an opportunity to accompany the appraiser during inspection of the property;

(3) Before the initiation of negotiations establish an amount which it believes to be just compensation for the real property and make a prompt offer to acquire the property for that amount;

(4) Before requiring any owner to surrender possession of real property--(i) Pay the agreed purchase price; (ii) Deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of the property;

or

(iii) Pay the amount of the award of compensation in a condemnation proceeding for the property;

(5) If any interest in real property is to be acquired by exercise of the power of eminent domain, institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and

(6) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, offer to acquire that remnant.

(b) In acquiring real property, to the greatest extent practicable an agency may not

(1) Schedule the construction or development of a public improvement that will require any person lawfully occupying real property to move from a dwelling, or to move his business or farm operation, without giving that person at least 90 days' written notice of the date he is required to move.

(2) If it rents acquired real property to the former owner or tenant for short term or subject to termination by the agency on short notice, charge rent that is more than the fair rental value of the property to a short-term occupier;

(3) Compel an agreement on the price to be paid for the property by

(1) Advancing the time of condemnation;

(ii) Deferring negotiations, condemnation, or the deposit of funds in court for use of the owner; or

(iii) Taking any other coercive action. (c) For purposes of paragraph (a) (4) (ii) and (b) (3) (ii) of this section, the word court includes any board, commission or similar body.

At the time it makes an offer to purchase real property, the agency concerned shall provide the owner of that property with a written statement of the basis for the amount estimated to be just compensation. To the greatest extent practicable, the statement must include the following:

(a) An identification of the real property and the particular interest being acquired.

(b) A certification, where applicable, that any separately held interest in the real property is not being acquired in whole or in part.

(c) An identification of buildings, structures, and other improvements, including fixtures, removable building equipment, and any trade fixtures which are considered to be part of the real property for which the offer of just compensation is made.

(d) A declaration that the agency's determination of just compensation

(1) Is based on the fair market value of the property;

(2) Is not less than the agency's approved appraised value of the property;

(3) Disregards any decrease or increase in the fair market value caused by the project for which the property is being acquired; and

(4) In the case of separately held interests in the real property, includes an apportionment of the total just compensation for each of those interests.

(e) In the case of partial taking, the amount of damages, if any, to the remaining real property.

(1) The fair market value that the building, structure, or other improvement contributes to the fair market value of the real property acquired; or

(2) The fair market value of the building, structure, or other improvement, assuming its removal from the property.

(b) A payment may not be made to a tenant under paragraph (a) of this section unless

(1) The tenant, in consideration for the payment, assigns, transfers, and releases to the agency concerned all his right, title, and interest in the improvement;

(2) The owner of the land involved disclaims all interest in the improvement; and

(3) The payment is not duplicated by any payment otherwise authorized by law.

(c) Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment as otherwise authorized by law.

§ 25.260 Criteria for appraisals.

(a) The appropriate DOT official shall establish

(1) Criteria for determining the qualifications of appraisers;

(2) Criteria for a system of review by qualified appraisers; and

(3) Standards for appraisals consistent with the "Uniform Appraisal Standards for Federal Land Acquisition" (1972 edition, published by the Interagency Land Acquisition Conference).

(b) The publication incorporated by reference in paragraph (a)(3) of this section may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, for 35 cents. Requests for copies should refer to Stock No. 5259-0002. A copy may be examined in the Office of the General Counsel, Room 10100, Department of Transportation, 7th and D Streets SW., Washington, D.C.

(b) Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(c) The pro rata portion of any prepaid real property taxes which are allocable to a period subsequent to the date of vesting title in the agency or the effective date of possession of the real property by the agency, whichever is the earlier.

§ 25.263 Litigation expenses.

(a) In any condemnation proceeding brought by the agency concerned to acquire real property, it shall reimburse the owner of any right, title, or interest in the real property for his reasonable costs, disbursements, and expenses, including attorney, appraisal, and engineering fees, actually incurred because of the proceeding, if—

(1) The final judgment is that the agency concerned cannot acquire the real property by condemnation; or

(2) The proceeding is abandoned by the agency concerned.

(b) In any inverse condemnation proceeding where the owner of any right, title, or interest in real property receives an award of compensation by judgment or settlement, the agency concerned shall reimburse the plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.

§ 25.265 Allowance for benefits prohibited.

No allowance for benefits provided by this part may be included in

(a) Contracts or options to purchase real property;

(b) The appraised value of real property; and

(c) Estimated compensation in the event of condemnation with a declaration of taking.

§ 25.267 Cost of replacing publiclyowned property.

(a) When publicly-owned property used for public purposes is acquired for a project to which this part applies, the cost of replacing that property (including any improvement thereon) may be included in the cost of the project, if the appropriate DOT official finds that:

(1) The State agency has determined that the replacement of this property is in the public interest;

AUTHORITY: The provisions of this Part 71 issued under secs. 1-4, 40 Stat. 450, as amended, sec. 1, 41 Stat. 1446, as amended, secs. 2-7, 80 Stat. 107-109, sec. 6(e) (5), 80 Stat. 937, sec. 1, 84 Stat. 119; 15 U.S.C. 260267, 49 U.S.C. 1655 (e) (5), unless otherwise noted.

