and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings (other than residential structures subject to this Act and buildings, structures, and facilities of the Department of Defense subject to this Act) as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 3. The Secretary of Housing and Urban Devel- 42 U.S.C. 4153 opment, in consultation with the Secretary of Health, Education, and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings which are residential structures subject to this Act as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 4. The Secretary of Defense, in consultation 42 U.S.C. 4154 with the Secretary of Health, Education, and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings, structures, and facilities of the Department of Defense subject to this Act as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 5. Every building designed, constructed, or al- 42 U.S.C. 4155 tered after the effective date of a standard issued under this Act which is applicable to such building, shall be designed, constructed, or altered in accordance with such standard. SEC. 6. The Administrator of General Services, with 42 U.S.C. 4156 respect to standards issued under section 2 of this Act, and the Secretary of Housing and Urban Development, with respect to standards issued under section 3 of this Act, and the Secretary of Defense with respect to standards issued under section 4 of this Act, is authorized (1) to modify or waive any such standard, on a case-by-case basis, upon application made by the head of the department, agency, or instrumentality of the United States concerned, and upon a determination by the Administrator or Secretary, as the case may be, that such modification or waiver is clearly necessary, and (2) to conduct such surveys and investigations as he deems necessary to insure compliance with such standards. NOTE: See Rehabilitation Act of 1973, Act of Sept. 26, 1973, Pub. L. 93-112, 87 Stat. 391, Sec. 502(a) which established the Architectural and Transportation Barriers Compliance Board (29 U.S.C. 792). The Administrator of General Services Administration is a member of the Board. One of the functions of the Board is to insure compliance with the standards prescribed pursuant to the Architectural Barriers Act of 1968 (Pub. L. 90-480, as codified 42 U.S.C. 4152). UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 Act of Jan. 2, 1971, Pub. L. 91-646, 84 Stat. 1894, as amended, 42 U.S.C. 4621 et seq. 42 U.S.C. 4651 TITLE III-UNIFORM REAL PROPERTY ACQUISITION POLICY UNIFORM POLICY ON REAL PROPERTY ACQUISITION 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. (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 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 mar ket 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 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 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 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. BUILDINGS, STRUCTURES, AND IMPROVEMENTS SEC. 302. (a) Notwithstanding any other provision of 42 U.S.C. 4652 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. (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 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 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. SEC. 305. [omitted] (Sec. 305 concerns land acquisition policies with respect to grant programs). NOTES: (1) The definition of terms used in Title III are set out in Title I of the Act, codified in 42 U.S.C. § 4601. (2) Title II of the Act entitled "Uniform Relocation Assistance" is set out in 42 U.S.C. §§ 4621-4638. 7. TRANSPORTATION Table of Contents Procurement procedure Procurement, warehousing, and related activities, including representation on behalf of executive agencies before regulatory bodies, and 10-year utility contracting authority Motor Vehicle pools and systems Interagency Motor Vehicle Pools and Systems Reduced rates for Government Traffic by Rail Carriers Reduced rates for Government Traffic by Motor Carriers Reduced rates for Government Traffic by Water Carriers Reduced rates for Government Traffic by Freight Forwarders Transportation in American vessels of Government Personnel and certain cargoes Travel and Subsistence expenses Travel and transportation expenses Commuted rates-Transportation of household goods Administrator to prescribe travel regulations and allowances Noise Control Act of 1972 Clean Air Act-Development of low-emission vehicles Passenger motor vehicles-Purchase of additional equipment Transportation Audits Transportation Audits and recovery of Overcharges Exemption of Dispersing Officers from Liability for Overpayments for Transportation Page 276 276 276 276 281 284 284 284 285 286 288 292 302 303 310 312 313 314 315 |