No exceptions have been made for the highway program. The full Federal contribution (unlike its 1968 legislation) has now been extended to 1972.

Section 231(d) is directed to the prevention of duplication of functions. It seeks uniformity and coordination of relocation assistance programs at State and local levels. It states that any agreement by a State agency under subsection (a) of this section shall provide that such agency may make relocation payments or provide relocation assistance or otherwise carry out its functions under this title by utilizing the facilities, personnel, and services of any other State agency having an established organization for conducting relocation assistance programs.

Section 231 (e) and (f) is an administrative section dealing with amendments to the Federal contract with States and localities, and the advancement of the Federal funds for relocation payments. The provisions of this section shall not be applicable to any situation which comes within the provisions of the first sentence of paragraph (8) of section 15 of the United States Housing Act of 1937 (42 U.S.C. 1415(8)).

Section 232 makes any displacee under any project or program receiving Federal assistance under title I of the Housing Act of 1949, as amended, or as a result of carrying out a comprehensive city demonstration program under title I of the Demonstration Cities and Metropolitan Development Act of 1966, a displaced person under this title. Section 233 provides that the head of a Federal agency which has acquired real property and which held the property for 5 years shall have the right to determine whether a person who has met specific qualifications ((1) moves or discontinues his business, moves other personal property, or moves from his dwelling on or after January 1, 1969, and before the effective date prescribed in section 253(a), as the result of the contemplated demolition of structures or the construction of improvements on real property acquired, in whole or in part, by a Federal agency; and (2) who has lived on, or conducted a business on, such real property for at least 1 year prior to the date of enactment of this act), has suffered undue hardship and, accordingly, should be offered relocation assistance under sections 211 and 212 of this title.

"Undue hardship" is a factual situation to be determined by the head of the agency. The head of the agency is strictly limited, however, to granting relocation assistance to those displaced persons who fulfill the qualifications otherwise prescribed in this section.

All such persons and businesses on the property subsequent to the effective date of the act would be entitled to its benefits if forced to relocate.

Part C-Authority of President

Section 241 (a) sets forth the areas of authority granted to the President in making rules and regulations to carry out the provisions of title II of the proposed act.

First, the subsection requires that relocation payments authorized by section 211 shall be fair and reasonable and as uniform as practicable.

Second, it requires that a displaced person who makes application for relocation payments under section 211(a) shall be reimbursed for or paid his reasonable and necessary expenses in moving himself, his family, his business, farm operation, or other personal property, and for his reasonable and necessary expenses in searching for a replacement property. If he disposes of personal property on moving his business or farm operation and replaces such property at the new location at a price exceeding any sum received from disposing of such property, the amount of the difference between such prices not to exceed the estimated cost of moving the property or its market value, whichever is less.

Finally, he shall also receive reimbursement for such other expenses as may be provided for by regulations issued by the President under

this section.

Section 241 (a) establishes further requirements. A displaced person who makes proper application for a relocation payment shall be paid promptly after his move, or in hardship cases the President may, by regulation, authorize advance payment. Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of such payment, may have his application reviewed by the head of the agency. Finally, the displacee shall have a reasonable time in which to apply for a relocation payment under title II.

Section 241(b) permits the President, by regulation, to establish a limitation on the amount of a relocation payment authorized under section 211(a) with due consideration to the declaration of policy in section 201 of the title and other provisions of the bill.

Section 241 (c) authorizes the President to require affected Federal agencies to use established relocation facilities of other Federal agencies or State and local agencies in carrying out relocation activities. This subsection seeks to eliminate unnecessary expense and overlapping of relocation functions and is intended to assist in promoting more uniform and effective administration of relocation assistance payments.

It is the intent of the Congress in the administration of Federal relocation assistance under section 241(c) that special emphasis and attention be given to stimulating centralized relocation administration among local governments (and combinations of local governments) and State governments. Such centralized relocation administration is essential in the achievement of uniform assistance among all types of displacement programs. Also, such centralized relocation administration can

Provide a central place where those displaced can receive information on relocation assistance;

Enable a local community to coordinate its housing resources, including the programing of new housing;

Enable a community to coordinate social services related to relocation; and

Facilitate a well-trained permanent core staff concerned with relocation, regardless of the fluctuating level of displacement in the different programs.

Thus it is expected that Federal assistance will be utilized to support these centralized relocation functions, and other appropriate functions. Section 241 (d) authorizes the President to make such other rules and regulations as may be necessary to carry out responsibilities under this act.

Severability

Part D- General provisions

Section 251 is the usual "severability provision" found in many pieces of Federal legislation. It states that if any provision of this title, or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of the provision to other persons or circumstances shall not be affected thereby. Repealer

Section 252 repeals all existing provisions of Federal law, which are to be replaced by the provisions of this title. Those Federal assistance programs which do not now have relocation provisions are automatically covered by the provisions of this title.

