Attachment 1

The Uniform Act
1Public Law 91-646
91st Congress, S. 1
January 2, 1971
(2As amended by Public Law 100-17,
Apr. 2, 1987, Title IV, Uniform
Relocation Act Amendments of 1987.)
(3As amended by Public Law 102-240,
Dec. 18, 1991, Sec. 1055, Relocation
Assistance Regulations Relating to the
Rural Electrification Administration.)
(4As amended by Public Law 105-117,
Nov 21, 1997, Sec.104; Sec 2, an Alien not
lawfully present in the United States.)
Office of Real Estate Services
Federal Highway Administration
AN ACT
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 land acquisition
policies for Federal and federally assisted programs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, that this Act may be cited as the "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970".
TITLE I--GENERAL PROVISIONS
SEC. 101. As used in this Act-(1) The term "Federal agency" means any department, agency, or instrumentality in the executive
branch of the Government, any wholly owned Government corporation, the Architect of the
Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority
to acquire property by eminent domain under Federal law.
(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 United States,
the Trust Territory of the Pacific Islands, and any political subdivision thereof.
(3) The term "State agency" means any department, agency, or instrumentality of a State or of a
political subdivision of a State, any department, agency, or instrumentality of two or more States
or of two or more political subdivisions of a State or States, and any person who has the authority
to acquire property by eminent domain under State law.
(4) The term "Federal financial assistance" means a grant, loan, or contribution provided by the
United States, except any Federal guarantee or insurance, any interest reduction payment to an
individual in connection with the purchase and occupancy of a residence by that individual, and
any annual payment or capital loan to the District of Columbia.
(5) The term "person" means any individual, partnership, corporation, or association.
(6)(A) The term "displaced person" means, except as provided in subparagraph (B)--

1

(i) any person who moves from real property, or moves his personal property from real
property(I) as a direct result of a written notice of intent to acquire or the acquisition of
such real property in whole or in part for a program or project undertaken by a
Federal agency or with Federal financial assistance; or
(II) on which such person is a residential tenant or conducts a small business, a
farm operation, or a business defined in section 101(7)(D), as a direct result of
rehabilitation, demolition, or such other displacing activity as the lead agency
may prescribe, under a program or project undertaken by a Federal agency or
with Federal financial assistance in any case in which the head of the displacing
agency determines that such displacement is permanent; and
(ii) solely for the purposes of sections 202(a) and (b) and 205 of this title, any person who
moves from real property, or moves his personal property from real property-(I) as a direct result of a written notice of intent to acquire or the acquisition of
other real property, in whole or in part, on which such person conducts a
business or farm operation, for a program or project undertaken by a Federal
agency or with Federal financial assistance; or
(II) as a direct result of rehabilitation, demolition, or such other displacing activity
as the lead agency may prescribe, of other real property on which such person
conducts a business or a farm operation, under a program or project undertaken
by a Federal agency or with Federal financial assistance where the head of the
displacing agency determines that such displacement is permanent.
(B) The term "displaced person" does not include(i) a person who has been determined, according to criteria established by the head of
the lead agency, to be either in unlawful occupancy of the displacement dwelling or to
have occupied such dwelling for the purpose of obtaining assistance under this Act;
(ii) in any case in which the displacing agency acquires property for a program or project,
any person (other than a person who was an occupant of such property at the time it was
acquired) who occupies such property on a rental basis for a short term or a period
subject to termination when the property is needed for the 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 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

2

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, including 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 commonly 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.
(10) The term "comparable replacement dwelling" means any dwelling that is (A) decent, safe,
and sanitary; (B) adequate in size to accommodate the occupants; (C) within the financial means
of the displaced person; (D) functionally equivalent; (E) in an area not subject to unreasonable
adverse environmental conditions; and (F) in a location generally not less desirable than the
location of the displaced person's dwelling with respect to public utilities, facilities, services, and
the displaced person's place of employment.
(11) The term "displacing agency" means any Federal agency carrying out a program or project,
and any State, State agency, or person carrying out a program or project with Federal financial
assistance, which causes a person to be a displaced person.
(12) The term "lead agency" means the Department of Transportation.
(13) The term "appraisal" means a written statement independently and impartially prepared by a
qualified appraiser setting forth an opinion of defined value of an adequately described property
as of a specific date, supported by the presentation and analysis of relevant market information.
EFFECT UPON PROPERTY ACQUISITION
SEC. 102. (a) The provisions of section 301 of title III 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 condemnation 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.
CERTIFICATION
SEC. 103. (a) Notwithstanding sections 210 and 305 of this Act, the head of a Federal agency may
discharge any of his responsibilities under this Act by accepting a certification by a State agency that it
will carry out such responsibility, if the head of the lead agency determines that such responsibility will be
carried out in accordance with State laws which will accomplish the purpose and effect of this Act.
(b) (1) The head of the lead agency shall issue regulations to carry out this section.
(2) The head of the lead agency shall, in coordination with other Federal agencies, monitor from time to
time, and report biennially to the Congress on, State agency implementation of this section. A State
agency shall make available any information required for such purpose.
(3) Before making a determination regarding any State law under subsection (a) of this section, the head
of the lead agency shall provide interested parties with an opportunity for public review and comment. In