SOURCE: The provisions of this Part 71 appear at 35 F.R. 12318, Aug. 1, 1970, unless otherwise noted.

871.1 Limits defined; exceptions authorized for certain rail operating purposes only.

(a) This part prescribes the geographic limits of each of the eight standard time zones established by section 1 of the Standard Time Act, as amended by section 4 of the Uniform Time Act of 1966 (15 U.S.C. 261). It also contains lists of operating exceptions granted for specified rail carriers, whose operations cross the time zone boundaries prescribed by this part, authorizing them to carry the standard of time on which the major portion of a particular operation is conducted into an adjoining time zone.

(b) Any rail carrier whose operations cross a time zone boundary prescribed by this part may apply for an operating exception to the General Counsel, Department of Transportation, Washington, D.C. 20590. However, each rail carrier for which an operating exception is granted shall, in its advertisements, time cards, station bulletin boards, and other publications, show arrival and. departure times in terms of the standard time for the place concerned.

(c) The time zones established by the Standard Time Act, as amended by the Uniform Time Act of 1966, are Atlantic, eastern, central, mountain, Pacific, Yukon, Alaska-Hawail, and Bering.

§ 71.2 Annual advancement of standard time.

(a) Section 3 (a) of the Uniform Time Act of 1966 (15 U.S.C. 260a (a)) requires that "the standard time of each zone * shall be advanced 1 hour [during the period beginning at 2:00 a.m. on the last Sunday in April of each year and ending at 2:00 a.m. on the last Sunday in October] * and such

time as so advanced shall be the standard time of such zone during such period." The section further authorizes any State to exempt itself from this requirement. For these reasons, all times (including the period of advanced time) in the United States, whether in an exempted State or not, shall be cited as "standard time" during the entire year.

(b) Section 3 (b) of the Uniform Time Act of 1966 (15 U.S.C. 260a (b)) provides that "it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for advances in time or changeover dates different from those specified in [section 3(a) of that Act)", which are those specified in paragraph (a) of this section.

United States that is west of 67°30′ W. longitude and east of the boundary line described in § 71.5, and includes all of the State of Maine, but does not include any part of the Commonwealth of Puerto Rico.

§ 71.5 Boundary line between eastern and central zones.

(a) Minnesota-Michigan-Wisconsin.From the junction of the western boundary of the State of Michigan with the boundary between the United States and Canada northerly and easterly along the west line of Gogebic County to the west line of Ontonagon County; thence south along the west line of Ontonagon County to the north line of Gogebic County; thence southerly and easterly along the north line of Gogebic County to the west line of Iron County; thence north along the west line of Iron County to the north line of Iron County; thence east along the north line of Iron County to the east line of Iron County; thence south along the east line of Iron County to the north line of Dickinson County; thence east along the north line of Dickinson County to the east line of Dickinson County; thence south along the east line of Dickinson County to the north line of Menominee County; thence east along the north line of Menominee County to the east line of Menominee County; thence southerly and easterly along the east line of Menominee County to Lake Michigan; thence east to the western boundary of the State of Michigan; thence southerly and easterly along the western boundary of the State of Michigan to a point in the middle of Lake Michigan opposite the main channel of Green Bay; thence southerly along the western boundary of the State of Michigan to its junction with the southern boundary thereof and the northern boundary of the State of Indiana.

(b) Indiana-Illinois. From the junction of the western boundary of the State of Michigan with the northern boundary of the State of Indiana easterly along the northern boundary of the State of Indiana to the east line of La Porte County; thence southerly along the east line of La Porte County to the north line of Starke County; thence east along the north line of Starke County to the east line of Starke County; thence south along the east line of Starke County to the south line of Starke County; thence west along the south line of Starke

County to the east line of Jasper County; thence south along the east line of Jasper County to the south line of Jasper County; thence west along the south lines of Jasper and Newton Counties to the western boundary of the State of Indiana; thence south along the western boundary of Indiana to the north line of Gibson County; thence east along the north lines of Gibson and Pike Counties to the east line of Pike County; thence south along the east lines of Pike and Warrick Counties to the north line of Warrick County; thence east along the north lines of Warrick and Spencer Counties to the east line of Spencer County; thence south along the east line of Spencer County to the IndianaKentucky boundary.

(c) Kentucky. From the junction of the east line of Spencer County, Ind., with the Indiana-Kentucky boundary easterly along that boundary to the west line of Meade County, Ky.; thence southeasterly and southwesterly along the west lines of Meade and Hardin Counties to the southwest corner of Hardin County; thence along the south lines of Hardin and Larue Counties to the northwest corner of Taylor County; thence southeasterly along the west (southwest) line of Taylor County and northeasterly along the east (southeast) line of Taylor County to the west line of Casey County; and thence southerly along the west and south lines of Casey, Pulaski, and McCreary Counties to the Kentucky-Tennessee boundary.

