surplus to the needs of the United States within the meaning of the Federal Property and 63 Stat. 377. Administrative Services Act of 1949, as amended. Such transfer shall 4 0 use 471 note, j^e subject to such terms and conditions as the Administrator deter- mines necessary to protect the interests of the United States and may be made without monetary consideration, except that such State agency shall pay to the United States all amounts received by such agency frorn any sale, lease, or other disposition of such property for such housing.
84 STAT. ] PUBLIC LAW 91-646-JAN. 2, 1971 1903 D I S P L A C E M E N T BY A S P E C I F I C PROGRAM SEC. 219. Notwithstanding any other provision of this title, a person— (1) who moves or discontinues his business, moves other per- sonal property, or moves from his dwelling on or after January 1, 1969, and before the 90th day after the date of enactment of this Act as the result of the contemplated demolition of struc- tures or the construction of improvements on real property acquired, in whole or in part, by a Federal agency within the area in New York, New York, bounded by Lexington and Third Avenues and 31st and 32d Streets; and (2) who has lived on, or conducted a business on, such real property for at least one year prior to the date of enactment of this Act; may be considered a displaced person for purposes of sections 202 (a) and ( b ) , 204, and 205 of this title, by the head of the agency acquiring the real property if— (A) the head of the agency determines that such person has suffered undue hardship as the result of displacement from the real property; and (B) tine Federal Government acquired and held such property for at least five years prior to the date of enactment of this Act. REPEALS SEC. 220. (a) The following laws and parts of laws are hereby repealed: (1) The Act entitled "An Act to authorize the Secretary of the Interior to reimburse ow ners of lands required for development under his jurisdiction for their moving expenses, and for other purposes," approved May 29, 1958 (43 U.S.C. 1231-1234). 72 Stat. 152. (2) Paragraph 14 of section 203(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473). 76 Stat. 3 8 4 . (3) Section 2680 of title 10, United Stiates Code. 76 Stat. 5 1 1 . (4) Section 7(b) of the Urban Mass Transportation Act of 1965 (49 U.S.C. 1606(b)). 78 Stat. 3 0 5 . (5) Section 114 of the Housing Act of 1949 (42 U.S.C. 1465). Ante, p,. 1779. (6) Paragraphs (7) (b) (iii) and (8) of section 15 of the United States Housing Act of 1937 (42 U.S.C. 1415, 1415(8)), except the 78 Stat. 7 9 5 . first sentence of paragraph (8). (7) Section 2 of the Act entitled "An Act to authorize the Commis- sioners of the District of Columbia to pay relocation costs made nec- essary by actions of the District of Columbia government, and for other purposes", approved October 6,1964 (78 Stat. 1004; Public Law 88-629; D.C. Code 5-729). (8) Section 404 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3074). 79 stat. 486. (9) Sections 107 (b) and (c) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3307). so stat. 1259. (10) Chapter 5 of title 23, United States Code. s2 stat. a30. (11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 " "^^ ^°^- (Public Law 90-^95). 82 stat. 835. (b) Any rights or liabilities now existing under prior Acts or por- ^IQ^O^^^ ^°^ "°**' tions thereof shall not be affected by the repeal of such prior Acts or portions thereof under subsection (a) of this section.
1904 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. EFFECTIVE DATE SEC. 221. (a) Except as provided in subsections (b) and (c) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment. (b) Until July 1, 1972, sections 210 and 305 shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. After July 1,1972, such sections shall be completely applicable to all States. (c) The repeals made by paragraphs (4), (5), (6), (8), (9), (10), (11), and (12) of section 220 (a) of this title and section 306 of title I I I shall not apply to any State so long as sections 210 and 305 are not applicable in such State. TITLE III—UNIFOEM REAL PROPERTY ACQUISITION POLICY U N I F O R M POLICY ON REAL PROPERTY A C Q U I S I T I O N PRACTICES SEC. 301. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Fed- eral land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotia- tions, and the ow^ner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. (3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency's approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owmer, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just com- pensation for the real property acquired and for damages to remain- ing real property shall be separately stated. (4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits w^ith the court in accordance with section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a), for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.