3

particular, the head of the lead agency shall consult with interested local general purpose governments
within the State on the effects of such State law on the ability of local governments to carry out their
responsibilities under this Act.
(c) (1) The head of a Federal agency may withhold his approval of any Federal financial assistance to or
contract or cooperative agreement with any displacing agency found by the Federal agency to have failed
to comply with the laws described in subsection (a) of this section.
(2) After consultation with the head of the lead agency, the head of a Federal agency may rescind his
acceptance of any certification under this section, in whole or in part, if the State agency fails to comply
with such certification or with State law.
DISPLACED PERSONS NOT ELIGIBLE FOR ASSISTANCE
SEC. 104.(a) IN GENERAL - Except as provided in subsection (c), a displaced person shall not be
eligible to receive relocation payments or any other assistance under this Act if the displaced person is an
alien not lawfully present in the United States.
(b) DETERMINATIONS OF ELIGIBILITY
(1) PROMULGATION OF REGULATIONS- Not later than 1 year after the date of
enactment of this section, after providing notice and an opportunity for public comment,
the head of the lead agency shall promulgate regulations to carry out subsection (a).
(2)CONTENTS OF REGULATIONS- Regulations promulgated under paragraph (1)shall
(A) prescribe the processes, procedures, and information that a displacing
agency must use in determining whether a displaced person is an alien not
lawfully present in the United States;
(B)prohibit a displacing agency from discriminating against any displaced person;
(C) ensure that each eligibility determination is fair and based on reliable
information; and
(D) prescribe standards for a displacing agency to apply in making
determinations relating to exceptional and extremely unusual hardship under
subsection (c).
(c) EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP- If a displacing agency determines
by clear and convincing evidence that a determination of the ineligibility of a displaced person
under subsection (a) would result in exceptional and extremely unusual hardship to an individual
who is the displaced person's spouse, parent, or child and who is a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States, the displacing agency
shall provide relocation payments and other assistance to the displaced person under this Act if
the displaced person would be eligible for the assistance but for subsection (a).
(d) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section affects any right
available to a displaced person under any other provision of Federal or State law.

4

TITLE II--UNIFORM RELOCATION ASSISTANCE
DECLARATION OF FINDINGS AND POLICY
SEC. 201. (a) The Congress finds and declares that-(1) displacement as a direct result of programs or projects undertaken by a Federal
agency or with Federal financial assistance is caused by a number of activities, including
rehabilitation, demolition, code enforcement, and acquisition;
(2) relocation assistance policies must provide for fair, uniform, and equitable treatment
of all affected persons;
(3) the displacement of businesses often results in their closure;
(4) minimizing the adverse impact of displacement is essential to maintaining the
economic and social well-being of communities; and
(5) implementation of this Act has resulted in burdensome, inefficient, and inconsistent
compliance requirements and procedures which will be improved by establishing a lead
agency and allowing for State certification and implementation.
(b) This title establishes a uniform policy for the fair and equitable treatment of persons displaced
as a direct result of programs or projects undertaken by a Federal agency or with Federal
financial assistance. The primary purpose of this title is to ensure that such persons shall not
suffer disproportionate injuries as a result of programs and projects designed for the benefit of the
public as a whole and to minimize the hardship of displacement on such persons.
(c) It is the intent of Congress that-(1) Federal agencies shall carry out this title in a manner which minimizes waste, fraud,
and mismanagement and reduces unnecessary administrative costs born by States and
State agencies in providing relocation assistance;
(2) uniform procedures for the administration of relocation assistance shall, to the
maximum extent feasible, assure that the unique circumstances of any displaced person
are taken into account and that persons in essentially similar circumstances are accorded
equal treatment under this Act;
(3) the improvement of housing conditions of economically disadvantaged persons under
this title shall be undertaken, to the maximum extent feasible, in coordination with existing
Federal, State, and local governmental programs for accomplishing such goals; and
(4) the policies and procedures of this Act will be administered in a manner which is
consistent with fair housing requirements and which assures all persons their rights under
title VIII of the Act of April 11, 1968 (P.L. 90-284), commonly known as the Civil Rights
Act of 1968, and title VI of the Civil Rights Act of 1964.