(d) Tennessee. From the junction of the west line of McCreary County, Ky. with the Kentucky-Tennessee boundary westerly along that boundary to the west line of Scott County, Tenn.; thence southerly along the west line of Scott County, the north and west lines of Morgan County, and the north line of Roane County to the north line of Rhea County; thence northwesterly along the north line of Rhea County; and thence southwesterly along the west lines of Rhea and Hamilton Counties to the Tennessee-Georgia boundary.

(e) Georgia-Alabama. From the junction of the west line of Hamilton County, Tenn., with the Tennessee-Georgia boundary westerly along that boundary to its junction with the AlabamaGeorgia boundary; thence southerly along that boundary and the FloridaGeorgia boundary to the southwest corner of the State of Georgia.

(f) Florida. From the southwest corner of the State of Georgia to the midpoint of the Apalachicola River on the downstream side of Jim Woodruff Dam; thence southerly along the middle of the main channel of the Apalachicola River to its intersection with the Jackson River; thence westerly along the center of the Jackson River to its intersection with the Intracoastal Waterway; thence westerly along the center of the Intracoastal Waterway to the west line of Gulf County; thence southerly along the west line of Gulf County to the Gulf of Mexico.

(g) [Reserved]

(h) Municipalities on boundary line. All municipalities located upon the zone boundary line described in this section are in the central standard time zone.

[85 FR. 12318, Aug. 1, 1970, as amended by Amdt. 71-12, 37 FR 11972, June 16, 1972; Amdt. 71-13, 38 FR 9229, Apr. 12, 1973; Amdt. 71-14, 38 FR 13725, May 25, 1973]

§ 71.6 Central zone.

The third zone, the central standard time zone, includes that part of the United States that is west of the boundary line between the eastern and central standard time zones described in § 71.5 and east of the boundary line between the central and mountain standard time zones described in § 71.7.

$71.7 Boundary line between central and mountain zones.

(a) Montana-North Dakota. Beginning at the junction of the MontanaNorth Dakota boundary with the boundary of the United States and Canada southerly along the Montana-North Dakota boundary to the Missouri River; thence southerly and easterly along the middle of that river to the midpoint of the confluence of the Missouri and Yellowstone Rivers; thence southerly and easterly along the middle of the Yellowstone River to the north boundary of T. 150 N., R. 104 W.; thence east to the northwest corner of T. 150 N., R. 102 W.; thence south to the southwest corner of T. 149 N., R. 102 W.; thence east to the northwest corner of T. 148 N., R. 102 W.; thence south to the northwest corner of T. 147 N., R. 102 W.; thence east to the southwest corner of T. 148 N., R. 101 W.; thence south to the middle of the Little Missouri; thence easterly and northerly along the middle of that river to the midpoint of its confluence with the MisBouri River; thence southerly and east

erly along the middle of the Missouri River to the north line of Morton County; thence west along the north line of Morton County to the northwest corner of T. 140 N., R. 83 W.; thence south to the southwest corner of T. 140 N., R. 83 W.; thence east to the southeast corner of T. 140 N., R. 83 W.; thence south to the middle of the Heart River; thence easterly and northerly along the middle of that river to the southern boundary of T. 139 N., R. 82 W.; thence east to the middle of the Heart River; thence southerly and easterly along the middle of that river to the midpoint of the confluence of the Heart and Missouri Rivers; thence southerly and easterly along the middle of the Missouri River to the northern boundary of T. 130 N., R. 80 W.; thence west to the northwest corner of T. 130 N., R. 80 W.; thence south to the North Dakota-South Dakota boundary; thence easterly along that boundary to the middle of the Missouri River.

(b) South Dakota. From the junction of the North Dakota-South Dakota boundary with the Missouri River southerly along the main channel of that river to the crossing of the Chicago & North Western Railway near Pierre; thence southwesterly to the northeast corner of T. 1 S., R. 28 E. in Jones County; thence south along the range line between Rs. 28 and 29 E. to the north line of Mellette County; thence east along the north line of Mellette County to the west line of Tripp County; thence south along the west line of Tripp County to the North Dakota-Nebraska boundary.

(c) Nebraska. From the junction of the west line of Tripp County, South Dakota with the South Dakota-Nebraska boundary west along that boundary to the west line of R. 30 W.; thence south along the range line between Rs. 30 and 31 W. to the southwest corner of sec. 19, T. 33 N., R. 30 W.; thence easterly along section lines to the northeast corner of sec. 29, T. 33 N., R. 30 W.; thence southerly along section lines with their offsets to the northeast corner of sec. 17, T. 32 N., R. 30 W.; thence westerly along section lines to the northwest corner of sec. 18, T. 32 N., R. 30 W.; thence southerly along the range line to the southwest corner of T. 31 N., R. 30 W.; thence easterly along the township line to the northeast corner of T. 30 N., R. 30 W.; thence southerly along the range line to the southwest corner of T. 29 N., R. 29 W.; thence westerly along the township line to the northwest corner of sec. 4, T.