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.

(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 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: PAY

MENT OF LITIGATION EXPENSES IN CERTAIN CASES]

[SEC. 305. 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, a State 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 State agency that

(1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and

(2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304.]

AGENCY CERTIFICATION OF STATE PROGRAMS

SEC. 305. (a) Except as provided in paragraph (6) of this section, 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 or after the effective date of this title, unless he receives satisfactory assurances that

(1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies under section 301 of this title and the provisions of section 302 of this title, and

(2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304 of this title.

(b) Notwithstanding any other provision of law, this title shall not apply to any acquiring agency in any State which adopts legislation which the head of the lead agency determines will accomplish substantially the same purpose and effect as this title. The head of the lead agency may recind any certification issued under this subsection if he determines that such State legislation is not being fully complied with and enforced. The head of the lead agency shall provide the State government with due notice prior to taking any such action, and provide such government with an opportunity to demonstrate why the action should not be taken.

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.

TITLE IV-EFFECTIVE DATE

SEC. 401. The provisions and amendments made by this Act shall take effect twelve months from the date of the enactment of this Act, except that section 213, of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and section 401 of this Act shall take effect on the date of enactment of this

Act.

IX. ADDITIONAL VIEWS OF SENATOR LEVIN

I welcome the Uniform Relocation Act Amendments of 1982 as a useful and overdue reform of the 1970 Act. The legislation as reported out of Committee incorporates a number of important changes from the bill as introduced, and has my support as the best available compromise.

I have, however, one remaining area of concern. This relates to Section 206(b) of the Amendments which allows a displacing agency, as a last resort, when suitable replacement housing cannot otherwise be found, to meet its obligation to provide such housing by providing low income housing assistance to those eligible for it. Those not so eligible are covered by Section 206 (a) which authorizes the displacing agency to take such action as is necessary or appropriate to provide suitable replacement dwellings. This may include, on a case by case basis, for good cause, raising the payment ceilings under Sections 203 and 204.

My concern is that Section 206 (b) could be construed to allow a displacing agency to discharge its obligation to provide replacement housing by offering low income housing assistance-which could be public housing—whether the displaced person in question was a homeowner, a private tenant, was occupying privately owned but publicly assisted housing, or was in public housing.

My objection is not to the use of low income housing assistance as such as a form of replacement housing for displaced persons. I am sympathetic to the need to give displacing agencies flexibility to meet their replacement housing obligations in what is often a very difficult housing market by allowing them to offer low income housing assistance to displaced persons who want it and are eligible for it. I also applaud the Committee's intention of encouraging greater coordination between the various government programs implementing national housing policy. I therefore support the provision in Section 204 (b) of the Amendments allowing a displaced tenant to opt for low income housing assistance in lieu of a replacement housing payment. I would, however, object to any suggestion that displaced persons eligible for low income housing assistance could be faced with a choice of taking such assistance, whether they wanted it or not, or forfeiting their right to replacement housing assistance, including cash payments.

When persons are involuntarily displaced from their homes by federal or federally assisted programs or projects, Congress has an obligation to ensure that, as far as possible, we restore such persons to their former level of well-being. We are not fulfilling that obligation by allowing a displacing agency, even as a last resort, to offer nothing but low income housing assistance to those with incomes low enough to qualify for it, whether they want it or not. In the case of public housing, in particular, this could mean offering a person housing of a significantly different character from the displacement dwelling.

Section 206(b) should apply only to those homeowners and private tenants who opt for low income housing assistance, and a displacing agency should otherwise be able to discharge its obligation to provide suitable replacement housing by an offer of government owned or subsidized housing only to those displaced from similarly owned or subsidized housing. This would, in effect, continue the present policy as established in HUD regulations.

CARL LEVIN.