MOVING AND RELATED EXPENSES.
SEC. 202. (a) Whenever a program or project to be undertaken by a displacing agency will result in the
displacement of any person, the head of the displacing agency shall provide for the payment to the
displaced person of--

5

(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;
(3) actual reasonable expenses in searching for a replacement business or farm; and
(4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit
organization, or small business at its new site, but not to exceed $10,000.
(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 payments authorized by subsection (a) of this section may receive an expense and
dislocation allowance, which shall be determined according to a schedule established by the
head of the lead agency.
(c) Any displaced person eligible for payments under subsection (a) of this section who is
displaced from the person's place of business or farm operation and who is eligible under criteria
established by the head of the lead agency may elect to accept the payment authorized by this
subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall
consist of a fixed payment in an amount to be determined according to criteria established by the
head of the lead agency, except that such payment shall not be less than $1,000 nor more than
$20,000. A person whose sole business at the displacement dwelling is the rental of such
property to others shall not qualify for a payment under this subsection.
(d) (1) Except as otherwise provided by Federal law-(A) if a program or project (i) which is undertaken by a displacing agency, and (ii) the
purpose of which is not to relocate or reconstruct any utility facility, results in the
relocation of a utility facility;
(B) if the owner of the utility facility which is being relocated under such program or
project has entered into, with the State or local government on whose property,
easement, or right-of-way such facility is located, a franchise or similar agreement with
respect to the use of such property, easement, or right-of-way; and
(C) if the relocation of such facility results in such owner incurring an extraordinary cost in
connection with such relocation; the displacing agency may, in accordance with such
regulations as the head of the lead agency may issue, provide to such owner a relocation
payment which may not exceed the amount of such extraordinary cost (less any increase
in the value of the new utility facility above the value of the old utility facility and less any
salvage value derived from the old utility facility).

(2) For purposes of this subsection, the term-(A) "extraordinary cost in connection with a relocation" means any cost incurred by the
owner of a utility facility in connection with relocation of such facility which is determined

6

by the head of the displacing agency, under such regulations as the head of the lead
agency shall issue-(i) to be a non-routine relocation expense;
(ii) to be a cost such owner ordinarily does not include in its annual budget as an
expense of operation; and
(iii) to meet such other requirements as the lead agency may prescribe in such
regulations; and
(B) "utility facility" means-(i) any electric, gas, water, steam power, or materials transmission or distribution
system;
(ii) any transportation system;
(iii) any communications system (including cable television); and
(iv) any fixtures, equipment, or other property associated with the operation,
maintenance, or repair of any such system; located on property which is owned
by a State or local government or over which a State or local government has an
easement or right-of-way. A utility facility may be publicly, privately, or
cooperatively owned.
REPLACEMENT HOUSING FOR HOMEOWNER
SEC. 203. (a) (1) In addition to payments otherwise authorized by this title, the head of the displacing
agency shall make an additional payment not in excess of $22,500 to any displaced person who is
displaced 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 displacing agency, equals the reasonable cost of a comparable
replacement dwelling.
(B) The amount, if any, which will compensate such displaced person for any
increased interest costs and other debt service costs which such person is
required to pay for financing the acquisition of any such comparable replacement
dwelling. Such amount shall be paid only if the dwelling acquired by the
displacing agency was encumbered by a bona fide mortgage which was a valid
lien on such dwelling for not less than 180 days immediately prior to the initiation
of negotiations for the acquisition of such dwelling.
(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 payment authorized by this section shall be made only to a displaced
person who purchases and occupies a decent, safe, and sanitary replacement dwelling
within one year after the date on which such person receives final payment from the