84 STAT. ] PUBLIC LAW 91-646-JAN. 2, 1971 1905 (5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by title I I will be available), or to move his business or farm operation, without at least ninety days' written notice from the head of the Federal agency concerned, of the date by which such move is required. (6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. (8) If any interest in real property is to be acquired by exercise of the powder of eminent domain, the head of the Federal agency con- cerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property. B U I L D I N G S , STRUCTURES, AND I M P R O V E M E N T S SEC. 302. (a) Notwithstanding any other provision of law^, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all buildings, struc- tures, or other improvements located upon the real property so acquired and w^hich he requires to be removed from such real property or which he determines will be adversely affected by the use to w^hich such real property will be put. (b) (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improve- ment contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.
1906 PUBLIC LAW 91-646-JAN. 2, 1971 [84 STAT. EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO UNITED STATES SEC. 303. The head of a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condem- nation j)roceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for— (1) recording fees, transfer taxes, and similar expenses inci- dental to conveying such real property to the United States; (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real prop- erty; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vestnig title in the United States, or the effectiA^e date of possession of such real property by the United States, whichever is the earlier. LITIGATION EXPENSES SEC. 304. (a) The Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemna- tion shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred l3ecause of the condemnation proceedings, if— (1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the United States. (b) Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted. (c) The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a) (2) or 1491 of title 28, United States Ante. p. 449. Codc, awardiiig compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, sudli sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of sudh proceeding. R E Q U I R E M E N T S F O R U N I F O R M L A N D ACQUISITION POLICIES; PAYMENTS OF EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAY- MENT OF LITIGATION EXPENSES I N CERTAIN CASES SEC. 305. Xotwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal finan- cial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after the effective date of this title, unless he receives satisfac- tory assurances from such State agency that— (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and
84 STAT. ] PUBLIC LAW 91-647-JAN. 5, 1971 1907 (2) property owners will be paid or i-eimbursed for necessary expenses as specified in sections 303 and 304. REPEALS SEC. 306. Sections 401,402, and 403 of the Housing and Urban Devel- opment Act of 1965 (42 tJ.S.C. 3071-3073), section 35(a) of the 79 Stat. 485. Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of 82 Stat. 8 3 6 . the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby 74 Stat. 5 0 2 . repealed. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section. Approved January 2, 1971. Public Law 91-647 AN ACT J a n u a r y 5, 1971 To improve judicial machinery by providing for the appointment of a circuit [ H . R . 17901] executive for each judicial circuit. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section 332 of Circuit court executives. title 28, United States Code, is amended (a) by designating each of Appointment. the existing paragraphs thereof as subsections ( a ) , (b), (c), and ( d ) , 62 Stat. 902; 77 Stat. 3 3 1 . respectively; and (b) by inserting new subsections (e) and (f) to read: "(e) The judicial council of each circuit may appoint a circuit executive from among persons who shall be certified by the Board of Certification. The circuit executive shall exercise such administra- tive powers and perform such duties as may be delegated to him by the circuit council. The duties delegated to the circuit executive of Duties. each circuit may include but need not be limited t o : "(1) Exercising administrative control of all nonjudicial activities of the court of appeals of the circuit in which he is appointed. " (2) Administering the personnel system of the court of appeals of the circuit. " (3) Administering the budget of the court of appeals of the circuit. " (4) Maintaining a modern accounting system. "(5) Establishing and maintaining property control records and undertaking a space management program. "(6) Conducting studies relating to the business and administra- tion of the courts within the circuit and preparing appropriate recom- mendations and reports to the chief judge, the circuit council, and the Judicial Conference. "(7) Collecting, compiling, and analyzing statistical data with a view to the preparation and presentation of reports based on such data as may be directed by the chief judge, the circuit council, and the Administrative Office of the United States Courts. "(8) Representing the circuit as its liaison to the courts of the various States in which the circuit is located, the marshal's office, State and local bar associations, civic groups, news media, and other private and public groups having a reasonable interest in the admin- istration of the circuit. 47-348 O - 72 - 37 (Pt. 2)