Effective date

Section 253 specifies the times when provisions of title 11 shall become effective. In general, the title goes into effect 6 months after the date of its enactment, and thereafter all State agencies that are able to do so under their laws will be required to comply with all provisions of the title that are applicable to them. To allow those State agencies which now lack authority for compliance sufficient time, to obtain the needed changes, the date on which sections 231, 232, and 232(a) (4), (5), (6), (7), (8), (9), (10), and (11) applying to federally assisted programs shall take effect on July 1, 1971, except that commencing 180 days after enactment, the provisions of sections 231 and 232 shall be applicable with respect to any grants to or contract or agreement with a State agency to the extent it is able under its laws to comply with such sections and the provisions of Federal law governing relocation payments and assistance otherwise applicable to grants to or contracts or agreements with such agency shall be superseded by this title.

Fund availability

Section 254 provides that funds appropriated or otherwise available to any Federal agency for the acquisition of real property or any interest therein shall be available also for obligation and expenditure to carry out the provisions of this title.

TITLE III-UNIFORM LAND ACQUISITION POLICY

Part A-Federal programs

Title III, like title II, is set forth in two parts; the first, part A, relating to the taking of real property by Federal agencies directly; and the second, part B, related to real property taking by State or local agencies under federally assisted programs.

Uniform policy on land acquisition practices

Section 301(a) set forth a congressional mandate of 12 provisions which Federal agencies must follow in the taking of real property for Federal purposes:

(1) Transactions shall be conducted in such a manner as to assure to the extent possible that persons whose property is acquired shall not be worse off economically than they were before the property was acquired.

(2) Every reasonable effort shall be made to acquire real property by negotiated purchase.

(3) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. Furthermore, a copy of the appraisal report shall be furnished the landowner.

(4) Before the initiation of negotiations for property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation, such amount to be not less than the appraised value of the property as approved by such agency head, and he shall make a prompt offer to acquire the property for the full amount so established. This provision is intended to assure that the Government will reimburse a property owner in an amount which is fair and reasonable, and that its offer to the owner shall not be less than appraised value. It is not intended to preclude effective negotiation or to establish a oneprice policy.

(5) Unless the head of the Federal agency determines that an emergency exists and severe or irreparable damages or injury may be caused by complying with this subsection, 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 with the court an amount not less than the appraised fair value of such property as determined by such agency head, or the amount of the award of compensation in the condemnation proceeding for such property.

(6) The construction or development of public improvements shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property will be required to move from a dwelling, or to move his business or farm operation without at least 90 days' written notice from the head of the Federal agency concerned, of the date by which such move is required.

(7) If the head of the Federal agency concerned does not require a building, structure, or other improvement acquired as a part of the real property, he shall where practicable offer to permit its owner to remove it.

(8) 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.

(9) In no event shall the head of a Federal agency either advance the time of condemnation, or defer the condemnation and the deposit of funds in court for the use of the owner, in order to compel an agreement on the price to be paid for the property. If an agency head cannot reach an agreement with the owner, after negotiations have continued for a reasonable time, he shall promptly institute condemnation proceedings and, at the same time or as soon thereafter as practicable, file a declaration of taking and deposit funds with the court if possession is required prior to the entry of the judgement in the condemnation proceeding.

(10) If an interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall, except as to property to be acquired under section 25 of the Tennessee Valley Authority Act of 1933, as amended, require the Attorney General to 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 property.

(11) If only a portion of a parcel or real property is to be acquired, thereby leaving the unacquired portion without economic use, the head of the Federal agency concerned shall offer to acquire the entire property.

(12) In determining the boundaries of a proposed public improvement, the head of the Federal agency concerned should take into account human considerations, including the economic and social effects of such determination on the owners and tenants of real property in the area, in addition to engineering and other factors.

Section 301 (b) makes clear that the above provisions shall not affect the validity of any acquisitions by purchase or condemnation. Buildings, structures, and improvements

Section 302 (a) states that if the head of a Federal agency acquires land or any interest in and for public use in a State, he shall acquire a like interest, or greater interest, in all buildings, structures, or other improvements comprising part of the real property so acquired which are required to be removed from the land which, in the opinion of such agency head, will be adversely affected by such public use.

However, there are situations where the buildings, structures, and improvements do not belong to the owner of the land, but are the property of a tenant or other person holding legal possession. In such instance section 302 (c) provides that for the purpose of determining the extent of the acquisition of real property and the valuation thereof, no building, structure, or other improvement shall be deemed to be other than a part of the real property solely because of 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 head of the Federal agency shall pay to the tenant the fair value of the building, structure, or improvement, which shall be determined as the greatest of (1) the contributive value of the improvement to the present use of the entirety; (2) the current cost of replacement less depreciation of the improvement; or (3) the value of the improvement for removal from the property. It is provided (1) that payment hereunder will not result in duplication of any payments otherwise authorized by law; (2) that the fee owner of the land involved shall disclaim any interest in the improvements of the lessee; and (3) the lessee in consideration for such payment shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. It is also provided that no provision of this section shall be construed to deprive the lessee of his right to reject the payments hereunder and to obtain payment for his property interests of just compensation as otherwise defined by law.