7

displacing agency for the acquired dwelling or the date on which the displacing agency's
obligation under section 205(c)(3) of this Act is met, whichever is later, except that the
displacing agency may extend such period for good cause. If such period is extended,
the payment under this section shall be based on the costs of relocating the person to a
comparable replacement dwelling within one year of such date.
(b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage
(including advances during construction) 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.
REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS
SEC. 204 (a) In addition to amounts otherwise authorized by this title, the head of a displacing 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 immediately prior to (1) the initiation of negotiations for acquisition of such
dwelling, or (2) in any case in which displacement is not a direct result of acquisition, such other event as
the head of the lead agency shall prescribe. Such payment shall consist of the amount necessary to
enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement
dwelling, but not to exceed $5,250. At the discretion of the head of the displacing agency, a payment
under this subsection may be made in periodic installments. Computation of a payment under this
subsection to a low-income displaced person for a comparable replacement dwelling shall take into
account such person's income.
(b) Any person eligible for a payment under subsection (a) of this section may elect to apply such
payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent,
safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the
displacing agency, be eligible under this subsection for the maximum payment allowed under subsection
(a), except that, in the case of a displaced homeowner who has owned and occupied the displacement
dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations
for the acquisition of such dwelling, such payment shall not exceed the payment such person would
otherwise have received under section 203(a) of this Act had the person owned and occupied the
displacement dwelling 180 days immediately prior to the initiation of such negotiations.
RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY SERVICES
SEC.205 (a) Programs or projects undertaken by a Federal agency or with Federal financial assistance
shall be planned in a manner that (1) recognizes, at an early stage in the planning of such programs or
projects and before the commencement of any actions which will cause displacements, the problems
associated with the displacement of individuals, families, businesses, and farm operations, and (2)
provides for the resolution of such problems in order to minimize adverse impacts on displaced persons
and to expedite program or project advancement and completion.
(b) The head of any displacing agency shall ensure that the relocation assistance advisory services
described in subsection (c) of this section are made available to all persons displaced by such agency. If
such agency head determines that any person occupying property immediately adjacent to the property
where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency
head may make available to such person advisory services.

8

(c) Each relocation assistance advisory program required by subsection (b) of this section shall include
such measures, facilities, or services as may be necessary or appropriate in order to-(1) determine, and make timely recommendations on, the needs and preferences, if any, of
displaced persons for relocation assistance;
(2) provide current and continuing information on the availability, sales prices, and rental charges
of comparable replacement dwellings for displaced homeowners and tenants and suitable
locations for businesses and farm operations;
(3) assure that a person shall not be required to move from a dwelling unless the person has had
a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of(A) a major disaster as defined in section 102(2) of the Disaster Relief Act of 1974;
(B) a national emergency declared by the President; or
(C) any other emergency which requires the person to move immediately from the
dwelling because continued occupancy of such dwelling by such person constitutes a
substantial danger to the health or safety of such person;
(4) assist a person displaced from a business or farm operation in obtaining and becoming
established in a suitable replacement location;
(5) supply (A) information concerning other Federal and State programs which may be of
assistance to displaced persons, and (B) technical assistance to such persons in applying for
assistance under such programs; and
(6) provide other advisory services to displaced persons in order to minimize hardships to such
persons in adjusting to relocation.
(d) The head of a displacing agency shall coordinate the relocation activities performed by such agency
with other Federal, State, or local governmental actions in the community which could affect the efficient
and effective delivery of relocation assistance and related services.
(e) Whenever two or more Federal agencies provide financial assistance to a displacing agency other
than a Federal agency, to implement functionally or geographically related activities which will result in
the displacement of a person, the heads of such Federal agencies may agree that the procedures of one
of such agencies shall be utilized to implement this title with respect to such activities. If such agreement
cannot be reached, then the head of the lead agency shall designate one of such agencies as the agency
whose procedures shall be utilized to implement this title with respect to such activities. Such related
activities shall constitute a single program or project for purposes of this Act.
(f) Notwithstanding section 101(6) of this Act, in any case in which a displacing agency acquires property
for a program or project, any person who occupies such property on a rental basis for a short term or a
period subject to termination when the property is needed for the program or project shall be eligible for
advisory services to the extent determined by the displacing agency.
HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT
SEC. 206. (a) If a program or project undertaken by a Federal agency or with Federal financial assistance
cannot proceed on a timely basis because comparable replacement dwellings are not available, and the
head of the displacing agency determines that such dwellings cannot otherwise be made available, the

9

head of the displacing agency may take such action as is necessary or appropriate to provide such
dwellings by use of funds authorized for such project. The head of the displacing agency may use this
section to exceed the maximum amounts which may be paid under sections 203 and 204 on a case-bycase basis for good cause as determined in accordance with such regulations as the head of the lead
agency shall issue.
(b) No person shall be required to move from his dwelling on account of any program or project
undertaken by a Federal agency or with Federal financial assistance, unless the head of the displacing
agency is satisfied that comparable replacement housing is available to such person.
STATE REQUIRED TO FURNISH REAL PROPERTY INCIDENT 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 program or project, the Federal agency having authority over the program 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.

PUBLIC WORKS PROGRAMS AND PROJECTS OF THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA AND OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
SEC. 209. Whenever real property is acquired by the government of the District of Columbia or the
Washington Metropolitan Area Transit 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 displacement of any person on or after the
effective date of this Act, the Commissioner 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 III of this Act.
REQUIREMENTS FOR RELOCATION PAYMENTS AND ASSISTANCE OF FEDERALLY ASSISTED
PROGRAM; ASSURANCES OF AVAILABILITY OF HOUSING
SEC. 210. Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or
contract or agreement with, a displacing agency (other than a Federal agency), under which Federal
financial assistance will be 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 title, unless he receives
satisfactory assurances from such displacing agency that--

10

(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, comparable replacement dwellings
will be available to displaced persons in accordance with section 205(c)(3).
FEDERAL SHARE OF COSTS.

SEC. 211 (a) The cost to a displacing agency of providing payments and assistance under this title and
title III of this Act shall be included as part of the cost of a program or project undertaken by a Federal
agency or with Federal financial assistance. A displacing agency, other than a Federal 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.
(b) No payment or assistance under this title or title III of this Act shall be required to be made to
any person or included as a program or project cost under this section, if such person receives a
payment required by Federal, State, or local law which is determined by the head of the Federal
agency to have substantially the same purpose and effect as such payment under this section.
(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. [42 U.S.C. 4631]
ADMINISTRATION--RELOCATION ASSISTANCE IN PROGRAMS RECEIVING FEDERAL FINANCIAL
ASSISTANCE
SEC. 212. In order to prevent unnecessary expenses and duplications of functions, and to promote
uniform and effective administration 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 functions
under this title through any Federal or State governmental agency or instrumentality having an
established organization for conducting 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 housing agencies, or other agencies having experience in the administration or
conduct of similar housing assistance activities.

DUTIES OF LEAD AGENCY
SEC. 213. (a) The head of the lead agency shall-(1) develop, publish, and issue, with the active participation of the Secretary of Housing
and Urban Development and the heads of other Federal agencies responsible for funding

11

relocation and acquisition actions, and in coordination with State and local governments,
such regulations as may be necessary to carry out this Act;
(2) provide, in consultation with the Attorney General (acting through the Commissioner
of the Immigration and Naturalization Service), through training and technical assistance
activities for displacing agencies, information developed with the Attorney General (acting
through the Commissioner) on proper implementation of section 104;
(3) ensure that displacing agencies implement section 104 fairly and without
discrimination in accordance with section 104(b)(2)(B);
(4) ensure that relocation assistance activities under this Act are coordinated with lowincome housing assistance programs or projects by a Federal agency or a State or State
agency with Federal financial assistance;
(5) monitor, in coordination with other Federal agencies, the implementation and
enforcement of this Act and report to the Congress, as appropriate, on any major issues
or problems with respect to any policy or other provision of this Act; and
(6) perform such other duties as may be necessary to carry out this Act.
(b) The head of the lead agency is authorized to issue such regulations and establish such
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
(3) that any aggrieved person 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 State agency having
authority over such program or project or the Federal agency having authority over such
program or project if there is no such State agency.
(c) The regulations and procedures issued pursuant to this section shall apply to the Tennessee
Valley Authority and the Rural Electrification Administration only with respect to relocation
assistance under this title and title I.
PLANNING AND OTHER PRELIMINARY EXPENSES FOR ADDITIONAL HOUSING
SEC. 215. In order to encourage and facilitate the construction or rehabilitation of housing to meet the
needs of displaced persons who are displaced from dwellings because of any Federal or Federal
financially assisted project, the head of the Federal agency administering 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 financial assistance, to nonprofit, limited dividend, or cooperative organizations
or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and
obtaining federally insured mortgage financing for the rehabilitation or construction of housing for such
displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be
available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning,
and in obtaining financing for, such housing, prior to the availability of such financing, including, but not

12

limited to, preliminary surveys and analyses of market needs, preliminary site engineering, preliminary
architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees
and discounts. Loans 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 the project or sooner, and except in the case of a loan to an
organization 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 shall be credited to the account from which such loan was made, unless the Secretary of the
Treasury determines that such account is no longer in existence, in which case such sum shall be
returned to the Treasury and credited to miscellaneous receipts.
PAYMENTS NOT TO BE CONSIDERED AS INCOME
SEC. 216. No payment received under this title shall be considered as income for the purposes of the
Internal Revenue Code of 1954; or for the purposes of determining the eligibility or the extent of eligibility
of any person for assistance under the Social Security Act or any other Federal law (except for any
Federal law providing low-income housing assistance).
TRANSFERS OF SURPLUS PROPERTY

SEC. 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 Administrative Services Act of 1949, as
amended. Such transfer shall be subject to such terms and conditions as the Administrator determines
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 net amounts received by such agency
from any sale, lease, or other disposition of such property for such housing.
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 owners
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).
(2) Paragraph 14 of section 203(b) of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2473).
(3) Section 2680 of title 10, United States Code.
(4) Section 7(b) of the Urban Mass Transportation Act of 1965 (49 U.S.C. 1606(b)).
(5) Section 114 of the Housing Act of 1949 (2 U.S.C. 1465).
(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 first sentence of paragraph (8).
(7) Section 2 of the Act entitled "An Act to authorize the Commissioners of the District of
Columbia to pay relocation costs made necessary by actions of the District of Columbia

13

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).
(9) Sections 107 (b) and (c) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3307).
(10) Chapter 5 of title 23, United States Code.
(11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 (Public Law 90-495).
(b) Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected
by the repeal of such prior Acts or portions thereof under subsection (a) of this section.
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 III shall not apply to any State so long as sections 210 and 305
are not applicable in such State.
TITLE III--UNIFORM REAL PROPERTY ACQUISITION POLICY
UNIFORM POLICY ON REAL PROPERTY ACQUISITION 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 Federal 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 negotiations, and the owner or his
designated representative shall be given an opportunity to accompany the appraiser during his
inspection of the property, except that the head of the lead agency may prescribe a procedure to
waive the appraisal in cases involving the acquisition by sale or donation of property with a low
fair market value.
(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 owner, will be disregarded in

14

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
compensation for the real property acquired and for damages to remaining 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 with 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.
(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 II 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 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 power of eminent domain,
the head of the Federal agency concerned 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 a portion of a property would leave the owner with an uneconomic
remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the
purposes of this Act, an uneconomic remnant is a parcel of real property in which the owner is left
with an interest after the partial acquisition of the owner's property and which the head of the
Federal agency concerned has determined has little or no value or utility to the owner.
(10) A person whose real property is being acquired in accordance with this title may, after the
person has been fully informed of his right to receive just compensation for such property, donate
such property, and part thereof, any interest therein, or any compensation paid therefor to a
Federal agency, as such person shall determine.

BUILDINGS, STRUCTURES, AND IMPROVEMENTS
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, structures,
or other improvements located upon the real property so acquired and which he requires to be removed
from such real property or which he determines will be adversely affected by the use to which such real
property will be put.

15

(b) (1) for the purpose of determining 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 improvement 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 and 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.
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
condemnation proceeding 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 incidental 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 property; and
(3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to
the date of vesting title in the United States, or the effective 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 condemnation 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 because 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.

16

(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 Code, awarding 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, such 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 such proceeding.
REQUIREMENTS FOR UNIFORM LAND ACQUISITION POLICIES; PAYMENTS OF EXPENSES
INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAYMENT OF LITIGATION
EXPENSES IN CERTAIN CASES
SEC. 305. (a) Notwithstanding 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, an acquiring agency under which
Federal financial 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
satisfactory assurances from such acquiring 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
(2) property owners will be paid or reimbursed for necessary expenses as specified in
sections 303 and 304.
(b) For purposes of this section, the term "acquiring agency" means-(1) a State agency (as defined in section 101(3)) which has the authority to acquire
property by eminent domain under State law, and
(2) a State agency or person which does not have such authority, to the extent provided
by the head of the lead agency by regulation.
REPEALS
SEC. 306. Sections 401, 402, and 403 of the Housing and Urban Development Act of 1965 (42 U.S.C.
3071-3073), section 35(a) of the Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of the
Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby 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.

17